Transmission of Erazi-i-Mirié by Inheritance.-Erazi-i-Mirié descends to the heirs of its possessor in the following order:

(1) To the children; the children of a deceased child taking their parent's share.

(2) To the grandchildren.

(3) To the parents or parent.

(4) To the brothers by same father, whether by the same or a different mother.

(5) To the sisters by the same father, whether by the same or a different mother.

(6) To the brothers by the same mother.

(7) To the sisters by the same mother.

(8) To the surviving spouse, provided that the surviving spouse takes a share of one-quarter with the heirs under Nos. 3, 4, 5, 6, and 7.

Erazi-i-Mirié cannot be transmitted by will.

The Erazi-i-Mirié of a Mussulman cannot be inherited by a nonMussulman heir, and vice versa; nor can the murderer inherit that of the person he has murdered. By the Land Code the Erazi-i-Mirié of an Ottoman subject cannot be inherited by an heir who is a foreign subject, nor can the Erazi-i-Mirié of a person who has abandoned his Ottoman nationality pass to his heirs, whether they are Ottoman or foreign subjects, but escheats to the State as Mahloul, or vacant land. It would seem, however, now, that under certain laws which have been passed in the Ottoman Empire on the subject of Ottoman nationality, some of which are applicable to Cyprus, this latter restriction may have been modified.

The fee payable to the Government Treasury on transmission by inheritance of Erazi-i-Mirié is 2 per cent. on the registered value, in addition to the registration fee.

Mahloulat, or Vacancies. If Erazi-i-Mirié becomes unoccupied or vacant by the failure of heirs, as above indicated, and there being no persons having a Tapou right on it, as it is called, it then escheats to the State, and can be re-granted by sale to the highest bidder.

The right to Tapou means a preferential right to become possessed of the land on payment to the State of its Tapou or equivalent value. This right can be claimed for a period of ten years in case of persons owning Mulk buildings or trees on the land, or inheriting such property as nextof-kin-for five years by partners of a deceased possessor, and for one year by inhabitants of the village in which the land is situated, dating from the death of its deceased possessor.

Mortgage and Forced Sale of Erazi-i-Mirié for Debt.-Erazi-i-Mirié cannot be pledged, but can be alienated (Firagh-bil-Shart literally, "transfer

It is difficult from the language of the text to understand the difference between these two forms of mortgage, and the commentators universally agree that they are identical; but Firagh-bil-Vefa is the form in constant use in the Ottoman Empire,

on condition") against a debt, by permission of the official, on condition that when the debt is paid the land is returned; or it can be mortgaged by way of Firagh-bil-Vefa (literally, "transfer on trust "), some person being appointed—generally the creditor-as a Vekil, or agent, to sell, unless the debt is paid within the time limited by the mortgage. In the latter case the debtor can always claim restitution of the land on payment of the debt till it is sold by the Vekil.

By the Law of Ramazan 23rd, 1286, or December 27th, 1869, the mortgaged land can now be sold even after the death of the debtor without heirs; but, by the Ottoman Land Code, in such a case it became Mahloul, or vacant, and followed the procedure applicable to that sort of land. By the same law, if the debtor died before paying the mortgage-debt, it became exigible in the first instance from his movable property, and the mortgagee was limited to the land mortgaged for the recovery of his debt.

The procedure for mortgaging Erazi-i-Mirié is now regulated in Cyprus by Law XIX. of 1890, and is in most respects the same as that to be followed on sale; and as by the Law concerning the Sale of Immovable Property for Debt, dated Shevval, 1288, or December, 1871, Erazi-i-Mirié can be sold, like movables, for a judgment-debt without the consent of the debtor, it is possible now for the mortgagee, if he claims and proves his debt in an action, to obtain a judgment which will enable him not only to sell the land mortgaged, but also any other unencumbered land which the debtor may have for the payment of the debt which was secured by the mortgage. Under the law in force in Turkey, however, a house appropriate to the debtor's position in life is exempt from sale; while if he is a farmer, a sufficient quantity of his land for the maintenance of such a house, to be determined by the Court hearing the action, must be left to him.

This latter beneficent exemption of an autocratic Government has been abolished by the Legislature of Cyprus,1 and the whole of any debtor's immovable property there is now liable to be sold in execution of a judgment, with the exception only "of sufficient house accommodation for the debtor and his family."

