No. 3

I have the honor to acknowledge the receipt of your Despatch No. 52
of the 29th April enclosing "An Ordinance," No. 14 of 1870 "to prevent
desertion from Merchant ships" which has been passed by the Legislative
Council of British Columbia.

This Ordinance has been referred for the consideration of the Board
of Trade, who in their reply have expressed a fear that it will be very
difficult to prove any offence against the Ordinance. They also consider
that the penalty under the 1st Section for inciting Seamen to desert and
harboring deserters should be inflicted in all cases in which the
defendant cannot prove that he or she had no means of knowing or did not
know that the seamen or apprentice was so harboured or secreted.

As this is the principle upon which the Law with regard to the
prosecution of persons for illegal possession of secreting of wreck, is
framed the Board of Trade are of opinion that it would be well to adopt
it in regard to crimping.

Although the preamble of the Ordinance refers to the merchant ships
only there may be some doubt whether its provisions would not include
deserters from the Royal Navy. As the Attorney General in his report
refers to the cost of sending marines or Seamen in men of War ships from
England, it has been thought desirable to ascertain whether the Lords of
the Admiralty wished the Ordinance to be applied to deserters from the
Royal Navy, their Lordships however have stated in reply that such is
not their desire, as the 25th and 26th Sections of the Naval discipline
Act apply to any part of Her Majesty's Dominions.

Under these circumstances I have to suggest that the Ordinance No.
14 of 1870 should be repealed, and a new one passed adopting the
suggestions of the Board of Trade, and making it clear that the
provisions apply to merchant vessels only.