442 [32 & 33 Vict. c. 10]
Removal of prisoners to be by war- rant.
Colonial Prisoners' Removal
[1869 A.D.
colony not having a legislative body, on an address of the governor of such colony; and such sanction shall be in force as soon as such order in council has been published in the colony to which it relates.
The agreement of any one colony with another shall for the purposes of this Act be testified by a writing under the hand of the governor of such colony.
5. Where the sanction of Her Majesty has been given to any such agreement as aforesaid relating to the removal of prisoners from one colony to another for the purpose of undergoing their punishment, any prisoners under sentence or order of trans- portation, imprisonment, or penal servitude may be removed from such one colony to the other under the authority of a warrant signed by the governor, and addressed to the master of any ship, or any other person or persons; and the person or persons to whom such warrant is addressed shall have power to convey the prisoner therein named to such other colony, and to deliver him when there into the custody of any authority desig- nated in such warrant, or empowered by the governor of such last-mentioned colony to receive such prisoner.
6. Every prisoner shall, from the time of his leaving his Prisoner in legal custody prison in one colony to the time of his reaching his prison in during the other colony, be deemed to be in the legal custody of the removal.
person or persons empowered to remove him, and to be subject to the same restraint, and, in the event of misbehaviour, to the same punishment, as if he had continued in prison, and as if the person or persons empowered to remove him were the gaoler or gaolers of such prison; and if he escape or attempt to escape from such custody, such prisoner and every person aiding or attempting to aid him in such escape, shall be subject to the same punishment as if such escape or attempt to escape were an escape or attempt to escape from prison.
Liability of prisoner in colony to which he is removed.
A prison shall mean any place of confinement or any place where the prisoners undergo punishment.
Any person punishable under this section may be tried and punished either in the colony from which the prisoner is being removed, or in the colony to which he is being removed; and the law applicable to such person shall be the law of the colony in which he is tried.
7. Every prisoner shall, upon his delivery to the person having lawful authority to receive him in the colony to which he is removed, be subject within such colony to the same laws and regulations, and shall be dealt with in all respects in the same manner, as if he had been tried and received the same sentence in such colony as the sentence which has been passed on him in the colony from which he is removed.
[S. 8 rep. 46 & 47 Vict. c. 39. (S.L.R.)]
A.L. 1869]
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