in the way in which Sir R. M. Lefevre
drafted the convention
I have sent you the following
despatch & Advices relating to the
banishment & deported criminals.
pr. no: 12270/70.
1145-11387-
11380
I do not send
4/7. U.S. Leone
In this and N. 3.
June
with a copy of
the Attorney General's report to both to Parliament
I request the forwarding
of despatch, and remarks thereon.
To the
I am in
opposition to the
proposed change, with certain limitations to secure that the
the frontier
at.
tom line
the "Examination should be confined to the charge - But it might work well in England, not in this Colony.
further reply is promised
by next Mail, so that this reference will either be
delayed until then
My 15 Ordinance No 4.
has received such reply.
This Ordinance was drawn out
modified in accordance with the permission framed by Buckingham in his despatch of
August 1867.
Sir Mowbray
HW Haggard
3839
R
June 13/72
2360 HK
77
Extract from
Despatch will be found
in favour of
the Branding with the consent of the Prisoner, &
under the
very
peculiar circumstances
I concur with them. But I differ from
Kimberley
on 4224 that he is
not prepared to assent to this
dealing with criminals, and unless his
opinion is changed, the assent to the Ordinance which has a pending clause should be withheld.
However Lord Kimberley is willing to revive the Experiment branding, there remains the question of flogging upon conviction for a crime
referred to the Money.
after
a convict
The views of Lord MacDonnell, and those of Lord Kimberley upon this point.
will be found
Divested upon 4222/24
When
the crime, which has
The Ordinance does not specify shall render the criminal liable to flogging, must be in the opinion of the Court "of brutal, inveterate
Measures
or mischievous as to justify extraordinary
here is the Supreme Court. and as the fact
✓
on his Lordship to think that sufficient power is vested
hardly
of Flogging.
unscrupulous sentences
It might however be as well to state
"I understand the term is not to refer
the Supreme Court only
I not to include magistrates
in whom the power is not considered to be vested.
J.T.H.
1/6
Smates us
I would refer the Ordinance des 3 to Major General
& Mr. Hohdun, with opinion that
regard
To Admiral No 4 I retain the same
my brief minute on 4224. With reference
to Lord Kimberley's minute following, I would remark that
Page 535
MINUTE PAPER.