1
450
vot. f—conkonwealth AND OTHER TERBITORIES (Part 2)
or which have received the assent of the governor of the said colony in the
• name and on behalf of Her Majesty, shall be and be deemed to have been valid and effectual from the date of such assent for all purposes whatever: Provided, that nothing herein contained shall be deemed to give eflect to any law or reputed law which has been disallowed by Her Majesty, or has expircil, or has been lawfully repealed, or to prevent the lawful disallowance or repeal of any law.
THE COLONIAL MARRIAGES ACT 1865
(20 & 29 Vict. c. (4)
An Act to remove Doubts respecting the Validity of certain Marriages contracted [29th June 1865) in Her Majesty's l'assessious abroad
The short title was given to this Act by the Short Titles Act 1896.
1. Operation of Colonial laws establishing validity of marriages Every law made or to be made by the legislature of any such possession as aforesaid for the purpose of establishing the validity of any martinge or marriages contracted in such possession shall have and be deemed to have had from the date of the making of such law the same force and effect for the purpose afore- said within all parts of Her Majesty's dominious as such law may have had or may hereafter liave within the possession for which the same was made: P'rm- vided, that nothing in this law contained shall give any elleel or validity to any marriage, unless at the time of such marriage both of the parties thereto were, according to the law of England, competent to contract (ie same.
2. Definition of "legislature"
In this Act the word "legislature" shall include any authority competent to make laws for any of Her Majesty's possessions abroad, except the Parliament of the United Kingdom and Her Majesty in Council.
THE COLONIAL PRISONERS REMOVAL ACT 1969 (32 & 33 Viel. c. 10).
An Act for authorizing the Removal of Prisoners from one Colony lo another for
the purposes of Punishment
[13th May 1869]
1. Short (le
This Act may be cited for all purposes as "The Colonial Prisonets Removal Act, 1869."
2. DeЛultion of terms
For the purposes of this Act-
The term "colony" shall not include any place within the United Kingdom the Isle of Man, or the Channel Islands, or within [British India . . .). but shall include any plantation, lertitory, or settlement situate else- where within Her Majesty's dominious, and subject to the same local government; and for the purposes of this Act all plantations, territories, and settlements under a central legislature shall be deemed to be one colony under the same local government:
·
COLONIAL PRISONERS REMOVAL ACr 1869. 8. 5
191
The term "governor" shall include the officer for the time being administer-
ing the government of
nny colony:
The term “legislative body“ shall mean any house of assrubly or any other
body of persons having legislative powers in the colony, and where such body of persons consists of two separate houses it shall incluule both houses, and where there are local legislative bodics as well as a central legislative body shall mean the central legislative body only.
NOTE
The words in aqunte binchels were substituted by the Government of India (Adaptation of Acts of Parliament) Order 1937, 5.1. & 1, 1937 Hn, 230, ari, & muud Schedule, Part II. The words multted, referring to Drilish Burma, were repealed by the Hurma Independence Arl 1917. 3. 3 nud Sch, 1,
3. (Rep, by the S.L.R. Adt 1883.)
4. Prisoners may be removed from one colony to another for purposes of punishment
Any two colonics may, with the sanction of an order of Her Majesty in Council, agree for the removal of any prisoners under sentence or order of transportation, Imprisonment, or penal sai vitude from one of such colonies to the other for the purpose of their undergoing in such other colony the whole or any part of their punishment, and for the return of such prisoners to the former colony at the expiration of their punishment, or at such other period as may be agreed upon, upon such terms and subject to such conditions as may seem good to the said colonics.
The sanction of the order of Her Majesty in Council may be obtained, in the case of a colony having a legislative body, on an address of such body to Her Majesty, and in the case of any colony not having a legislative body, où an address of the governor of such colony; nid such sanction shall be in force as soon as such order in council has been published in the colony to which it relatefi 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'.
NOTES
Agreements. The Colonial P'ybuncis Removal Act 1884, 9. 16 (1), p. 500, fest, contains a mnyleg for agreements made under this Act.
Ondera münter thila nection. The Pilsoners Removal (Halıralu and St. Helena) Onder 1956, 5.1. 1936 No. 10j1; the Colonial Prisoners Hemoval (Antigua and Montserrat). Order De Council 1957, 51, 1937 No, 1871; the Colonial Prisoners Removal (Antigua and the Virgin Islands) Order in Council 1937, 5,1, 1937 No. 1874; the Colonial Vilsoners Removal (Antigua and Saint Christopher Nevis and Anguilla) Order in Conmeli 1960, 5.1. 1960 No. 418. See also 3 Halsbuny's Laws (3rd Edn.) 681.
6. Removal of prisoners to be by warrant
Where the sanction of Her Majesty has been given to any such ngrement as aforesaid relating to the removal of prisoners from que colony to another for the purpose of undergoing their punishment, any prisoners under sentence ne order of transportation, imprisonment, or penal servitude may be removed from such one colony to the other under the authority of a wariant signed by the governor, and addressed to the minster of any ship, or any other person or persons; and the person or persons to whom such warrant is addiested 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 designated in such warrant, or empowered by the governor of such last-mentioned colony to receive such prisoner.
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