We have something to support the action.
But upon this point we feel great doubt.
The only documents which we have in
our possession are (1) a copy of the
evidence given before the Resident Ma-
gistrate authenticated by a notary public
without examination to the copy thereof:
James Dilkes & Co., and (2) the des-
patch of the Superintendent at Welling-
ton to Mr. Labouchere inclosing a copy
of the same evidence; and reporting that
the master had escaped from the colony
and that the fines had not been paid.
We can hardly suppose that the Bond
could be put in suit with any chance of
success on these documents alone—but
as the question is one of much impor-
tance; and is likely to be raised in other
cases as well as this; we would suggest
that the Law Officers of the Crown
should be consulted whether the docu-
ments which we have specified or any
other; and if any what other documents
would form a sufficient ground for
proceedings in the Court of Exchequer
for the forfeiture of one of these Bonds.

23. We enclose the draft of a case for
    the law officers should Mr. Labouchere
    decide to submit the question to them.

We have, &c.,
(signed) T. W. C. Murdoch.

P.S.—Since the above was written we
have received your further letter of the
No. 71, 28th 14th instant, enclosing another despatch
August, ’57.
from the Governor of New Zealand with
a letter from the Acting Chief Justice of
the Colony on this case. These additional
papers do not, however, suggest
any addition to or modification of the
report which we had previously prepared.

(signed) T. W. C. M.

CASE.

By the 63rd Section of the Passengers’ Act, (18 and 19 Vict., cap. 119,) it
is enacted that before any Passenger
Ship shall clear out and proceed to sea,
the master, with the owner or charterer,
or in the absence of such owner or
charterer, or if the master be the owner or
charterer, one other good and sufficient
person shall enter into a joint and several
Bond to Her Majesty according to a
form printed in a schedule to the Act.
The principal conditions of the Bond
are that all the requirements of the Passenger Act shall be duly complied with,
and all penalties, fines and forfeitures,
which the master of the ship may be ad-
judged to pay, shall be duly paid.

The “Ann Wilson” sailed from Liver-
pool on the 29th November, 1856, the
master and one other surety having en-
tered into the Bond required by the Act.

On her arrival in New Zealand proceed-
ings were taken against the Master in
the Court of the Resident Magistrate,
for various breaches of the law, and fines
amounting in all to £1860 were adjudged
against him. But before this judgment
was pronounced, the master had escaped
from the colony, and was accordingly im-
possible to put it in execution.

It is desirable that the master should
not in this case be allowed to escape
without punishment; and that either
against him when he returns to this
country, or against his surety, the penalty
of the bond should be enforced. But the
only documents in possession of the Go-
vernment are first, a copy of the pro-
ceedings before the Resident Magistrate,
and his judgment, certified by a Notary,
which has been transmitted to the Emi-
gration Commissioners by the charterers
of the “Ann Wilson”; and second, a
Despatch from the Governor of New
Zealand, accompanied by one from the
Superintendent of Wellington, enclosing
a manuscript and a printed copy of the
same proceedings, and repeating that the
master had escaped from the colony,
and that the fines had not been paid.

You are requested to advise whether
proceedings could properly be taken on
these documents, for putting the Bond
given by the Master of the “Ann Wil-
son” and his surety in suit, and if not,
whether there are any and what other
documents which might be obtained from
the colony on which such proceedings
could be taken. There are annexed for
your consideration:—

(1.) A Copy of the Passenger Act,
1855.

(2.) The Notarial Copy of the Pro-
ceedings before the Resident
Magistrate above referred to.

(3.) The Governor’s Despatch re-
porting on the case.

The Attorney and Solicitor-General
to the Right Hon. H. Labouchere.

Lincoln’s Inn,
March 1st, 1858.

SIR,—We are favoured with Mr. Merri-
vale’s letter of the 14th January last,
in which he stated that he was directed
by you to transmit to us the case which
has been drawn up by the Colonial Land
and Emigration Commissioners relative
to an alleged infringement of the Passen-
gers Act by the master of the emigrant
ship “Ann Wilson,” and he was to re-
quest that we would report to you our
opinion on the points raised by the Com-
missioners.