ACCOMPLICE.-Corroboration of-Failure of
accused to reply to charge.-The appellant
was charged with having incited certain
boys to steal fodder. At the trial the boys
gave evidence, and a police officer stated
that after the boys' arrest he called at the
appellant's house; that he then told the
appellant that the boys had given informa-
tion to the police that the appellant had
sent them to steal the fodder, that they
had stolen fodder for the appellant on
other specified dates, and had been paid
certain sums for the fodder by the appel-
lant. The appellant made no reply to the
statement made by the police officer.
Held, that the deputy chairman was right
in directing the jury that they were entitled
under the circumstances to consider
whether or not the silence of the appellant
was some corroboration of the evidence
given by the boys. (Rex v. Feigenbaum.
Jan. 13, 1919. Ct. Crim. App.) 387.

ADULTERATION. See "Food and Drugs."
AGRICULTURE.-Wages-Workmen employed
in "agriculture' -Milkmaids-Corn Pro-
duction Act, 1917 (7 & 8 Geo. 5, c. 46),
ss. 4 (1), 17 (1).—The respondent em-
ployed three women at his farmhouse
for part time every day solely for milking
his cows, and, if part 2 of the Corn Pro-
duction Act, 1917, applied to the women,
their wages were less than the minimum
rate applicable to female workers in agri-
culture. Informations were preferred
against the respondent under sect. 4 (1)
of the Corn Production Act, 1917, for
paying less than the minimum rate of
wages to workmen employed by him
in agriculture. By sect. 17 (1) of the
Act, For the purposes of this Act (a)
the expression agriculture' includes the
use of land as grazing, meadow, or pasture
land, or orchard, or osier land, or wood-
land, or for market gardens or nursery
grounds, and the expression agricultural'
shall be construed accordingly; and

(c) the expression workmen'
includes boys, women, and girls. .

ALIEN.—Naturalisation-Grant of certificate
of naturalisation in British dominions—
Effect of certificate-Status of naturalised
person in Great Britain-Commonwealth of
Australia Constitution Act, 1900 (63 & 64
Vict. c. 12)-Australian Naturalisation Act,
1903-Aliens Restriction Act, 1914 (4 & 5
Geo. 5, c. 12), s. 1, sub-s. 4-Registration
of aliens Aliens Restriction (Consolidation)
Order, 1916, s. 19.-By the Commonwealth
of Australia Constitution Act, 1900, the
Parliament of the Commonwealth is
empowered to make laws for the peace,
order, and good government of the
Commonwealth with respect, inter alia,
to naturalisation and aliens. Acting under
these powers, the Parliament of Australia
passed the Naturalisation Act, 1903, for
the granting of certificates of naturalisation
to aliens under certain conditions, and by
sect. 8 of the Act it is provided that "a
person to whom a certificate of naturalisa-
tion is granted shall in the Commonwealth
be entitled to all political and other rights,
powers, and privileges, and be subject to
all obligations to which a natural-born
British subject is entitled or subject in
the Commonwealth. Provided that where
by any provision of the Constitution or
of any Act or State Constitution or Act
a distinction is made between the rights,
powers, or privileges of natural-born
British subjects and those of persons
naturalised in the Commonwealth or in a
State, the rights, powers, and privileges
conferred by this section shall for the pur-
poses of that provision be only those (if
any) to which persons so naturalised are
therein expressed to be entitled." M.,
a German by birth, settled in Australia in

