FIRST SCHEDULE. 1. Section 7.-(1.) In time of war, whether actual or imminent, or of great national emergency, the Governor may, by order, regulate or prohibit, either absolutely or subject to such conditions as may be contained in the order, the navigation of all or any descriptions of aircraft over the colony or any portion thereof, or the territorial waters adjacent thereto; and, without prejudice to the generality of this provision, any such order may provide for taking possession of and using for the purposes of His Majesty's naval, military or air forces any aerodrome or landing ground, or any aircraft, machinery, plant, material or things found therein or thereon, and for regulating or prohibiting the use, erection, building, maintenance or establishment of any aerodrome, flying school, or landing ground, or any class or description thereof. (2.) The order may provide for the imposition of penalties to secure compliance with the order, not exceeding imprisonment for a term of six months and a fine of £200, and may authorise such steps to be taken in order to secure such compliance as appear to the Governor to be necessary. (3.) Any person who suffers direct injury or loss, owing to the operation of an order of the Governor under this section, shall be entitled to receive compensation from the Governor from such public funds as he may lawfully apply for the purpose, the amount thereof to be fixed, in default of agreement, by an arbitrator to be agreed upon or failing agreement to be appointed by the Chief Justice or other Chief Judicial Officer of the Colony : Provided that no compensation shall be payable by reason of the operation of a general order under this section prohibiting flying in the Colony or any part thereof. (4.) An order under this section may be revoked or varied by a subsequent order made by the Governor. 2. Section 8.-The Governor shall have power to establish and maintain aerodromes (including power to provide and maintain roads and approaches, buildings and other accommodation and apparatus and equipment for such aerodromes) and to acquire land for that purpose by agreement or in accordance with the provisions of the law in force in the Colony relating to the acquisition of land for public purposes. 3. Section 9.-(1.) No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of aircraft over any property at a height above the ground, which, having regard to wind, weather, and all the circumstances of the case, is reasonable, or the ordinary incidents of such flight, so long as the provisions of this Order and any other Order made under the Act and extended to the Colony are duly complied with; but where material damage or loss is caused by an aircraft in flight, taking off, or landing, or by any person in any such aircraft, or by any article falling from any such aircraft, to any person or property on land or water, damages shall be recoverable from the owner of the aircraft in respect of such damage or loss, without proof of negligence or intention or other cause of action, as though the same had been caused by his wilful act, neglect or default, except where the damage or loss was caused by or contributed to by the negligence of the person by whom the same was suffered : Provided that, where any damages recovered from or paid by the owner of an aircraft under this section arose from damage or loss caused solely by the wrongful or negligent action or omission of any person other than the owner or some person in his employment, the owner shall be entitled to recover from that person the amount of such damages, and in any such proceedings against the owner, the owner may, on making such application to the court and on giving such undertaking in costs as may be prescribed by rules of court, join any such person as aforesaid as a defendant, but where such person is not so joined he shall not, in any subsequent proceedings taken against him by the owner, be precluded from disputing the reasonableness of any damages recovered from or paid by the owner. (2.) Where any aircraft has been bona fide demised, let, or hired out for a period exceeding fourteen days to any other person by the owner thereof, and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, this section shall have effect as though for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let, or hired out. 4. Section 10.-(1.) Where an aircraft is flown in such manner as to be the cause of unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft, and also the owner thereof, unless he proves to the satisfaction of the court that the aircraft was so flown without his actual fault or privity, shall be liable on summary conviction to a fine not exceeding £200, or to imprisonment with or without hard labour for a term not exceeding six months, or to both such imprisonment and fine. For the purposes of this section, the expression "owner" in relation to an aircraft includes any person by whom the aircraft is hired at the tune of the offence. (2.) The provisions of this section shall be in addition to and not in derogation of any general safety or other regulations prescribed by Order in Council made under Part I of the Act, and extended to the Colony. 5. Section 11. The law of the Colony relating to wreck and to salvage of life or property, and to the duty of rendering assistance to vessels in distress shall apply to aircraft on or over the sea or tidal waters as it applies to vessels, and the owner of an aircraft shall be entitled to a reasonable reward for salvage services rendered by the aircraft to any property or persons in any case where the owner of a ship would be so entitled : Provided that provision may be made by Order by the Governor with the approval of a Secretary of State for making modifications of and exemptions from the provisions of such law as aforesaid in their application to aircraft to such extent and in such manner as appears necessary or expedient. 6. Section 12.