escaping to the Colonies. all Constables and other Peace Officers in that Part of the United Kingdom where the said Warrant shall be so endorsed, to execute the said Warrant, by apprehending the Person against whom such Warrant is directed, and to convey the said Person before a Justice of the Peace for the County or other Jurisdiction in which the supposed Offender shall be apprehended, or in Scotland either before such Justice of the Peace or before the Sheriff Depute or Substitute. For Apprchen- II. And to remedy the like Failure of Justice by the Escape sion of Offenders of Persons charged with having committed Offences into those Parts of Her Majesty's Dominions which do not form Part of the said United Kingdom, be it enacted, That from and after the passing of this Act, if any Person charged with having committed any Offence such as is herein-after mentioned in any Part of Her Majesty's Dominions, whether or not within the said United Kingdom, and against whom a Warrant shall be issued by any Person or Persons having lawful Authority to issue the same, shall be in any other Part of Her Majesty's Dominions not forming Part of the said United Kingdom, it shall be lawful for the Chief Justice or any other Judge of Her Majesty's Superior Court of Law within that other Part of Her Majesty's Dominions where such Person shall be to endorse his Name on such Warrant, which Warrant so endorsed shall be a sufficient Authority to the Person or Persons bringing such Warrant, and also to all Persons to whom such Warrant was originally directed, and also to all Peace Officers of the Place where the Warrant shall be so endorsed, to execute the same within the Jurisdiction of the Person by whom it shall be so endorsed, by apprehending the Person against whom such Warrant is directed, and to convey him before a Magistrate or other Person having Authority to examine and commit Offenders for Trial in that Part of Her Majesty's Dominions. Offender may be committed to Gaol until he can be sent back to the Place where the Offence was committed. III. And be it enacted, That it shall be lawful for any Person duly authorized to examine and commit Offenders for Trial before whom any such supposed Offender shall be brought as aforesaid, upon such Evidence of Criminality as would justify his Committal if the Offence had been committed in that Part of Her Majesty's Dominions, to commit such supposed Offender to Prison, there to remain until he can be sent back, in manner herein-after mentioned, to that Part of Her Majesty's Dominions in which he is charged with having committed such Information of Offence; and immediately upon the Committal of such Person Information thereof in Writing under the Hand of the committing Magistrate, accompanied by a Copy of the said Warrant, shall be given, in Great Britain, to One of Her Majesty's Principal Secretaries of State, and in Ireland to the Chief Secretary of the Lord Lieutenant, and in any other Part of Her Majesty's Dominions to the Governor or acting Governor. Committal to be given. Copies of Depositions may be given in Evidence. IV. Provided always, and be it enacted, That in every such Case Copies of the Depositions upon which the original Warrant was granted, certified under the Hand of the Person or Persons issuing such Warrant, and attested upon the Oath of of the Party producing them to be true Copies of the original Depositions, may be received in Evidence of the Criminality of the Person so apprehended. be sent to the V. And be it enacted, That it shall be lawful, in Great Britain, Offenders apfor any One of Her Majesty's Principal Secretaries of State, and prehended to in Ireland for the Chief Secretary of the Lord Lieutenant, and Place where the in any other Part of Her Majesty's Dominions for the Governor Offence was or acting Governor, by Warrant under his Hand and Seal, committed; to order any Person who shall have been so apprehended and committed to Gaol to be delivered into the Custody of some Person or Persons, to be named in the said Warrant, for the Purpose of being conveyed into that Part of Her Majesty's Dominions in which he is charged with having committed the Offence, and being delivered into the Custody of the proper Authorities there, to be dealt with in due Course of Law as if he had been there apprehended, and to order that the Person so committed to Gaol be so conveyed accordingly; and if the said Person, after he shall have been so apprehended, shall escape out of any Custody to which he shall have been committed as aforesaid, it shall be lawful to retake such Person in the same Manner as any Person accused of any Crime against the Laws of that Part of Her Majesty's Dominions may be retaken upon an Escape. Months after VI. And be it enacted, That where any Person who shall if not sent have been committed to Gaol under this Act shall not be con- within Two veyed out of that Part of Her Majesty's Dominions in which Committal, may he shall have been so committed to Gaol within Two Calendar apply to be Months after such Committal, over and above the Time discharged. actually required to convey the Prisoner from the Gaol to which he was committed by the readiest Way out of that Part of Her Majesty's Dominions, it shall be lawful for any of Her Majesty's Judges in that Part of Her Majesty's Dominions in which such supposed Offender shall be in Custody, upon Application made to him or them by or on behalf of the Person so committed, and upon Proof made to him or them that reasonable Notice of the Intention to make such Application has been given to One of Her Majesty's Principal Secretaries of State in Great Britain, or in Ireland to the Chief Secretary of the Lord Lieutenant of Ireland, or to the Governor or acting Governor in any other Part of Her Majesty's Dominions, to order the Person so committed to be discharged out of Custody, unless sufficient Cause shall be shown to such Judge or Judges why such Discharge ought not to be ordered. indicted within VII. And be it enacted, That in case any Person appre- Persons apprehended under this Act shall not be indicted for the Offence hended if not for which he shall have been so apprehended within the Period Six Months, of Six Calendar Months after his Arrival in that Part of Her Majesty's Dominions in which he is charged to have committed victed, may be the Offence, or if upon his Trial he shall be acquitted, it shall be lawful, in Great Britain, for One of Her Majesty's Principal Secretaries of State, and in Ireland for the Chief Secretary of the Lord Lieutenant of Ireland, and for the Governor or sent back. Warrant not to be endorsed, except in Cases of Treason and Felony, &c. 6 & 7 VICT. acting Governor in any other Part of Her Majesty's Dominions, if he shall think fit, upon the