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.Y 40
3.
In a case tried here in 1904 the Court held that there was no power to convict persons for conspiring here to evade the Immigration Laws of Australia and the Chief Justice gave
-168
as his opinion that no indictment would lie for the cons-. -piracy to defraud the steamship company as there was no intention to evade payment of the fares, but I am of opinion that had proceedings been taken at Common Law for conspir- -ing to commit a crime made punishable by section 78 of Ordinance 5 of 1865 they would have been successful. That section makes a person guilty of felony "who falsely and deceitfully personates any person with intent fraudulently to obtain any.......chattel".
Now it is clear that those who purchase the naturaliza- -tion papers of others "falsely and deceitfully personate with intent fraudulently to obtain" a passage ticket which would not otherwise be granted, for presumably a steamship company would not grant a passage ticket to any person if they knew or believed that he was not possessed of genuine naturalization papers, as such person if detected would be refused admission to Australia and the steamship company would at least run the risk of having to bring him back to his port of embarkation, and would presumably also get into trouble with the Australian Authorities, I have no direct
knowledge of the Australian statutes.
-
The brokers could have been indicted either as accesso- -ries before the fact to the felony or, as I have pointed out for conspiring to commit a crime punishable by law B distinct offence from conspiring to cheat and deffaud, the appropriate charge in the case of stowaways as I have al- -ready stated.
4.
We have therefore, it is submitted, sufficient machinery both in the case of stowaways and in that of personation and aiding and abetting in the orine, for dealing with the offence involved in the primary object of the resolution“, but to place the matter beyond doubt I submit a short bill to
amand