Erazi-i-Mevat.-This class of land can be opened up and turned into arable land in exchange for the right to possess, with the permission of the competent authority; and its Raqabé belongs to the Beit-ul-Mal, and it is governed by all the provisions of the Land Code applicable to Erazi-iMirié. If the new occupier does not cultivate it for three years, and has no valid excuse for leaving it in its original state, the land can be given to another person. If any one opens up Mevat land without permission, it can be granted to him on his paying the Bedel-misl, and a title-deed is given to him.

Law X. of 1885, s. 48.

Erazi-i-Metrouké. This category of land, to which communal forests, or Baltalyks, public roads, places of worship, public places for putting carts and animals, market and fair places, village pasture-lands, village summer and winter grazing-places (Yaïlaks and Kishlaks) belong, is mentioned specifically in the Land Code; but as these places cannot be individually possessed, bought, sold, inherited, or used for any other purpose than that for which they were destined and assigned ab antiquo, the general provisions of the code do not apply to them.

THE AUSTRALASIAN FEDERATION BILL.

In view of the fact that the Bill to constitute the Commonwealth of Australia is about to be submitted to Parliament, it has been thought fit to print the measure. The Bill to constitute the Commonwealth of Australia, which was framed by the Convention which sat in Adelaide in 1897, and in Sydney and in Melbourne in 1898, and was amended by the Conference of Premiers at Melbourne in 1899, was finally adopted on a Referendum to the electors in the colonies of New South Wales, Victoria, Queensland, South Australia, and Tasmania in 1899. It has been transmitted to England on Addresses to Her Majesty from both Houses of Parliament in each of the five colonies, praying that it may be passed into law by the Imperial Parliament. The text given is that which appears in the second schedule to the Australasian Federation Enabling Act, passed by the Legislature of Victoria in July, 1899. Alterations from the original text are shown by black letters when new matter is introduced, and by underlining any old matter which is omitted from the measure adopted.

WHEREAS the people of [here name the Colonies which have adopted the Constitution], humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established: And whereas it is expedient to provide for the admission into the Commonwealth of other Australasian Colonies and possessions of the Queen: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in the present Parliament assembled, and by the authority of the same, as follows:

I. This Act may be cited as The Commonwealth of Australia Constitution Act.

II. This Act shall bind the Crown, and its provisions referring to the Queen shall extend to Her Majesty's Heirs and Successors in the Sovereignty of the United Kingdom.

III. It shall be lawful for the Queen, with the advice of the Privy Council, to declare by Proclamation that, on and after a day therein appointed, not being

later than one year after the passing of this Act, the people of [here name the Colonies which have adopted the Constitution] shall be united in a Federal Commonwealth under the name of "The Commonwealth of Australia." But the Queen may, at any time after the Proclamation, appoint a Governor-General for the Commonwealth.

IV. The Commonwealth shall be established, and the Constitution of the Commonwealth shall take effect, on and after the day so appointed. But the Parliaments of the several Colonies may at any time after the passing of this Act make any such laws, to come into operation on the day so appointed, as they might have made if the Constitution had taken effect at the passing of this Act.

V. This Act, and all laws made by The Parliament of the Commonwealth under the Constitution, shall be binding on the Courts, Judges, and people of every State, and of every part of the Commonwealth, notwithstanding anything in the laws of any State; and the laws of the Commonwealth shall be in force on all British ships, the Queen's ships of war excepted, whose first port of clearance and whose port of destination are in the Commonwealth.

VI. "The Commonwealth" shall mean the Commonwealth of Australia as established under this Act.

"Colony" shall mean any colony or province.

"The States" shall mean such of the Colonies of New South Wales, New Zealand, Queensland, Tasmania, Victoria, Western Australia, and South Australia, including the Northern Territory of South Australia, as for the time being are parts of the Commonwealth, and such Colonies or Territories as may be admitted into or established by the Commonwealth as States; and each of such parts of the Commonwealth shall be called a "State."

Original States" shall mean such States as are parts of the Commonwealth at its establishment.

VII. The Federal Council of Australasia Act 1885 is hereby repealed, but so as not to affect any laws passed by the Federal Council of Australasia and in force at the establishment of the Commonwealth.

Any such law may be repealed as to any State by The Parliament of the Commonwealth, or as to any Colony not being a State by the Parliament thereof.

VIII. After the passing of this Act the Colonial Boundaries Act 1895 shall not apply to any colony which becomes a State of the Commonwealth; but the Commonwealth shall be taken to be a self-governing colony for the purposes of that Act.

IX. The Constitution of the Commonwealth shall be as follows: