1530
THE NEW ZEALAND GAZETTE.
[No. 117

be more severe than the punishment to which the prisoner
was originally sentenced; and the sentence of imprisonment
shall, so long as the prisoner remains in the part of Her
Majesty’s Dominions to which he is removed, be carried into
effect as if the conditions thereof as so varied were the con-
ditions of the original sentence.

(3.) The regulations may also provide for the forms to be
used under this Act, and generally for the execution of this
Act.

(4.) All regulations made under this section shall be duly
observed by all persons, and shall be laid before both Houses
of Parliament as soon as may be after they are made.

Removing authority.

5. The removing authority for the purposes of this Act
   shall be a Secretary of State, acting with the concurrence of
   the Government of every British Possession concerned.

Evidence of act of Government of British Possession or Secretary
of State.

6. (1.) The concurrence of the Government of a British
   Possession, and any requisition by the Government of a
   British Possession, may be given or made by the Governor in
   Council or such other authority as may be from time to time
   provided by the law of that Possession, but shall be signified
   by writing under the hand of the Governor, or of the Colonial
   Secretary, or of any other officer appointed in this behalf by
   the law of that Possession.

(2.) Any writing purporting to give such concurrence or
make such requisition, and to be signed by the Governor, or
Colonial Secretary, or other officer for the time being, shall be
conclusive evidence that the concurrence of, or requisition by,
the Government of the British Possession has been duly given
or made according to law; and any writing purporting to be
under the hand of a Secretary of State, and to order the
removal of a prisoner from a British Possession, shall be
conclusive evidence that such order has been duly given by
the Secretary of State; and every such writing as above in
this section mentioned shall be admissible in evidence in any
Court in Her Majesty’s Dominions without further proof.

Warrant for removal of prisoner.

7. (1.) Where the removal of a prisoner from a British
   Possession is ordered in pursuance of this Act, a Secretary of
   State or the Governor of the British Possession may, by war-
   rant under his hand, direct the prisoner to be removed to the
   part of Her Majesty’s Dominions mentioned in the said order,
   and for that purpose to be delivered into the custody of the
   persons named or described in the warrant or some one or
   more of them, and to be held in custody and conveyed by
   sea or otherwise to the said part of Her Majesty’s Dominions,
   there to undergo his sentence, or the residue thereof, until
   returned in pursuance of this Act or discharged, and such
   warrant shall be forthwith executed according to the tenor
   thereof.

(2.) Where a prisoner is to be returned to a British Posse-
sion, a Secretary of State or the Governor of the Possession
in which he has been undergoing his sentence shall issue a
like warrant, which shall be duly executed according to the
tenor thereof.

(3.) Every warrant purporting to be issued in pursuance of
this Act, and to be under the hand of a Secretary of State or
Governor of a British Possession, shall be received in evidence
in every Court of justice in Her Majesty’s Dominions without
further proof, and shall be evidence of the facts therein
stated; and all acts done in pursuance of such warrant shall
be deemed to have been authorized by law.

Dealing with removed prisoner.

8. (1.) Every prisoner removed in pursuance of this Act
   shall, until he is returned in pursuance of this Act, be dealt
   with in the part of Her Majesty’s Dominions to which he is
   removed in like manner as if his sentence (with such varia-
   tion, if any, of the conditions thereof as may have been duly
   made in pursuance of regulations under this Act) had been
   duly awarded in that part, and shall be subject accordingly
   to all laws and regulations in force in that part, with the
   following qualifications: that his conviction, judgment, and
   sentence may be questioned in the part of Her Majesty’s
   Dominions from which he has been removed in the same
   manner as if he had not been removed, and that his sentence
   may be remitted and his discharge ordered in the same
   manner and by the same authority as if he had not been
   removed.

(2.) The officer in charge of any prison, on request by any
person having the custody of a prisoner under a warrant
issued in pursuance of this Act, and on payment or tender of
a reasonable amount for expenses, shall receive such prisoner
and detain him for such reasonable time as may be requested
by the said person for the purpose of the proper execution of
the warrant.

Escape of prisoner from custody.

