SIR,
73
New South Wales.
No. 66.
Copy of a LETTER from the ATTORNEY and SOLICITOR-GENERAL to
Sir J. PAKINGTON.
Temple, July 5, 1852.
No. 66.
Act, magistrates in
WE were honoured with a letter from Mr. Merivale on June 29, in Merchant Seaman's which he stated, that it having been lately represented to you that great incon- a Colony may law- venience is felt at the principal Australian ports from the desertion of the crews fully call on the of merchant-vessels; and on this as well as on other accounts, measures have officers and crews been taken for sending some of Her Majesty's ships to be stationed at those of Her Majesty's ships to assist in ports, or in the neighbourhood.
repressing offences
And also that a question had been raised, in what manner the naval force against. thus supplied can be rendered serviceable for the purpose of checking deser- tion.
And that he was commanded to direct our attention to the provisions of the Merchant Seaman's Act, 7 & 8 Vict., cap. 112, especially sections 6 and 7 (modified as to particular vessels by section 61), and to request that we would inform you whether, in our opinion, magistrates acting under those provisions may lawfully call on the officers and crews of Her Majesty's ships to assist them in the execution of their duties; and what instructions it would be proper to issue to the magistrates in question, and to the commanders of Her Majesty's ships in reference to this subject.
In obedience to such command, we have the honour to report that we are of opinion, that if magistrates require assistance for the purpose of apprehending seamen who have offended against the provisions of the Act of Parliament in question, it is as lawful for them to call upon the officers and crews of Her Majesty's ships to assist them in the execution of their duties, as upon any other of Her Majesty's subjects. The magistrates are, of course, responsible for the occasion being one in which assistance, and especially armed assistance, has become necessary; and we think it will be proper to issue instructions to the magistrates to be very cautious not to resort to this species of assistance, except in cases where, in their judgment, it has become absolutely necessary; but leaving this discretion entirely to the magistrates, the commanders of Her Majesty's ships ought to be instructed to be ready to act in aid of the civil power, whenever they may be called upon to do so.
&c.
The Right Hon. Sir J. Pakington, Bart.,
&c.
&c.
We have, &c. (Signed) FRED. THESIGER.
FITZROY KELLY.
No. 67.
No. 67.
SIR,
COPY of a LETTER from the ATTORNEY and SOLICITOR-General to Sir J. PAKINGTON.
Temple, December 24, 1852.
WE were favoured with Mr. Merivale's letter of the 7th instant, in which Currency, prero- he stated that in reference to an opinion given by us on the 15th of May last, gative of the Crown upon a case as to the currency of the British Colonies stated on behalf of the respecting, is not
taken away by the Lords Commissioners of the Treasury, he was directed by you to transmit to us operation of Acts copy of an Order in Council and Proclamation, by which it was declared-- of Parliament
1. That (within the Colonies therein named) the coins of the United constitating Colo- Kingdom shall pass current in the manner directed in the several Acts of nial Legislatures. Parliament which regulate the currency of the same
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