CHAP. viI] MERCHANT SHIPPING 1207
provisions of the Imperial Statute had no application, for not
only was the vessel in question registered in Victoria, but the
seamen were not engaged for a voyage or engagement which
was to terminate in the United Kingdom.
All the members of the Court appear to have acquiesced
in the view that the Victorian Statute No. 1557, which
adopted the provisions of the Imperial Act, 1894, including
S. 166, was to be regarded in the light of a Colonial Statute.
The Chief Justice merely said that as the vessels were Tegis-
tered and controlled by statute which the Imperial Legislature
had authorized the State of Victoria, to pass, they ought to
have the same protection as British ships registered in
England ; apparently admitting that the Act had not, strictly
speaking, the force of an Imperial Act, and this view was
clearly expressed by Edwards J. If this were the case, then
it is clear that the provisions of the New Zealand Act could
not possibly be invalid, as there was nothing to which they
could be repugnant except the law of another Colony. But
as a matter of fact, the Court appears to have overlooked
the fact that by s. 264 of the Imperial Merchant Shipping
Act of 1894 the same effect as that of the Imperial Act itself
is given to Acts passed by Legislatures of British Possessions
which apply to British ships registered at, trading with, or
being at another port in that possession, any provisions of
part ii of the Merchant Shipping Act of 1894 which would
not otherwise apply.
The Victoria Parliament by Act No. 1557 applied mutatis
mutandis to ships registered in Victoria the provisions of
part ii of that Act including s. 166, and it would appear
therefore that as a result there is imported into the Imperial
Act a provision to the effect that if a seaman is engaged for
d Voyage terminating in Victoria he shall not be entitled
to sue abroad for his wages. There does not therefore
Appear to be any substantial difference between the case of
vessels registered in the United Kingdom and vessels regis-
tered in a Colony, if that Colony has adopted under s. 264
the provisions of s. 166 of the Act of 1894,
It may also be noted that the Court did not discuss the