(1.) Hugh Doran was prosecuted for deserting from the ship "Renfrewshire," at Quebec. The petition occupied twelve pages, making between the draft and process copy twenty-four pages. It received the public prosecutor's concurrence, and a warrant to apprehend the accused on the 22nd of October. On the following day, Doran was apprehended in Port Glasgow, and brought to Greenock, where he confessed his offence, and was sentenced to twelve weeks' imprisonment by Sheriff Marshall at Greenock, but the officer was obliged to keep the prisoner, after receiving his sentence, in custody all night in Port Glasgow, the case having terminated when it was too late in the evening to have him conveyed to Paisley, and imprisoned on that day. The expenses in this case amounted to £4 8s. 3 d. (2.) On the 24th of October, 1851, I was employed to prosecute Peter Blair, for desertion from the ship “Wolfe's Cove," belonging to Messrs. Pollok, Gilmour, & Co., at Quebec. The petition in this case extended to ten pages, or twenty pages between the draft and The seaman, on being brought becopy. fore the justice of peace pleaded guilty, and was sentenced to receive one month's imprisonment. The expenses in this case amounted to 5l. 4s. 3d. Agent....£2 27 £5 4 3 Agent....£2 3 1 (3.) On the 30th of October, 1851, I presented a petition against a seaman named Redman, also a deserter from the ship "Renfrewshire," at Quebec, and the seaman having pleaded guilty, he was sentenced by the sheriff at Greenock to four weeks' imprisonment. The expenses in this case amounted to 6l. 3s. 6d. Fiscal...... 0 2 6 Court dues 0 4 3 £6 3 6 (4.) On the 3rd of November, 1851, I presented two separate petitions against seamen of the name of M'Donald and Smith, for desertion from the ship "Renfrewshire ;" but the men, having got intelli Agent....£1 8 6 £3 6 0 gence that proceedings were being adopted against them, absconded, and have never been brought to trial. The expense incurred in each case, however, amounted to 31. 6s. Od., or 6l. 12s. Od. for both. These cases, which have fallen within my experience, embraced a variety of procedure directed chiefly against the offence of desertion. The form of procedure adopted, has, in the flexible language of the 107th section of the Mercantile Marine Act, been an appropriate summary proceeding as it is known and practised in Scotland; and, being unopposed, they probably, on that account, exhibit the least striking instances of the expense and delay attending the practical operation of the statutes referred to in Scotland. The vindication of the statute amounts in many cases to a punishment of the ship-owner; and although it may be difficult to remove the grievance entirely, it might be considerably alleviated by the legislature. (1.) Prescribing a short statutory form applicable to the offence charged, which might contain a warrant for seizing and carrying the offender before the nearest sheriff, justice of peace, or burgh magistrate, to answer to the offence. (2.) Providing that the procedure should be without a written record, and summary similar to that followed in the Small Debt Police Courts. (3.) Enacting a table for regulating the fees of clerks of court, officers, and agents. H. DEMPSTER, Provost of Sheriff's Court, at Greenock (Signed) Greenock, 17th December, 1851. No. VII. Notes in "Astoria's" Case. John Black, seaman, v. John Jenkins, late Master of the " Astoria." 1st. Petition, dated 3rd of Nov. 1851, and extending to twenty pages, charges Mr. Jenkins with a violation of the 7 & 8 Vict. chap. 112. sects. 2 & 4., 13 & 14 Vict. chap. 93. Also, "Assault," 44th sect. of act 7 & 8 Vict. chap. 112., and statute 9th Geo. 4. 2nd. Warrant is granted on the 3rd of November. Appointed petition to be intimated to answer the complaint. Sederunt 6 hours. Sederunt 4 hours. Sederunt 9 hours. Sederunt 9 hours. 3rd. On the 6th of November, the master appeared with his agent, Mr. William Steele, who stated various preliminary pleas, which were repelled, and proof proceeded with, and thirtytwo pages of proof taken. Case then adjourned to the 11th of November. Parties attended on the 11th, and proceeded to proof for pursuer, and twenty-four pages led, and case adjourned till the 13th of November. Parties then attend, when sixty pages of proof taken. Case then adjourned till the 17th of November. Parties then attended for pursuer's proof, when thirty pages were taken. On the 20th of Sederunt 3 hours. November, parties again met, fourteen pages led. On the 24th, fifty pages, which was the defender's proof, and case adjourned till Monday next, the 1st of December. Parties again met, and after an additional adjournment or two, at which proof was led, the judgment of the court was given, finding the master liable in about 80%, of penalties, and 30l. as modified costs; in addition to which Mr. Jenkins' expenses for law agents' fees are upwards of 651., and Black's expenses upwards of 451. The proof led in the case amounts altogether to 230 pages, and the judgment to twelve. Sederunt 9 hours. Case, Pitts v. Harrison. This case was at the instance of a mate against the master. The petition was presented under the act 7 & 8 Vict. chap. 112., & 13 & 14 Vict. chap. 93. It was brought into court on the 30th day of July, 1851, and extends, with the plaintiff's declaration, to eleven pages. The petition was served on the defender, who appeared on the 4th of August, and was examined, his examination being taken down in writing. The parties were so far at one as to the facts, that the justices decided the case that day; but if the parties had denied each other's statements, proof would, in all likelihood, have taken place, and there is no saying when it would have ended. The defender was found liable in 17. modified expenses, but the whole expenses of this action on both sides would be about 51. Case, Cameron v. Williamson. This was a case similar to the above, the whole proceedings being taken in writing; and numerous other cases could be given if necessary, — the expenses about the same. 66 Case, Campbell v. Morrison. This was a case under the Merchant Seamen's Act. The pursuer was a seaman on board the schooner, "Portland," a regular trader between Glasgow and Liverpool, and was commanded by the defender. Campbell got drunk, and came on board just at the time the "Portland " was about to leave the quay for Liverpool, and began to quarrel with the cook; a fight ensued, which caused the police officers to go on board the Portland," and, having taken Campbell into custody, were in the act of taking him ashore, when he shouted out to the master, who was then forward attending to his duties, getting the vessel under weigh in tow of a steamer, that he wanted his register-ticket. The officers conveyed Campbell to the police-office; the "Portland" went on her voyage; and on her return, after a lapse of about fourteen days, Captain Morrison was served with a long petition and complaint at Campbell's instance, for refusing to deliver up his register-ticket, and concluding for a penalty of 51. and costs. The complaint extended to about sixteen pages; and Morrison having appeared before the justices, his declaration and defence were taken by the justice of peace clerk (then Mr. Douglas), and extended to several pages. Afterwards proofs were led for both parties, which were all taken in writing in full, and extended to a considerable number of pages. During these proceedings, several adjournments took place, and ultimately the justices awarded the penalty, and found the defender liable in 41. 