1356 THE JUDICIARY [PARI V
a foreign country, if they are on navigable rivers,! and even
in respect of foreigners whether on the high seas? or on
a navigable river.? The jurisdiction did not by common law
extend over a foreigner in a foreign ship in territorial waters,
according to the famous decision in Reg. v. Keyn,* but this
limitation was abolished by the Territorial Waters Jurisdiction
det, 1878 (41 & 42 Vict. ¢. 73), which allows the offences to
be punished as an offence within the jurisdiction of the
Admiral, but the consent of the Governor of a Colony is
necessary for a prosecution. It is doubtful if the provisions of
this Act are essential for the Colonies, as the Act is in part
declaratory, and in any case the judgement of the Central
Criminal Court is not binding on Colonial Courts.
Further jurisdiction on Colonial Courts is conferred by
the Army Act, 1881 (ss. 154 and 168), the Coinage Offences
(Colonial) Act, 1851, the Coinage Act, 1870, the Official Secrets
Act, 1911, the Pacific Islanders Protection Acts, 1872 and 1875,
the Foreign Enlistment Act, 1870, the Acts respecting treason
(35 Hen. VIII. c. 2; 36 Geo. IIL. c. 7; 11 Vict. ¢. 12), the Extra-
dition Acts, 1870 and 1873, which empower the Legislatures
of the Dominions to create Courts for the hearing of such
cases from which Courts appeals lie in the usual manner, the
Fugitive Offenders Act, 1881, the Slave Trade Acts, the Act to
enforce the Behring Sea award, 1894, and other Imperial
Acts.b
! Reg. v. Anderson, 1 C. C. 161; Reg. v. Carr, 10 Q. B. D. 76; Reg. v
Armstrong, 13 Cox, C. C. 185.
* Reg. v. Lopez, Reg. v. Sattler, 27 L. J. M. C. 48.
* Reg. v. Anderson, 1 C. C, 161.
*2Ex, D. 63; 46 L. J. M. C. 17.
® See s. 5 of the Act. Contra, Ilbert in Jenkyns's British Rule and
Jurisdiction, p. 12, n. 2. Dutch and other foreign vessels have been
seized and condemned for fishing and other offences in territorial waters
in Australia without invoking the terms of the Act. See also RB. v. Kahi-
taska, 8 W. A. L. R. 154, which discusses the question of Admiralty juris-
diction in territorial waters ; RB. v. Cunningham Bell, C. C. 72.
* For such Acts cf. above, Part V, chap. xii.
