199

released from his articles by being once
punished for desertion.

(Signed) John S. PAKINGTON.
Governor Sir George Grey,
K.C.B., &c., &c., &c.

(Copy.)
Office of the Committee of
Privy Council for Trade,
2nd June, 1852.

SIR,—I am directed by the Lords of the
Committee of the Privy Council for Trade,
to request that you will inform Secretary Sir
John Pakington that my Lords have been
informed by a letter, a copy of which is
enclosed, that some of the Authorities at
Port Philip, have in construing the Acts
which relate to Merchant Seamen, acted
upon the opinion that if a Sailor is once
convicted and imprisoned for desertion,
his engagement is at an end, and that
he cannot at the conclusion of his punishment be compelled to return to his ship.
As this course appeared to my Lords to
be questionable in Law, and injurious in
its tendency, they have taken the opinion
of the Law Officers upon it, from which
it appears that a Sailor is not released
from his Articles by being once punished
for Desertion.

A copy of this opinion is enclosed, and
I am to request you will move Sir John
Pakington to consider whether it is not
desirable that it should be communicated
to the Government of the Colony.

I am, Sir,
Your obedient Servant,
(Signed) JAMES BOOTH.
H. Merivale, Esq.,
&c., &c., &c. Colonial Office.

(Copy.)
35 Albert Square,
Commercial Road East,
24th May, 1852.

SIR,— I have the honor of addressing
you on a subject which materially affects
the interest of British Shipping, trading
to the Australian Colonies, having to
contend with the difficulties that have
arisen in Melbourne, Port Philip, since
the discovery of Gold in that Colony;—
while there in the ship “Melbourne,” of
Glasgow, some of my crew, with that of
other ships, deserted; six I caught on
their way to the Diggings, three of which
I took before the sitting Magistrate at
Williams Town, they were sentenced to
12 weeks’ imprisonment, and by work-
ing overtime while in jail, they were
released at the end of 10 weeks, without
notice being given to me. When ready
for sea, with a valuable cargo of wool and
gold, I went to Melbourne from Geelong
and waited on his Excellency the Gover-
nor, who sent orders to the Sheriff to de-
liver the men up to me, and on applying
to the Sheriff, I obtained an order from
him on the jailer; but on waiting on that
functionary was told that the seamen had
been discharged some days before, he
stating that he was not obliged to give
notice to the Master when their time was
up, and that the ship had no right to the
seamen after having performed their
time of punishment. This opinion is
also held by the Magistrates at Williams
Town, much to the annoyance and cost
of the Ship-masters, grounding their argu-
ment on the Mercantile Marine Act,
because it does not say they shall be re-
turned to the ship. As I am about to
return to that Colony, I should wish much
to have the opinion of the Lords of the
Committee of Privy Council for Trade on
that point, as I am not aware that al-
though a seaman may be imprisoned
under the Act, that it does release him
from his engagement with the ship, yet
such has been the practice followed up by
the Authorities of Port Philip since I have
been trading to that Colony.

Begging their Lordships will give this
matter their early consideration, and favor
me with a reply,

I am, &c.,
(Signed) SAMUEL PICKIN.
To The Secretary of the
Board of Trade,
Naval Department.

(Copy.)
Temple, May 31st, 1852.

MY LORDS,—We were favoured with
Mr. Farrer’s letter of the 28th instant, in
which he stated that he was directed by
your Lordships to enclose the accom-
panying Case, and to request our opinion
thereon.

The Case, after reciting the 6th and
7th section of 8th Vic., c. 112, and
the 70th section of the 13th and 14th
Vic., c. 93, proceeded to state that from
statements made to the Board of
Trade, it appears that under the latter
section, certain deserters were arrested
at Melbourne, in Australia, and were
convicted and sentenced to imprison-
ment, and that upon the conclusion of
the imprisonment, the Master of the