380 PARLIAMENTS OF THE DOMINIONS [PART III
Natal,! under its inherent jurisdiction, and not, as of course it
might have done, under the Imperial Acts which were not cited.
There are other cases sometimes cited in this connexion
which have really nothing to do with the question, but deal
with questions of civil rights in a Colony of persons residing
abroad. It is absurd to say absolutely, as in the doctrine
ascribed by Lefroy to Low v. Routledge, that an alien’s rights
outside Canada cannot be affected by a Canadian Act. That
case is no authority for any such proposition : it is an autho-
rity merely for the proposition that an Imperial Act con-
ferring certain privileges cannot be rendered invalid by any
Colonial legislation, if such privileges are expressed to extend
to the Colonies, as was the privilege of obtaining copyright
imperially by publication in England in that case. The real
position is clearly laid down in Ashbury v. Ellis, where the
Privy Council held clearly that the power given to New
Zealand by s. 53 of the Constitution Act of 1852 enabled the
Legislature to make rules subjecting to the jurisdiction of
its tribunals persons neither themselves nor by their agents
resident in the Colony, in respect of actions founded on any
contract made or entered into wholly or in part to be
performed in the Colony, for their lordships are clear that
it is for the peace, order, and good government of New
Zealand that the Courts of New Zealand should in any case
of contracts made or to be performed in New Zealand have
the power of judging whether they will or will not proceed
in the absence of the defendant.’ The Court carefully
distinguished in that case between the validity of the law
in the Colony and its effect outside in other Courts, which
of course is quite a different thing, and depends on the
doctrines of private international law. Thus the cases which
treat of the effect in England of judgements obtained in
Colonial Courts in these cases are not directed to the effect
of Colonial laws outside the territory, but to the principles
of law which apply if a Court proceeds with a case in the
* BR. v. Bester, 21 N. L. R. 238, where Dutch law only was cited foreign ;
of. Anson, Law of the Constitution ®, 11. i. 242-5.
* 1 Ch. App. 42, 3 [1893] A. C. 339.