COLONIAL PRISONERS REMOVAL ACTS
Title
COLONIAL PRISONERS REMOVAL ACTS
Description
3.-COLONIAL PRISONERS REMOVAL ACTS.
ACT OF 1869-32 & 33 VICT. c. 10: -
An Act for authorizing the removal of Prisoners from one Colony to
another for the purposes of Punishment. [-13tli Alay, 1869.]
WHEREAS it is expedient to amend the law relatin., to the removal of
prisoners from one colony to another for the purposes of punisliment-
1. This Act may be cited for all purposes as the Colonial Prisoners
Removal Act, 1869.
2. For the purposes of this Act-
The term ' colony ' shall not inchide any place within the United
Kingdom, the Isle of Man, or the Channel Islands or within such
territories as may for the time being be vested in Her Majesty by virtue
of any Act of Parliament for the government of India, but shall include
any plantation, territory, or settlement situate elsewhere within Her
Majesty's Dominions, and subject to the same local government ; and
for the purposes of this Act all plantations, territories, and settlements
under a central Legislature shall be deemed to be one colony under the
same local government :
The term ' Governor' shall include the officer for the. time beino.
administering the government of any colony:
The term 'legislative body, ' shall mean any House of Assembly or
other body of persons having legislative powers in the colony, and where
such body of persons consists of two separate Houses it shall include
both Houses, and where there are local legislative bodies as well as a
central legislative body shall mean the central legislative hod), only.
[s. 3, rep. 46 & 47 Vict. c. 39.]
4. Any two colonies may, with the sanction of an Order of Her Majesty
in Council, agree for the removal of any prisoners under sentence or
order of transportation, imprisonment, or penal servitude from one of such
colonies to the other for the purpose of their undergoing in such colony
the whole or any part of their punishment, and for the return of such
prisoners to the former colony at the expiration of their punishment, or
at such other period as may be agreed upon, upon such terms and
subject to such conditions -,is may seem good to the said colonies.
The sanction of the Order of Her Majesty in Council may be obtained,
in the case. of a colony having a. legislative body on an address of such
body to Her -Majesty, and in the case of any colony not having a legislative
body, on an address of the Governor of such colony; and such sanction
shall be in force as soon as such Order in Council has been published in
the colony to which it relates.
The aureenient of any one colony with another shall for the purposes
of this Act be testified by a writing under the hand of the Governor of
such colony.
5. Where the sanction of Hei.has been given to any such agree-
inent as aforesald relating to the removal of prisoners from one colony
to auntlier for the purpose of undergoing punishment, any prisoners
under sentence or order of trairisportation, imprisonment, or penal
servitude may be removed from such one collony to the other under
the authority of a warrant signed by the Governor, and addressed to the
master of any ship, or any other person or persons ; and the person or
persons to whom such warrant is addressed shall have power to convey
the pyisoner therein nained to such other colonY, and to deliver him when
there into the custody of any anthorio designated in such warrant, or
enipowered by the Governor of such last-mentioned colony to receive
such prisoner.
6. Every prisoner shall, froin the time of his leaving his prison in one
colony to the tinie of his reaching his prison in the other colony, be deemed
to be ill the legal custody of the person or persons empowered to remove him,
and to be. subject to the restraii-it, and, in the event of misbehaviour.
to the same punishment, as if he had continued in prison, and as if the
person or persons empowered to remove him were the gaoler or gaolers of
such prison; and if he escape or attempt to escape from such custody,
such prisoner and every person aiding or attempting to aid him in such
escape, shall be subject to the same punishment as if such escape or
attempt to escape were an escape or attempt to escape from prison.
A prison shall mean any place of confinenient or any place where the
prisoners undergo punishment.
Any person punishable under this section may be tried and punished
either in the colony from which the prisoner is bein removed, or in the
colony to which he is being removed; and the law applicable to such
person shall be the law of the colony in which he is tried.
7. EverY prisoner shall, upon his delivery to the person having lawful
authority to receive hini in the colony to which he is removed, be subject
within such colony to the same laws and regulations, and shall be dealt
with in all respects in the same manner, as if lie had been tried and
received the same sentence in such colony as the sentence which has been
passed on him in the colony from which he is removed.
Es. 8, rep. 46 & 47 Vict. c. 39.]
ACT OF 1884-47 & 48 VICT. c. 31.
An Act to make further provision respecting the removal of Prisoners
and Criminal Lunatics froifi Her Majesty's Possessions out of the
United Kingdomn. [28th July, ISS-i.]
WHEREAS it is expedienf to provide for the removal of prisoners under-
uoing sentence, and oflioiaties froin one British oossession to
another British possessioii, or to the United Kingdom
Rreliminary
1. This Act maybe cited as the Colonial Prisoners Removal Act,
1884.
2. Where as regards a prisoner undergoing sentence of imprisonment
in any British possession for any offence it appears to the removing
authority hereinafter mentioned either-
(a) that it is likely that the life of the prisoner will be endangered or
his health prermanently injured further imprisonment in such British
possession; Or,
(b) that the prisoner belonged, at the time of committing the said
offence, to the Royal ' Navy or to Her Majesty's regular military forces
or,
(c) that the offence was committed wholly or partly beyond the limlits
of the said British possession ; Or,
(d) that by reason of there no prison in the said British posses-
sion in which the prisoner can properly undergo his sentence or otherwise
the removal of the prisoner is expedient for his safer custody or for more
efficiently carrying his sentence into effect ; or,
(c) that the prisoner belongs to a class of persons who under the law
of the said British possession are subject to removal under this Act;
in any such case the removing authority may, subject nevertheless to the
regulation in force under this Act, order such prisoner to be removed to
any British possession or to the United Kingdom to undergo his sentence
or the residue thereof.
3. -(1) Where a prisoner has been removed in pursuance of thsi Act, a
Secretary of State or the Government of a British possession to which the
prisoner has been so removed, may order the, prisoner, for the purpose
of midergoing the residue of his sentence, to bc returned to the British
possession front which he was removed.
(2) 11 a Secretary of State or the Governinent, of a British possession
to -which a prisoner is removed under this Act, requires the prisoner to
be returned for discharge to the British possession from which he was
removed, the prisoner shall, in accordance with the regulations under
this Act, be returned to the said British possession for the purpose of
bein., there discharged at the expiration of his sentence. In any other
case a prisoner when discharged at the expiration of his sentence shall
be entitled to be sent free of cost to the British possession from which
he was removed:
Provided that where a prisoner at the date of his sentence belonged to
the Roval Navy or to Her Majesty's regular military forces, nothing in
this section shall require such prisoner to be returned to the British
possession from which he was removed, or entitle him to be sent there
f ree of cost.
4.-(1) It shall be lawful for Her _Majesty in Council from time to time
to make, and when made, revoke and vary regulations as to the removal,
return, and discharge of prisoners under this Act.
(2) The regulations may provide for varying the conditions of a sen-
tence of imprisonment passed in a British possession, where they differ
from the conditions of a sentence of imprisonment in the part of Her
Dominions to which the prisoner is removed, with a viesy
to bringing theni into conformity with the latter conditions, but the
prisoner shall not by reason of such variation undergo art imprison-
inent of any longer duration ; and where the latter conditions appear
to a Secretary of State to be more severe than the former conditions,
the Secretary of State may reinit a portion of the imprisonment, so
that the punishment undergone by the prisoner shall not in the
offittion of the Secretary of State be. more severe than the punishment
to which the prisoner was originally sentenced, and the sentence of
imprisonmen shall, so long as the prisoner remains in the part of Her
_Majesty's Dominions to which lie is removed, be carried into effect as
if the conditions thereof as so varied were the conditions of the original
Sentence.
(3) The regulations may also provide for the forms tobe used under
this Act and generally for the execution of this Act.
