PUBLIC
RECORD OFFICE
Reference :-
C.O. 885/
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Сл
of State's
Prisoners
may be re- turned in
5. Where any prisoner has been removed under this Act on the ground of ill-health or for the more certain cases. efficient carrying out of the sentence or for safer custody, a Secretary of State, with the concurrence of the Government of every possession concerned, may order that such prisoner be returned to the possession from which he was removed, there to undergo the residue of his sentence or any part thereof.
Concurrence
ment and
5a. Where a prisoner has been removed under this Act to any possession, a Secretary of State shall, if requested so to do by the Government of such possession, but not otherwise, order that such prisoner be returned to the possession from which he was removed at such time as will allow of his being in such last-mentioned possession at the expiration of his sentence.
5b. A Secretary of State, with the concurrence of the Government of every possession concerned, may order that a criminal lunatic be removed from any possession to another possession, or the United Kingdom, and may, with the like concurrence, order that any criminal lunatic who has been removed under this Act be returned to the possession from which he was removed
6. The concurrence or request of the Govern- of a Government of any possession shall for the purposes of this consent of a Act be signified by the Governor in Council, or, if prisoner how there shall be no Executive Council in such posseS-
testified.
Governor's
Warrant to
keeper of prison to
sion, by the Governor alone, and, in the case of British Guiana, by the Governor and the official members of the Court of Policy, and be testified in any possession in India by a writing under the hand of a Secretary to Government, and in
any
other possession by a writing under the hand of the Clerk of the Council, or, if there shall be no Clerk of the Council, by the Colonial Secretary.
The consent of a prisoner shall be testified by a writing under his hand.
7. On receipt of an order of a Secretary of State for the removal or return of a prisoner or criminal lunatic under this Act, the Governor of the posses-
5
sion in which the prisoner or criminal lunatic is con- deliver fined may, by warrant under his hand and the Seal of prisoner. the possession addressed to the keeper of the prison or asylum in which he is confined, order the delivery of the prisoner or criminal lunatic to such person or persons as shall be authorised to convey him to his destination, and the prisoner or criminal lunatic shall be delivered accordingly.
-
When a prisoner or criminal lunatic is to be Secretary returned from the United Kingdom a warrant to of State's the like effect may be issued, but under the hand of
a Secretary of State, and the prisoner or criminal lunatic shall be delivered accordingly.
warrant.
8. The removal of a prisoner or criminal lunatic Governor's under this Act may be effected upon the authority warrant to
convey
of a warrant under the hand of the Governor and prisoner. the Seal of the possession in which the prisoner or criminal lunatic is confined, and addressed to the master of any British 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 or criminal Innatic therein named to his destination, and to deliver him when there, together with the warrant, into the custody of any authority designated therein, or empowered, if in the United Kingdom, by a Secretary of State, or, if in a posses- sion, by the Governor, to receive the prisoner or criminal lunatic.
The return of a prisoner or criminal lunatic under Secretary this Act may be effected in the same manner as is warrant. herein prescribed with respect to the removal of a prisoner or criminal lunatic, with this addition, that where a prisoner or criminal lunatic is returned from the United Kingdom the warrant authorising his return shall be under the hand of a Secretary of State.
9. Every warrant for the delivery and removal Proof of
pur-
or return of a prisoner or criminal lunatic warrant. porting to be issued in pursuance of this Act, and
to be under the hand of a Secretary of State, or to
be signed by the Governor of a possession, and to be sealed with the Seal of such possession, shall be