CO885-(15-16) — Page 299

43506

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

SIR,

No. 208.

(NEWFOUNDLAND.)

LAW OFFICERS to COLONIAL OFFICE.

[Sentence for Disinterment and Violation of a Female Corpse.]

Royal Courts of Justice,

December 1, 1903. WE were honoured with your commands, signified to us by Sir Montagu Governor, Telegram, Novem- Ommanney in his letter of the 28th November last, stating that he was directed by you to lay before us a telegram received from the Governor of Newfoundland, and to request our consideration of the questions raised therein.

ber 27.

That he was to transmit to us a volume of the Consolidated Statutes of the Colony and to call our attention to Chapter 63, Title VII., Section 1, by which the law of England was applied to crimes and offences committed in Newfoundland in all cases not provided for by local enactment.

That he was accordingly to request us to take these matters into our considera- tion, and, in view of the fact that the prisoner was apparently awaiting sentence, to report at as early a date as might be

(1) What is the punishment to which by English law the prisoner would be liable?

(2) If only to imprisonment and fine, what limit, if any, exists to the amount of that imprisonment or fine!

(3) Generally.

We have taken the matter into our consideration, and, in obedience to your commands, have the honour to

Report-

(1) According to English Law the prisoner would be liable at Common Law

to fine or imprisonment, without hard labour, or both.

(2) According to the practice of English Judges a term of two years' imprison- ment appears to be the maximum imprisonment imposed for a Common Law mis- demeanour. There appears to be no limit to the maximum amount of the fine, but it ought not to be excessive.

(3) We have nothing to add.

The Right Honourable

Alfred Lyttelton, M.P.,

&e..

&c.,

&c.

2 Wt 664 12/03 D&S

&

16342

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

PUBLIC

RECORD

OFFICE

C.O. 885

Reference :-

15 PUBLIC RECORD OFFICE, LONDON

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