66

Act, 1919 (9 & 10 Geo. 5, c. 92), s. 1 (1)—|
Aliens Order, 1920, art. 12.-The applicant,
a Russian Jew, who had come to England
in 1907, pleaded guilty before a metro-
politan magistrate to charges of assaulting
the police, failing to notify his change of
residence, failing to have an identity book
duly filled up, and failing to notify a change
of his business address, and was sentenced
to fourteen days' imprisonment, and the
magistrate gave a certificate recommending
him for deportation. On the expiration of
the fourteen days' imprisonment, the Home
Secretary made an order for applicant's
deportation and for his detention in custody
until he should be deported, and the appli-
cant then obtained a rule nisi for a writ of
habeas corpus directed to the governor of
the prison on the grounds that the order of
the Home Secretary was ultra vires, and
that it was a misuse of his powers. By
sect. 1 (1) of the Aliens Restriction Act,
1914: His Majesty may at any time when
a state of war exists between His Majesty
and any foreign power, or when it appears
that an occasion of imminent national
danger or great emergency has arisen, by
Order in Council impose restrictions on
aliens, and provision may be made by the
order
(c) for the deportation of
aliens from the United Kingdom, and
(k) for any other matters which
appear necessary or expedient with a view
to the safety of the realm." By sect. 1 (1)
of the Aliens Restriction (Amendment)
Act, 1919, which was passed on the 23rd
day of December, 1919: "The powers
which under sub-sect. 1 of sect. 1 of the
Aliens Restriction Act, 1914, are exercis-
able with respect to aliens at any time
when a state of war exists between His
Majesty and any foreign Power, or when it
appears that an occasion of imminent
national danger or great emergency has
arisen, shall for a period of one year after
the passing of this Act, be exercisable, not
only in those circumstances, but at any
time.
By art. 12 of the Aliens
Order, 1910: "(1) The Secretary of State
may, if he thinks fit, in any of the cases
mentioned in this article, make an order
requiring an alien to leave and to
remain thereafter out of the United
Kingdom. . . . (4) An alien with
respect to whom a deportation order is
made, or a certificate is given by a court
with a view to the making of a deportation
order, may be detained in such manner
as may be directed by the Secretary
of State, and may be placed on a ship
about to leave the United Kingdom,|

and shall be deemed to be in legal custody
whilst so detained, and until the ship
finally leaves the United Kingdom.
(6) A deportation order may be made in
any of the following cases.
(a)

.

If any court certifies to the Secretary of
State that the alien has been convicted
either by that court, or by any inferior
court from which the case of the alien has
been referred for sentence, or brought by
way of appeal, of any of the offences
specified in the third schedule to this order,
and that the court recommends that a
deportation order should be made in his
case either in addition to or in lieu of
sentence; or
(c) If the Secretary
of State deems it to be conducive to the
public good to make a deportation order
against the alien." Held, that the powers
conferred by the earlier paragraphs of
sect. 1 (1) of the Act of 1914, as amended
by sect. 1 (1) of the Act of 1919, were not
limited by par. (k) of the former sub-section
to cases where their exercise appeared
necessary or expedient with a view to the
safety of the realm," and that, although the
court did not know why the Home Secre-
tary had thought it necessary to make the
order for deportation, yet, as he was
entitled to exercise his discretion, and had
done so in a lawful manner, the rule must
be discharged. (Rex v. Governor of Brixton
Prison; Ex parte Bloom. Dec. 1 and 2,
1920. K. B. Div.) 687.

66

was

-Registration - Offence-Conviction-
Appeal-Deportation order-Whether part
of penalty Admission of truth of informa-
tion Statement by defendant that he was
an Egyptian-Whether admission that he
was an alien-Metropolitan Police Courts
Act, 1839 (2 & 3 Vict. c. 71), s. 50—
Summary Jurisdiction Act, 1879 (42 & 43
Vict. c. 49), 8. 19-Criminal Justice
Administration Act, 1914 (4 & 5 Geo. 5,
c. 58), s. 37 (1)—Aliens Order, 1920,
art. 6 (1) (c). The applicant
charged under art. 6 (1) (c) of the Aliens
Order, 1920, before a metropolitan magis-
trate for that being an alien he had failed
to notify to the registration officer an
intended change of residence. At the
hearing he admitted that he was
Egyptian, and that he had not notified
his intended change of residence. The
magistrate sentenced the applicant to
a month's imprisonment and recommended
him for deportation. The applicant gave
notice of appeal to quarter sessions against
the conviction, but the magistrate declined
to take the recognisances of the applicant

an