370
THE NEW ZEALAND GAZETTE.
[No. 18

At the Court at Windsor, the thirteenth day of December, 1889.

Present:
THE QUEEN’S MOST EXCELLENT MAJESTY,
LORD PRESIDENT, EARL OF COVENTRY, LORD MORRIS, SIR WILLIAM HART DYKE, BART., MR. RITCHIE.

HER MAJESTY, by virtue and in exercise of the powers in this behalf vested in her by “The Colonial Prisoners’ Removal Act, 1884,” is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:—

The following regulations are hereby made as to the removal and return of prisoners and criminal lunatics under the said Act:—

1. Every prisoner removed under the said Act from a British possession to the United Kingdom for the purpose of undergoing the residue of a sentence involving confinement in a prison combined with hard labour, shall, in the United Kingdom, be dealt with as follows, that is to say: If the original period of his sentence did not exceed two years, in the same manner as if he had been sentenced in the United Kingdom to imprisonment with hard labour for the same period; and if the original period of his sentence exceeded two years, in the same manner, as nearly as may be, as if he had been sentenced in the United Kingdom to penal servitude for the same period.

2. Every prisoner removed under the said Act from one British possession to another British possession, for the purpose of undergoing the residue of a sentence, shall, in such last-mentioned British possession, be dealt with in the same manner as if he had there been sentenced to such punishment authorised by the law thereof as in the opinion of the Secretary of State signing the order of removal shall most nearly correspond to the punishment to which he was sentenced in the first-mentioned British possession, and for the same period.

3. The forms in the Schedule to this order, or forms to the like effect, varied as circumstances may require, may be used under the said Act.

C. L. PEEL.

—

SCHEDULE REFERRED TO IN THE FOREGOING ORDER IN COUNCIL.

I. Order of Removal.—“Colonial Prisoners’ Removal Act, 1884.”

WHEREAS A.B. was, on the day of , convicted before the Court of of the crime [or offence] of , and sentenced to penal servitude [or imprisonment, or as the case may be] for the term of years [or for life], and is now undergoing the said sentence in the colony [or presidency, or ]:

And whereas it is likely that the life [or health] of the said A.B. will be endangered [or permanently injured] by further imprisonment in the said colony [or presidency, or ]:

[Or the said A.B. belonged, at the time of committing the said offence to the Royal navy (or to Her Majesty’s regular military forces):]

[Or the said offence was committed wholly (or partly) beyond the limits of the said colony, or presidency, or :]

[Or by reason of there being no prison in the said colony (or presidency, or ) in which the said A.B. can properly undergo his sentence (or for other reasons to be stated), the removal of the said A.B. is expedient for his safe custody (or for more efficiently carrying his sentence into effect):]

[Or the said A.B. belongs to a class of persons who under the law of the said colony (or presidency, or ) are subject to removal under “The Colonial Prisoners’ Removal Act, 1884:”]

Now I do hereby, in pursuance of “The Colonial Prisoners’ Removal Act, 1884,” with the concurrence of the Government of the said colony [or presidency, or ] [and the Government of the colony (or presidency, or ) of ], order that the said A.B. be removed to the United Kingdom [or to the colony (or presidency, or ) of ], there to undergo the residue of his said sentence [with such variations of the conditions thereof as are or shall be provided by any regulations in force for the time being under the said Act] in accordance with the said Act.

Given under the hand of the undersigned, one of Her Majesty’s Principal Secretaries of State, this day of , 18 .

I, , the Governor [or Lieutenant-Governor, or the Officer Administering the Government] of the colony [or presidency, or ] of , with the advice of the Executive Council of the said colony [or presidency, or ]; [and I, , the Governor (or Lieutenant-Governor, or Officer Administering the Government) of the colony (or presidency, or ) of , with the advice of the Executive Council of the said colony (or presidency, or )], hereby concur in the foregoing order of removal.