- (1.) The Governor may make regulations providing for the investigation in the Colony of any accident arising out of or in the course of air navigation and occurring in or over the Colony or the territorial waters adjacent thereto, or to British aircraft occurring elsewhere and likely, in the absence of such provision, to remain uninvestigated. (2.) Without prejudice to the generality of the foregoing provision, regulations under this section may contain provisions (a.) Requiring notice to be given of any such accident as aforesaid in such manner and by such persons as may be specified in the Order. (6.) Applying. with or without modification for the purpose of investigations held with respect to any such accidents, any of the provisions of any law in force in the Colony relating to the investigation of deaths or accidents. (c.) Prohibiting, pending investigation. access to or interference with aircraft to which an accident has occurred, and authorising any person, so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with any such aircraft. (d) Authorising the Governor, in regard to cases where it appears to the authority conducting an investigation that a licence or certificate granted under the Act or any Order made thereunder ought to be cancelled, suspended, endorsed or surrendered, to transmit any [CXVI] D 4 recommendation to that effect made by the said authority for such action thereon as the Secretary of State for Air may consider just, and also authorising the Governor, pending the decision of the Secretary of State in any such cases, provisionally to suspend the licence or certificate and providing for the production of any such licence or certificate for the purpose of being so dealt with. Provided that nothing in the section shall limit the powers of any authority under Sections 530 to 537, inclusive, of "The Merchant Shipping Act, 1894,"* or any enactment (including the Act) amending those sections. (3.) If any person contravenes or fails to comply with any regulations under this section, he shall be liable on summary conviction to a fine not exceeding £50, or to imprisonment with or without hard labour for a term not exceeding three months. 7. Section 18.-(1.) This Order shall not apply to aircraft belonging. to or exclusively employed in the service of His Majesty : Provided that His Majesty may, by Order in Council, apply to any such aircraft, with or without modification, any of the provisions of this Order or of any Orders or regulations made under the Act and extended to the Colony. (2.) Nothing in this Order or in any regulations thereunder shall prejudice or affect the rights, powers, or privileges of any general or local lighthouse authority. BRITISH ORDER IN COUNCIL amending the Order in Council of June 24, 1912, regulating Copyright Relations with the Foreign Countries of the Berne Copyright Union, as regards Bulgaria.-London, February 6, 1922.* At the Court at Buckingham Palace, the 6th day of PRESENT: THE KING'S MOST EXCELLENT MAJESTY. WHEREAS His Majesty, by virtue of the authority conferred on him by "The Copyright Act, 1911,'' and having regard to the provisions of the revised Berne Copyright Convention of 1908, was pleased to make an Order in Council, dated the 24th day of June, 1912§ (hereinafter called "the Principal Order "), extending the protection of the said Act to certain classes of works to which protection is guaranteed by the said Convention; And whereas Bulgaria has acceded to the said Convention : Now, therefore, His Majesty, by and with the advice of his Privy Council, and by virtue of the authority conferred upon him by The Copyright Act, 1911," is pleased to order, and it is hereby ordered, as follows: The Principal Order shall extend to Bulgaria as if that country were amongst the foreign countries of the Copyright Union therein named, subject to the following modifications: (a.) The provisions of Article 2, proviso (iii) (a), shall apply as if Bulgaria were included amongst the foreign countries named in those provisions. (b.) In the application of the provisions of Article 3 of the Principal Order to works of which the country of origin. is Bulgaria, the date of this Order shall be substituted for the commencement of the Act and for the commencement of the Principal Order. (c.) In the application to such works of Sections 1 (2) (d) and 19 of "The Copyright Act, 1911," the date of this Order shall be substituted for the commencement of the Act in Sections 19 (7) and 19 (8), wherever that expression occurs, and the 5th day of December, 1921, for the passing of the Act. * 66 'London Gazette." February 10, 1922. + Vol. CIV, page 13. § Vol. CV, page 133. (d.) In the application to such works of the provisions of Section 24 of "The Copyright Act, 1911," the date of this Order shall be substituted for the commencement of the Act wherever that expression occurs in Sub-Section (1) (a), and for the 26th July, 1910, in Sub-Section (1) (b). And the Lords Commissioners of the Treasury are to give the necessary orders accordingly. ALMERIC FITZROY. BRITISH ORDER IN COUNCIL including within the definition of the British Empire for the purposes of Section 8 of "The Finance Act, 1919," the mandated territories of South-West Africa, New Guinea, and Western Samoa.-London, February 6, 1922.* At the Court at Buckingham Palace, the 6th day of PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by Section 8, Sub-Section (1), of " The Finance Act, 1919, it is provided that with a view to conferring a preference in the case of Empire products the duties of Customs on the goods specified in the Second Schedule to that Act shall, on and after the date therein provided for, be charged at preferential rates where the goods are shown to the satisfaction of the Commissioners of Customs and Excise to have been consigned from and grown, produced or manufactured in the British Empire, and that where any territory becomes a territory under His Majesty's protection or is a territory in respect of which a mandate of the League of Nations is exercised by the Government of any part of His Majesty's Dominions, His Majesty may, by Order in Council, direct that that territory shall be included within the definition of the British Empire for the purposes of the said section; And whereas in accordance with the provisions of the Treaty of Versailles mandates of the League of Nations have been conferred upon His Majesty for and on behalf of and are being exercised by the Governments of those parts of His Majesty's Dominions hereinafter appearing in respect of the under-mentioned territories, that is to say: (a.) The South-West Africa territory (formerly German * "London Gazette." February 7, 1922. + Vol. CXII, page 583. |