3472
THE NEW ZEALAND GAZETTE.
[No. 103

prisoners and criminal lunatics under the provisions of
“ The Colonial Prisoners’ Removal Act, 1884 ” (47 and 48
Victoria, cap. 31).

I have, &c..
ELGIN.

The Officer Administering the Government
of New Zealand.

At the Court at Buckingham Palace, the 9th day of
September, 1907.

Present:
THE KING’S MOST EXCELLENT MAJESTY.
LORD PRESIDENT, LORD DENMAN, SIR CHARLES HARDINGE,
MR. HARCOURT.

His Majesty, by virtue and in exercise of the powers in this
behalf vested in Him by “ The Colonial Prisoners’ Removal
Act, 1884,” is pleased, by and with the advice of His Privy
Council, to make the following Order as to the removal and
return of prisoners and criminal lunatics under the said
Act:—

I. 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.

II. 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.

III. If the prisoner or criminal lunatic is to be removed
to the United Kingdom,—
(1.) A Secretary of State shall make out and sign the
Order of Removal in duplicate, and shall send
one copy to the Governor of the Colony from
which the prisoner is to be removed, and the
Governor shall thereupon make out and sign in
duplicate a Notification of Concurrence in the
Order of Removal.
(2.) One copy of the Order of Removal shall be retained
in the Colony, and the other copy shall be transmitted by a Secretary of State to the Home
Office for record.
(3.) One copy of the Notification of Concurrence shall
be retained in the Colony and attached to the
Order of Removal, and the other shall be sent to
a Secretary of State, and shall by him be transmitted to the Home Office for record.

IV. If the prisoner or criminal lunatic is to be removed
to a British possession,—
(1.) A Secretary of State shall make out and sign the
Order of Removal in triplicate, and shall send one
copy to the Governor of each Colony concerned,
who shall thereupon make out and sign in triplicate a Notification of Concurrence in the Order
of Removal.
(2.) The Governor of the Colony from which the
prisoner is to be removed shall retain the copy of
the Order of Removal, and one copy of the Notification of Concurrence, which he shall
attach to the Order of Removal, and shall send
the second copy of the Notification to the Governor of the Colony to which the prisoner is to
be removed, and the third copy of the Notification to a Secretary of State.
(3.) The Governor of the Colony to which the prisoner
is to be removed shall retain the copy of the
Order of Removal, and one copy of the Notification of Concurrence, which he shall attach to the
Order of Removal, and shall send the second
copy of the Notification to the Governor of the
Colony from which the prisoner is to be removed,
and the third copy of the Notification to a Secretary of State.

Provided that the above procedure shall not apply to the
removal of a prisoner or criminal lunatic from one British
Possession to another in pursuance of an agreement made
between such Possessions and sanctioned by Order in
Council under the provisions of “ The Colonial Prisoners’
Removal Act, 1869.”

V. A Removal Warrant duly made out and signed shall
be transmitted with every prisoner or criminal lunatic who
is removed. The Warrant shall be handed over with the
prisoner or criminal lunatic to every person from time to
time authorised to receive him in custody for the purpose of
giving effect to the Order of Removal.

VI. 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.

VII. This Order shall commence and come into operation
on the 1st day of November, 1907.

VIII. The Order in Council of the thirteenth day of
December, one thousand eight hundred and eighty-nine,
made under “ The Colonial Prisoners’ Removal Act, 1884,”
shall continue in force until the commencement of this
Order, and shall thereupon be revoked without prejudice to
anything lawfully done thereunder.

IX. This Order may be cited as “ The Colonial Prisoners’
Removal Order in Council, 1907.”

A. W. FITZROY.

SCHEDULE REFERRED TO IN THE FOREGOING ORDER
IN COUNCIL.

I. ORDER OF REMOVAL OF A PRISONER.
“ 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 Protectorate, or ] of :
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 Protectorate,
or ] :
[Or whereas the said A. B. belonged at the time of committing the said offence to the Royal Navy (or to His
Majesty’s regular military forces)] :
[Or whereas the said offence was committed wholly (or
partly) beyond the limits of the said Colony (or Protectorate,
or )] :
[Or whereas by reason of there being no prison in the
said Colony (or Protectorate, 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 whereas the said A. B. belongs to a class of persons
who under the law of the said Colony (or Protectorate,
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 Protectorate, or ] [and
the Government of the Colony (or Protectorate, or
)], order that the said A. B. be removed to the
United Kingdom [or to the Colony (or Protectorate, 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 His
Majesty’s Principal Secretaries of State, this day
of , 190 .

II. NOTIFICATION OF CONCURRENCE IN ORDER OF REMOVAL OF
A PRISONER.
“ Colonial Prisoners’ Removal Act, 1884.”

Whereas an Order has been made, under “ The Colonial
Prisoners’ Removal Act, 1884,” by one of His Majesty’s
Principal Secretaries of State for the removal of A. B., a
prisoner now in custody in the Colony [or Protectorate, or
] of , to the United Kingdom [or the Colony
(or Protectorate, or )] of :
Now, I, the Governor [or Lieutenant-Governor, or the
Officer Administering the Government] of the Colony [or
Protectorate, or ] of , with the advice of the
Executive Council of the said Colony [or Protectorate, or
] hereby concur in the said Order of Removal.
As witness my hand, this day of , 190 .

III. WARRANT FOR REMOVAL OF A PRISONER.
“ 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 His Majesty’s