"Governor:" "Legislative body." Sect. 4. of 6 G. 4. c. 69. repealed. Prisoners may be removed from one colony to another for purposes of punishment. Removal of prisoners to be by warrant. Colonial Prisoners Removal. tory, or settlement situate elsewhere within Her Majesty's The term 66 of 3. The fourth section of the Act passed in the sixth year the reign of His late Majesty King George the Fourth, intituled "An Act for punishing offences committed by transports kept to "labour in the colonies, and better regulating the powers of justices of the peace in New South Wales," is hereby repealed, except so far as may be necessary for supporting or continuing any proceedings taken thereunder. 66 4.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 other 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 as 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 agreement 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 Her Majesty has been given to any such agreement as aforesaid relating to the removal of prisoners from one colony to another for the purpose of undergoing their punishment, any prisoners under sentence or order of transportation, imprisonment, or penal servitude may be removed from such one colony 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 prisoner therein named to such other colony, and to deliver him when there into the custody of any authority designated in such warrant, or empowered by the governor of such last-mentioned colony to receive such prisoner. Colonial Prisoners Removal. 6. Every prisoner shall, from the time of his leaving his prison Prisoner in in one colony to the time of his reaching his prison in the other legal custody colony, be deemed to be in the legal custody of the person or during removal. persons empowered to remove him, and to be subject to the same restraint, 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 eustody, 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 confinement 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 being 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. which he is 7. Every prisoner shall, upon his delivery to the person having Liability of lawful authority to receive him in the colony to which he is prisoner in removed, be subject within such colony to the same laws and colony to regulations, and shall be dealt with in all respects in the same removed. manner, as if he 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. 8. And whereas from time to time divers prisoners have been removed from one of Her Majesty's colonies to another, and doubts have been entertained whether such removals were legal, and how far such prisoners could be legally dealt with in the colonies to which they have been removed, and it is expedient that such doubts should be removed: Be it enacted as follows: The removal of any prisoner heretofore made from one colony to another by or under the authority of the governor of either of such colonies, and any act done in relation to such removal by or under such authority, and the detention, custody, and treatment in either colony of the prisoner so removed, shall be deemed to have been as lawful and effectual for all purposes whatsoever as if this Act had been passed at the time of such removal, and had been in force in respect of both the colonies referred to in this section, and such removal had been duly made in pursuance of this Act. CHAP. 11. An Act for amending the Law relating to the Coasting BE it enacted by the Queen's most Excellent Majesty, by and Removals heretofore made to be valid for all purposes. Short title. Definition of terms: "Legislature." Commencement of Act. Regulation of coasting trade by colonial legislature. Sects. 328 and 163 of 16 & 17 Vict. c. 107. repealed. Merchant Shipping (Colonial), 1869. Preliminary. 1. This Act may be cited as The Merchant Shipping (Colonial) Act, 1869. 2. In this Act unless the context otherwise requires,- The term "legislature" includes any person or persons who 3. This Act shall be proclaimed in every British possession by the governor thereof as soon as may be after he receives notice of this Act, and shall come into operation in that British possession on the day of such proclamation, which day is herein-after referred to as the commencement of this Act. Coasting Trade. 4. After the commencement of this Act the legislature of a British possession, by any Act or Ordinance, from time to time, may regulate the coasting trade of that British possession, subject in every case to the following conditions: (1.) The Act or Ordinance shall contain a suspending clause, providing that such Act or Ordinance shall not come into operation until Her Majesty's pleasure thereon has been publicly signified in the British possession in which it has been passed. (2.) The Act or Ordinance shall treat all British ships (including the ships of any British possession) in exactly the same manner as ships of the British possession in which it is made. (3.) Where by treaty made before the passing of this Act Her Majesty has agreed to grant to any ships of any foreign state any rights or privileges in respect of the coasting trade of any British possession, such rights and privileges shall be enjoyed by such ships for so long as Her Majesty has already agreed or may hereafter agree to grant the same, anything in the Act or Ordinance to the contrary notwithstanding. 5. The following sections of The Customs Consolidation Act, 1853, are hereby repealed; namely, Section three hundred and twenty-eight as from the commencement of this Act: Section one hundred and sixty-three as from the date in the case of each British possession at which either an Act or Ordinance with respect to the coasting trade made within two years after the commencement of this Act in such British possession comes into operation, or if there is no such Act or Ordinance, at which the said two years expire. Merchant Shipping (Colonial), 1869. Naval Stores. Merchant Shipping. 