152
moved from
THE COLONIAL PRISONERS REMOVAL ACTS.
Act of 1889. order of transportation, imprisonment, or penal servitude from one of such colonies to the other for the purpose of their undergoing in such colony one colony to another for
the whole or any part of their punishment, and for the return of such purposes of punishment. 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 colonies.
Removal of prisoners to by warrant.
Prisoner in legal custody during re-moval.
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, 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 transportation, 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 designated 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 prison in one colony to the time of his reaching his prison in the other colony, be deemed to be in the legal custody of the 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.
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.