We have dealt elsewhere with some of the curious Consti-
tutional aspects of General Botha's action, but may point out here that some very interesting points of private law also arise. What is the position of the officers and crew of the steamer Umgeni ' and of the company which owns her P It seems to us thatprimdfacie they are guilty of false imprison- ment, for in an illegal act it is useless to plead the orders of an Executive Government if those orders are illegal. No doubt the Act of Indemnity will completely clear the owners and officers of their illegal action—i.e., in the false imprisonment of the deported men—as far as the jurisdiction of the South African Courts will carry. As long as they are within that juris- diction no one will be able to challenge their action before a South African Court; or if they are challenged they will have a complete answer. But how about the crime of false imprisonment upon the high seas P We are not learned enough in the questions of Admiralty jarisdic- tion to decide or even to guess upon such a point, but clearly it is one which will have to be considered.
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