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

398 PARLIAMENTS OF THE DOMINIONS [part 11 bhe Offences Against the Person Act, 1861, which was expressly intended in this regard to put a stop to the practice of duelling by British subjects all over the world. Nor can it be held that the attempt to dispose of the case of Macleod! was satisfactory. There is no trace in the judgement of the Privy Council of the view that they would have differentiated the matter had Macleod been domiciled in New South Wales instead, as was apparently the case, of not being domiciled there. Nor is there any justification for the theory that the general colonial legislation applies to a colonial vessel. The Admiralty Offences (Colonialy Act, 1849, and certain sections of the Merchant Shipping Act, 1894, confer on Colonial Courts jurisdiction to enforce the laws not of the Colony but the laws of England, which are assumed to prevail upon any British ship within the jurisdiction of the Admiralty. Tt is true that a doubtful case remains, namely, the position of a British subject by naturalization in a Colony. Colonial naturalization, both by the limitation of the legis- lative power of a Colony and by the Naturalization Act, 1870, can confer the status of a British subject only within the actual limits of a Colony, but as a matter of fact this anomaly is not of much importance, for if a man commits any offence on board a British ship in the high seas he is subject, under 8. 686 of the Merchant Shipping Act, 1894, to the jurisdiction of any Court in His Majesty’s dominions, which would have the power to try the case had the crime been committed within the ordinary jurisdiction of that Court. Even the few cases in which a British subject naturalized in a Colony may escape punishment because colonial laws do not apply deyond the territory may be safely neglected.2 While it cannot be held that the attempt of the Chief Justice is very satisfactory or convincing, at the same time it would be idle to ignore, in view of the cases of Cain and Gilhula, that the territorial limits of the jurisdiction of the Legislature of a Colony must be deemed to extend so far as [1891] A. C. 455. See e.g. the Acts 35 Hon, VIL ¢. 2; 11 & 12 Will. IIL. 12; 33 & 34 Vict. ¢. 90; 52 & 53 Viet, o, 52; 46 & 47 Vict, ¢, 3.

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