156
THE COLONIAL PRISONERS REMOVAL ACTS.
Act of 1884. sentence (with such variation, if any, of the conditions thereof as may have been duly made in pursuance of regulations under this Act) had been duly awarded in that part, and shall be subject accordingly to all laws and regulations in force in that part, with the following qualifications, that his conviction, judgment and sentence may be questioned in the part of Her Majesty's Dominions from which he has been removed in the same manner as if he had not been removed, and that his sentence may be remitted and his discharge ordered in the same manner and by the same authority as if he had not been removed.
Escape of prisoner from custody.
(2) The officer in charge of any prison, on request by any person having the custody of a prisoner under a warrant issued in pursuance of this Act and on payment or tender of a reasonable amount for expenses, shall receive such prisoner and detain him for such reasonable time as may be requested by the said person for the purpose of the proper execution of the warrant.
9.-(1) If a prisoner while in custody in pursuance of this Act, or under a warrant issued in pursuance of this Act escapes, by breach of prison or otherwise, out of custody, he may be retaken in the same manner as a person convicted of a crime against the law of the place to which he escapes may be retaken upon an escape.
(2) A person guilty of the offence of so escaping or of attempting so to escape, or of aiding or attempting to aid any such prisoner so to escape, may be tried in any of the following parts of Her Majesty's Dominions, namely, the part to which and the part from which the prisoner is being removed or returned, and the part in which the prisoner escapes, and the part in which the offender is found, and such offence shall be deemed to be an offence against the law of the part of Her Majesty's Dominions in which he may be so tried, and for all purposes of and incidental to the apprehension, trial, and punishment of the person accused of such offence, and of and incidental to any proceedings and matters preliminary, incidental to or consequential thereon, and of and incidental to the jurisdiction of any Court, constable or officer with reference to such offence, and to the person accused thereof, such offence shall be deemed to have been committed in the said part, and such person may be punished in accordance with the Courts (Colonial) Jurisdiction Act, 1874. [37 & 38 Vict. c. 27.]
Application of Act to removal of criminal lunatics.
Criminal Lunatics.
10. (1) The provisions of this Act shall apply to a person in custody as a criminal lunatic in like manner, so far as consistent with the tenor thereof, as they apply to a prisoner undergoing sentence of imprisonment; and separate regulations may be made by Her Majesty in Council under this Act in relation to criminal lunatics and (subject to those regulations) all laws and regulations in force in the part of Her Majesty's Dominions in which a criminal lunatic removed or returned is for the
156
THE COLONIAL PRISONERS REMOVAL ACTS.
Act of 1884. sentence (with such variation, if any, of the conditions thereof as may have been duly made in pursuance of regulations under this Act) had been duly awarded in that part, and shall be subject accordingly to all laws and regulations in force in that part, with the following qualifications, that his conviction, judgment and sentence may be questioned in the part of Her Majesty's Dominions from which he has been removed in the same manner as if he had not been removed, and that his sentence may be remitted and his discharge ordered in the same manner and by the same authority as if he had not been removed.
Escape of prisoner from
custody.
(2) The officer in charge of any prison, on request by any person having the custody of a prisoner under a warrant issued in pursuance of this Act and on payment or tender of a reasonable amount for expenses, shall receive such prisoner and detain him for such reasonable time as may be requested by the said person for the purpose of the proper execution of the warrant.
9.-(1) If a prisoner while in custody in pursuance of this Act, or under a warrant issued in pursuance of this Act escapes, by breach of prison or otherwise, out of custody, he may be retaken in the same manner as a person convicted of a crime against the law of the place to which he escapes may be retaken upon an escape.
(2) A person guilty of the offence of so escaping or of attempting so to escape, or of aiding or attempting to aid any such prisoner so to escape, may be tried in any of the following parts of Her Majesty's Dominions, namely, the part to which and the part from which the prisoner is being removed or returned, and the part in which the prisoner escapes, and the part in which the offender is found, and such offence shall be deemed to be an offence against the law of the part of Her Majesty's Dominions in which he may be so tried, and for all purposes of and incidental to the apprehension, trial, and punishment of the person accused of such offence, and of and incidental to any proceedings and matters prelimin- ary, incidental to or consequential thereon, and of and incidental to the jurisdiction of any Court, constable or officer with reference to such offence, and to the person accused thereof, such offence shall be deemed to have been committed in the said part, and such person may be punish- [37 &38 Vict. ed in accordance with the Courts (Colonial) Jurisdiction Act, 1874. c. 27.]
Application
of Act to re- moval of
criminal lunatics.
Criminal Lunatics.
10. (1) The provisions of this Act shall apply to a person in custody as a criminal lunatic in like manner, so far as consistent with the tenor thereof, as they apply to a prisoner undergoing sentence of imprison- ment; and separate regulations may be made by Her Majesty in Council under this Act in relation to criminal lunatics and (subject to those re- gulations) all laws and regulations in force in the part of Her Majesty's Dominions in which a criminal lunatic removed or returned is for the
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