CO885-(6-7) — Page 558

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RETURN of CORPORAL PUNISHMENTS TRINIDAD PRISONS, 1896-continued.

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I think it would be advisable to forward a copy of this circular to the Magistrates; but under existing circumstances should be glad of your Excellency's instructions as to whether all sentences of floggings for prison offences are to be submitted for your approval.

The Legal Adviser is of opinion that if this rule is to be observed an alteration in the present law will be necessary.

C. R. SAUNDERS, Acting Resident Commissioner.

Eshowe, 13/7/97.

No. of Cases. No. of Strokes. Cat or Birch.

Ordered by Inspector of Prisons for

1

1

1

1

15

1

2 2 2 2

15

Cat

Persistent idleness.

24

Birch

Assaulting a warder.

Persistent refusal to work.

*

Persistent refusal to work.

12

Persistent refusal to work.

$1

18122.

Daily average number in prison 1896 Committals during the year 1896 ...

424 males.

3,684

17

G. T. WHITE,

Supt. Prisons.

8/7/97.

(No. 216.)

17832.

No. 4.

ZULULAND.

GOVERNOR SIR W. F. HELY-HUTCHINSON to MR. CHAMBERLAIN.

(No. 43.)

SIR,

(Received August 16, 1897).

Melmoth, Zululand, 15th July 1897.

REFERRING to your Circular Despatch of 25th May, I forward a copy of a memorandum from the Acting Resident Commissioner in Zululand, on the subject of flogging of criminals.

2. I have ordered a copy of the Circular Despatch to be forwarded to the Magistrates: but pending further instructions from you, have instructed the Acting Resident Com- missioner that it will not be necessary to submit sentences of flogging for my approval.

I have, &c.,

WALTER HELY-HUTCHINSON.

No. 5.

BRITISH GUIANA.

SIR,

ACTING GOVERNOR SIR CAVENDISH- BÖYLE to MR. CHAMBERLAIN.

(Received August 19, 1897.)

Government House, Georgetown, Demerara,

24th July 1897.

REFERRING to your Circular Despatch of the 25th of May last on the question of flogging as a punishment for crime, and more especially as a punishment for prison offences, I have the honour to transmit herewith a memorandum shewing briefly the practice as regards whipping and flogging in this colony.

2. Care will be taken to furnish you with the special annual return in this connection referred to in paragraph 9 of your despatch.

I have, &c.,

Enclosure in No. 5.

CAVENDISH BOYLE.

MEMORANDUM as to FLOGGING in BRITISH Guiana,

This subject may be classed under three heads, namely :—

(1) Flogging by order of the Magistrates in summary conviction offences.

(2) Flogging by order of the Supreme Court, and

(3) Flogging for prison offences,

HIS EXCELLENCY,

Enclosure in No. 4.

ACTING RESIDENT COMMISSIONER to Governor.

UNDER the Laws in force here, no sentence of whipping can be carried out, unless the same has been confirmed by the Chief Magistrate.

For prison offences the number of lashes it is competent to impose is limited to 15, and in other cases to 25. In the case of juveniles under 18 years old a birch rod is used with older men, the instrument is the same pattern as that used in Natal, which, I believe, was approved by the Governor then, some years ago.

;

The medical officer has to attend at all floggings, and certify that the prisoner is fit to undergo the punishment, before it is inflicted.

PUBLIC RECORD OFFICE

Reference :-

C.O.885

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PUBLIC RECORD OFFICE, LONDON

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

(I.)—Summary Conviction Offences.

Power is given to Magistrates to order the infliction of flogging or whipping for (a) prædial larceny, and (b) on a person deemed to be an incorrigible rogue under Section 148 of the Summary Conviction Offences Ordinance (No. 17) of 1893.

Ord. No. 17

of 1893, 8.8.

77 & 78.

In such cases the number of strokes at any one whipping, as regards adults, is restricted s. 16 (4), to twenty, and the number of lashes in any one flogging to thirty-nine.

8. 16 (5).

The following rules with regard to whipping and flogging, under this head, are also in Ord. No. 12 force :-

8. 59.

of 1893,

(a) Whipping shall be inflicted with a light rod or cane or a small bunch of rods. (6) Flogging shall be inflicted with a cat-o'-nine-tails of such pattern as may for the

time being be approved by the Secretary of State.

(e) An adjudication of whipping shall be carried out privately within the precincts of a prison, or at a police station, or at such other place as the Court may direct and an adjudication of flogging shall be carried out within the precincts of a prison, and no person not officially connected with the prison shall be allowed to be present thereat.