(4) All regulations made under this section shall be duly observed by
all persons, and shall be laid before both Houses of Parliament as soon
as may be after they are made,
5. The removing authority for the purposes of this Act shall be a
Secretary of State actine, with the concurrence of the Government of
every British possession concerned.
6.-(1) The concurrence of the Government of a British possession, and
any requisition by the Government, of a British possession, may be given or
made by the Governor in Council or such other authority as maY be from
time to time provided by the law of that possession, but shall be signified
by writing tinder the hand of the Governor or of the Colonial Seeretarv
or of any other officer appointed in this behalf by the laiv of that
possession.
(2) Any writing purporting to give such concurrence or make such
requisition, and to be signed by the Governor or Colonial Secretary or
other officer for the time being, shall be conclusive evidence that the lon-
currelice of or requisition by the. Government of the British possession
has been duly given or made according to law; and any writing purport-
in to be under the hand of a Secretary of State, and to order the removal
of a prisoner from a British possession, shall be conclusive evidence 'Lat
,such order has been duly give by the Secretary of State, and every such
writin', as above in this section mentioned shall be admissible in evidence,
in any Court in Her Majesty's Dominions without further proof.
7-(1) Where the removal of a prisoner from a British possession is
ordered in pursuance of this Act, a Secretary of State or the Governor of
the British possession may by warrant under his hatid direct the prisoner
to be removed to the part of Her Majesty's Dorninions mentioned in the.
said order, and for that purpose to be delivered into the custody of the
persons named or described in the warrant or some one or more of thelil,
and to be held in custody and conveYed by sea or otherwise to the sald part
of Her Majesty's Dominions, there to undergo his sentence, or the re-*tdite
thereof, until returned in pursuance of this Act olr discharged, and such
warrant shall be forthwith executed according, to the tenor thereof.
(2) Where a prisoner is to be returned to a British possession, a
Secretary of State ol. the Governor of the possession in which lie has been
undergoing his sentence, shall issue a like warrant, which shall be (Ink-
executed according to the tenor thereof.
(3) Every svarrant purporting to be issued in pursuance of this Act,
-wid to be under the hand of a Secretary of State or Governor of a British.
possession, shall be received in evidence in every Court of Justice in Her
Majesty's Doninions without further proof, and shall be evidence of the
facts therein stated, and all acts done in pursuance of such warrant shall
be deemed to have been authorised by law.
8.-11) Every prisoner removed in pursuance of this Act shall, until he
is returned in pursuance of this Act, be dealt with in the part of Fler
Majesty's Dominions to which he is removed, in like manner as if hie
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 queRtioned 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.
(2) The officer in charge of any prison, on renluest 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 reasonalAe ainount 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 marrant issued in pursliance of this Act escapes, by breach of
prison or otherivise, out of custody, he may be retaken in the same
manner as a erson convitd of a rime against the law of hte place to
whcih he escapes may be retaken upon an escape.
(2) A person guilty of the offence of so escaping or of attempting so to
esc.ape, or of aiding or attelupting 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 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 ofYence shall be deeined
to be in 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 pimishnient 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-
ed in accordance with. the Courts (Colonial,) Jurisdiction Act, 1874.
Lunatics.
10.-(1) The provisions of tlfis, Act shall apply to a person in custody
as a crirnmal lunatic in like inanner, so far as consistent with the tenor
thereof, as thsy apply to a prisoner undergoing sentence of imprison-
ment ; and separate regulation., 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
time being in custody under a warrant issued in pursuance of this Act,
shall apply to such criminal lunatic as if he had become a criminal
lunatic in that part.
(2) Where a person, who is a criminal lunatic by reason of beincr unfit
to be tried for an offence, is removed in pursuance of this Act, and a
Secretary of State or the Government of the British possession to or from
which such person svas removed considers that such person has become
sufficiently sane to be tried for the said offence, and requires him to bc
returned for trial to the British possession from which lie was removed,
he shall, in accordance with the regulations under this Act be returned
as a prisoner to the said British possession for the purpose of being
there tried for the said offence, -and shall be removed. thither in csistod * v
in like nianner as if he had been arrested under a warrant on a charge
for the said offence.
Miscellaneous
M- (1) The cost of the removal of au ' v prisoner or criminal lurlatic
under this Act and his maintenance while in confinement, and of his
return, and of his being sent after discharge to am- place, shall be Paid
in such manner ws, may be arranged betweea the Governments of the
British possessions concerned and the Secretars- of State, subject, as,
regards am- cost to be paid out of moneVs provided bs- Parliament, to the
consent of the Commissioners of Her Majesty's
(2 -Kothing in this Act shall affect any posver to recover the expenses
of removing or returning any prisoner or criminal lunatic form thepro-
perty of such prisoner or criminal lunatic or otherwise.
12. If the Legislature of a British possession pass ans, lass-
Vt) for determining the authorits- by whom and the inanner in which
ans- urisdiction, power, or concurrence under this Act is to he exercised
or given; or
(b) for paYinent of the costs incurred in the removal, maintenance, re-
turn, or sending back after discharge of a prisoner or criminal lunatic;
or
(c) for dealing in such possession with prisoners or criminal kinaties
removed thereto in pursuance of this Act; or
(d) for making anY class of prisoners subject to removal under this
Act; or
Y
(c) otherwise in {tits manner for the carrying of this Act of part
thereof into effect as rep-trds the said possession,
it shall be lasyful for ller Majesty in Council to direct that such lan-
or an.y part thereof shall with or without modification or alteration
be recognised and given effect to throughout Her Majesty's Dominion,-
and on high seas as if it svere part of this Act.
13.-(1) It shall be lawful for Her Majesty in Council from time to time
to make Orders for the purposes of this Act, and to revoke and vary any
Order so made, avid every. Order so niade shall while it is in force have
the same effect as if it were enacted in this Act.
(2) An Order in Council made for the purposes of this Act shall be
laid before Parliament as soon as may be. after it is made if Parliament
is then in session, or, if riot, as soon as may be after the commencement
of the then next session of Parliament.
14. This Act shall extend to the Chailnel Islands and Isle of Man as if
they were part of England and the United Kin15.
15 It shall be lawful for Her _Majest.y in Council froni tinie to time to
direct htat this Act shall apply, as if , subject to the conditions, exceptions
and qualifications (if any) contained in the Order, any place out of Her
Majesty's Donilidows, in which Fler MajestY has Jurisdiction, and which is
named in the Order, were a British possession and part of Her Majesty's
Dominions, and to provide for carrying into effect such application.
16..(1) This this Act shall affect the provisions of the Army Act,
1881.
(2) This Act shall not affect any agreenient niade either before or after
the passing of this Act under the Colonial Prisoners Reinoval Act, 1869,
nor any provisions contained in the Act 14 (R- 1.5 Vict. c. 81, intituled
,,an Act to authorise the rei-noval from India of insane persons cliar,el
with offences, and to give botter effect to inquisitions of lunacy taken in
India. '
17. This Act shall apply to a prisoner who has, been convicted, and to
a criminal lnatic who has become a criminal lunatic, before the passing
of this Act, in like, inanner as if he had been convicted and become a
criminal lunatic after the coinmencement of this Act.
