CO885-(11-13) — Page 298

PUBLIC RECORD OFFICE

Reference :-

C.O.

885

MY LORD,

No. 75.

(GIBRALTAR.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, 25th October 1875. We are honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of the 7th instant, stating that he was directed by your Lordship to acquaint us that your Lordship desires to obtain our opinion as to the proper mode of dealing with certain persons who were sentenced by the Courts of Gibraltar to imprisonment in Her Majesty's convict establishment at Gibraltar, and whose sentences had not expired at the time of the breaking up of the convict establishment and the removal of the English convicts in May last.

2. That by an Order in Council dated the 1st of April 1841, it was ordered that male offenders convicted in Great Britain and being under sentence or order of trans- portation might be conveyed to the fortress and territory of Gibraltar, and there kept to hard labour, under the authority of the Act of Parliament 5 Geo. 4. c. 84.

3. That by a local Ordinance of the 8th January 1858 the Courts of Criminal Juris- liction in Gibraltar were empowered to sentence persons convicted before them of any offence punishable by law with penal servitude, and persons convicted before them of simple larceny, or of any felony made punishable by law like simple larceny, to imprisonment and hard labour in the convict establishment at Gibraltar.

4. That the Imperial convict establishment at Gibraltar having been abandoned and broken up, it is necessary to consider how persons undergoing sentences of imprison- ment therein, inflicted under the authority of the Ordinance of 1858, are to be disposed of, as well as to consider what provision is to be made for the punishment of persons hereafter sentenced to penal servitude.

5. That an Ordinance dealing with both these questions has been prepared in the Colonial Office, after consultation with the Chief Justice of Gibraltar, who was on

leave in this country; a copy of that Ordinance, and of a Minute explanatory of its In separate provisions, were sent for our consideration, together with a copy of the correspondence correspon- with Sir J. Cochrane and the Gibraltar Ordinance referred to.

6. Sir Julian Pauncefote stated that your Lordship would be glad to have our opinion on the legal sufficiency and constitutional propriety of the proposed

enactment.

In obedience to your Lordship's commands we have taken these papers into con- sideration, and have the honour to

Report

That we see no constitutional objection to the proposed enactment, which appears to us legally sufficient to accomplish the objects intended.

The Right Hon. the Earl of Carnarvon,

&c.

&o.

&o..

We have, &c., (Signed) RICHARD BAGGALLAY.

JOHN HOLKER.

dence.

▲ 13916.-75. 95,-19/84.

12- PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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11,801.