cmap. 11] LIMITATION OF LEGISLATION 397 
by the case of The Attorney-General for Canada v. Cain and 
Gilhula! As regards Macleod’s? case he rested on the argu- 
ment that the result would have been other had the accused 
been a citizen of New South Wales, and he pointed out that 
a person naturalized in a Colony under the Naturalization 
Act of that Colony was only a British subject in respect of 
the Colony, and he would not be subject, unless colonial 
legislatures had power to bind colonial citizens, to any 
legislative restrictions outside British territory. He also 
relied on the fact that a ship could be considered as part 
of the territory of the state whose flag she flies, and he held 
that the laws of New Zealand applied to persons on board 
a New Zealand ship as distinct from a British ship when 
beyond the territorial limits of New Zealand. He admitted 
that the doctrine which he laid down was a development of 
the doctrine of self-government, but he referred to the fact 
that it had been the glory of the British Constitution that, 
unlike the Constitution of the United States, it allowed 
growth, development, and adaptation, and he held that the 
fact that the power had not hitherto been claimed was no 
proof that the Constitution Act did not contain a potency, 
both of legislation and administration, hitherto not exercised 
in the Colony. It is difficult to accept the views of the Chief 
Justice. The case of the conveyance of a prisoner from one 
prison in a Colony to another outside territorial limits is 
really covered, as the Court seemed to have forgotten, by 
the Fugitive Offenders Act, 1881, s. 25. The overruling of 
In re Gleich by the Privy Council extends only to the precise 
point there decided, namely, the power of a Dominion 
legislature to make adequate provision for the removal of 
undesirable persons from within the Colony. It cannot be 
used as an argument for the existence of an extra-territorial 
authority in Dominion parliaments. Nor does it seem 
reasonable to assume that on a foreign ship not in territorial 
waters the criminal laws of a Dominion should take general 
effect; if a duel were so fought then the offenders could 
be punished in England by virtue of the power given by 
< 119061 A. C. 542. 2 118917 A. C. 455.