18. In this Act, unless the context otherwise requires, the following
expressions have the following meanings ; that is to say,-
the expression British possession ' does not include any place within
the United kingdom, the Isle of Man, or the Channel Islands, but
includes all other territories and places being part of ller Majesty's
Dominions, and all territories hnd places within Her Dominions
which are not part of India and are under one. Legislature shall be
deemed to be one British possession, and any part of India. under a
Governor or Lleutenant-Governor shall be deemed to be one British-
possession.
the expression 'India' means all territories and places within Her
Majesty's Dominions which are subject to the Governor-General of India
in Council.
the expression ' Legislature, ' where there are. local Lecrislatures, as
well as a central Legislature, ineans the central Legislature only, and in
every part of India ineans the Governor-General in Council.
the expression ' Secretary of State ' means one. of Her
Principal Secretaries of State.
the expression ' Governor ' means any person or persons administering
the ---overnment of a British possession, and includes the Governor-
General of India and also the Governor and Lieuteiiant-Goverilor of any
part of India.
the expression ' Colonial Secretary' includes a person performing the
like duties as a Colonial Secretary, whether known as Government Sec-
retary, Chief Secretary to the Government, or by any other title
the expression ' prison ' includes anY place for the confinement or
detention of prisoners whether convicted or tinconvicted.
the expression ' sentence of imprisounient means any sentelice
involving confinement in a prison, whether conibined or nor, with labour,
and whether known as penal servitude, imprisonment with hard laboni.,
rigorous imprisonment, imprisonment, or otherwise, and includes a
sentence awarded by wav of commutation as well as an original sentence
passed by the Court.
the expression ' criminal lunatic ' means a person detained in custody
by reason of his havin, been charued with an offence, and either found
to have been insane at the time of such offence, or found or certified or
otherwise lawfully proved to be unfit on the ground of his insanity to be
tried for the same, and includes a person convicted of an offence and
afterwards certified or otherivise lawfully proved to be insane.
REGULATIONS AND FORMS*
made under the Act of 1884 by Order in Council,
13th December, 1889.
At the Court -,it Windsor, the 13th day of December, 1889.
PRESENT:
The Queen's Alost Excellent Majest
HER MAJESTY, by virtue and in exercise of the powers in this behalf
vested in Her by the Colonial Prisoners Removal Act, 1884, is pleased,
by and with the advice of Her Privy Council, to order, and it is hereby
ordered, as follows:
The following Regulations are hereby niade as to the ret-noval and
return of prisoners and criminal lunatics under -the said Act:
See the regiflations and forms made under the 0. in C.'s of 1907 and 1913.pagt.
1. Every prisoner removed under the said Act from a British posses-
sion to the United Kingdoni fol. the purpose of undergoing the residue
of a sentence involving onfinenient in a prison combined with hard
labour, shall. in the United Kingdoni, be dealt with as follows, that is to
say,-
If the original period of his sentence did not exceed two years in the
same manner as if he had been sentenced in the. United Kingdom to
imprisonment with hard labour for the same period :
And if the original period of his sentence exceeded two years, in the
stime manner, as nearly as may be, as if he had been sentenced in the
United Kingdont. to penal servitnde, for the sanic period.
2. Every prisoner removed under the said Act from one British
possession to another British possession for the purpose of undergoing
the residue of a sentence shall in such last-mentioned British possession
be dealt with in file. same, manner as if he had there been sentenced to
such punishment authorised Itv the law thereof as in the opinion of
the Secretary of State signing the order of removal shallmost nearly
correspond to the punishment to which he was sentenced in the first
mentioned British possession, and for the saine. period.
3. The forms in the schedule to this Order or forms to the like effect
varied as circumstances may require may be used under the said Act.
SCHEDLI1,ES REFERRED TO IN THE FOREGOING
ORDER I-LN COUNCIL.
L-ORDER or REMOVAL.
ReinoraZ Aet, 1884.
WHEREAS A.B. was on the day of convicted
[or offence] of courtof of teh crime
imprisonment, or as the casemay be] for the term of years[or for
life], and is now undergoing th esaid sentence in the Colony [or Prsidency, or
] of
And wheras it is likely that hte life [or partly beyond the limits of the said
[or permanently injured ] by further imprisonment in the said Colony [or Prsidency
or
[Or the said A.B. belonged at the time of committing hte said offence to the Royal Navy
[or to Her Majesty's regular military forces]
Colony, or presidency, or
[Or by reason of there beign no prison in the said Colony [or Prsidency,or
' ] in which the said A.B. can properlyundergo hsi sentence [or, for ogher
reasons to be statrd] the removal of the said A.B. is expedient for his safecustody [or
for more efficiently carrying his sentence into effect]
[Or the said A.B. belongs to a class of persons who under the law of the said Cololly
[or Presidency, or ] are subject to removal under the Colonial
Prisoners Removal Act, 1884.
Now I do bereby in pursuance fo the Colonial Prisoners Removal Act 1884,with the
concurrence of the Government of the said Colony [or Prsidency, or
][ and the Government of the Colony (or Presidency,or
of ], order thawt the said A.B. be removed to the United kingdom
[or to the colony (or Presidency, or ) of ]there
to undergo the residue of his said sentence [with such variations of ghe conditins thereof
as are or shall be provide by any regulationin force for the time being under the said
Act] in accordance wtih the said Act.
Given under th hand of the underigned, one of Her Majesy's Principal Secretaries of
state, this day of 1,
I, the Governor[or lieutenant-governot, or Officer
Adminstering the government ] of hte Colony [presidency, or
of , with the advice of the Executive Council of the said Colony
Colony [or Presidency,or ], herby concur in the foregoing
order of removal.,
as withness my hand [our hands]thsis day of
II-OREDER FOR THE RETURN OF A PRISONER OT A BRITISH POSSESSION
Colonial Prisoners Removal Act, 1884.
WHEREAS A.B. was ont he day of convicted
before the court of of the crime [or offence]
of adn sentenced to penal sservitude [or impriosnment, or as the
case may be,] for the term fo years [or for life I
And wheraa the saed A.B. has been removed, under the Colonial Prisouoers Removal
, and is now undergoing hsi said sentence in the united
Kingdom [or htd Colony (or Prsidency, or ) fo ]
Now I, [with the advice of the Exective Council of the said
Colony (or Presidency, or ) of there to undergo-
pursuance of the said Act, order that the A.B. sshall be returned to the said
colony [or Presidency, or ] or there toundergo-
the resider [or Lientemant-Governor, or Officer Administering the Government)
sentence.
Given under the hand of the undersigned, one of Her Majesty's Principal Secretaries
of State [or Governor (or leieutenant-governor, or Officer Administering the govenment)
of the Colony (or Prsidency, or ) or ] this day of
III-WABRANT FOR REMOVAL OF A PRISONER.
Colonial Prisoners Removal Act, 1884.
To C.D. the keeper of he Prison, and to E.F. and G.H.
WHEREAS an oreder thas been made under the colonial Prisoners Removal Act,1884,
by one of Her Majesty's Principal Seceraies of State. wtih the concurrence of the
Government of Colony [or Prsidenc, ro ] of and the
Government of the Cjolony (or Presideny,or of
for the rmoval of A.B. a prisoner now in the custody of you ths said C.D. under a
sentence of penal servitude [or imprisonment, or, as the case may be, ] for the term of
years form the day of [or for life]
to the United Kingdom [orto the Colony (or Presidency, ,). ) of
1, there to undergo the residue, of the said scutence. ,
Now I do hereby, in pursuance of the said Act, order you. the said C.D., to deliver
the bod * v of the sAd A.B. into the custody of the said E.F. and 0.1L ol. one of them ;
and 1 do hereby, in further purs'liance of ilie said Act, authorise you. the said E.F. and
G.H. or either of you. to receive the said A.B. into Your custody, and to conve ' v him to
the United Kingdom [or to the Colony (or Presidency, or ) of I
and to delivei. him to such person or persons as -ball be empowered by one of Tier
,Majesty's Principal Secretaries of State [or of the Governor of the said Colony (or
Presidency, or to ieceive hini for the purpose of giving effect to the said
ordel. of removal.
And for so doing this shall be your svarrant.
Cive.nunder the liand of the undersigned, one of fler Majesty's Principal Secretaries of
State lor Governor of ' ]. this .
TV-WARRA-,T FOR RETURN OF A PRISONER TO A BRITISH POSSESSION.
Colonial Prisoners Bemoral Act,1884,
To C.D. the Governor or of the Prison, and to
E.F. and G.H.
WHEREAS A.. having been sentenceed by the Court of
to penal seviude or imprisonment, or as the case may be for the term of yerars for
under the Colonial Prisoners Removal act, 1884, been removed to the United Kingdom
or to the Colony or Presidency, or of , and is now in
the custody of you the C.D. undergoing his said sentence.
And wheras an order has been made under the said Act by one of Her Majesty's
Principal Secreataries of State or b the government of the said Coony or Prsidency
or of for the return of the said A.B. to the said
Colony or prsidency, or of , ther ot undergo the
residue or for the purpose of bein gthere discharged at the expiration of thsi said
sentence.
Now I do hereby, in pursuance of the said Act, order you the said C.D. to deliver the
body of th said A.B. into hte custody of he said E.F. and G.H. o rone of them; and I
or ether of you, to recive thssaid A.B. into your custody, and to convey himto
the Colony [or presidcyk,or of
and to deliver him to such person or persons as shall be empowered
by the Gjovernor of the said Clolny or Prsidency,or to receive him
for the purpose of giveng effect to th esaid order of return.
Given under the hand of the undersigned, one fo He Majesty's Principal Seceretries
of State or Gjover of this day of
V-ORDER OF REMOVAL OF A CRIMINAL LUNTIC.
Coluial Prisoners Removal Ac,
WHERAS A.B. is in custody in the Coloy or presidency, or
of as a criminal lunateic having been charged with offence of
and found to have been insancea t hte time of such offence or to be
unfit on the ground of insniy to be tried for such offence or having been convicted of
the offence of and setnenced to penal servitude or imprisonment, or
And whersas it is likely that the life or health of the said A.B. willbe endangered
or prmanently injured by further detentionin custody in the said Colony or
Prsidency, or
[Op. the said A.B. belonged at the time of the said offence to the Royal Navy [oi- to
lier Majesty's regular military forces].]
[or tile said offerice was committed wholly [or partly] beyond the limits af the said
Colony (or Presidency, oi ). 1
09. by reason of there being no asylum in the said Colony ' lor Presidency or
in which thn said A.B.can be properly or
and dealt with as a criminal lunatic, his removal to the United King loin
[o). to the
Colony ~or Presidency, or of is expedient.
[ Or the said A.B. belongs to a class of persons who under the law of the said colony
(or Presidency, orare subject to removal under the Colonial Prisoner.
Eenloval Act, 1884.1
Now 1 do hereby, in pursuance of the Colonial Prisoners Renloval Act, 1834, with the
concurrence of the Government of the ;aid Colony For Presidency, or
[and the Government of the Colony (or Presidency, or ) of
order that the said A.B. be removed to the United Kingdom or to he Colony or
Presidency, or of there to be detailled in custody as
a criminal lunatic, and dealt with in the samc manner as if hehad there become a
criminal lunatic.
Given under the hand of the undersigned one of Her Majesty's Principal Secretaries
of State this day of 1 .
1, , the Governor [or Lieutenant-Governor or Officer Adininisteringr
the Government] of the Colony lor Presideny,or of with
the advice of the Executive Council Of the said ,
And 1 Governor [or Licutenant-Governor, or Officel Administering
the Government] of the Colony [or Presidency~ or of with
the advice or the Executive Council of the said Colony [or Presidelley, or
hereby concur in the forc.ping order of removal.
,,,s my hand rLoux hallds] this day of
VI-ORDER FOR TI1E RETURN OF A CRIMINAL LUNATIC TO A
BRITISH POSSESSION,
Colonial prisoners Act. 18s4'
WHEREAS A.B. havin., been in custody inthe Colony For or
of as a criminitl Linatic, has been removed,under the Colonial
Prisoners Removal Act, 1884,to and is now in custody as criminal luatic in the
United Kin.gdoni I or the Colony (or Presidency, or of
[And whereas 1 [orthe Government of the said Colony (or
of ] consider that, the said A.B. has become suficiently sance tobe
tried for the offence with whcih he was chargedinthe said Colony or Presidency, or
Act, order that the sald A.B. be Yeturned to the said Colony (or Presidency, or
) of 1 there to be dealt with in the &tine
manner as if lie had not been rernoved therefrom.
Given under the hand of the undersignet one of Her majesty's Principal Secretalics
of State [or the Governor or Lieutcuant-Governor, or Officer Administering the Govern-
ment of the Colony [01- presidency, or of this
day of 1 .
VIL-WARRANT POR REMOVAL OF A CRIMINAL LUXATIC.
Colnial Prisoners Remarl Act, ISS4.
To C.D., the keeper of Lunatic Asylum, and to E.F,. and
WHEREAS an order has been made under the Colonial Prisoners Removal Act, 1884:
by one of tier Majesty's Principal secretaries of State, with the concurrence of the
Government of the Colo,)y [or Vresidency, orof and
the Government of the Colony (o). Vresideney, or ) of
for the removal of A.B. a criminal lunatic now in the custody of yon. the said C.D., to
the United Kingdom [or the Colony (or Presidency, or ~ Of 1
to be there dealt with in the same manner is if lie had. become a criminal lunatic
in the United Kingdom. [or the said Colony (or Presidency, or
of I.
I,Tow 1 do hereby, in pursuance of the Act. order you the aid C.D. to deliver the
body oC the said A.B. into the ciistody of the said E.F. and G.H. or one of them ; and
1 do hereby, in further pursuance of the the said Act, authourise,. the said E.F. and G.rl.,
or either of you, to receive the said A,B. into your custody, and to convey him to the
United Kingdom [or to the Colony (or presidency, , of
and lo deliver him to such person or persons as shll empowered by one of Her
Maesty's Principal Secretaries of State [or the Governor of the said Colony or
Presidency, or to receive him for the purpose of giving effect to the
said order of removal.
fliven under the hand of the undersigned, one of Her Majesty's Principal Secretaires
of State 'Lor the Governor of this day of
VIII-WARRATN FOR RETURN OF A CRIMINAL LUNATIC TO A BRITISH POSSESSION.
Colonial Prisoners Removal Act,1884/
To C.D., the of the Lunatic Asylum, and to F.F.
and (1 G. 11.
W'HEIZEAS A.B., having been in custodY as -t criminal Ininatic in the Colony [or
Presidency, or ] ofInis under an order duly made,
under the Colonial Prisoners Removal Act. 1884, been removed to the United Kingdom
[or to the Colony (or Presidency, or ) of
and is now in the custody of you the said C.D. as a criminal Hinatic.
And whereas an order has been made under the said Act by one of Her Majesty's
Principal Secretaries of State [or by the Government of the saitl Celony (or Presidency,
or ) offor the returil the said of A.B. to the
said Colony EOr Presidency, or ] of
Now I do hereby. in pursuance of the said Act, order You the sai,l C.D. to deliver the
body of the sAd A.B. into the custody of the said. EF. an,l G. 71. orone of flicin ; and 1
(lo in further pursuance of the snid -Act, authorise you the sald E.F. and G.M,
ot, cither of you, to receive the said A.B. into your custody, and to convery him to the
Coloily [o). JPresidency, or ] of , and to deliver
him to such person or persons as shall be empo-wered by the Governor of the sald Colony
[or Presidency, or to receive him for the purpose of giving effeit
to the said order of return.
And for so doing this shall be your warrant.
Given under the hand of the undersigned, one of Her Magesty's Principal Secretaries
of State or Governor of this daV of At the Court at Buckin liam Palace, the 9th clay of September, 1907.
PRESM,T
The King's Alost Excellent Majest.s.
