extends so far as the subordinate officers are concerned, and that the Governor-General, and not the Governor of Victoria, must sign the warrant for a fugitive's return. If the view I have stated is correct, the law of Victoria remains exactly the same as it was, and the power of the Governor of Victoria is exactly as it was before the establishment of the Commonwealth": 4 C.L.R., at pp. 278-280.

EXTRADITION ACT 1903.

This Commonwealth Act deals with extradition from the Commonwealth to foreign States, and from foreign States to the Commonwealth.

Extradition from the Commonwealth.

The Imperial Extradition Act 1870, section 18 provides that the King may by Order in Council direct that the law of a British possession, for carrying into effect the surrender of fugitive criminals in the possession, shall have effect in the possession, with or without modification, as if it were part of the Imperial Act.

The Commonwealth Act does what is necessary by providing that the functions vested by the Imperial Act in a Secretary of State are in the Commonwealth exercisable by the Governor-General or his deputy, and that the functions vested by the Imperial Act in a police magistrate or justice of the peace are in the Commonwealth exerciseable by any stipendiary or police or special magistrate of the Commonwealth or a State, or any magistrate of a State specially authorized by the Governor-General.

The King has, by Order in Council, published in the Commonwealth Gazette of 17th July, 1904, directed that this Act shall have effect in the Commonwealth as if it were part of the Imperial Act; and the Governor-General has appointed the Governors of the several States or his deputies to exercise, in their respective States, his functions under the Act.

Extradition from Foreign States.

It is provided that requisitions to a foreign State, to which the Imperial Act applies, for the surrender of a criminal, may be made by the Commonwealth Attorney-General to a consular officer of that State in the Commonwealth, or to any Minister of that State through the British Ambassador in that State, or in such other mode as is settled by arrangement; and that a fugitive surrendered by a foreign State may be brought into the Commonwealth and

delivered to the proper authorities to be dealt with according to law. These provisions follow Canadian legislation: Rev. Stat. c. 142.

HIGH COMMISSIONER ACT 1909.

This Act created the position of the High Commissioner of the Commonwealth in the United Kingdom. The High Commissioner holds office, subject to the Act, for a period not exceeding five years from the date of appointment, and is eligible for re-appointment. He may at any time be removed from office by the Governor-General for misbehaviour or incapacity, or upon a joint address of both Houses of the Parliament. The salary of the High Commissioner is to be £3,000 a year, together with the expenses, not exceeding £2,000 a year, of an official residence, and such sums for travelling expenses as the Minister allows.

The Governor-General may, subject to the Commonwealth Public Service Act 1902, appoint officers for the performance of any duties required in the execution of the Act. The High Commissioner may make temporary appointments of officers, to last not longer than six months from the date of appointment, unless the Governor-General in the meantime confirms the appointment.

In December 1909, Sir GEORGE HOUSTOUN REID, G.C.M.G., was appointed the first High Commissioner.

P.C.,

51. (xxx.) The relations of the Commonwealth with the islands80 of the Pacific:

§ 80. "ISLANDS OF THE PACIFIC."

LEGISLATION.

PACIFIC ISLANDS LABOURERS ACT 1901-1906.

By this Act no Pacific Island labourer was allowed to enter Australia on or after 31st March 1904; and before that date no Pacific Island labourer could enter Australia except under a licence. Any Pacific Island labourer who was not employed under an agreement of service made under the Queensland Pacific Island Labourers Act 1880-1892 was to be deported; and no agreement was to be made or to remain in force after 31st December 1906. Provision was made for granting certificates of exemption to Pacific Islanders on the ground of long residence in Australia and certain other specified grounds.

Deportation,

The power conferred by the Pacific Island Labourers Act 1906, to deport kanakas not employed under an agreement, was upheld in Robtelmes v. Brenan, (1906) 4 C.L.R., 395. See note on Naturalization and Aliens," supra, p. 486.

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51. (XXXI.) The acquisitions of property on just terms from any State or person for any

purpose in respect of which the Parliament has power to make laws:

$81. "ACQUISITION OF PROPERTY."

LEGISLATION.

LANDS ACQUISITION ACT 1906.

