161
PUBLIC RECORD OFFICE
Reference :-
CO. 885
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COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-
PUBLIC RECORD
ALLY WITHOUT
SION OF THE
CE, LONDON
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" (2.) That in the case of any other male offender the number of strokes do not exceed
fifty at each such whipping:
"
(3.) That in each case the Court in its sentence shall specify the number of strokes "to be inflicted and the instrument to be used:
"Provided that in no case shall such whipping take place after the expiration of six "months from the passing of the sentence; provided also, that every such whipping to "be inflicted on any person sentenced to penal servitude shall be inflicted on him before " he shall be removed to a convict prison with a view to his undergoing his sentence of "penal servitude.”
(B) Boys under 16 convicted on indictment.
(1.) Boys under 16 are subject to be whipped in the same cases as adults.
(2.) They are also subject to whipping for a large number of offences under the Criminal Law Consolidation Acts, 1861 (24 & 25 Vict. caps. 96, 97, 100), as set forth below:-
(a.) by the Larceny Act, 1861, under the following sections :-
4. Simple larceny.
7. Larceny after a conviction for felony.
8. Larceny after a conviction of an indictable misdemeanour under this Act.
9. Larceny after two summary convictions.
12. Stealing deer in an unenclosed part of a forest, after a previous conviction of any
offence relating to deer.
13. Stealing deer in any enclosed ground.
1. Resistance to keepers, &c., in the execution of their duty.
31. Stealing, &c., metal, glass, wood, &c. fixed to house or land.
32. Stealing, &c., trees in pleasure grounds of the value of £1, or elsewhere of the value
of £5.
33. Stealing trees, shrubs, &c., wheresoever growing, and of any value above 1s., after two
previous convictions of any such offence.
36. Stealing, &c., any fruit or vegetable production in a garden, &c., after a previous
conviction of any such offence.
44. Sending, &c., a letter demanding money with menaces.
46. Sending, &c., letter threatening to accase of crime with intent to extort.
47. Accusing or threatening to accuse of crime with intent to extort.
67. Larceny by clerks or servants.
68. Embezzlement by clerks or servants.
74. Stealing by tenant or lodger of chattel or fixture let to hire with house or lodgings.
91. Receiving where the principal is guilty of felony.
95. Receiving where the principal has been guilty of misdemeanour.
101. Taking a reward for helping to recover stolen property without bringing the offender
to trial."
(b.) by the Malicious Injuries to Property Act, 1861, under the following
sections :
1. Setting fire to a church or chapel.
2. Setting fire to a dwelling-house, any person being therein.
3. Setting fire to a house, out-house, manufactory, farm building, &c.
4. Setting fire to any railway station.
5. Setting fire to any public building.
6. Setting fire to other buildings.
7. Setting fire to goods in any building the setting fire to which is felony.
8. Attempting to set fire to buildings.
9. Destroying or damaging a house with gunpowder, any person being therein.
10. Attempting to destroy buildings with gunpowder.
14. Destroying goods in process of manufacture, certain machinery, &c.
15. Destroying machines in other manufactures, threshing machines, &c
16. Betting fire to crops of corn, &c.
17. Setting fire to stacks of corn, &c.
18. Attempting to set fire to any crops of corn, &c., or to any stack or steer.
19. Destroying hop-binds.
20. Destroying or damaging trees, shrubs, &c., to the value of more than £1, growing in a
pleasure ground, &c.
*This offence is punishable by whipping if the person convicted is a male under the age of eighteen.
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21. Destroying or damaging trees, shrubs, &c. of the value of more than £5, growing else-
where than in a pleasure ground, &c.
22. Damaging trees, wheresoever growing, to the amount of 1s., after two previons con-
victions of any such offence.
23. Destroying any fruit or vegetable products in a garden, after a previous conviction of
such offence.
26. Setting fire to a coal mine.
27. Attempting to set fire to a mine.
28. Conveying water into a mine, obstructing the shaft, &c.
29. Damaging steam engines, staiths, waggon-ways, &c. for working mines.
30. Destroying any sea bank, or wall, or any canal.
31. Removing the piles of any sea bank, &c. or doing damage to obstruct the navigation of
a river or canal.
32. Breaking down the dam of a fishery, &c. or mill dam, or poisoning fish.
33. Injuring a public bridge.
35. Placing wood, &c. on railway with intent to obstruct or overthrow any engine, &c.
39. Destroying or damaging works of art in museums, churches, &c. or in public places.
42. Setting fire to a ship.
43. Setting fire to ships to prejudice the owner or underwriters.
44. Attempting to set fire to a vessel,
45. Placing gunpowiler near a vessel with intent to damage it.
46. Damaging ships otherwise than by fire.
47. Exhibiting false signals, &c.
48. Removing or concealing buoys and other sea marks.
50. Sending letters threatening to burn or destroy houses, buildings, ships, &c.
54. Making or having gunpowder, &c. with intent to commit any felony against this Act.
(c.) by the Offences against the Person Act, 1861, under the following sections :-
16. Sending letters threatening to murder.
28. Causing bodily injury by gunpowder.
29. Causing gunpowder to explode, or sending to any person an explosive substance, or throwing corrosive fluid on a person, with intent to do grevious bodily harm.
30. Placing gunpowder near a building, with intent to do bodily injury to any person.
32. Placing wood, &c. on a railway with intent to endanger passengers.
In all these cases the Court is authorised to inflict the whipping in addition to imprisonment, and each of the Acts enacts that "whenever whipping may be awarded "for any offence under this Act the Court may sentence the offender to be once privately "whipped, and the number of strokes and the instrument with which they shall be "inflicted shall be specified by the Court in the sentence."
(3.) By the Criminal Law Amendment Act, 1885 (48 & 49 Vict. cap. 69), sec. 4, when a male under 16 is convicted of unlawfully and carnally knowing a girl under 13 the Court, instead of sentencing him to imprisonment, may order him to be whipped. The whipping is in this case subject to the conditions prescribed by the Whipping of Offenders Act, 1862 (25 & 26 Vict. cap. 18).
(C.) Boys under 14 convicted summarily of indictable offences.
if
Under sec. 10 of the Summary Jurisdiction Act, 1879 (42 & 43 Vict. cap. 49), and sec. 11 of the same Act as amended by the Summary Jurisdiction Act, 1899 (62 & 63 Vict, cap. 22), a Court of Summary Jurisdiction may, with the defendant's consent, or, he is under 12, with the consent of his parent or guardian, deal summarily with the case of a child or young person under 16 years of age charged with any indictable offence save homicide and if the defendant is convicted and, being a male, appears to the Court to be under 14 years of age the Court may, either in substitution for or in addition to any other punishment, order him to be whipped with a birch rod by a constable, in the presence of an inspector or other officer of police of higher rank than a constable, and also in the presence, if he desires to be present, of the boy's parent or guardian. For a child under 12 the maximum number of strokes is six; for one over 12 but under 14 it is 12. The order must specify the number of strokes and the instrument to be used (25 & 26 Vict. cap. 18, sec. 1).
Females cannot be sentenced to whipping for any offence. (1 Geo. IV. cap. 57, sec. 2.)
The power of ordering a whipping for the non-payment of money adjudged to be paid by a Court of Summary Jurisdiction was abolished, in any cases where it existed, by 47 & 48 Vict. cap. 43, sec. 3.
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