HIS MAJESTY, by virtite and in exercise of the powers in this belialf
vested in Him by the Colonial Prisoners' Removal Act, 1884, is pleased,
by and with the advice of His Privy Council to make the following Order
as to the removal and return of prisoners and criminal lunatics under
the said Act :
1. Every prisoner removed under the said Act from a British Posses-
sion to the United Kingdom for the purpose of undergoing the residue
of a sentence involving confinement in a prison combined with hard
labour, shall, in the United Kingdoni, be dealt ivith as follows that is to
say,
If the original period of his sentence did not exceed 2 'Years, in the
same manner as if he had been sentenced in the United Kingdom to
imprisonment with hard labour for the same period.
And if the original period of his sentence exceeded 2 years, in the
same manner, as nearly as may be, as if he had been senteneed in the
United Kingdom to penal servitude for the same period.
2. Every prisoner removed under the said Act from one British
Possession to another British Possession for the purpose of
1 -
the residue of -a sentence shall in such last -inent ion ed British Possession
be dealt with in the same manner as if he had there been sentenced to
such punishment authorized by the law thereof as in the opinion of the
Secretary of State signing the Order of Reinoval shall most nearly cor-
respond to the punishment to which he was sentenced in the first-
mentioned British Possession, and for the same period.
3. If the prisoner or criminal lunatic is to be removed to the United
Kingdoni-
(1) A Secretary of State. shall make out and sign the Order of Reninval
in duplicate and shall send one copy to the Governor of the Colon from
which the prisoner is to be removed, and the Governor shall thereupon
make out and sign in duplicate a Notification of Concurrence in the
Order of Removal.
(2) One copy of the Order of Removal shall be retained in the Colony
and the other copy shall be transmitted by a Secretary of State to the
Home office for record.
(03) One copy of the Notification Concurrence shall be retained in
the Colony and attached to the Order of Removal and the other shall be
sent to a Secretary of State and shall by hini be transmitted to the Home
Office for record.
4. If the prisoner or criminal lunatic is to be removed to a British
Possession-
(1) A Secretary of State shall niake out and sign the Order of Reinoval
in triplicate and shall send one copy to the Governor of each Colony
concerned, who shall thereupon make out and sicyn in triplicate a 'Noti-
fication of Concurrence in the Order of Removal.
(2) The Governor of the Colony from which the prisoner is to be re-
moved shall retain the copy of the Order of Removal and one copy of the
Notification of Concurrence which he shall attach to the Order of Re-
moval, and shall send the second copy of the Notification to the Governor
of the Cololiv to which the prisoner is to be removed, and the third Copy
of the Notification to a Secretary of State.
(3) The Governor of the Colony to which the prisoner is to be reinoved
shall retain tWe copy of the Order of Removal and one copy of the Noti-
fication of Concurrence which he shall attach to the Order of Removal,
and shall send the second copy of the Notification to the Governor of the
Colony froni which the prisoner is to be removed, and the third copy of
the notification to a Secretary of State.
Provided that the above procedure shall not appIy to the removal of a
prisoner or criminal hinatic froni one British Possession to another in
pursuance of an agreen-ient made between such. Possessions and sanction-
ed by Order in Counell under the pm-Isions of the Colonial Prisoners'
Removal Act, 1869
5~ A Removal Warrant duly made out and signed shall be transmitted
5Vith everv prisoner or criminal lunatic who is removed. The Warrant
shall be handed over with. the prisoner or crilmnal Iunatic to every person
from time to time authorized to receive him in custody for the purpose
of giving effect to the Order of Removal.
6. The forms In the Schedule to this Order or forms to the like effect
varied as cireunistances may require may be used mider the sald Act.
7. This Order shall commence and come into operation on the firsit
day of November, 1907.
8. The Order in Council of the 13th (lay of December, 1889, made
under the Colonial Prisoners' Reinoval Act, 1884, shall continne M force
untik the commencement of ti sOrder, and shall thereipon be revoked
without prejudice to anyt inglawfully done thereunder.
9. This Order may be cited as ' The Colonial Prisoners' Removal
Order in Council 19OT'.
SWILDULE, 11EFERRED TO IN THE FOREGOING ORDLR IN COUNCIL
1-ORLDEI, OF BE-MOVAL OF A PRISOXER.
Colonial Prisonrs Removal Aci, 1884.
W'HERFAs A.B. wa, on the day ofConvicted before the
Court, of of Glie (Or Offence) Of and
sentenced to penal servitude (or imprisonment, or, as the casm may be) for the term
ofyears (ot. for life), and it; now undergoing the ssid sentence in the
Colony (or Protectorate, or ) of
And whercas it is likely that the life (or health) of the said A.B. will be endangered
(or Permanently injured) by further imprisonment in the said Colony (or Protectorate,
or
[Or whereas the kaid A.B. belonged at the time of committing the said offence Lo the
Royal Navy (or to his majesty's regular military forces0]:
[Or whereas the said offence was committed wholly (or partly) beyond the limits of
the said Colony, (or Protectorate, or )l :
Or whereas by reason oi there' being no prison in the said Colony (or Protectorate,
or) in which the said A.B. can properly undergo his sentence (or, for
other reasons to be stated) the removal of the said A.B. is expedient for his safe custody
(or for inore efficiently carrying his sentence into effect)
[Or wlicreas the. said A.B. belongs to a class of person., who under the. law of the
Said Colony (or Protectorate, orare subject to removal under the
Colonial Prisoners' Removal Act., 18841
Now I do hereby in pursuance of the Colonial Prisoners' Removal Act, 1884, with the,
concurrence of fbeof thet said ColonY (oT Protectorate., or
[and the Government of the Colony (or Protectorate, or ) of
Order that the said A.B. be removed to the United Kingdom- For to the Colony (or
Protectorate, or ) of 1 there to undergo the residie
of his said sentence (with such variations of the conditions thereof as are or shall be
provided by any regulations in force for the time being under the said Act)in accord-
ance with the said Act.
Given under the hand of the undersigned, one of His Majesty's Prinicpal Secretaries
of state, this day of 19
11 NOTIFICATION OF CONCURRRENCE IN ORDER OF REMOVAL Or A PRISONER.
Colonial Prisoners' Remoral Act, M84.
WHEREAs all Order has been made under the Colonial Prisoners' Removal Act. 1884,
by one of his Majesty's Principal Secretarips of State for with the concurrence of the
Government of the Colony (or Protectorate, or )of
[and the Government of the Colony (or Protectorate, or )of
for the removal of A.B. a prisoner now in the custody of you, the said C.D., under a
sentence of penal servitude (or imprisoment or, as the case may be, ) for the term of
years form the day of (or for life)
to the United Kingdom [or to the Colony (or protectorate or )of ].
there to undergo the residue of the said sentence.
Now I do hereby , in pursance of the said Act, order you, the said C.D., under a
the body of the said A.B., in to the custody of teh said E.F., and G.H., or one of them;
and i do hereby, in future pursuance of the daid Act, authorize you, the said E.F.,
And G.H., or either of you, to receive the said A.B., into your custody, and to covey
him to the United Kigdom [or to the Colony (or Protectorate or )
of ] and to deliver him to such person or person as shall be empowered
by one His Majesty's Principal Secretaries of State [or by the Governor of the said
Colony (or Protectorate, or )] to receive him for the purpose of giving
effect tot he said Order of Removal.
And for so doing this shall be your warrant.
Given under the ahd of the undersigned, one of His majesty's Principal Secretaries
to State (or governor of ), this day of 19
IV-WARRANT OF RECEPTION OF A PRISONER
Colonial Prisoncrs' Removal Act, 1884
WHEREAS was on the day of
19, convicted in the court of of the crime of
and sentenced to :
and whereas in pursuane of the provisons of the Colonial prisioners' Removal Act,
1884, an Order has been made by One of His majesty's prinicipal Secretaries of State,
with the concurrence of the Government of teh Colony (or Protectorate or )
of [and of the govenment of this colony (or Protectorate or )
)] for the removal of said to the United
Kingdom [or, to this colony (or Protectorate or )] there to undergo
the residue of his sentence; and whereas the Government of theColony (or Protectorate
or )of bya warrant under his hand ordered the said
to be conveyed to the United Kingdom [or, this colony (or
Protectorate or )] and delivered to such person or persons as shall be
empowered by One of His Majesty's principal Secretaries of State [or the governor of
this colony (or Protecotrate or )] to receive him for the purpose of
giving effect to the said order of Removal.