This Act repeals the Property for Public Purposes Acquisition Act 1901, and re-enacts its provisions with modifications. It empowers the Commonwealth to acquire land for public purposes, from any State or person, by agreement with the owner or by compulsory process. For the purposes of acquisition by agreement, provision is made to enable title to be given by persons under disability or having a limited ownership. Compulsory acquisition is effected by a notification of acquisition made by the GovernorGeneral in Council and published in the Gazette. The effect of the notification is to vest the estate of the owner, and in the case of Crown land the title of the State, in the Commonwealth, and to convert the rights of the owner into a claim for compensation. Provision is made for the assessment and payment of compensation to owners and encumbrancers, for the disposal by the Commonwealth of superfluous land.

PATENTS ACT 1903-1909.

By section 92 of this Act the Crown may use any invention in connection with the public service, on such terms as may be agreed to or settled by arbitration. The Governor-General may, if authorized by the resolution of both Houses, declare that a patent has been acquired by the Government of the Commonwealth. The The Government is under an obligation to pay to a patentee such compensation as may be agreed to or settled by arbitration.

The Commonwealth has acquired private and State lands by the exercise of authority conferred in the following Acts :

Seat of Government Act 1908, section 6.

Seat of Government Acceptance Act 1909, section 10.
Kalgoorlie to Port Augusta Railway Act 1911-1912, section 19.

Purchase Telephone Lines Acquisition Act 1911.
Lighthouses Act 1911-1915, sections 5, 6.
Defence Lands Purchase Act 1913.

Commonwealth Railways Act 1917, section 63.

State Stamp Tax on Federal Transfers.

"The acquisition of land includes obtaining a title to the land in accordance with the laws of the State. It follows that the conveyance by the vendor in the case of agreement, or the notification in the Gazette in other cases, is a necessary instrumentality for the acquisition of the land. It has been held that the taxation by a State of such an instrumentality falls within the rule laid down in D'Emden v. Peddar." Per GRIFFITH, C.J. in The Commonwealth v. New South Wales, (1906) 3 C.L.R., at p. 814. See also, observations of BARTON and O'CONNOR, JJ., to the same effect, ib. at pp. 817, 822.

The Nature of Commonwealth Title.

Lands acquired by the Commonwealth under this Act, vest in the Commonwealth as a corporation, but the Act does not expressly define the nature of the title or interest or dominion in the land so vested. Several sections of the Act seem to indicate that an estate in fee simple is the greatest estate, title or interest so vested. Others would seem to imply that the Commonwealth acquired absolute sovereignty in the land so vested. There are sections in the Act which seem to indicate that upon the acquisition of Crown lands the Commonwealth acquires more than an estate in fee simple. Thus section 17 provides that the estate and interest of every person entitled to the land in the notification and the title of the State to any Crown lands specified in the notification, shall be taken to be converted into a claim for compensation. It could be argued that the title of state could in this connection be held to include the absolute ownership or sovereignity or political dominion of the land. The possibility of vesting in the Commonwealth the sovereignity and dominion of the land acquired by the Commonwealth is supported by the Constitution, section 52 (1) which provides that the

Commonwealth shall have exclusive legislative power with respect. to the seat of Government of the Commonwealth and all places acquired by the Commonwealth for public purposes.

In the United States of America it has been held that when the Federal Government acquires legislative authority over land in any State such power carries with it exclusive jurisdiction and the land ceases wholly to be within the legislative power of a State; that it ceases to be part of the State and that offences committed within the acquired territory can only be punished under and by the authority of Federal law: Commonwealth v. Clary, 3 -Mass., 721; United States v. Cornell, 2 Mason, 60; Fort Leavenworth R. R. Co. v. Lowe, 114 U.S., 525.

51. (XXXII) The control of railways82 with respect to transport for the naval and military purposes of the Commonwealth :

§ 82." CONTROL OF RAILWAYS."

LEGISLATION.

The Defence Act 1903-1912 contains provisions referable to this head. The Governor-General may, in time of war, authorize any officer to assume control of any railway for transport for naval or military purpose (section 64). State railways and tramways are required to carry troops and equipment as directed by the GovernorGeneral or by regulation, and to provide all necessary engines and rolling stock (section 65); and to convey members of the Defence Force, on production of a pass signed by a commanding officer, for the purpose of attending musters, parades, and rifle practices, and returning therefrom (section 66). Reasonable compensation for the cost of these services may be provided for by regulation (section 124).

In the Railway Employees' Case, (1906) 3 C.L.R., at p. 545, the Chief Justice (Sir SAMUEL GRIFFITH), delivering the judgment of the Court, said :

The word control' as used in (XXXII.) cannot, we think, be limited to manual or physical control. It is the widest possible term, and at least co-extensive with the asserted general power to "regulate." "