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ACT

OF THE

PARLIAMENT OF THE UNITED KINGDOM

OF

GREAT BRITAIN AND IRELAND

PASSED IN THE SESSION HELD IN THE

37TH AND 38TH YEARS OF THE REIGN OF HER MAJESTY

QUEEN VICTORIA,

BEING THE FIRST SESSION OF THE TWENTY-FIRST PARLIAMENT OF

THE UNITED KINGDOM.

PRINTED BY BROWN CHAMBERLIN,

LAW PRINTER (FOR CANADA) TO THE QUEEN'S MOST EXCELLENT MAJESTY,

ANNO DOMINI, 1874.

An Act to regulate the Sentences imposed by Colonial
Courts where jurisdiction to try is conferred by
Imperial Acts.

[30th June 1874.]

HEREAS by certain Acts of Parliament jurisdiction is Preamble. conferred on courts in Her Majesty's colonies to try persons charged with certain crimes or offences, and doubts have arisen as to the proper sentences to be imposed upon conviction of such persons; and it is expedient to remove such doubts:

Be 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 for all purposes as The Courts Short title. (Colonial) Jurisdiction Act, 1874.

2. For the purposes of this Act,

The term "colony" shall not include any places within the United Kingdom, the Isle of Man, or the Channel Islands but shall include such territories as may for the time being be vested in Her Majesty by virtue of an Act of Parliament for the Government of India, and 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.

Definition of term "colony"

to be passed, a person is tried in a court of any colony for any crime any colonial 3. When, by virtue of any Act of Parliament now or hereafter At trials in or offence committed upon the high seas or elsewhere out of the virtue of

courts by

territorial Imperial Acts,

courts em-
powered to

Courts (Colonial) Jurisdiction.

territorial limits of such colony and of the local jurisdiction of such
pass sentences court, or if committed within such local jurisdiction made punish-

as if crimes
had been
committed in
the colony.

able by that Act, such person shall, upon conviction, be liable to
such punishment as might have been inflicted upon him if the
crime or offence had been committed within the limits of such
colony and of the local jurisdiction of the court, and to no other,
anything in any Act to the contrary notwithstanding: Provided
always that if the crime or offence is a crime or offence not
punishable by the law of the colony in which the trial takes place,
the person shall, on conviction, be liable to such punishment (other
than capital punishment) as shall seem to the court most nearly
to correspond to the punishment to which such person would have
been liable in case such crime or offence had been tried in England.

OTTAWA Printed by BROWN CHAMBERLIN, Law Printer (for Canada)
to the Queen's Most Excellent Majesty.

ACTS

OF THE PARLIAMENT

OF THE

DOMINION OF CANADA,

PASSED IN THE

THIRTY-SIXTH YEAR OF THE REIGN OF HER MAJESTY

QUEEN VICTORIA,

AND IN THE

FIRST SESSION OF THE SECOND PARLIAMENT,

Begun and holden at Ottawa, on the fifth day of March, and closed by
Prorogation on the thirteenth day of August, 1873.

HIS EXCELLENCY

THE RIGHT HONOURABLE SIR FREDERICK TEMPLE, EARL OF DUFFERIN,

GOVERNOR GENERAL.

OTTAWA :

PRINTED BY BROWN CHAMBERLIN,

LAW PRINTER TO THE QUEEN'S MOST EXCELLENT MAJESTY.

ANNO DOMINI, 1874.