Now I, the Right Honourable One of His Majesty's Principal
Secretaries of State [or the Governor of the Colony (or Protectorate or )
of ] hereby authorize and empower the Governor of H.M. Prison
and all person acting under his orders, to receive and detain the
said for the purpose of giving effect to the ssaid Order of Removal; and
I further authorize and empower the Governor of any other of H.M. Prisons to which
the said may be removed from Prison and all persons
acting under his orer to receive and detain the said for the purpose
of undergoing the residue of his sentence in such Prison.
Given under the ahdn of the undersigned, one of His majesty's Prinicipal Secretaries
of state (or Governor of ) this day of 19
V-ORDER FOR THE RETURN OF A PRISONER TO A BRITISH POSSESSION
Colonial Prisoncers removal Act 1884
Whereas A.B., wan on the day of 19, convicted before
the Court of of the crime (or offence ) of
and sentenced to penal servitude (or imprisoment, or as the case may be), for the term
of years (or for life).
And whereas the said A.B. has been removed, under the Colonial Prisoners' Re-
moval Act 1884, from the colony (or protectorate or ) of
and is now undergoing his said sentence in
the United Kingdom [or the colony (or Protectorate or )of
of ].
Now I, [with the advice of teh Executive council of the said colony.
(or protectorate or ) of ] hereby, in pursuance of the said
)of , there to undergo the residue (or for the
purpose of being there discharged at the expiration) of his sentence.
Given under the hand of the undersigned, one of His majesty;s principal Secreatries
of State [or Governor (or Lietenant-Governor, or Officer Administering the govern-
ment) of the Colony (or Protectorate, or ) of ] this day of
W-WARRANT FOR RETURN OF A PRISONER TO A PRISONER TO A BRITISH POSSESSION
Colonial Prisoners' Remoral Act, 1884
To C.d., the Governor (or ) of th Prison, and
to E.F., and G.H.
WHEREAS A.B., having been entenced by the Court of
to penal servitude (or imprisoment, or, as the case may be for the term of
years from the day of 19, (or for life) has under an
order duly made under the colonial Prisoners' Removal Act, 1884, been removed to the
United Kingdom [or to the Colony (or Protectorate, or ) of ]
and is ow in the coustody of you the said C.D., undergoing his said sentence.
And whereas an order has been made under the said Act by one of His majesty's
Prinicipal Secretaries of Stae [or by the government of the said Colony (or Protectorate
or )o f ] for the return of the said A.B., to the said Colony
(or Protectorate, or ) of there to undergo the residue (0r
for the purpose of being there discharged at the expiration ) of his said sentence.
Now I do hereby, in purpsuance of the said Act, order you, the said C.d., to deliver
the body of the said A.B., into the custody of the said E.F., and G.H., or one of them;
and I do hereby, in futher pursuance of the said Act, authorize you the said E.F.
and G.H., or either of you, to receive the sid A.B., into your custody, and to convey
him to the Colony (or Protectorate, or ) of ,and to deliver
him to such person or persons as shall be empowered by the Governor of the said
Colony (or protectorate, or ) to receive him for the purpose of giving
effect to the said order of reture.
And for so doing this shall be yoru warrant.
Given under the hadn of the undersigne, one of his majesty's Principal Secretaries
of State (or Governor of ) this day of 19
VII- ORDER OF REMOVAL OF A CRIMINAL LUNATIC
Colonial Prisoners' Removal Act, 1884
Wherea A.B. is in custody in the Colony (or protectorate, or
of as a criminal lunatic having been chaged with the offence of
and ofund to have been insane at teh time of such offence (or to be
unfit on the ground of insuanity to be tried for such offence) (or having been convicted
of the offenceof and sectenced to penal servitude (of imprison-
,emt.pr ) for the term of years from the day
of 19 (or for life), and afterwards certified (or lawfully proved to
be insuane]:
And whereas it is likely that the life (or health) of the said A.B. will be endangered
(or permanently injured) b further detention in custody in the said Colony (or Protec-
torate, or ):
[Or whereas the said A.B. belonged at the time of the said offence to the Roual Navy
(or to His majesty's regular military forces)]:
[Or whereas the said offence was committed wholly (or partly beyond the limits of
the said colony (or Protectorate, or )]:
[Or whereas by reason of there being no asylum in the said Colony (or Protectorate,
or ), in which the said A.B, can be properly or conveniently detained
and dealt with as a criminal lunatic, his removal to the United Kingdom (or to the
Colony (or Protectorate, or ) of ) is expendient]:
[or whereas the said A.B. belongs to a class of persons who, under the law of the
said Colony prisoners' Removal Act, 1884]:
Now I do hereby , in pusuance of the Colonial Prisoners' Removal Act, 1884 with
the concurrence of teh government of the said colony (or Protectcrate, or
[and the Government of the Colony (or Protectorate, or ) of
1 order that the said A.B. be removed to the United Kingdom [or to
the Colony (or Protectorate, or ) of] there to be detained
in custody as a criminal luilatic, and dealt with inthe sarne manner as if he had
there become a criminal lunatic.
Given under the hand of the. undersigned, one of His Majesty's Principal Secretaries
of State this day of19 .
VIII-NOTIFICATIONOF CONCURRENCE IN ORDER OF REMOVAL OF A
CRIMINAL LUNATIC
Colonial prisoncers Removal 1884,
Whereas all Order has been inade under the Colonial Prisoners' Removal Act, 1884,
by olle of His Majesty's Principal Secretaries of State for the removal of A.B. a
crinlinal lunatic now in custody in the Colony (ur Protectorate, or ) of
to the United Eingdoin jor the Colony (or Protectorate, or
of
Nowd I, the Governor (ot. Lieutenant-Governor, or Officer Administering
tile Government) of the Colony (ot. Protectorate, ot. ) ofwith the advice oi the Executive Council of ific said Colony (or Protectorate, or
) hereby concur in the said Order of lienioval.
As witness iny hand this day of 19
11
IX-WARRANT FOR 1EMOVAL 01` GRIMINAL LUNATIC.
Colonial Prisoners' Removal Act, 1884.
To C.D. the keeper of Lunatic Asylum, and to E.F., and G.H.
Whereas an Order has been made under the Colonial Prisoners' Removal Act, 1884,
by one of His Majesty's Principal Secretaries of stale, with the concurrence of the
Government of the Colony (or Protectorate, or of [and
the Government of tile Colony (or Protectorate, or ) of
for the removal of A.B. a criminal lunatic now in the custody of you, the said C.D.,
to the United Kingdom [or the Colony, (or Protectorate, ot. ) of
1 to be there dealt in the same manner as if lie had beconie a criminal
lunatic in the Cnited Kingdom [or the said Colony (or Protectorate, or of
Now I do hereby, in pursuance of the said Act, order you, the said C.D., to deliver
the body of the said A.B., into the custody of the said E.F., and G.H., or one of them;
and 1 do hereby. in further pursuance of the said Act, authorize you, the said E.F.,
and G.H., or either of you, to receive the said A.B. into your custody, and to convey
Ifirn to the United Kingdom [or to the Colony (or Protectorate, or of
' ' i, and to deliver him to such person or persons as shall be empowered
by one of His Principal Secretaries of State [or the Governor of the said
Colony (or Protectorate, orto receive him for the purpose of giving
effect to the said Order of Pernoval.
