6 & 7 VICT., c. 94-1843.

An Act to remove doubts as to the exercise of Power and Jurisdiction by Her Majesty within divers countries and places out of Her Majesty's Dominions, and to render the same more effectual.

WH

HEREAS by treaty, capitulation, grant, usage, sufferance and other lawful means, Her Majesty hath power and jurisdiction within divers countries and places out of Her Majesty's Dominions;

And whereas doubts have arisen how far the exercise of such power and jurisdiction is controlled by, and dependent on the laws and customs of this Realm, and it is expedient that such doubts should be removed;

Be it therefore 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;

countries out

1. That it is and shall be lawful for Her Majesty to hold, The power acexercise and enjoy any power or jurisdiction which Her Ma- Majesty in jesty now hath or may at any time hereafter have within any of Her domicountry or place out of Her Majesty's Dominions, in the same and as ample a manner as if Her Majesty had acquired such power or jurisdiction by the cession or conquest of territory,

nions shall be

in the same terms as authority in

Her Majesty's

the Crown Colonies.

pur-uance of

be of the same

local laws.

2. And be it enacted, That every act, matter and thing Acts done in which may at any time be done, in pursuance of any such such power to power or jurisdiction of Her Majesty, in any country or place effect as it out of Her Majesty's Dominions, shall in all courts ecclesias- done under tical and temporal and elsewhere within Her Majesty's Dominions, be and be deemed and adjudged to be, in all cases and to all intents and purposes whatsoever, as valid and effectual as though the same had been done according to the local law then in force within such country or place.

ised to procure

State.

3. And be it enacted, That if in any suit or other proceed- Courts authorings, whether civil or criminal, in any court ecclesiastical or evidence of temporal within Her Majesty's Dominions, any issue or ques- such power by tion of law or of fact shall arise for the due determination Secterary of whereof it shall, in the opinion of the judge or judges of such court, be necessary to produce evidence of the existence of any such power or jurisdiction as aforesaid or of the extent thereof, it shall be lawful for the judge or judges of any such court, and he or they are hereby authorized to transmit, under his or their hand and seal or hands and seals, to one

of

Power to send persons charg

of Her Majesty's principal secretaries of state, questions by him or them properly framed respecting such of the matters aforesaid as it may be necessary to ascertain in order to the due determination of any such issue or question aforesaid; and such secretary of state is hereby empowered and required, within a reasonable time in that behalf, to cause proper and sufficient answers to be returned to all such questions, and to be directed to the said judge or judges, or their successors; and such answers shall, upon production thereof, be final and conclusive evidence, in any such suit or other proceedings, of the several matters therein contained and required to be ascertained thereby.

4. And whereas it may in certain cases be expedient that ed with crimes crimes and offences committed within such countries or places British Colony, as aforesaid, should be enquired of, tried, determined and punished within Her Majesty's Dominions;

for trial to a

Before any such person shall be sent to any Colony for trial he may tender any material

Be it enacted, That it shall and may be lawful for any person having authority derived from Her Majesty in that behalf, by warrant under his hand and seal, to cause any person charged with the commission of any crime or offence, the cognizance whereof may at any time appertain to any judge, magistrate or other officer of Her Majesty within any such country or place as aforesaid, to be sent for trial to any British Colony which Her Majesty may, by any Order or Orders in Council, from time to time, appoint in that behalf; and upon the arrival of such person within such Colony it shall and may be lawful for the Supreme Court exercising criminal jurisdiction within the same, to cause such person to be kept in safe and proper custody, and, so soon as conveniently may be, to enquire of, try and determine such crime or offence, and upon the conviction of the person so charged as aforesaid, to correct and punish him according to the laws in force in that behalf within such Colony, in the same manner as if the said crime or offence had been committed within the jurisdiction of such Supreme Court;

Provided always that before any such person shall be sent for trial to any such Colony as aforesaid, it shall be lawful for him to tender for examination to the judge, magistrate or other officer of Her Majesty, to whom the cognizance of the crime or offence with which he is charged may appertain unable to pro- within the country or place where the same may be alleged to and which have been committed, any competent witness or witnesses, shall be taken the evidence of whom he may deem material for his defence,

evidence that

he would be

duce on trial

down and

transmitted.

and whom he may allege himself to be unable to produce at his trial in the said Colony, and the said judge, magistrate or other officer shall thereupon proceed in the examination and cross-examination of such witness or witnesses in the same manner as though the same had been tendered at a trial before such judge, magistrate, or other officer,

and

and shall cause the evidence so taken to be reduced into writing, and shall transmit a copy of such evidence to the Supreme Court before which the trial of such person is to take place, together with a certificate under his hand and seal of the correctness of such copy; and thereupon it shall be lawful for the said Supreme Court, and it is hereby required to allow so much of the evidence so taken as aforesaid, as would have been admissible according to the law and practice of the said Supreme Court, had the said witness or witnesses been produced and examined at the trial before the said Court, to be read and received as legal evidence at such trial;

laws of the

the act was

those of the

may give effect

Provided also, that if it shall be made to appear at In case the such trial, that the laws by which the person charged with place in which any criminal act would have been tried had his trial taken committed place before a judge, magistrate, or other officer of Her Ma- vary from jesty in the country or place in which such act may be alleged Colony, Courts to have been committed, vary from or are inconsistent with to them. the laws in force within such colony in respect either of the criminality of the Act charged or of the nature or degree of the alleged crime or offence, or of the punishments to be awarded for the same; such Supreme Court is hereby empowered and required to admit and give effect to the laws by which such person would have been so tried as aforesaid, so far as, but not further or otherwise, than the same relate to the criminalty of such act, or to the nature or degree of such crime or offence, or to the punishment thereof;

Nothing herein

law respecting mitted out of

crimes com

Her Majesty's
Dominions.

