IT WAS a unique application – never listed in court before and possibly never since.

The Collector of Customs in Southampton sought an urgent order from magistrates banning the surgeon on a barge from taking alcohol on board.

The vessel, called the Alfred, had been moored in Southampton Water to await the arrival of more than 230 men, women and children destined for a fresh life in New Zealand.

The surgeon, who remained nameless throughout the proceedings, was proficient in his work until drink took hold of him.

It began when the Collector of Customs had directed the ship’s officers to draw up a statement of their concern and attend the hearing which took place in mid-summer 1854.

The Bench heard from three witnesses about the surgeon’s lack of sobriety.

First was John Garrett, an officer stationed in the docks, who testified that two days earlier had had seen a man staggering into the port.

The man declared himself to be a surgeon on the Alfred and wanted to report himself to the captain. He accompanied him there.

John Watts, an officer on the barge, described how he had overheard a conversation the ship’s owner telling the surgeon “You almost got me into a mess by your misconduct this morning.” He was clearly drunk.

Damning evidence also came from George Thompson, the port’s surveyor, who twice witnessed the doctor under the influence of spirits.

“Between seven and eight o’clock in the evening, I saw him on the quay. He was intoxicated but not insensibly drunk. The following afternoon, I saw on board the Alfred, he appeared to have been drinking and certainly was in no state to have been able to perform a surgical operation.

“In consequence, I thought it was my duty to contact the Collector of Customs who came down and sent for the captain of the vessel and said to him that in the circumstances he could not clear the vessel to sail until I got a sufficient guarantee that no intoxicating liquors should be given to him during the voyage.

"There were a few emigrants on the quay and they were perfectly satisfied with what the Collector had done in the matter.”

The presiding magistrate, Admiral Ward, commended the Collector for allowing the officers to be present.

“This is a very important matter with the lives of many people jeopardised.”

The Bench then granted the order and the Alfred set sail within hours – with the surgeon on board and without spirits....