Given unde). the hand of the undersigned, one. of His Majesty's Principal Secre-
taries of State (ot. the Governor of ) this day of 19 .
X-WARRANT OF -RECEPTION OF A CRIMINAL LUNATIC.
Colonial Prisoners' Removal Act, 1884..
Whereas is in custody inas a criminal lunatic, having
been charged with the offence ofand foupd to be insane at the time of
such offence (or to be unfib on the ground of insanity to be tried for such ofience)
jor having been convicted of the offence of and sentenced to
and afterwards certified (or lawfully pioved) to be insane] :
And whereas in pursuance of the provisions ot the Colonial prisoners Removal Act,
1864, an Ordel has been made be of His Majestfs Principal becretaries of State,
with tile concurrence of the Government of tile Colony (or protectorate, or
of ~andof the Govemnient of this Colony (or Protectorate, or
) J for the reinoval of the saidto the United Kingdom
jor this Colony (ot. protectorate, or there to be dehained as a
crialinal lunatic unhil be shall have ceased to be a crimirial lunatic, or shall otherwise
la~s fully be discharged :
And whereas the Governor ol the Colony (ot. Protectorate, ot. of
by a Warrant under his hand, ordered the said to be
conveyed to the United Xingdoin [or to this Colony (or Protectorate, or
and delivered to such person or persons as shall be empowered by one of His Majesty's
Principal Secretaries of btate 1 or the Governor of this Colony (or Protectorate, or
)] to receive him for the purpose of giving effect to the said Order of
Removal :
Now 1, the llight Honourableone of His Majesiy's Principal
Secretaries of State, [or the Governor of the Colony (ot. Protectorate, or
of hereby authorize and empower the Aledical Superintendent,
of Lunatci Asyium and all persons acting under his orders, to
receive and dedetain the said the same manner as if hehad
become a criminal lunatic in bite United Kingdom [or this Colony (or Protectorate,
orj until His Majesty's Pleasure be further known Concerning
him.
Given under the haud of the ndersigned, one of His Majesty's Principal Secretaries
of State, or the Govenor of this day of
XL-ORDER FiR THE RETURN OF A CRIMINAL LUNATIC TO A BRITISH POSSESSION.
Colonial Prisoners, Removal Act, 1881.
Whereas A.B., having been in custody in the Colony (ot. Protectorate, or
) of as a criminal lunatic, has been removed, under the
Colonial Prisoners' licinoval Act, 1884, to, wid is now in custody as a criminal
lunatic in, the United Kingdoul or the Colony (ot. Protectorate, or of
I.
And whereas 1 ~or tlic GovernmeiLL of thG said Colony (ot. Protectorate, or
) of jconsider that the said A.B. has become sufficiently sane
to be tried for the offence with whcih he was charged in the said Colony (or Protec-
torate, or ) of
Now I with the advice of the Executive Counil of the said Colony (or Protectorate,
ot' )hereby, , in ot the said Act, order that the said A.B. be
returned to the said Colony (or protectorate, or ) there to be dealt with in the
same manner as if lie had not, been rernoved therefrorn.
Given under the hand of the underAgned, one of His Majesty's Principal Secretaries
of State [or the Government (ot Lieutenant Governor, or Officer Administering the
Government of the Colony (or Protectorate, ot. of this
day of 19
XIL-WARRANT FOR 11rTURN Ol,' A CRIMINAL LUNATIC TO A BRITISH POSSESSION.
Colonial Prisoners, Removal Act, 1884.
To C.D. the of the Lunatic Asylum, and to E.F.,
and G.H.
Whereas A.B. having been in custody as a criminal lunatic in the Colony (or Protee-
troate, ot. ) ofhas under an Order duly made under the Colonial
Prisoners,' Removal Ach, 1884, been renloved to the United Kingdoin 'Lor to the Colony
(ot. Protectorate, or 1 ofand is now in Lhe custody of you
the said C.D., as a Crinlinal lunatic.
And whereas an Order has been uiade under the said Act by one of His Majesty's
Principal Secretaries of State [or bx- the Goveinnient of the said Colony (or Protectorate,
011 ) of for the return of the said A.B. to the said Colony
(or Protectorate, or of
Now I do hereby, in pursuance of the said Act, order you the said C.D., to deliver
the body of the said A.B., into theof the said E'.F. and G.H., or one of Glivin;
and i do hereby, in further pursuance of the said Act, authorize vo u the said E.F.
and GM. or either of you, to receive the said A.B. into your custody and to
him to the Colony (or Protectorate, or of ' and to deliver
him, to such person or persons as shall be b., the of the
Colony (or Protectorate, or to receive him for the purpose of giving
e[Teet, to the said order of return.
And for so doing this be VOLIC
Given under the hand of the undersign, one of His Majesty's Principal Secretaires
of State (or Governor of ) this day of 19 .
At the Court at Buckingham Palac, the 11 th day of April 1913
The King's most Excellent Majesty
His Majesty by virtue and in exercise of the powers in this belialf
vested in Hini bY the Colonial Prisoners' Reinoval Act, 1884, is pleased,
by and with the advice of His Privy Council, to inake the following. order
as to the reinoval of prisoners and criminal lunaties to Ireland under the
said Act
The Colonial Prisoners' Removal Order in Council, 1907, shall, if the
prisoner or criminal hinatic to be removed under the said Act is to be
detained in Ireland, be aniended as follows, that is to say,-
1. A Secretary of State shall transmit one copy of the Order of Removal
and one copy of the Notification of Concurrence to the Lord Lieutenant
of Ireland, for record in Dublin Castle, instead of transmitting thein to
the Hoine Office.
2. For -the forins numbered Ill. IV IX and X., in the Schedule to the
Order of the 9th dav of September, 1907, there shall be substituted the
forms similarly numbered in the Schedule to this Order, or forms to the
like effect varied as circumstances maY require.
3. This Order shall commence and conte into operation on the 1st day
of May, 1913.
4. INTothing lawfully done as regards Ireland under the Colonial Pri-
soners' Removal Order in Council, 1907, shall be prei . udiced by this
Order.
5. This Order may be cited as ' The Colonial Prisoners' Removal Order
in Council, 1913 '.
SCHEDULE REFERRED TO IN TITE, FOREGOING ORDER IN COUNCIL.
III-WARICANT FOR REMOVAL OF A PRISONER TO IRELAND.
/chikibuak Prisoners' Removal Act, 1884.
To C.D., the Keeper of the Prison, and to E.F, and G.H.
WHEREAS all Order has. been made under the Colonial Removal Act, 1884.
by one of His Majesty's Priocipal Secretaries of State, with the colicuriclice of the
Government o~ the Colony (or Protectorate, or ) of for the
removal of A.B., a prisoner now in custody of you, the said C.D., under a sentence of
penal servitude (or imprisonment or, as the case may be) for the term of
years from the day of(or for life), to the United Kingdom there
to undergo the residue of the said sentence.
Now 1 do hereby, in pursuance of the Act, urdur you the said C.D., to deliver
the body of the said A.B. into the custody of the said E.F. and G.H., or one Of them;,
and I do herby, in further pursuance of the said Act, authorize you, the said E.F.
and G.H.-- or either of you, toLim said A.B. into your custod.\ and to conkm
him to the United Kingdom, and to deliver him to such. person or persons a, shall be
empomered by tile Lord Lieutenant of Ireland to recive him for the purpose of giving
effect to the said Ordei of Removal.
And for so doing this shall be your
Given under the hand of the undersigned, oLic of His Majesty's Principal Secre
taries of State (or Governor of this day
of 19
IV-WARRANT OF PLCLWII0N OF A PRISONER IN IRELAND.
Colonial Prisoner's Removal Act, 1884.
BY THE LORD LIEUTENAT GENERAL AND GENERAL GOVERNOR OF IRELAND.
