PUBLIC RECORD OFFICE
Reference :-
TILTIC.O-885
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2 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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therein provided and whereas it is expedient to make further and better provision for the apprehen- sion, custody, and trial in Her Majesty's islands, plantations, colonies, dominions, forts, and factories, of persons charged with the commission of such offences on the sea, or in any such haven, river, creek, or place as aforesaid: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in the present Par- liament assembled, and by the authority of the same, That if any person within any colony shall be charged with the commission of any treason, piracy, felony, robbery, murder, conspiracy, or other offence of what nature or kind soever committed upon the sea, or in any haven, river, creek, or place where the Admiral or Admirals have power, au- thority, or jurisdiction, or if any person charged with the commission of any such offence upon the sea or in any such haven, river, creek, or place, 'shall be brought for trial to any colony, then,
and in every such case, all magistrates, justices of the peace, public prosecutors, juries, judges; courts, public officers, and other persons in such colony shall have and exercise the same jurisdiction and authorities for enquiring of, trying, hearing, deter- mining, and adjudging such offences, and they are hereby respectively authorized, empowered, and required to institute and carry on all such proceed- ings for the bringing of such person so charged as aforesaid to trial, and for and auxiliary to and con- sequent upon the trial of any such person for any such offence wherewith he may be charged as afore- said, as by the law of such colony would and ought to have been had and exercised and instituted or carried on by them respectively, if such offence had been committed and such person had been charged with having committed the same upon any waters situate within the limits of any such colony, and within the limits of the local jurisdiction of the Courts of Criminal Justice of such colony.
shall suffer the like
2. Provided always and be it enacted, That if Persons convicted any person shall be convicted before any such of such offences court of any such offence, such person so convicted punishments as op shall be subject and liable to and shall suffer all conviction of like
offences in England. such and the same pains, penalties, and forfeitures,
:
Power to Governors
in certain cases lo remove persons so charged to other colonies for trial.
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as by any law or laws now in force, persons con- victed of the same respectively would be subject and liable to in case such offence had been com- mitted, and were inquired of, tried, heard, deter- mined, and adjudged, in England, any law, statute, or usage to the contrary notwithstanding.
3. Provided also and be it enacted, That where any person so charged as aforesaid shall have been committed for trial or held to bail for trial in any colony, or where, on the information of any justice or officer who shall have enquired into the charge, it shall appear to the governor of any colony in which a person shall be so charged that there is ground for committing such person for trial, or for holding such person to bail for trial, and where in any of the cases aforesaid the Governor of such colony shall think it necessary or expedient for the better administration of justice to transfer the person so charged for trial to any other colony, or to England, it shall be lawful for such Governor, by a warrant under his hand, and under the public seal of the colony of which he administers the govern- ment, to make order for the removal of such person to any other such colony as the said Governor may in his discretion appoint, or to England, and for the safe custody of such person during such removal, and to remove such person accordingly; and in case such person shall be removed under such warrant to any other such colony as aforesaid, then on the arrival of any
such person at such last-mentioned colony, in pursuance of such warrant, it shall be lawful for all magis- trates, justices of the peace, public prosecutors, juries, judges, courts, public officers, and other persons within such last-mentioned colony, to deal with such person in such manner as they would hereby have been authorized to deal with him if he had been originally charged in such last-mentioned colony: Provided always, that where any order shall be made as aforesaid for the removal of a person who shall have been committed for trial, or held to bail for trial, such order for removal shall vacate the committal or discharge the recognizance of bail, as the case may be; and it shall be lawful in such case for the Governor by whom such order shall be