Request of the Person so apprehended, to cause such Person to be sent back, free of Cost to such Person, and with as little Delay as possible, to that Part of Her Majesty's Dominions in which he shall have been so apprehended. VIII. And be it enacted, That the Court before which any Person apprehended under this Act shall be prosecuted or tried within the said United Kingdom may order, if it shall think fit, that the Expences of apprehending and removing the Prisoner from any Part of Her Majesty's Dominions not within the said United Kingdom to any Place within the said United Kingdom shall be repaid to the Person defraying the same by the Treasurer of the County or other Jurisdiction in England or Ireland, or by the Sheriff Depute or Substitute of the County in Scotland, in which the Offence is charged to have been committed, the Amount of such Expences being previously ascertained by an Account thereof, verified by Production of proper Vouchers before Two Justices of the Peace of such County or other Jurisdiction, which last-mentioned Justices shall examine into the Correctness of the said Account, and shall allow the same, or such Part thereof as shall to them appear just and reasonable, under their Hands and Seals; and every Treasurer, or Sheriff Depute or Substitute, who shall pay the Amount so ascertained, shall be allowed such Payment in his Accounts respecting the Business of such County or other Jurisdiction. IX. Provided always, and be it enacted, That it shall not be lawful for any Person to endorse his Name on any such Warrant, for the Purpose of authorizing the Apprehension of any Person under this Act, until it shall have been proved to him, upon Oath or by Affidavit, that the Seal or Signature upon the same is the Seal or Signature of the Person having lawful Authority to issue such Warrant whose Seal or Signature the same purports to be. the X. Provided also, and be it enacted, That it shall not be lawful for any Person to endorse his Name upon any such Warrant, for the Purpose of authorizing the Apprehension of any Person under this Act, unless it shall appear upon Face of the said Warrant that the Offence which the Person for whose Apprehension the said Warrant has been issued is charged to have committed is such that, if committed within that Part of Her Majesty's Dominions where the Warrant is so endorsed, it would have amounted in Law to a Treason or some Felony, such as the Justices of the Peace in General or Quarter Sessions assembled have not Authority to try in England, under the Provisions of an Act passed in the Sixth Year of the Reign 5&6 Vict. c. 38. of Her Majesty, intituled An Act to define the Jurisdiction of Justices in General and Quarter Sessions of the Peace, or unless the Depositions appear sufficient to warrant the Committal of such Person for Trial. Act may be amended, &c. XI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament. 6 6 CAP. XXXV. An Act to amend so much of an Act of the last Session, for the Government of New South Wales and Van Diemen's Land, as relates to Norfolk Island. [28th July 1843.] WHEREAS by an Act passed in the last Session of Par liament, intituled An Act for the Government of New 5&6 Vict. c. 76. • South Wales and Van Diemen's Land, it was enacted, that it 'should be lawful for Her Majesty to define the Limits of the Colony of New South Wales, and to erect into a separate Colony any Territories comprised within the said Colony, provided that no Part of the Territories lying Southward of 'the Twenty-sixth Degree of South Latitude in the said Colony of New South Wales should be detached from the said Colony And whereas it is expedient that Norfolk Island 'should be severed from the Government of New South Wales, and annexed to the Government of Van Diemen's Land; but inasmuch as Norfolk Island lies Southward of the Twenty'sixth Degree of South Latitude, it may be doubted if such Severance can be made without Authority of Parliament:' 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, That it shall be lawful for Her Norfolk Island Majesty, by Letters Patent under the Great Seal of the United may be annexed Kingdom of Great Britain and Ireland, to sever Norfolk Island Land. from the Government of New South Wales and from the Diocese of Australia, and to annex it to the Government and Colony of Van Diemen's Land and to the Diocese of Tasmania, from and after a Day to be mentioned in such Letters Patent; and from and after such Day Norfolk Island shall cease to belong to the Colony of New South Wales and to the Diocese of Australia, and shall be taken to be a Part of the Colony of Van Diemen's Land and of the Diocese of Tasmania. to Van Diemen's II. Provided always, and be it enacted, That, until an- Continuance of nulled or altered by competent Authority, all Laws, Ordi- Laws and Ordinances, and Regulations, Civil and Ecclesiastical, in force nances. within Norfolk Island at the Time when such Letters Patent shall take effect shall continue in force as if Norfolk Island had continued a Part of the Colony of New South Wales and of the Diocese of Australia, subject only to such Changes as shall be necessarily consequent upon the Change of Government. Scientific Societies exempted CAP. XXXVI. An Act to exempt from County, Borough, Parochial, clusively for Purposes of Science, Literature, or the Certificate herein-after mentioned. Scientific Societies to cause Three Copies of Person appoint ed to certify ties, who shall II. Provided always, and be it enacted, That before any Society shall be entitled to the Benefit of this Act such Society their Rules of shall cause Three Copies of all Laws, Rules, and Regulations Management to for the Management thereof, signed by the President or other be submitted to chief Officer and Three Members of the Council or Committee of Management, and countersigned by the Clerk or Secretary of such Society, to be submitted, in England, Wales, and Berwick-upon-Tweed, to the Barrister at Law for the Time being appointed to certify the Rules of Friendly Societies there, and in Scotland to the Lord Advocate, or any Depute appointed by him to certify the Rules of Friendly Societies there, and in Ireland to the Barrister for the Time being appointed to certify the Rules of Friendly Societies there, for the Purpose of ascer taining whether such Society is entitled to the Benefit of this Act; and such Barrister or Lord Advocate, as the Case may be, shall give a Certificate on each of the said Copies that the Society so applying is entitled to the Benefit of this Act, or shall state in Writing the Grounds on which such Certificate is withheld; and one of such Copies, when certified by such Barrister or Lord Advocate, shall be returned to the Society, another if entitled. One certified 1 |