CO129-008 - Foreign Office - 1844 — Page 106

958

pursuance of

6o & 7° VICTORIÆ, Cap. 94.

Acts done in II. And be it enacted, That every Act, Matter, and Thing which such Power may at any Time be done, in pursuance of any such Power or Juris- to be of the diction of Her Majesty, in any Country or Place out of Her Ma- same Effect jesty's Dominions, shall, in all Courts Ecclesiastical and Temporal and elsewhere within Her Majesty's Dominions, be and be deemed and adjudged to be, in all Cases and to all Intents and Purposes whatsoever, as valid and effectual as though the same had been done according to the local Law then in force within such Country or Place.

as if done under local Laws.

Courts au- thorized to procure Evi-

of State.

III. And be it enacted, That if in any Suit or other Proceedings, whether Civil or Criminal, in any Court Ecclesiastical or Temporal dence of such within Her Majesty's Dominions, any Issue or Question of Law or Power by

of Fact shall arise for the due Determination whereof it shall, in the Application Opinion of the Judge or Judges of such Court, be necessary to to Secretary produce Evidence of the Existence of any such Power or Juris- diction as aforesaid, or of the Extent thereof, it shall be lawful for the Judge or Judges of such Court, and he or they are hereby

any authorized, to transmit, under his or their Hand and Seal or Hands and Seals, to One of Her Majesty's Principal Secretaries of State, Questions by him or them properly framed respecting such of the Matters aforesaid as it may be necessary to ascertain in order to the due Determination of any such Issue or Question as aforesaid; and such Secretary of State is hereby empowered and required, within a reasonable Time in that Behalf, to cause proper and sufficient Answers to be returned to all such Questions, and to be directed to the said Judge or Judges, or their Successors; and such Answers shall, upon Production thereof, be final and conclusive Evidence, in such Suit or other Proceedings, of the several Matters therein con- tained and required to be ascertained thereby.

Power to

British Co.

lony.

IV. And whereas it may in certain Cases be expedient that Crimes send Persons and Offences committed within such Countries or Places as aforesaid charged with should be inquired of, tried, determined, and punished within Her Crimes for Trial to a Majesty's Dominions; be it enacted, That it shall and may be lawful for any Person having Authority derived from Her Majesty in that Behalf, by Warrant under his Hand and Seal, to cause any Person charged with the Commission of any Crime or Offence the Cogni- zance whereof may at any Time appertain to any Judge, Magistrate, or other Officer of Her Majesty within any such Country or Place as aforesaid, to be sent for Trial to any British Colony which Her Majesty may by any Order or Orders in Council from Time to Time appoint in that Behalf; and upon the Arrival of such Person within such Colony it shall and may be lawful for the Supreme Court exercising Criminal Jurisdiction within the same to cause such Person to be kept in safe and proper Custody, and, so soon as conveniently may be, to inquire of, try, and determine such Crime or Offence, and upon Conviction of the Person so charged as afore- said to correct and punish him according to the Laws in force in that Behalf within such Colony, in the same Manner as if the said Crime or Offence had been committed within the Jurisdiction of such Supreme Court: Provided always, that before any such Person shall

6° & 7° VICTORIÆ, Cap.94.

959

to any Co-

lony

for Trial

which shall

shall be sent for Trial to any such Colony as aforesaid it shall be Before any lawful for him to tender for Examination to the Judge, Magistrate, such Person or other Officer of Her Majesty to whom the Cognizance of the shall be sent Crime or Offence with which he is charged may appertain, within the Country or Place where the same may be alleged to have been he may ten- committed, any competent Witness or Witnesses, the Evidence of der any ma whom he may deem material for his Defence, and whom he may dence that terial Evi- allege himself to be unable to produce at his Trial in the said he would be Colony; and the said Judge, Magistrate, or other Officer shall unable to thereupon proceed in the Examination and Cross-examination of such produce on Witness or Witnesses in the same Manner as though the same had Trial, and been tendered at a Trial before such Judge, Magistrate, or other be taken Officer, and shall cause the Evidence so taken to be reduced into down and Writing, and shall transmit a Copy of such Evidence to the Supreme transmitted. Court before which the Trial of such Person is to take place, together with a Certificate under his Hand and Seal of the Cor- rectness of such Copy; and thereupon it shall be lawful for the said Supreme Court, and it is hereby required, to allow so much of the Evidence so taken as aforesaid as would have been admissible according to the Law and Practice of the said Supreme Court, had the said Witness or Witnesses been produced and examined at the Trial before the said Court, to be read and received as legal Evidence at such Trial: Provided also, that if it shall be made to appear at In case the such Trial that the Laws by which the Person charged with any Place in Criminal Act would have been tried had his Trial taken place before which the

Laws of the

a Judge, Magistrate, or other Officer of Her Majesty in the Country Act was com- or Place in which such Act may be alleged to have been committed, mitted vary vary from or are inconsistent with the Laws in force within such from those

of the Colony Colony, in respect either of the Criminality of the Act charged, or the Court of the Nature or Degree of the alleged Crime or Offence, or of may give the Punishment to be awarded for the same, such Supreme Court effect to is hereby empowered and required to admit and give effect to the Laws by which such Person would have been so tried as aforesaid, so far as but not further or otherwise than the same relate to the Criminality of such Act, or to the Nature or Degree of such Crime

them.

or Offence, or to the Punishment thereof: Provided also, that nothing Nothing herein contained shall be construed to alter or repeal any Law, herein to alter any Statute, or Usage by virtue of which any Crime or Offence com-

Law respect- mitted out of Her Majesty's Dominions might, at the Time of the

ing Crimes passing of this Act, be inquired of, tried, determined, and punished committed within Her Majesty's Dominions, or any Part thereof, but the same out of Her shall remain in full Force and Effect, any thing herein contained to Majesty's the contrary notwithstanding.

Dominions.

Execution

V. And whereas it may likewise in certain Cases be expedient Power to that the Sentences passed within such Countries and Places as afore- send Cou- said at the Trial of Crimes and Offences within the same should be victs for carried into effect within Her Majesty's Dominions; be it enacted, or Imprison- That if any Offender shall have been sentenced to suffer Death or ment to a Imprisonment for or in respect of any Crime or Offence of which British such Offender shall have been lawfully convicted before any Judge, Colony. Magistrate, or other Officer of Her Majesty within any such Country

or

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