take charge of the same and to enforce the provisions of this Order in Council; and any officer seizing or detaining any ship under this Order in Council may use force, if necessary, for the purpose of enforcing seizure or detention, and if any person is killed or maimed by reason of his resisting such officer in the execution of his duties, or any person acting under his orders, such officer so seizing or detaining the ship, or other person, shall be freely and fully indemnified as well against the Queen's Majesty, her heirs and successors, as against all persons so killed, maimed, or hurt.

Special Power of the High Commissioner to detain Ship.

24. If the High Commissioner is satisfied that there is a reasonable and probable cause for believing that a ship within Cyprus, or the ports or waters of Cyprus, has been or is being built, commissioned, or equipped contrary to this Act, and is about to be taken beyond the limits of such ports or waters, or that a ship is about to be despatched contrary to this Order in Council, he shall have power to issue a warrant, stating that there is reasonable and probable cause for believing as aforesaid, and upon such warrant the Local Authority shall have power to seize and search such ship, and to detain the same until it has been either condemned or released by process of law, or in manner hereinafter mentioned.

The owner of the ship so detained, or his agent, may apply to the Court for its release, and the Court shall, as soon as possible, put the matter of such seizure and detention in course of trial between the applicant and the Crown as represented by the High Commissioner.

If the applicant establish to the satisfaction of the Court that the ship was not, and is not being built, commissioned, or equipped, or intended to be despatched contrary to this Order in Council, the ship shall be released and restored.

If the applicant fail to establish to the satisfaction of the Court that the ship was not, and is not being built, commissioned, or equipped or intended to be despatched contrary to this Order in Council, then the ship shall be detained till released by order of the High Commissioner.

The Court may, in cases where no proceedings are pending for its condemnation, release any ship detained under this section, on the owner giving security to the satisfaction of the Court that the ship shall not be employed contrary to this Order in Council, notwithstanding that the applicant may have failed to establish to the satisfaction of the Court that the ship was not, and is not being built, commissioned, or intended to be despatched contrary to this Order in Council. The High Commissioner may likewise release any ship detained under this section, on the owner giving security to his satisfaction that the

ship shall not be employed contrary to this Order in Council, or may release the ship without such security if he think fit so to release the same.

If the Court be of opinion that there was not reasonable and probable cause for the detention, and if no such cause appear in the course of the proceedings, the Court shall have power to declare that the owner is to be indemnified by the payment of costs and damages in respect of the detention, the amount thereof to be assessed by the Court, and any amount so assessed shall be payable by the proper financial officer of the Government of Cyprus out of any moneys legally applicable for that purpose. The Court shall also have power to make a like order for the indemnity of the owner on the application of such owner to the Court in a summary way, in cases where the ship is released by the order of the High Commissioner before any application is made by the owner or his agent to the Court for such release. Nothing in this section contained shall affect any proceedings instituted, or to be instituted, for the condemnation of any ship detained under this section, where such ship is liable to forfeiture, subject to the provision that if such ship is restored in pursuance of this section, all proceedings for such condemnation shall be stayed; and where this Court declares that the owner is to be indemnified by the payment of costs and damages for the detainer, all costs, charges, and expenses incurred by such owner in or about any proceedings for the condemnation of such ship shall be added to the costs and damages payable to him in respect to the detention of the ship.

Nothing in this section contained shall apply to any noncommissioned non-British ship about to be despatched from any of the ports or waters of Cyprus, after having come within the same under stress of weather, or in the course of a peaceful voyage, and upon which ship no fitting out or equipping of a warlike character has taken place in the Island of Cyprus, its ports or waters.

Special Power of Local Authority to detain Ship.

25. Where it is represented to any Local Authority, as defined by this Order in Council, and such Local Authority believes the representation, that there is reasonable and probable cause for believing that a ship within Cyprus, or the ports or waters of Cyprus, has been or is being built, commis sioned, or equipped contrary to this Order in Council, and is about to be taken beyond the limits of such ports or waters, or that a ship is about to be despatched contrary to this Order in Council, it shall be the duty of such Local Authority to detain such ship and forthwith to communicate the fact of such detention to the High Commissioner.

Upon the receipt of such communication the High Commissioner may order the ship to be released if he thinks there is no cause for detaining her, but if satisfied that there is reasonable and probable cause for believing that such ship was built, commissioned, or equipped, or intended to be despatched in contravention of this Order in Council, he shall issue his warrant, stating that there is reasonable and probable cause for believing as aforesaid, and upon such warrant being issued, further proceedings shall be had as in cases where the seizure or detention has taken place on a warrant issued by the High Commissioner without any communication from the Local Authority.

