Lord Macmillan.-

On 10th June 1929 the schooner “Dorothy M. Smart” sailed for “the high seas” from the French island of St. Pierre with a cargo on board of rum and other liquors, which are dutiable under Canadian law. The vessel was registered in Nova Scotia and with her cargo was the property of the respondent, who is resident in Nova Scotia. On 13th June 1929 the schooner, when at a distance of 11½ miles from the coast of Nova Scotia, was boarded by the appellant, an officer in the Customs service of the Canadian Government. The cargo having been found to consist of dutiable goods, the vessel and cargo were seized and taken into port.

The validity of the seizure, which was effected in pursuance of powers conferred by the Customs Act of Canada, Revised Statutes of Canada 1927, c. 42, as amended by 18 and 19 Geo. 5, c. 16, is challenged in the present proceedings on the broad ground that the Parliament of the Dominion in conferring the powers in question exceeded its legislative competence. The enactments impugned are contained in Ss. 151 and 207 of the statute as amended. S. 151 provides as follows:

“(1) If any vessel is hovering in territorial waters of Canada any officer may go on