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Lloyd's Law Reports

DUNPHY v. CROFT.

(1932) 43 Ll L Rep 435

JUDICIAL COMMITTEEOF THE PRIVY COUNCIL.

Before Lord Tomlin, Lord Thankerton, Lord Macmillan, Lord Wright and Sir George Lowndes.

Canada-Dominion Parliament-Extraterritorial jurisdiction-British North America Act, 1867-Customs Act of Canada, Revised Statutes, 1927, cap. 42, Sect. 151, as amended by 18 & 19 Geo. 5, cap. 16: "If any vessel is hovering in territorial waters of Canada, any officer may go on board such vessel and examine her cargo and may also examine the master or person in command upon oath touching the cargo and voyage and may bring the vessel into port . . . 'Territorial waters of Canada' shall mean the waters forming part of the territory of the Dominion of Canada and the waters adjacent to the Dominion within three marine miles thereof, in the case of any vessel, and within 12 marine miles thereof, in the case of any vessel registered in Canada"-Seizure by Customs officer (appellant) of respondent's vessel 1112 miles off Canadian coast-Validity of seizure-Held, that such legislation was within the legislative competence of the Dominion Parliament and that the seizure was therefore valid.

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