order that the said Act shall, subject to any conditions, exceptions, and qualifications contained in the Order, apply during the continuance of the Order to British ships whilst on the high

seas:

Now, therefore, His Majesty, in pursuance and exercise of the powers in this behalf by the said Act of Parliament or otherwise in him vested, is pleased, by and with the advice of His Privy Council, to order and it is hereby ordered as follows:

1. "The Wireless Telegraphy Act, 1904," shall apply to British ships whilst on the high seas: Provided that a person on board a British ship which is registered in any British possession (other than the Channel Islands and the Isle of Man) or in any British Protectorate shall not be deemed to commit an offence against "The Wireless Telegraphy Act, 1904," by reason of the installation or working of wireless telegraphy on such ship if the authority in such possession or Protectorate having power by law so to do shall have granted a licence for the installation and working of apparatus for wireless telegraphy on that ship and if such person is acting in accordance with the provisions of such licence.

2.The Interpretation Act, 1889," shall apply for the purpose of the interpretation of this Order as it applies for the purpose of the interpretation of an Act of Parliament.

3. This Order shall be published in the "London Gazette' and shall come into operation immediately from and after the expiration of three months after this Order is so published.

4. This Order may be cited as "The Wireless Telegraphy Order, 1908." A. W. FITZROY.

BRITISH ORDER IN COUNCIL repealing Order in Council of November 2, 1907, applying Section 238 of "The Merchant Shipping Act, 1894," to Roumanian Seamen Deserters.London, February 29, 1908.

At the Court at Buckingham Palace, the 29th day of February, 1908.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by subsection (1) of section 238 of "The Merchant Shipping Act, 1894,"* it is provided that where it appears to His Majesty that due facilities are or will be given by the Government of any foreign country for recovering and appre* Vol. LXXXVI, page 633. G

[1907-8. CI.]

hending seamen who desert from British ships in that country, His Majesty may, by Order in Council stating that such facilities are or will be given, declare that that section shall apply in the case of such foreign country subject to any limitations, conditions, and qualifications contained in the Order;

And whereas it has been made to appear to His Majesty that the Government of His Majesty the King of Roumania will give due facilities for recovering and apprehending seamen who desert from British ships in that country;

And whereas, by Order in Council dated the 2nd day of November, 1907,* His Majesty did order that the provisions of subsection (1) of section 238 of "The Merchant Shipping Act, 1894," subject to the limitations contained in the said Order, should apply to seamen deserting within His Majesty's dominions from merchant-ships belonging to subjects of His Majesty the King of Roumania;

And whereas it is expedient to repeal the said Order in Council of the 2nd November, 1907:

Now, therefore, His Majesty, by virtue of the power vested in him by section 738 of "The Merchant Shipping Act, 1894," and of all other powers in him vested, is pleased to order that the said Order in Council of the 2nd day of November, 1907, shall be repealed, and the same is hereby repealed.

A. W. FITZROY.

BRITISH ORDER IN COUNCIL applying Section 238 of "The Merchant Shipping Act, 1894," in the case of Roumanian Seamen Deserters.-London, February 29, 1908.†

At the Court at Buckingham Palace, the 29th day of February,

1908.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by subsection (1) of section 238 of "The Merchant Shipping Act, 1894," it is provided that where it appears to His Majesty that due facilities are or will be given by the Government of any foreign country for recovering and apprehending seamen who desert from British ships in that country, His Majesty may, by Order in Council stating that such facilities are or will be given, declare that that section shall apply in the case of such foreign country, subject to any limitations, conditions, and qualifications contained in the Order;

* Vol. C, page 123.

"London Gazette," March 3, 1908.

‡ Vol. LXXXVI, page 633.

And whereas it has been made to appear to His Majesty that the Government of His Majesty the King of Roumania will give due facilities for recovering and apprehending seamen who desert from British ships in that country:

Now therefore His Majesty, by virtue of the powers vested in him by the hereinbefore recited subsection (1) of section 238 of "The Merchant Shipping Act, 1894," and by and with the advice of His Privy Council, is pleased to order and declare that, from and after the publication of this Order in the "London Gazette," seamen not being slaves, and not being British subjects, who desert from merchant-ships belonging to subjects of His Majesty the King of Roumania, at any of the following ports or places within His Majesty's dominions, that is to say, the British Islands, British Honduras, Ceylon, Gold Coast, Hong Kong, Leeward Islands, Malta, St. Helena, Seychelles, Sierra Leone, Southern Nigeria, or Straits Settlements, shall be liable to be apprehended and conveyed on board their respective ships, in accordance with the provisions of the section above mentioned.

A. W. FITZROY.

BRITISH ORDER IN COUNCIL amending "The Cyprus Courts of Justice Order, 1882."--London, July 4, 1908.*

At the Court at Buckingham Palace, the 4th day of July, 1908. PRESENT: THE KING'S MOST EXCELLENT MAJESTY.

