CO885-5 — Page 18

Secretary of

State.

Governor.

Army Act.

Navy Act.

Prison.

Sentence. Imprison- ment with

hard labour. Criminal lunatic.

Colonial Secretary,

Prisoners may be re- moved in

on

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Secretary of State" shall mean any one of Her

Majesty's Principal Secretaries of State :

Governor" shall include the officer for the time being administering the government of any possession:

Army Act" shall mean any Act of the Imperial Parliament in force for the time being relating to the discipline and regulation of the Army: Navy Act" shall mean any Act of the Imperial Parliament in force for the time being to make provision for the discipline of the Navy, or for the regulation of Her Majesty's Royal Marine forces while on shore:

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"Prison" shall mean any place of confinement or any place where prisoners undergo punishment: Sentence" shall include a commuted sentence: "Imprisonment with hard labour' shall include

rigorous imprisonment. "Criminal Junatic" shall mean any person who shall have been or shall hereafter be indicted for or charged with any offence in any court in any possession, and shall have been or shall hereafter be acquitted of or not tried for such offence on the ground of his insanity, and shall by reason of the premises be in lawful custody: "Colonial Secretary shall include Government Secretary or Chief Secretary to the Govern-

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ment.

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Any jurisdiction or power by this Act conferred "the Governor" or "the Governor in Council" of a possession, or on "the Government of a posses- sion may, within the territories subject to their administration respectively, be exercised by the Governor in Council of Madras, the Governor in Council of Bombay, and the Lieutenant-Governor of any part of India, which, for the time being, is under the administration of a Lieutenant-Governor.

3. A Secretary of State, with the concurrence of the Government of every possession concerned, may certain cases, order that a prisoner who is undergoing in any possession a sentence of a court of competent juris- diction be removed to another possession or to the United Kingdom, there to undergo the rest of his

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sentence or any part thereof, in any of the following

cases :-

a. Where the prisoner, not being a native of nor domiciled in the possession in which he is undergoing such sentence, has been tried under the authority of an Act of the Imperial Parliament;

b. Where the prisoner at the time of committing the offence of which he was convicted was subject to the Army Act or Navy Acts.

And a like order may be made in respect of a prisoner not falling within either of the two pre- vious cases if-

c. The life of such prisoner is likely to be endan- gered or his health permanently injured by further imprisonment in such possession;

d. It is expedient for the more efficient carrying out of the sentence or for the safer custody of such prisoner to remove him from such possession.

Provided that no prisoner shall be removed under this Act on the ground of ill health, or for the more efficient carrying out of the sentence or for safer custody, from any place not lying between the tropic of Cancer and the tropic of Capricorn to

a place within those limits unless his consent has been first obtained,

4. If the prisoner is undergoing a longer sentence Penal servi- of imprisonment with hard labour than could have tude may be been awarded in the place to which he is to be lieu of im- ordered in removed, the Secretary of State may in the order prisonment of removal direct that the prisoner be removed to labour, or undergo the punishment of penal servitude for a vice versa. term not exceeding that of his sentence of imprison-

ment.

And if the prisoner is undergoing a sentence

of penal servitude, and the punishment of penal servitude could not have been awarded in the place to which he is to be removed, the Secretary of State may in the order of removal direct that the prisoner be removed to undergo the punishment of imprison- ment with hard labour for a term not exceeding that of his sentence of penal servitude.

with hard

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PUBLIC RECORD

OFFICE

Reference :-

mimimmimic.O. 885 / 5

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