9. (1.) If a prisoner while in custody in pursuance of this
   Act, or under a warrant issued in pursuance of this Act,
   escape, by breach of prison or otherwise, out of custody, he
   may be retaken in the same manner as a person convicted of
   a crime against the law of the place to which he escapes may
   be retaken upon an escape.

(2.) A person guilty of the offence of so escaping or of
attempting so to escape, or of aiding or attempting to aid
any such prisoner so to escape, may be tried in any of the
following parts of Her Majesty’s Dominions, namely, the part
to which and the part from which the prisoner is being
removed or returned, and the part in which the prisoner
escapes, and the part in which the offender is found; and such
offence shall be deemed to be an offence against the law of
the part of Her Majesty’s Dominions in which he may be so
tried; and for all purposes of and incidental to the apprehen-
sion, trial, and punishment of the person accused of such
offence, and of and incidental to any proceedings and matters
preliminary, incidental to, or consequential thereon, and of
and incidental to the jurisdiction of any Court, constable, or
officer with reference to such offence and to the person
accused thereof, such offence shall be deemed to have been
committed in the said part, and such person may be punished
in accordance with “The Courts (Colonial) Jurisdiction Act,
1874” (37 and 38 Vict., c. 27).

Criminal Lunatics.

Application of Act to removal of criminal lunatics.

10. (1.) The provisions of this Act shall apply to a person
    in custody as a criminal lunatic in like manner, so far as
    consistent with the tenor thereof, as they apply to a prisoner
    undergoing sentence of imprisonment; and separate regula-
    tions may be made by Her Majesty in Council under this
    Act in relation to criminal lunatics, and (subject to those
    regulations) all laws and regulations in force in the part of
    Her Majesty’s Dominions in which a criminal lunatic re-
    moved or returned is for the time being in custody under a
    warrant issued in pursuance of this Act shall apply to such
    criminal lunatic as if he had become a criminal lunatic in
    that part.

(2.) Where a person, who is a criminal lunatic by reason of
being unfit to be tried for an offence, is removed in pursuance
of this Act, and a Secretary of State or the Government of
the British Possession to or from which such person was
removed considers that such person has become sufficiently
sane to be tried for the said offence, and requires him to be
returned for trial to the British Possession from which he
was removed, he shall, in accordance with the regulations
under this Act, be returned as a prisoner to the said British
Possession, for the purpose of being there tried for the said
offence, and shall be removed thither in custody in like
manner as if he had been arrested under a warrant on a
charge for the said offence.

Miscellaneous.

Cost of removal.

11. (1.) The cost of the removal of any prisoner or criminal
    lunatic under this Act, and of his maintenance while in con-
    finement, and of his return, and of his being sent after
    discharge to any place, shall be paid in such manner as may
    be arranged between the Governments of the British Pos-
    sessions concerned and the Secretary of State, subject, as
    regards any cost to be paid out of moneys provided by Parlia-
    ment, to the consent of Her Majesty’s Commissioners of Her
    Majesty’s Treasury.

(2.) Nothing in this Act shall affect any power to recover
the expenses of removing or returning any prisoner or criminal
lunatic from the property of such prisoner or criminal lunatic
or otherwise.

Power of Legislature of British Possession to pass laws for
carrying Act into effect.

12. If the Legislature of a British Possession pass any
    law—
    (a.) For determining the authority by whom, and the
    manner in which, any jurisdiction, power, or concur-
    rence under this Act is to be exercised or given; or
    (b.) For payment of the costs incurred in the removal,
    maintenance, return, or sending back after discharge
    of a prisoner or criminal lunatic; or
    (c.) For dealing in such Possession with prisoners or
    criminal lunatics removed thereto in pursuance of
    this Act; or
    (d.) For making any class of prisoners subject to removal
    under this Act; or
    (e.) Otherwise in any manner for the carrying of this Act
    or any part thereof into effect as regards the said
    Possession,
    it shall be lawful for Her Majesty in Council to direct that
    such law or any part thereof shall, with or without modifi-
    cation or alteration, be recognized and given effect to through-
    out Her Majesty’s Dominions and on the high seas as if it
    were part of this Act.

Power as to making and revocation of Orders in Council.

13. (1.) It shall be lawful for Her Majesty in Council from
    time to time to make orders for the purposes of this Act, and
    to revoke and vary any order so made, and every order so