cHAP. 11] LIMITATION OF LEGISLATION 389 
rule might be held to be valid, and yet, on the other hand, 
the condemnation take place. In the first place, it might 
be that, to make the power to legislate for territorial waters 
effective, the ancillary power must be assumed to legislate 
for a vessel which, having come into the territorial waters, 
departed thence and came back . again into territorial 
waters, having endeavoured to evade the law of the country 
by an action done outside territorial waters. Then again, 
it was not clear whether or not s. 5 of the Constitution Act 
applied to the case. Tt is clear from the judgement that the 
matter was not actually settled by the Court. Moreover, 
the offence was only complete by entry into port with the 
seals broken. It may be that the judgement establishes no 
more than that it was legal for the Commonwealth Parlia- 
ment to enact that entry with the seals broken should be an 
offence, though the breaking of the seals took place at sea. 
This seems to be the interpretation placed on the case by the 
Government of the Commonwealth, for in their Navigation 
Bill, to strengthen legislation with regard to the wages pay- 
able on vessels while engaged in the coasting trade, a clause 
(s. 288) is proposed under which the wages in question shall 
not be deemed to have been paid if deductions are made 
outside Australia, to make up for the higher wages paid 
while engaged in the coasting trade, and in the notes accom- 
panying the Bill reference is made to the Peninsular and 
Oriental case as justifying such legislation. 
The matter has further been considered in connexion with 
the question of the expulsion of aliens under the Immigration 
Act of the Dominion Parliament. It was held in the Court 
of King’s Bench of Ontario by Mr. Justice Anglin, that such 
expulsion could not be justified, on the ground that it in- 
volved extra-territorial legislation, and the legislation of the 
Dominion was essentially territorial in character. He relied 
on the case of Macleod, which has been already quoted, and 
on several other cases, none of which, however, is of equal 
value to that case. He thought that the expulsion could 
not take place across the frontier without involving compul- 
sion bevond the frontier.