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