Die Staatsausgaben von Großbritannien, Frankreich, Belgien und Italien in der Vor- und Nachkriegszeit

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Monograph

Identifikator:: 1742735827

URN:: urn:nbn:de:zbw-retromon-120327

Document type:: Monograph

Title:: Die Staatsausgaben von Großbritannien, Frankreich, Belgien und Italien in der Vor- und Nachkriegszeit

Place of publication:: Berlin

Publisher:: Reimar Hobbing

Year of publication:: 1927

Scope:: 574 Seiten

Digitisation:: 2020

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Zweiter Teil. Die neuere Finanzentwicklung der Vergleichsländer

Collection:: Economics Books

394 PARLIAMENTS OF THE DOMINIONS [PART mI The Revolutionary Government put on board a British vessel several of their opponents, and the British vessel took them to England. It was assumed in the case in question, that the placing on board was legal, but it was held that the detention on board after territorial waters had been passed was not legal, and that the master of the vessel might be liable in damages. This difficulty would hardly arise in the ordinary case of deporting from Canada over the boundary into the United States, but it might easily arise in the cases provided for in the Canadian Immigration Law, where persons are deported from Canada to their native countries involving a long sea-voyage. The question might be raised by an action in England for false imprisonment, and on the analogy of Lesley’s case it may be held that damages should be awarded. But though the judgement of the Privy Council is not binding upon the English Courts, it would nevertheless be strange if those Courts did not find some means of explaining away the difficulty. For example, if a man deported from Canada sued the captain of the vessel on which he was deported for damages for false imprisonment, it would be a sufficient answer that he had been legitimately removed from Canada by the Dominion Government, if the master were under an obligation by law of the Dominion, as is now the case, to return him to the country from which he came. In Lesley’s case it may be noted the captain contracted to take the Chilian Revolu- tionists expelled from Chili by the Government to England, and thus took upon himself more or less voluntarily the onus of assisting in their detention. It will be noted that in the opinion of the law officers in 18551 there was a suggestion that the laws of a Colony might be applied outside its limits to persons domiciled in the Colony. The dictum was probably based on some misunder- standing or lack of full consideration, and it may have been mduced by the fact that by private International Law a Colony could, for example, levy estate duties on the whole of the personal property, wherever situated, of a person who * Above, pp.-372, 373. Cf. also pp. 375, 376.

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Full text: Responsible government in the Dominions (Vol. 1)

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