6. It shall be lawful for Her Majesty, by Order in Council, Registrars of from time to time to declare, with respect to the British possession British ships mentioned in the order, the description of persons who are to be in British registrars of British ships in that British possession, and to revoke any order so made. After the date specified in the order, or, if no date is specified, after the date of the proclamation of the order in the British possession, the order shall have effect as if it were contained in section thirty of The Merchant Shipping Act, 1854. 7. In the construction of The Merchant Shipping Act, 1854, and of the Acts amending the same, Canada shall be deemed to be one British possession. possessions. Application of Merchant Shipping Acts to Canada. Colonial certificates to master, mates, 8. Where the legislature of any British possession provides for the examination of, and grant of certificates of competency to persous intending to act as masters, mates, or engineers on board British ships, and the Board of Trade reports to Her Majesty that and engineers. they are satisfied that the examinations are so conducted as to be equally efficient as the examinations for the same purpose in the United Kingdom under the Acts relating to Merchant Shipping, and that the certificates are granted on such principles as to show the like qualifications and competency as those granted under the said Acts, and are liable to be forfeited for the like reasons and in the like manner, it shall be lawful for Her Majesty, by Order in Council, 1. To declare that the said certificates shall be of the same force as if they had been granted under the said Acts: 2. To declare that all or any of the provisions of the said Acts which relate to certificates of competency granted under those Acts shall apply to the certificates referred to in the said order: 3. To impose such conditions and to make such regulations with respect to the said certificates, and to the use, issue, delivery, cancellation, and suspension thereof, as to Her Majesty may seem fit, and to impose penalties not exceeding fifty pounds for the breach of such conditions and regulations. Upon the publication in the London Gazette of any such Order in Council as last aforesaid, the provisions therein contained shall, from a date to be mentioned for the purpose in such order, take effect as if they had been contained in this Act. It shall be lawful for Her Majesty in Council to revoke any order made under this section. CHAP. 12. An Act for Protection of Naval Stores. BE [13th May 1869.] E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as The Naval Stores Act, 1869. Short title. Naval Stores. Interpretation of terms. 30 & 31 Vict. Marks in Obliteration with intent to conceal. Power for policemen of metropolitan force to stop suspected persons, &c., and punishment for possession, &c. Prohibition of sweeping, &c. within 100 yards of dockyards, &c. 2. In this Act The term "the Admiralty" means the Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral: The term "stores includes all goods and chattels, and any single store or article. 3. The Naval Stores Act, 1867, is hereby repealed; but this repeal shall not apply or have effect to or in respect of any offence, act, or thing committed or done before the passing of this Act, or affect the revivor of any enactment revived by the Act hereby repealed. 4. The marks described in the schedule to this Act may be applied in or on stores therein described in order to denote Her Majesty's property in stores so marked; and it shall be lawful for the Admiralty, their contractors, officers, and workmen, to apply those marks, or any of them, in or on any such stores; and if any person without lawful authority (proof of which authority shall lie on the party accused) applies any of those marks in or on any such stores he shall be guilty of a misdemeanor, and shall on conviction thereof be liable to be imprisoned for any term not exceeding two years, with or without hard labour. 5. If any person with intent to conceal Her Majesty's property in any stores takes out, destroys, or obliterates, wholly or in part, any such mark as aforesaid, he shall be guilty of felony, and shall on conviction thereof be liable in the discretion of the court before which he is convicted to be kept in penal servitude for any term not exceeding five years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. 6. A constable of the metropolitan police force may, within any of Her Majesty's dock, victualling, or steam factory yards, and the area connected therewith, for which he is sworn, stop, search, and detain any vessel, boat, or vehicle in or on which there is reason to suspect that any of Her Majesty's stores stolen or unlawfully obtained may be found, or any person reasonably suspected of having or conveying in any manner any of Her Majesty's stores stolen or unlawfully obtained; and if any person is brought before two justices of the peace charged with having or conveying in any manner any of Her Majesty's stores reasonably suspected of being stolen or unlawfully obtained, and does not give an account to the satisfaction of the justices how he came by the same, he shall be deemed guilty of a misdemeanor, and shall be liable, on summary conviction before two justices, to a penalty not exceeding five pounds, or, in the discretion of the justices, to be imprisoned for any term not exceeding two months, with or without hard labour. 7. It shall not be lawful for any person, without permission in writing from the Admiralty, or from some person authorized by the Admiralty in that behalf, (proof of which permission shall lie on the party accused,) to gather or search for stores, or to creep, sweep, or dredge in the sea or any tidal water, within one hundred yards from any vessel belonging to Her Majesty or in Her Majesty's |