CO885-(6-7) — Page 583

16348

SIR,

56

No. 32.

JAMAICA.

MR. CHAMBERLAIN to GOVERNOR SIR A. W. L. HEMMING.

(No. 229.)

Downing Street, August 9, 1898.

I HAVE the honour to acknowledge the receipt of your despatch No. 266 of the 27th of June, reporting on the subject of corporal punishment for crime and prison offences, with special reference to certain cases in which a sentence of 36 lashes was

good awarded, and to request that you will be so as to take care that the instructions contained in my circular despatch of the 25th of May, 1897, and my despatch No. 136 of the 17th of May lasts are strictly adhered to.

I have, &c.,

J. CHAMBERLAIN.

57

In

2. In this connection I may mention that I have had the gaol records carefully searched and can find no record of any prisoner being flogged in Hamilton gaol. St. George's gaol there is only one record of a prisoner being flogged in the past twenty years. This was a prisoner who was sentenced by the Visiting Justices, on the 17th May, 1895, under the Act above referred to, to receive eight lashes on the bare back for refusing to work, after the gaol surgeon had reported that he was fit for work.

3. Under these circumstances it seems hardly necessary, nor would it perhaps be expedient, to ask for the further legislation which would be required to bring the present law in exact conformity with the regulations suggested in your despatch.

4. The annual return required in the event of any floggings taking place in the gaols will, of course, be duly furnished.

19676.

I have, &c..

G. DIGBY BARKER,

Lieutenant-General, Governor and Commander-in-Chief.

No. 35.

.ove

35

18835.

SIR,

No. 33.

MALTA.

DEPUTY-GOVERNOR LORD CONGLETON to MR. CHAMBERLAIN.

(No..97.)

(Received August 20, 1898.)

The Palace, Valletta, August 16, 1898.

I HAVE the honour to acknowledge the receipt of your despatch, marked "General," of the 29th ultimo, calling attention to the circular despatch of the 25th May, 1897, which has not been answered because it was not at the time understood to require a reply.

2. I beg now to acquaint you that the corporal punishment of flogging has never been inflicted in the Maltese prisons since July, 1891, when the present Prison Superintendent was appointed to take charge of the prisons.

3. A resolution was passed by the Council of Government on the 20th February, 1895, by which the clauses in the Prison Regulations regarding flogging were abolished. In view of this fact, and of the information contained in the Blue Book under the heading "Gaols and Prisoners," Return T, answer to query xiii, page 5, where flogging does not figure as one of the punishtuents inflicted in the prisons, it was not thought necessary to send a special report to the Colonial Office, which appears to have been required only from colonies where flogging exists.

I have, &..

CONGLETON,

Deputy-Governor.

BRITISH GUIANA,

GOVERNOR SIR W. J. SENDALL to MR. CHAMBERLAIN.

(No. 276.)

SIR,

(Received August 31, 1898.)

[See No. 42.]

Government House. Georgetown,

Demerara, August 17, 1898.

In reply to your despatch, No. 57, of the 7th March last, drawing my attention to the infliction of the punishment of flogging for prædial larceny, and the apparently trivial nature of the offences for which this punishment is, in many instances, imposed, I have the honour to state that, after careful consideration, I am of opinion that the law upon this subject may, with advantage, be amended.

2. I have obtained an expression of opinion from each of the district magistrates, who are, without exception, in favour of the retention of the power to inflict the punishment, and in this general conclusion I concur to the extent that I would retain the power to flog in cases where, the commission of the offence is accompanied by aggravating circumstances, such as, that the accused is an old offender, or that violence has been used or threatene 1. or that several persons have combined to commit the

offence.

3. I propose to take an early opportunity of bringing this matter to the notice of the Executive Council, after which I will address you againf on the subject.

I have, &c., WALTER J. SENDALL,

Governor.

19547.

16646.

SIR,

(No. 82.)

No. 34.

BERMUDA.

GOVERNOR BARKER to MR. CHAMBERLAIN.

(Received August 31, 1898.)

[Answered by No. 53.]

Bermuda, August 11, 1898.

WITH reference to your despatch general of the 29th July. calling my attention to the circular despatch of the 25th May, 1897, on the subject of flogging for prison offences, I have the honour to report that the law on this subject is laid down in section 3, Act No. 19, 1844 (p. 291, R. Gray's Compilation).

No. 36.

CEYLON.

MR. CHAMBERLAIN to GOVERNOR SIR J. WEST RIDGEWAY

(No. 257.)

SIR.

[Answered by No. 47.]

Downing Street, September 2, 1898.

I HAVE the honour to acknowledge the receipt of your despatch, No. 227, of the 5th July last, forwarding a return of corporal punishments inflicted on prisoners for prison offences during the year 1897, together with a report by the Acting Inspector- General of Prisons.

• No. 30.

† No. 26,

9614/97: not printed.

• No. 19.

† See No. 42.

16177-6

† 16646: not printed.

"I

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