Provided also, that nothing herein contained shall be con- to alter any strued to alter or repeal any law, statute or usage by virtue of which any crime or offence committed out of Her Majesty's Dominions might at the time of the passing of this Act be inquired of, tried, determined and punished within Her Majesty's Dominions, or any part thereof, but the same shall remain in full force and effect, anything herein contained to the contrary notwithstanding.

Power to send

imprisonment

5. And whereas it may likewise, in certain cases, be expe- convicts for dient that the sentences passed within such countries and execution or places as aforesaid at the trial of crimes and offences within to a British the same be carried into effect within Her Majesty's Domi- Colony.

nions;

Be it enacted, That if any offender shall have been sentenced to suffer death or imprisonment, for or in respect of any crime or offence of which such offender shall have been lawfully convicted before any judge, magistrate or other officer of Her Majesty within any such country or place as aforesaid, it shall be lawful for any person having authority derived from Her Majesty in that behalf, by warrant under his hand and seal, to cause such offender to be sent to any British

Colony

Limitation of
Actions.

24 G 2, c. 44.

Colony which Her Majesty may by any order or orders in council from time to time appoint in that behalf, in order that the sentence so passed such offender may be carried into effect within the same; and the magistrates, gaolers, and other officers, to whom it may appertain to give effect to any sentence passed by the Supreme Court exercising criminal jurisdiction within such Colony, are hereby empowered and required to do all acts and things necessary to carry into effect the sentence so passed upon such offender, in the same manner as though the same had been passed by such Supreme Court.

(Section 6 provided for transportation of such offenders, but this punishment is now abolished by Imp. Acts 20 & 21 Vict., c. 3, & 32 Vict., c. 10, sec. 3.)

any

7. And be it enacted, That if any suit or action shall be brought in any court within Her Majesty's Dominions against any person or persons for anything done in pursuance of such power or jurisdiction of Her Majesty as aforesaid, or of this Act, then and in every such case such action or suit shall be commenced or prosecuted within six months after the fact committed, and not afterwards, except where the cause of action shall have arisen out of Her Majesty's Dominions, and then within six months after the plaintiff or plaintiffs and defendant or defendants shall have been within the jurisdiction. of the court in which the same may be brought; and the same and every such action or suit shall be brought in the county or place where the cause of action shall have arisen, and not elsewhere, except where the cause of action shall have arisen out of Her Majesty's Dominions; and the defendant or defendants shall be entitled to the like notice, and shall have the like privilege of tendering amends to the plaintiff or plaintiffs, or their agent or attorney, as is provided in actions brought against any justice of the peace for acts done in the execution of his office by an Act passed in the twenty-fourth year of the reign of King George the Second, intituled, An Act for rendering Justices of the Peace more safe in the execution of their office, and for indemnifying constables and others acting in obedience to the warrants; and the defendant or defendants in every such action or suit may plead the general issue, and give the special matter in evidence; and if the matter or thing complained of shall appear to have been done under the authority and in the execution of any such power or jurisdiction of Her Majesty as aforesaid, or of this Act, or if any such action or suit shall be brought after the time limited for bringing the same, or be brought and laid in any other county or place than the same ought to have been brought or laid in as aforesaid, then the jury shall find for the defendant or defendants; and if the plaintiff or plaintiffs shall become nonsuit, or discontinue any action after the defendant or defendants shall have appeared, or if a

verdict

verdict shall pass against the plaintiff or plaintiffs, or, if upon demurrer, judgment shall be taken against the plaintiff or plaintiffs, the defendant or defendants shall and may recover treble costs, and have the like remedy for recovery thereof as any defendant or defendants hath or have in any cases of law. (Section 8 does not apply to this Province.)

(Section 9 provided that this Act might be altered, etc., by any Act passed in that Session.)

(28 & 29 Vict., c. 116, provides that, in the above Act, the term British Colony shall include, and be construed to include, any of Her Majesty's possessions out of the United Kingdom.)

10 & 11 VICT., c. 95-1847.

An Act to Amend the law relating to the Protection in the Colonies of Works entitled to Copyright in the United Kingdom.

W

HEREAS by an Act passed in the session of Parlia- 5&6 Vict., c. 45. ment holden in fifth and sixth years of Her present Majesty, intituled, An Act to amend the Law of Copyright, it is, amongst other things, enacted, that it shall not be lawful for any person not being the proprietor of the copyright, or some person authorized by him, to import into any part of the United Kingdom, or into any other part of the British Domnions, for sale or hire, any printed book, first composed, or written, or printed, or published, in any part of the United Kingdom wherein there shall be copyright, and reprinted in any country or place whatsoever out of the British Dominions.

And whereas, by an Act passed in the session of Parlia- 8 & 9 Vict., c. 93. ment holden in the eight and ninth years of the reign of Her present Majesty, intituled, An Act to regulate the Trade of the British Possessions abroad books wherein the copyright is subsisting, first composed, or written, or printed in the United Kingdom, and printed or reprinted in any other country are absolutely prohibited to be imported into the British Possessions abroad:

And whereas, by the said last recited Act it is enacted, that all laws, by-laws, usages, or customs in practice or endea