38¢ PARLIAMENTS OF THE DOMINIONS [PART 111
administering the criminal law in that respect, they thought
that this construction of the statute received support from
the arrangements made in the statute for the trial, the form of
the indictment, &c. It was plainly implied in their opinion
that the venue, which was New South Wales, and the juris-
diction should be sufficient unless the contrary were shown.
Upon the face of this record the offence is charged to
have been committed in Missouri, in the United States of
America, and it therefore appears to their Lordships that it
is manifestly shown, beyond all possibility of doubt, that the
offence charged was an offence which, if committed at all,
was committed in another country, beyond the jurisdiction
of the Colony of New South Wales.
The result, as it appears to their Lordships, must be that
there was no jurisdiction to try the alleged offender for this
offence, and that this conviction should be set aside. Their
Lordships think it right to add that they are of opinion that
if the wider construction had been applied to the statute,
and it was supposed that it was intended thereby to com-
prehend cases so wide as those insisted on at the bar, it
would have been beyond the jurisdiction of the Colony to
enact such a law. Their jurisdiction is confined within their
own territories, and the maxim which has been more than
once quoted, Extra territorium jus dicenti impune non
paretur, would be applicable to such a case. Lord Wensley-
dale, when Baron Parke, advising the House of Lords in
Jefferys v. Boosey! expresses the same proposition in very
terse language. He says: ‘The Legislature has no power
over any persons except its own subjects—that is, persons
natural-born subjects, or resident, or whilst they are within
the limits of the kingdom. The Legislature can impose
no duties except on them; and when legislating for the
benefit of persons, must, prima facie, be considered to mean
the benefit of those who owe obedience to our laws, and whose
‘nterests the Legislature is under a correlative obligation to
protect.” All crime is local. The jurisdiction over the crime
belongs to the country where the crime is committed, and,
oxcept over her own subjects, Her Majesty and the Imperial
Legislature have no power whatever. It appears to their
Lordships that the effect of giving the wider interpretation
to this statute necessary to sustain this indictment would
be to comprehend a great deal more than Her Majesty's
4H. L. R. 815,at p. 926. Cf. Letroy, Legislative Power in Canada, p. 321.