15s. of costs. The case was taken by the defender to the Court of Session; and after very considerable procedure there, the defender ultimately succeeded, and also obtained a judgment against Campbell for the expenses. Campbell made off, and has not since been heard of by the defender (so far as is known). The expenses of these proceedings cost the owners of the vessel about 55 sterling; that is, they paid their own agent this sum, of which about 81. were incurred in the Justice of Peace Court. No. VIII. On Register-Tickets. December, 1851. 1. Amendment of section 20. 7 & 8 Vict. chap. 112.—And be it enacted that every person, being a subject of Her Majesty, intending to serve on board any ship subject to the provisions of this act (except as master, physician, surgeon, or apothecary), shall provide himself with a register-ticket, and for that purpose shall apply personally at the General Register and Record Office of Seamen in London, or at one of the shipping offices of the outports of the United Kingdom, immediately after the passing of this act, or before engaging in any such ship; and every such applicant who is possessed of any register-ticket that may have been previously issued to him under the provision of the act 7 & 8 Vict. chap. 112. shall deliver up the same, and shall answer truly to the best of his knowledge and ability the questions set forth in schedule F. (No. 1.) to this act annexed, upon which (if the application has been made within six (or twelve) months of the passing of this act) he shall be entitled to receive, and be provided with, a new register-ticket without any charge whatever; and every applicant for a register-ticket after the period of six (or twelve) months from the passing of this act, and every applicant who is not possessed of a register-ticket issued to him under the said act 7 & 8 Vict. chap. 112. in addition to answering the questions aforesaid, shall furnish the documents and truly answer the questions further specified in schedule F. (No. 2.) (see p. 280.) to this act annexed, in so far as applicable to his case, or otherwise give such satisfactory and reasonable proof to the like effect, before he shall be entitled to a registerticket; and no person shall serve in any capacity on board any ship subject to any of the provisions of this act (except the master, physician, surgeon, or apothecary) who is not possessed of such register-ticket (and so on to the end of section 20., but inserting shipping master in place of custom-house, and collector and comptroller). 2. Amendment of section 21., 7 & 8 Vict. chap. 112. — And be it enacted, that if any person shall alter or destroy a register-ticket, or counterfeit, transfer, or traffic in, for gain or otherwise, or attempt to counterfeit, transfer, or traffic in, for gain or otherwise, any register-ticket issued or purporting to be issued pursuant to the provisions of this act, or if any person shall use, or attempt to use, in any way, any ticket issued under the act 7 & 8 Vict. chap. 112., or any ticket issued under this act which does not belong to him, he shall be liable to a penalty not exceeding ten pounds, and, in default of payment thereof, shall be subject to imprisonment for not less than three nor more than twelve months, with or without hard labour at the discretion of the court; and any person becoming possessed of a register-ticket other than that legally issued to him, shall forthwith transmit the same to the registrar of seamen, and, in case of default, he shall for every such offence forfeit and pay a sum not exceeding twenty pounds. 3. Amendment of section 22., 7 & 8 Vict. chap. 112. -And be it enacted, that if any seaman shall lose his register-ticket, he shall forthwith appear in person and represent his case to the registrar of seamen in London, or to the shipping master at the port where he may happen to be at the time, and shall give a true account of himself; and in order that his statement may be tested, the said registrar of seamen or shipping master shall apply for information to the officer who may have issued the ticket said to be lost, which he shall be bound at once to do; and the said seaman shall also answer such questions as the said registrar of seamen or shipping master may put to him, in regard to his previous service or otherwise, in order that the said registrar of seamen or shipping master may satisfy himself of the truth of the seaman's statement by application to the owner, master, or agent of the vessel, or vessels in which the seaman may have last served, or to any other party or parties to whom he may refer in his said statement, either by letter, or through the shipping master of the port or place where these parties respectively, or any of them, may happen to be or reside; and if it shall appear that no fraud or irregularity has been committed, and that the loss of the ticket was unavoidable, the seaman shall be furnished with another ticket on payment of the cost thereof, not exceeding shillings; but if he shall not give a satisfactory account of himself, or if any fraud or irregularity shall appear, he shall not be entitled to receive another ticket except upon payment of a penalty, not less than one pound nor more than five pounds, to be fixed by the said registrar of seamen or shipping master who may issue the new ticket, at the time of issue, according to the nature and extent of the applicant's culpability; and every applicant for a registerticket (whether for a first ticket, or for one to supply the place of a ticket previously issued) who shall give a false answer to any reasonable question that may be put to him, or make any false statement whatever with reference to the granting of such register-ticket, shall be liable in a penalty not exceeding five pounds, and, in default of payment thereof, shall be subject |