CO885-(11-13) — Page 589

9685.

PUBLIC RECORD OFFICE

Reference :-

TELCO.

885

12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO!

MY LORD,

No. 296.

(CYPRUS.)

LAW OFFICERS to COLONIAL OFFICE.

WE were honoured with your Lordship's commands signified in Mr. Wingfield's

Royal Courts of Justice, 6th June 1883. letter of the the 3rd ultimo, stating that he was directed by your Lordship to acknowledge the receipt of our Report of the 10th April, and stating that your Lordship's view of the question had been that it was of importance, as a matter of good government, that all persons in the island should be enabled to obtain a decision of a local court of justice upon all claims of whatsoever nature, usually cognisable in a court of law, and that it would not conduce to the peace or good order of the island if the parties to a salvage case were denied access to the Cyprus courts for the settlement of their mutual rights and liabilities.

If, however, we should continue to be of opinion that the proposed legislation was not strictly within the competency of the Cyprus council as now constituted, your Lordship would be glad to know whether, by a further Order in Council, or in what other manner, jurisdiction in salvage cases arising wholly or partly outside the waters of Cyprus could be conferred on the courts of the island.

That Mr. Wingfield was to observe that the words “ and good government" of the island, quoted in the last paragraph of our letter, were necessary to the peace, order. those almost (if not quite) invariably used in enactments or instrumenta delegating legislative authority. That they were, for instance, the words by virtue of which the Parliament of Canada had the very comprehensive power of legislating conferred by the British North America Act, 1867; and the same words were used in the Acts and Letters Patent constituting and empowering the other Colonial legislatures. That your Lordship, therefore, thought it would be preferable not to inquire, unless absolutely necessary in any particular case, whether proposed legislation fell within the more strict application of those words.

That the papers forwarded with the letter from the Colonial Office of the 30th March' were returned for convenience of reference.

In obedience to your Lordship's commands we have the honour to

Report

That the proposed clause does not define what law is to regulate the claims relating to salvage with which it deals. This branch of law is, in this country, administered by the Court of Admiralty, in part according to its ancient inherent jurisdiction and in part pursuant to statutory provisions. There is, at common law, no right to salvage properly so called, and the ordinary courts of this country have not entertained such claims. We presume the intention is to confer upon the Supreme Court of Cyprus the jurisdiction in relation to these cases which is possessed by the Admiralty Court in this country, and to make it in effect to that extent a Vice Admiralty Court. We believe that all the Vice-Admiralty Courts existing in our several Colonies have been created by Imperial authority, and that even when the Colonies possess independent legislatures it has never been admitted that under the power to enact laws for the peace, order, and good government" of the Colony they have power to create such

66

courts.

The jurisdiction of the Court of Admiralty in salvage cases is indeed said to have its origin in, and to be an exercise of, the prerogative of, the Crown. We think, therefore, that, giving full effect to the power which has been vested in the Legislative Council, it is not within its competency to confer the jurisdiction sought to be conferred by the proposed clause.

If the jurisdiction is to be given at all, we think it should be done directly by the act of the Crown by Order in Council. And we would suggest that, in that case, the nature and extent of the jurisdiction, and the-law by which it is to be regulated, should be better defined.

A 1291-1, 25-12/84.