PROTECTION OF DEEP SEA FISHERIES. 387 



would not be performing his duties, therefore if an appren- 

 tice deserts and his master can catch him, he cannot im- 

 prison him for desertion, but by calling it by another 

 name, viz., " neglecting to perform his duties," he can do 

 so. This speaks for itself, and is evidently intended to show 

 how to evade a blundering Act of Parliament. Another 

 means of evasion is next pointed out by calling attention 

 to subsections 4 and 5 of section 243 of the Merchant 

 Shipping Act, 1854, whereby apprentices are liable to 

 imprisonment for wilful disobedience to any lawful com- 

 mand, or for continued wilful neglect of duty. Therefore, 

 again, if an apprentice deserts, it rules that a master may 

 prosecute his apprentice for desertion by simply calling it 

 by another name, either " wilful disobedience," or " continued 

 neglect of duty," and thi* in the face of an Act stating 

 that an apprentice shall not be liable to imprisonment for 

 deserting or neglecting to join his ship. Section 3 of this 

 notice then points out that although the Act of 1880 gives 

 the apprentice power to give 48 hours' notice to protect 

 himself from liability to be summarily sent on board by 

 order of a magistrate, still, should any unlucky apprentice 

 think proper to avail himself of this thoughtful and kind 

 privilege enacted by the Act of 1880, he renders himself 

 liable to be at once taken before a magistrate to be im- 

 prisoned because he has violated his indenture, by acting 

 according to the law which empowers him to give this 

 notice. It must be evident to any one that the effect of this 

 part of the Act of 1880 has been to put the trade into a 

 state of great uncertainty. At some ports the magistrates, 

 acting no doubt under the advice of their clerk, have con- 

 tinued to imprison for desertion, by looking at it from the 

 point of view set forth in the Board of Trade notice. At 

 other ports convictions for desertion have not taken place, 



2 C 2 



