33
L
[47 & 48 Vict. c. 31]
Regulations
as to removal.
Removing authority.
Evidence of act of
of British
Colonial Prisoners Removal
[A.D. 13
Provided that where a prisoner at the date of his senten belonged to the Royal Navy or to Her Majesty's regular milita forces, nothing in this section shall require such prisoner to returned to the British possession from which he was remove or entitle him to be sent there free of cost.
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4. (1) It shall be lawful for Her Majesty in Council from th to time to make, and when made, revoke and vary regulations to the removal, return, and discharge of prisoners under this A (2) The regulations may provide for varying the conditio of a sentence of imprisonment passed in a British possessio where they differ from the conditions of a sentence of impriso ment in the part of Her Majesty's dominions to which t prisoner is removed, with a view to bringing them into co formity with the latter conditions, but the prisoner shall not reason of such variation undergo an imprisonment of any long duration; and where the latter conditions appear to a Secreta of State to be more severe than the former conditions, t Secretary of State may remit a portion of the imprisonment, that the punishment undergone by the prisoner shall not in opinion of the Secretary of State be more severe than the punis ment to which the prisoner was originally sentenced, and sentence of imprisonment shall, so long as the prisoner rema in the part of Her Majesty's dominions to which he is remov be carried into effect as if the conditions thereof as so varied w the conditions of the original sentence.
(3) The regulations may also provide for the forms to used under this Act and generally for the execution of this
(4) All regulations made under this section shall be d observed by all persons, and shall be laid before both Houses Parliament as soon as may be after they are made.
5. The removing authority for the purposes of this shall be a Secretary of State acting with the concurrence of Government of every British possession concerned.
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6. (1) The concurrence of the Government of a Erit possession, and any requisition by the Government of a Prit government possession, may be given or made by the Governor in Cour or such other authority as may be from time to time previe by the law of that possession, but shall be signified by writ under the hand of the Governor or of the Colonial Secretary of any other officer appointed in this behalf by the law of : possession.
possession or Secretary of State.
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(2) Any writing purporting to give such concurrence or m such requisition, and to be signed by the Governor or Color Secretary or other officer for the time being, shall be conclus evidence that the concurrence of or requisition by the Gove ment of the British possession has been duly giver or m according to law; and any writing purporting to be under hand of a Secretary of State, and to order the removal o prisoner from a British possession, shall be conclusive evide
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