Master of the Horse.
Earl of Crewe.
Lord Fitzmaurice.
Lord Haversham.
Sir Gerard Lowther.

Mr. Alfred Emmott.
Sir Thomas Whittaker.
Mr. C. G. Milnes Gaskell.
Sir John Edge.

WHEREAS by treaty, grant, usage, sufferance and other lawful means, His Majesty the King has power and jurisdiction, in and over Cyprus;

And whereas Her late Majesty Queen Victoria, on the 30th day of November, 1882, made an Order in Council entitled "The Cyprus Courts of Justice Order, 1882"†;

And whereas His Majesty the King, on the 11th day of August, 1902, made an Order in Council entitled "The Cyprus Courts of Justice Amendment Order, 1902"‡;

And whereas it is expedient to amend the same;

Now, therefore, His Majesty by virtue of the powers in this

"London Gazette," July 10, 1908.

+ Vol. LXXIV, page 972.

Vol. XCV, page 659.

behalf by "The Foreign Jurisdiction Act, 1890," or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered as follows:

Short Title.

1. This Order may be cited as "The Cyprus Courts of Justice Order, 1908," and where not inconsistent therewith shall be read as one with "The Cyprus Courts of Justice Order, 1882," and "The Cyprus Courts of Justice Amendment Order, 1902," and may be cited together with the said Orders as "The Cyprus Courts of Justice Orders, 1882 to 1908."

Substitution of new Clause for Clause 28 of "The Cyprus Courts of Justice Order, 1882."

2. Clause 28 of "The Cyprus Courts of Justice Order, 1882," is hereby revoked but without prejudice to anything lawfully done thereunder and the said Order shall henceforth be construed and take effect as if, instead of the said clause 28, the following clause had been inserted therein :

66

Jurisdiction of Village Judges.

28. (1.) Every Village Judge within his judicial division shall have jurisdiction to hear and determine all Ottoman actions, and, with the consent of all parties thereto but not otherwise, all foreign actions :—

(a.) In respect of any debt, damage, or demand, where the amount of such debt, damage or demand is not more than 57., and the defendant or one of the defendants resides within such judicial division:

Provided that, except as in this Order provided, a Village Judge shall not have power to try any action for the possession of or to restrain interference with immovable property or for pre-emption or for excessive damage or for compensation under the Malicious Injury to Property Law or in respect of water rights or in which the title to immovable property or to any rights, benefit or profits over or out of or in respect of immovable property shall be in question.

(5.) (1) In respect of any claim for the possession of or to restrain interference with any immovable property situated within such judicial division where the value of the property claimed shall not exceed 21.

(2) In respect of any claim for pre-emption of immovable. property situated within such judicial division where the value of the property claimed does not exceed 21.

(3) In respect of any claim for excessive damage to immovable property situated within such judicial division where neither the value of the property damaged nor of any property causing damage exceeds 21.

(4) In respect of the claim of any person for compensation under "The Malicious Injury to Property Law, 1894," or any amendment thereof where the respondent or any respondent to the petition is situated within such judicial division and where the amount of such claim is not more than 21.:

Provided that on the application of the defendant a Village Judge shall refuse to hear any such action as in this section (b) of subclause (1) hereof mentioned if he is satisfied that the title to immovable property of greater value than 21. would be affected by the decision in the action.

(c.) In respect of any claim to restrain interference with the right to use water for the irrigation of immovable property or for any other purpose within such judicial division where the value of immovable property in respect of which the right is claimed or the value of the right claimed shall not exceed 21. :

Provided that a Village Judge shall refuse to hear the action if on the application of the defendant he is satisfied that immovable property or water rights of a greater value than 27. or the title to immovable property or water rights of greater value than 21. would be affected by the decision in the action.

(d.) In respect of any other claim in which the title to any immovable property situated within such judicial division or any rights or benefits over, out of or in respect of such immovable property shall come into question where the value of the immovable property shall not exceed 21. or in case of an easement or servitude (such as a right of way, a right to have a water channel, a right to discharge water) where either the dominant or servient property is situated within such judicial division and neither the value of the immovable property, if any, in respect of which the easement or servitude is claimed nor the value of the property on, through, over or under which such easement or servitude is claimed shall exceed the sum of 21.

(e.) In respect of any claim in which the title to any immovable property or water rights or any rights, benefits or profits over, out of or in respect of immovable property shall come in question incidentally if both parties consent at the hearing that the Judge shall have power to decide the claim which it is the immediate object of the action to enforce.

(f.) In respect of the right of any person to the use in common with others of any immovable property situated within such judicial division dedicated to the common use of the inhabitants of any place or places.

(g.) In respect of any claim for partition of immovable property situated within such judicial division which the defendant alleges to be held in undivided share by himself and any other person or persons (mushterek).

The High Commissioner may at any time and from time to time by order to be published in the "Cyprus Gazette" enlarge the jurisdiction of the Village Judge of any judicial division by directing that the limit of value in this subclause (1) hereof