Buckley

The information in this case charges the defendants with desertion from the steam-ship Queen of the Pacific, a coasting vessel plying between this port and San Diego, a port in this state. The offense is made punishable by section 51 of the act of June 7,1872, and also by section 4596, Rev. St.

*805 ■The information is demurred to, on the ground that those provisions are repealed by the act of June 9, 1874, (18 St. 64.) That act provides “that none of the provisions of the act entitled ‘An act to authorize the appointment of shipping commissioners,’ [giving the title of the act,] approved June7,1872, shall apply to sail or steam vessels .engaged in the, ‘coastwise trade,’ except the coastwise trade between the Atlantic and Pacific coasts,” etc. The remaining provisions are somewhat obscure; but they need not here be considered, for it is not disputed that the ves-, sel from which the men are alleged to have deserted was engaged in the coastwise trade between ports of this state.

It is contended on the part of the prosecution— First, that the provisions of title 53, Rev. St., are in force, unaffected by the act of June 9, 1874; and, second, that that act only affects such…