392 PARLIAMENTS OF THE DOMINIONS [PART II
[mperial Parliament, or by the statute of a local parliament
to which the Crown has assented. If this delegation has
taken place, the depositary or depositaries of the executive
and legislative powers and authority of the Crown can
exercise those powers and that authority to the extent
delegated as effectively as the Crown could itself have
oxercised them. The following cases establish these pro-
positions : In re Adam, Donegani v. Donegani,? Cameron v.
Kyte? Jephson v. Riera But as it is conceded that by the
Law of Nations the supreme power in every State has
the right to make laws for the exclusion or expulsion of
aliens, and to enforce those laws, it necessarily follows that
the State has the power to do those things which must be
done in the very act of expulsion, if the right to expel is to
be exercised effectively at all, notwithstanding the fact that
constraint upon the person of the alien outside the boun-
daries of the State or the commission of a trespass by the
State officer on the territories of its neighbour in the manner
pointed out by Mr. Justice Anglin in his judgement should
thereby result. Accordingly it was in In re Adam definitely
decided that the Crown had power to remove a foreigner by
force from the Island of Mauritius, though, of course, the
removal in that case would necessarily involve an imprison-
ment of the alien outside British territory, in the ship on board
of which he would be put while it traversed the high seas.
The question, therefore, for decision in this case resolves
itself into this: has the Act 60 & 61 Vict. c. 11, assented to
by the Crown, clothed the Dominion Government with the
power the Crown itself theretofore undoubtedly possessed to
expel an alien from the Dominion, or to deport him to the
country whence he entered the Dominion ? If it has, then
the fact that extra-territorial constraint must necessarily
be exercised in effecting the expulsion cannot invalidate
the warrant directing expulsion issued under the provisions
of the statute which authorizes the expulsion.
It has already been decided in Musgrove v. Chun Teeong
Toy that the Government of the Colony of Victoria, by
virtue of the powers with which it was invested to make
laws for the peace, order, and good government of the Colony,
had authority to pass a law preventing aliens from entering
the Colony of Victoria. On the authority of this case
section 1 of the above-mentioned statute would be intra
* 1 Moo. P. C. 460, at pp. 472-6. * 3 Knapp, 63, at p. 88.
* 3 Knapp, 332, at p. 343. * 3 Knapp, 130.
[1891] A. C. 272.