As witness my hand [our hands], this day of , 18 ,

II. Order for the Return of a Prisoner to a British Possession.—“The Colonial Prisoners’ Removal Act, 1884.”

WHEREAS A.B. was, on the day of , convicted before the Court of of the crime [or offence] of , and sentenced to penal servitude [or imprisonment, or as the case may be] for the term of years [or for life]:

And whereas the said A.B. has been removed, under “The Colonial Prisoners’ Removal Act, 1884,” from the colony [or presidency, or ] of to , and is now undergoing his said sentence in the United Kingdom [or the colony (or presidency, or ) of ]:

Now I, [with the advice of the Executive Council of the said colony (or presidency, or ) of ] hereby, in pursuance of the said Act, order that the said A.B. shall be returned to the said colony [or presidency, or ] of , there to undergo the residue [or for the purpose of being there discharged at the expiration] of his said sentence.

Given under the hand of the undersigned, one of Her Majesty’s Principal Secretaries of State [or Governor (or Lieutenant-Governor, or Officer Administering the Government) of the colony (or presidency, or ) of ], this day of , 18 .

—

III. Warrant for Removal of a Prisoner.—“The Colonial Prisoners’ Removal Act, 1884.”

To C.D., the keeper of the Prison, and to E.F. and G.H.

WHEREAS an order has been made, under “The Colonial Prisoners’ Removal Act, 1884,” by one of Her Majesty’s Principal Secretaries of State, with the concurrence of the Government of the colony [or presidency, or ] of [and the Government of the colony (or presidency, or ) of ], for the removal of A.B., a prisoner now in the custody of you, the said C.D., under a sentence of penal servitude [or imprisonment, or as the case may be] for the term of years from the day of [or for life], to the United Kingdom [or to the colony (or presidency, or ) of ], there to undergo the residue of the said sentence:

Now I do hereby, in pursuance of the said Act, order you, the said C.D., to deliver the body of the said A.B. into the custody of the said E.F. and G.H., or one of them; and I do hereby, in further pursuance of the said Act, authorise you, the said E.F. and G.H., or either of you, to receive the said A.B. into your custody, and to convey him to the United Kingdom [or to the colony (or presidency, or ) of ], and to deliver him to such person or persons as shall be empowered by one of Her Majesty’s Principal Secretaries of State [or of the Governor of the said colony (or presidency, or )] to receive him for the purpose of giving effect to the said order or removal.

And for so doing this shall be your warrant.

Given under the hand of the undersigned, one of Her Majesty’s Principal Secretaries of State [or Governor of ], this day of , 18 .

—

IV. Warrant for Return of a Prisoner to a British Possession.—“The Colonial Prisoners’ Removal Act, 1884.”

To C.D., the Governor [or ] of the Prison, and to E.F. and G.H.

WHEREAS A.B., having been sentenced by the Court of to penal servitude [or imprisonment, or as the case may be] for the term of years from the day of [or for life] has, under an order duly made under “The Colonial Prisoners’ Removal Act, 1884,” been removed to the United Kingdom [or to the colony (or presidency, or ) of ], and is now in the custody of you, the said C.D., undergoing his said sentence:

And whereas an order has been made under the said Act by one of Her Majesty’s Principal Secretaries of State [or by the Government of the said colony (or presidency, or ) of ], for the return of the said A.B. to the said colony [or presidency, or ] of , there to undergo the residue [or for the purpose of being there discharged at the expiration] of his said sentence:

Now I do hereby, in pursuance of the said Act, order you, the said C.D., to deliver the body of the said A.B. into the custody of the said E.F. and G.H., or one of them; and I do hereby, in further pursuance of the said Act, authorise you, the said E.F. and G.H., or either of you, to receive the said A.B. into your custody, and to convey him to the colony [or presidency, or ] of , and to deliver him to such person or persons as shall be empowered by the Governor of the said colony [or presidency, or ] to