1646
THE NEW ZEALAND GAZETTE.
[No. 51

(3.) When any person has been so committed to prison no proceedings or further proceedings shall thereafter be taken for the enforcement of the fine by way of civil process under this clause.

199. Save so far as herein otherwise provided, every sentence of imprisonment and every committal to prison shall be carried into effect in some prison in Samoa.

200. (1.) Every person sentenced to imprisonment or committed to prison shall be subject to imprisonment with hard labour unless the contrary is expressed in the sentence, order, or warrant.

(2.) Hard labour means such labour, within or without the limits of the prison, as may be approved by the Administrator.

201. (1.) Every person sentenced to imprisonment, or committed to prison, for six months or more may, by warrant under the hand of the Administrator and the Seal of Samoa, be transferred to some prison in New Zealand named or described in the warrant.

(2.) In pursuance of such warrant the prisoner shall thereupon be taken in custody from Samoa to New Zealand by any ship belonging to His Majesty or by any British ship and there forthwith delivered to the Gaoler of the prison named or described in the warrant.

(3.) The warrant shall be delivered to the said Gaoler together with a certificate under the hand of a Judge of the High Court and the seal of that Court setting forth the fact of the conviction or commitment of the prisoner, the offence of which he was convicted or the reason of his commitment, and the term for which he has been so sentenced or committed.

(4.) The period during which the prisoner has been in custody since he left Samoa until his delivery to the Gaoler in New Zealand shall for all purposes be computed as part of the term of his imprisonment.

(5.) Every prisoner so brought to New Zealand shall be imprisoned in New Zealand in the same manner in all respects and shall be subject in all respects to the same laws, so far as applicable, as if he had been sentenced by the Supreme Court of New Zealand to imprisonment with hard labour for the like offence, or committed to prison by that Court on the like grounds, for the residue of the term of his sentence or commitment commencing on the day of his delivery to the Gaoler of a prison in New Zealand under the aforesaid warrant.

(6.) Every such prisoner may, so soon as he is entitled to his discharge or so soon thereafter as may be, unless he is under sentence of exile therefrom, be deported to Samoa in pursuance of a warrant signed by the Minister of Justice, and in the meantime may be detained in custody in some prison in New Zealand appointed by such warrant.

202. (1.) When any person other than a Samoan born in Samoa is convicted by the High Court of any offence for which he is liable to one year’s imprisonment or upwards he may, in addition to imprisonment, be sentenced to exile from Samoa for any term not exceeding fifteen years from the date on which sentence is pronounced.

(2.) If any person so sentenced to exile is at any time later than two months after the expiry of the term of his imprisonment, and before the expiry of the term of his exile, found in Samoa he shall be guilty of an offence, and shall be liable to imprisonment for ten years.

203. (1.) When an offender is sentenced for more offences than one at the same time, or if, when sentenced for one offence, he has already been sentenced for any other offence and has not yet completed the sentence so imposed upon him, the High Court may direct that the sentences passed on him for his several offences shall take effect one after the other or concurrently.

(2.) Save as provided by this clause, every sentence of imprisonment shall commence to take effect on the day on which the sentence is pronounced.

PART VI.
CRIMINAL PROCEDURE.

204. Except where otherwise provided by Ordinance or regulation in respect of offences created thereby, all offences against the laws of Samoa may be tried in the High Court in accordance with this Part of this Order.