Where the High Commissioner orders the ship to be released on the receipt of a communication from the Local Authority without issuing his warrant, the owner of the ship shall be indemnified by the payment of costs and damages in respect of the detention upon application to the Court in a summary way, in like manner as he is entitled to be indemnified where the High Commissioner having issued his warrant under this Order in Council releases the ship before any application is made by the owner or his agent to the Court for such release.

Power of High Commissioner to grant Search Warrant.

26. The High Commissioner may by warrant empower any person to enter any dockyard or other place within the Island of Cyprus, its ports or waters, and inquire as to the destination of any ship which may appear to him to be intended to be employed in the naval or military service of any State at war with a friendly State, and to search such ship.

Appeals.

27. An appeal may be had from any decision of the Court under this Order in Council to the same tribunal, and in the same manner to and in which an appeal may be had in cases within the ordinary jurisdiction of the Court.

Indemnity to Officers.

28. Subject to the provisions of this Order in Council, providing for the award of damages in certain cases in respect of the seizure or detention of a ship, no damages shall be payable, and no officer or Local Authority shall be responsible, either civilly or criminally, in respect of the seizure or detention of any ship in pursuance of this Order in Council.

Indemnity to High Commissioner.

29. The High Commissioner shall not be responsible in any action or other legal proceedings whatsoever for any warrant issued by him in pursuance of this Order in Conncil, or be examinable as a witness except at his own request in any Court

of Justice in respect of the circumstances which led to the issue. of the warrant.

INTERPRETATION CLAUSE.

Interpretation of Terms.

30. In this Order in Council, if not inconsistent with the context, the following terms have the meanings hereinafter respectively assigned to them: that is to say—

"State."

"State" includes any country, Colony, province, or part of any province other than Cyprus, and not forming part of the British dominions, and any person or persons exercising or assuming to exercise powers of government in or over any country, Colony, province, or part of any province other than Cyprus, and not forming part of the British dominions, or over any people not being Her Majesty's subjects:

"Military Service."

"Military Service" shall include military telegraphy and any other employment whatever, in or in connection with any military operation:

"Naval Service."

"Naval Service" shall as respects a person include service as a marine, employment as a pilot in piloting or directing the course of a ship-of-war, or other ship when such ship-of-war or other ship is being used in any military or naval operation, and any employment whatever on board a ship-of-war, transport, store-ship, privateer or ship under letters of marque, and as respects a ship include any user of a ship as a transport, storeship, privateer, or ship under letters of marque:

"High Commissioner."

"The High Commissioner" shall include any Officer for the time being lawfully administering the Government of Cyprus: "Court."

"Court" shall mean Her Majesty's High Court of Justice for Cyprus:

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"Ship."

Ship" shall include any description of boat, vessel, floating battery or floating craft, also any description of boat, vessel, or other craft or battery made to move either on the surface of, or under water, or sometimes on the surface of and sometimes under water:

"Building."

"Building" in relation to a ship shall include the doing any

act towards or incidental to the construction of a ship, and all words having relation to building shall be construed accordingly:

"Equipping" in relation to a ship shall include the furnishing a ship with any tackle, apparel, furniture, provisions, arms, munitions, or stores, or any other thing which is used in or about a ship for the purpose of fitting or adapting her for the sea or for naval service, and all words relating to equipment shall be construed accordingly :

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Ship and equipment" shall include a ship and anything in or belonging to a ship:

"Master."

"Master" shall include any person having the charge or command of a ship:

"Ports or Waters of Cyprus."

"The ports or waters of Cyprus" shall include all ports, harbours, roadsteads, anchorages, quarantine grounds, estuaries, creeks, bays, and waters within a limit of three marine miles round the Island of Cyprus.

SAVING AS TO COMMISSIONED SHIPS.

31. Nothing in this Order in Council contained shall subject to forfeiture any commissioned ship of any State or give to the Court over or in respect of any ship entitled to recognition as a commissioned ship of a State any jurisdiction which it would not have had if this Order in Council had not passed.

And the Right Honourable the Earl of Kimberley, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

C. L. PEEL.

BRITISH ORDER IN COUNCIL, providing for Extradition to and from Cyprus. Windsor, July 15, 1881.

At the Court at Windsor, the 15th day of July, 1881. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS, by Treaty, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction in and over Cyprus: