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Courts (Colonial) Jurisdiction Act 1874

37 & 38 Vict. c. 27 · Enacted 30 June 1874 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 February 1991.

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

[30th June 1874]C1

Annotations to the whole text

Modifications

C1

Preamble omitted under authority of Statute Law Revision (No. 2) Act 1893 (c. 54)

Contents

  1. 1Short title.
  2. 2Definition of term “colony.”
  3. 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 3At trials in any colonial courts by virtue of Imperial Acts, courts empowered to pass sentences as if crimes had been committed in the colony.

1Short title.

This Act may be cited for all purposes as The Courts (Colonial) Jurisdiction Act 1874.

2Definition of term “colony.”

For the purposes of this Act,

The term “colony” shall not include any places within the United Kingdom, the Isle of Man F1The Channel Islands, . . . F2 but shall include 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.

2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

3At trials in any colonial courts by virtue of Imperial Acts, courts empowered to pass sentences as if crimes had been committed in the colony.

When, by virtue of any Act of Parliament now or hereafter to be passed, a person is tried in a court of any colony for any crime or offence committed upon the high seas or elsewhere out of the territorial limits of such colony and of the local jurisdiction of such court, or if committed within such local jurisdiction made punishable 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.