Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part III. The Parliaments of the Dominions

Collection:: Economics Books

CHAP. 11] LIMITATION OF LEGISLATION © = 387 The ship arrived from Sydney at the Port of Melbourne having the seals broken without the authority of an officer of the Customs. The plaintift’s claim was for £100_by reason of the ship's entering the Port of Melbourne with the seals broken ; and for £50 for using the stores while the ship was within terri- torial waters or in the Port of Melbourne. The sections under which the action was brought were the 127th and 192nd. Section 127 is in these words :— ‘Use of ships’ stores.’ 127. * Ships’ stores whether shipped in parts beyond the seas or in the Commonwealth, unless entered for home consumption or except as pre- scribed, shall only be used by the passengers and crew and for the service of the ship and after the departure of such ship from her last port of departure in the Commonwealth.’ The language just quoted prohibits the use of ships’ stores by the passengers and crew or for the service of the ship unless duty is paid for them, or until the ship has departed from her last port of departure in the Commonwealth. So far as this section is concerned the meaning is obvious enough. All goods being liable to duty upon being imported, ships’ stores, which are treated as being privileged from the payment of duty, are only to be used by the passengers and crew of the ship, and even then not until after the departure of the ship from her last port of departure in the Commonwealth. It is difficult to see what objection can be made to the authority to inflict the penalty of £50 which is claimed in respect of the use of stores while the ship was within the territorial waters or in the Port of Melbourne, in respect of which use alone the penalty is alleged by the statement of claim to have been incurred. But the plaintiff claimed £100 in respect of the offence created by section 192. That section is in these words '— 192 ‘No fastening, lock, mark, or seal placed by an officer upon any goods or upon any door, hatchway, opening, or place for the purpose of securing any stores upon any ship which has arrived in any port from parts beyond the seas and which is bound to any other port within the Common- wealth shall be opened, altered, broken, or erased. except by authority, and if any ship enters any port with any such fastening, lock, mark, or seal opened, altered, broken, or erased contrary to this Section. the master shall be guilty of an offence against this Act.’ * Penalty: One hundred vounds ’ The objection urged appears to be that because the breaking of the seals took place on the high seas and outside oe

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