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effect the sentence described in such warrant; and such sentence shall be deemed to commence from and to include the day on which the said sentence was pronounced.
5. The warrant to be issued by the Governor under this Form of Ordinance may be according to the Form in the Schedule hereto warrant. with such variations and additions as the circumstances of the particular case may require, and when so used shall be good and sufficient in law..
6. No writ of habeas corpus or other process calling in question No habeas the legality of any imprisonment under or by virtue of the corpus. provisions of this Ordinance or of any other matter connected therewith shall have any effect within the Colony.
FORM OF WARRANT.
Colony of Southern Nigeria.
IN THE MATTER of "The Native Court Convicts Imprisonment
duly for that
To and to the Keeper of the Prison at WHEREAS was on the day of 19 convicted by a duly constituted Native Tribunal at he on the day of did ( here state offence of which prisoner was convicted) and was sentenced to be imprisoned (with hard labour if so ordered) for the term of And whereas the said has been proved to be an habitual criminal (or, a danger to the peace of the community) And whereas the said Native Tribunal has requested that the said do serve the said term of imprisonment (or, part of the said term of imprisonment) in one of the Prisons of the Colony; And whereas under the powers conferred upon me in that behalf by "The Native Court Convicts Imprisonment Ordinance," I have ordered that the said do serve the said term of imprisonment (or, part of the said term of imprisonment) in the Prison at This is to command you the said to take the said and him safely to convey to the Prison at and there deliver him to the Keeper thereof, together with this warrant, and you the said Keeper are hereby commanded to receive the said into your custody in the said Prison and there to imprison him (with hard labour) until the day of and for so doing this shall be your sufficient warrant. Given at Lagos under my hand this
(P. No. 18-1900.)
1. This Ordinance may be cited as "The Deportation of and applica- Prisoners Ordinance," and applies only to the Central and Eastern
Provinces of the Protectorate.
2. Where a person is convicted of an offence before a Divisional person may be Court of the Supreme Court, the Court may, in addition to any deported. other punishment, sentence him to be deported to any part of the Colony or Protectorate or such other portion of His Majesty's dominions as the Governor with the concurrence of the Secretary of State may from time to time direct.
Security for good be
3. Where, upon or without any complaint or charge made, it appears to the Court that there is reason to believe that any person is about to commit a breach of the peace or that his conduct is deportation. likely to produce or excite to a breach of the peace, the Court may
order him to give security for peace and good behaviour, or in default may order him to be deported as aforesaid.
Duration of order.
Detention pending deportation.
Returning while order in force -Penalty.
4. An order for deportation may be expressed to be enforced for a time to be limited therein or for an unlimited time.
5. The person to be deported may be detained in custody until a fit opportunity for his deportation occurs.
6. When any person is to be deported a warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named and to carry him to and deliver him up at the place named according to the warrant. Such warrant shall be in the form given in the Schedule hereto.
7. If a person deported from a District returns while the order is in force without the written consent of the Court or of the Governor-which consent may be given subject to any terms as to security for good behaviour or otherwise-he shall be liable to imprisonment for a period not exceeding six months with or without hard labour and with or without a money penalty not
exceeding £50 or to a money penalty alone not exceeding £50, and in addition to any such punishment he may again be deported on a fresh warrant under the original order or under a new order.
8. The Court may order the person deported to pay expenses of Costs of his deportation to an amount specified in the order.
WARRANT OF DEPORTATION.
In the Supreme Court of Southern Nigeria.
To A. B. and other Officers of this Court.
C. D., of
You are therefore hereby commanded with proper assistance to remove the said C. D., and to convey him to and deliver him to or such other Officer as may be authorized to receive him. Dated at this day of
Signature of Judge.
having been ordered by this Court to be
Prisoner may be removed by warrant.
Warrant to accompany prisoner transferred and to be sufficient authority to receive.
1. This Ordinance may be cited as "The Transfer of Prisoners Ordinance."
2. Whenever it shall appear expedient to the Governor for any reason that any prisoner convicted by a duly constituted Tribunal in any part of the Colony or Protectorate shall be transferred to any of the Prisons mentioned in the First Schedule attached to this Ordinance it shall be lawful for the Governor to order by warrant that the said prisoner do serve the whole or any part of the term of imprisonment to which such prisoner has been sentenced in the Prison mentioned in the said warrant and such prisoner shall accordingly be transferred to and imprisoned in the said Prison to undergo the unexpired portion of his sentence and shall be subject to all the rules and regulations for the time being in force in and relating to such prison in all respects as though he had been originally confined in the said Prison.
3. A warrant under the hand of the Governor or Colonial dressed to the Secretary addressed to the Keeper of the Prison from which a keeper of
prison sufficient authority to transfer.
prisoner is to be transferred shall be sufficient authority for delivering such prisoner. Every such warrant shall be in Form A. in the Second Schedule hereto.
4. A warrant under the hand of the Governor or Colonial Secretary addressed to the Keeper of the Prison to which the prisoner is to be transferred shall accompany every prisoner transferred under section 2. Such warrant shall be in Form B. in the Second Schedule hereto and shall be sufficient authority for receiving the said prisoner and for carrying into effect the sentence described in such warrant.
5. When a prisoner is transferred from one prison to another the Keeper of the Prison from which such prisoner is transferred &c. to be sent shall send with him to the Keeper of the Prison to which he is with prisoner. transferred, the original warrant or order of Court under which.
Original warrant, history sheet,
the said prisoner was committed (or a certified copy thereof), his marks Register (if under the mark system), his history sheet and any money and clothing belonging to him in the possession of the Keeper of the Prison at the time of his transfer.
6. No Writ of Habeas Corpus or other process calling in No habeas question the legality of any imprisonment under or by virtue of corpus. the provisions of this Ordinance or of any other matters connected therewith shall have any effect.
7. If a prisoner transferred under this Ordinance while in Recapture in custody by breach of prison or otherwise escapes out of custody he event of may be retaken in the same manner as a person convicted of a crime escape. against the law of the place to which he escapes may be retaken upon an escape.
8. The Governor in Council may make and when made amend Governor in and revoke, rules and regulations for the proper carrying out of Council may this Ordinance, and may add to the list of prisons in Schedule I. any building declared to be a prison under the Prisons Ordinance. The said rules and regulations or any of them may be revoked or altered by resolution of the Legislative Council, which resolution shall for the purpose of effecting any such revocation or alteration have the same force as an Ordinance, and every such revocation or alteration shall come into immediate operation upon the passing of such resolution or at such date as shall be thereby provided subject to disallowance by His Majesty.
9. Nothing in this Ordinance contained shall restrict the power Saving. now possessed to remove prisoners from one prison to another under the provisions of any law or Ordinance in force within the Colony or Protectorate or any part thereof.