WHEREAS was onthe dau of 19, convict in
sentenced to
And mhereas in pursuance of the provisions oi the Colonial Removal Act.
1884, an (rder has been made by one of His Majesty's Prilicipal Secretaries of Statc.
With the concurrence of the Government of the Colony or Protectorate, or
of for the rmoval of hte said to the United Kingdom.
there, to undergo the residue of his sentence and whereas the Governor of the Colony
(or Protectorate, or ofby a warrant under
ordered the said to beto dic United Kingdom and delivered to
such person as shall be empowered by the Lord Lieutenant of Ireland to
receive him for the purpose of giving effect to the said Order of Removal.
Now we, , Lord Lientemant General and General Governor of frclaild,
do licreby authorize and empowel. the Govel-nor of His Majesty's Prison
and all oersibs acting under his to receive and detain the said for
the purpose of giving effect to the, .,aid Order of Reirloval; and we do further authorize
and teh Governor (if am other of His Majesty's Prisons to which the said
Ttly be reinoved lrom Prison and all personR acting under his
orders to receive and detain tfic,for the purpose of undergoing the residue
of his sentence in such Prison.
Given at Hifs Mfajesty's Castle of Dublin this day of 19
BY llis EXCELLENCY'S COMMAND.
IX-WARRANT FOR REMOVAL Ol.' CRIMINAL LUNATIC TO IRELAND.
Colonial Prisoners' Renloval Act, 1884.
To C.D., the keeper of Lunatic Asylum, and to E.F. and G.H.
WHEREAs an Order has been made under the Colonial Prisoners' Removal Act, 1884,
by one of His Majesty's principal Secretaries of State, with the concurrence of the
Government of the Colony (or Protectorate, or ) of for the removal
of A.B., a criminal lunatic itow in the custodu of you, the said C.D., to the United
Kingdoin, to be there. dealt wigh in the saine manner as if he had become a criminal
lunatic in the United Kbjgdoin.
Now 1 do hereby, in pursumice of (he said Act, order you, the said C.D., to deliver
the body of the said A.B. into the custody of the said E.F. and G.H., or One of tilem;
and I do hereby, ill further pursuance if the said Act, authorize you, the said E.F.
and G.H., or either of you, to receive the said A.B. into your custody, and to convey
him to the United Kingdoin and to deliver him to such person or persons as shall be
empowered by the Lord Lieutenant of Ireland to receive him for the purpose of giving
effect to the said Order of Bernoval.
Given under the hand of the undersigned one of His Majesty's Principal Secre
Laries of State (or Governor of this day
of 19
X-WARILANT OF RECEPTION OU' A CRIMINAL IN IRELAD
Colonial Prisoners' Removal Act, 1884.
BY THE LORD LIEUTEANT GENERAL AND GENERAL GOvEPNOR OF IRELAND.
WHEREAS is in custody in as a criminal
lunatic, having been chargedtile offence -and found to be insane
at the time of such offence (or to be unfit oil the glound of insanity to be tried for
such oflence) (or having buen convicted of the offence of and sentenced
to and afterward certified (or lawful proved) to be insanc) :
And whereas in pursuance of file provisions of the Colonial Prisoners' Removal Act,
1884, an Order has been inade by one of Ifis MajeA ' v's Principal Secretaries of State,
with the concurrence of the Government of the Colony (or Protectorate, or
of for the reinoval of the said to the United Eingdonu,
there to be detained as a crimil luilatic until he shall have ceased to be a critninal
lunatic, c,, shall otherwise lawfully be discharged
And whereas the Governor of the Colony (or Protectorate, or
of by a Warrant inider his hand, ordered flie said
to be conveyed to the United Kingdoin and delivered to such person or persolls as shall
be empowered by the Lord Lieutenant of Treland to receive him for the purpose of
giving effect to the said Order of Retrieval :
Now wc, , Lord Lieutenant General and General Governor of Ireland,
do hereby authorize and empower the Governor of the Central Asylum at Dundrum,
and all persons acting undel his order,, to receive and detain the said
in the same manner as if he had become a criminal lunatic in the United Dinglom
until Ris Majesty's Pleasure be further known concerning him.
Given at His Majesty's Castle of Dublin this day of 19
BY Ilis EXCELLENCY'S C031MAND.
Short title. Definition of terms: 'Colony.' 'Governor.' 'Legislative body.' Prisoners may be re- Act of 1869. Moved from one colony to another for purposes of punishment. Removal of prisoners to by warrant. Prisoner in legal custody during removal. Act of 1869. Liability of prisoner in colony to which he is removed. Short title. Removal of prisoners from British possessions in certain cases. Act of 1884. Return of removed prisoner. Regulations as to removal. [see O.in C. 13 Dec. 1889, post.] Act of 1884. Removing authority. Evidence of act of government of british possession or Secretary of State. Warrant for removal of prisoner. Dealing with removed prisoner. Act of 1884. Escape of prisoner from custody. [37 & 38 Vict. C.27.] Application of Act to removal of criminal lunatices. Act of 1884. Cost of removal. Powers of Legislature of British possession to pass laws for carrying Act into effect. Act of 1884. Power as to making and revocation of Orders in Council. Application to Channel Islands and Isle of Man. Application to place under Foreign Jurisdiction Act. See 53 & 54 Vict. C 37. Savings. 44 & 45 Vict. C.58. 32 & 33 Vict. C.10. Application to existing prisoners and criminal lunatics. Definitions. Act of 1884. Order in Council, 1889. Order in Council, 1889. Order in Council, 1889. Order in Council, 1889. Order in Council, 1889. Order in Council, 1907. Order in Council, 1907. Order in Council, 1907. Order in Council, 1907. Order in Council, 1907. Order in Council, 1907. Order in Council, 1907. Order in Council, 1907. Order in Council, 1913. Order in Council, 1913.
Abstract
Short title. Definition of terms: 'Colony.' 'Governor.' 'Legislative body.' Prisoners may be re- Act of 1869. Moved from one colony to another for purposes of punishment. Removal of prisoners to by warrant. Prisoner in legal custody during removal. Act of 1869. Liability of prisoner in colony to which he is removed. Short title. Removal of prisoners from British possessions in certain cases. Act of 1884. Return of removed prisoner. Regulations as to removal. [see O.in C. 13 Dec. 1889, post.] Act of 1884. Removing authority. Evidence of act of government of british possession or Secretary of State. Warrant for removal of prisoner. Dealing with removed prisoner. Act of 1884. Escape of prisoner from custody. [37 & 38 Vict. C.27.] Application of Act to removal of criminal lunatices. Act of 1884. Cost of removal. Powers of Legislature of British possession to pass laws for carrying Act into effect. Act of 1884. Power as to making and revocation of Orders in Council. Application to Channel Islands and Isle of Man. Application to place under Foreign Jurisdiction Act. See 53 & 54 Vict. C 37. Savings. 44 & 45 Vict. C.58. 32 & 33 Vict. C.10. Application to existing prisoners and criminal lunatics. Definitions. Act of 1884. Order in Council, 1889. Order in Council, 1889. Order in Council, 1889. Order in Council, 1889. Order in Council, 1889. Order in Council, 1907. Order in Council, 1907. Order in Council, 1907. Order in Council, 1907. Order in Council, 1907. Order in Council, 1907. Order in Council, 1907. Order in Council, 1907. Order in Council, 1913. Order in Council, 1913.
Identifier
https://oelawhk.lib.hku.hk/items/show/1043
Edition
1912
Volume
v3
Number of Pages
24
Files
Collection
Historical Laws of Hong Kong Online
Citation
“COLONIAL PRISONERS REMOVAL ACTS,” Historical Laws of Hong Kong Online, accessed May 14, 2025, https://oelawhk.lib.hku.hk/items/show/1043.