84
6. So as to effect uniformity of legislation in this matter, and to carry out your instructions, I have directed a Bill to be introduced amending the existing law and limiting the number of strokes in any case of flogging to 24, and prescribing that the instrument with which they shall be inflicted, as well as that for birching juvenile offenders, shall be of a pattern approved by the Governor.
I have, &c.,
ALFRED MOLONEY.
Governor.
85
Act or Ordinance, to be whipped and to receive a maximum of 12 strokes; the instru- ment to be used is to be a rod or rods approved by any such police magistrate or justices -it is usually a tamarind rod.
4. It appears that whipping has not formed part of any sentence of the Supreme Court during the past five years.
J. B. W.,
C. J
April 15, 1899.
1993.
43
Enclosure in No. 57.
ADMINISTRATOR to GOVERNOR.
(St. Vincent. No. 99.)
SIR,
Government House, St. Vincent,
April 21, 1899. WITH reference to the Secretary of State's despatch, Grenada, No. 29, of the 2nd March, I have the honour to enclose a copy of a Memorandum from His Honour the Chief Justice, which states fully the powers of the Courts to impose flogging as part of a sentence.
2. From this Your Excellency will see that in certain cases the Supreme Court has
In the case of power to order the flogging of adult male prisoners up to 50 lashes. juveniles the punishment is limited to 25 strokes in some cases, but in other cases no limit is imposed. The Supreme Court does not appear to have exercised the power of ordering flogging in any case during the past five years.
3. The powers of a magisterial court are limited to ordering 12 strokes to be inflicted on a juvenile offender,
His Excellency,
Sir Alfred Moloney, K.C.M.G.
I have, &c..
HARRY THOMPSON, Administrator.
No. 58.
SIERRA LEŌNE,
MR. CHAMBERLAIN to Acting GOVERNOR MAJOR NATHAN.
(No. 107.)
SIR,
*
[Answered by No. 67.]
Downing Street,
May 25, 1899.
I HAVE the honour to acknowledge the receipt of Sir F. Cardew's despatch, No. 44, of the 11th of February last, transmitting the Freetown Gaol during the year 1898.
a return of corporal punishments inflicted in
2. I note your remarks respecting the two cases in which a maximum of 36 lashes was inflicted, but I consider that the number of strokes to be awarded, whether by a court of law or for a prison offence, should not exceed the number mentioned in my circular despatch of the 25th of May, 1897, viz., 24. I shall be glad to be informed whether would advise that the law should be altered to that effect, or whether, in
you your opinion, it would be sufficient to invite the judges and magistrates of Sierra Leone to comply with the wishes of the Secretary of State in this respect.
I have, &c.,
&c., &c.,
&c..
Grenada
13609.
J. CHAMBERLAIN.
CHIEF JUSTICE TO ADMINISTRATOR.
HIS HONOUR THE ADMINISTRATOR,
In the case of male offenders aged 16 years and upwards convicted of certain offences under the Larceny Act, 1868, or under The Offences against the Person Ordinance, 1878," the Supreme Court is empowered by Clause 32 of the said Act and by Clause 19 of the said Ordinance to direct that such offenders may be whipped once, twice, or thrice, and to order a maximum number of 50 strokes at each such whipping. In the case of offenders under 16 years convicted of like offences under the said Act or Ordinance, the Court may, by virtue of the above mentioned clauses of such Act and Ordinance, order such offenders to be whipped the same number of times, but the number of strokes which may be inflicted at each whipping is limited to 25, and the instrument with which such whippings are to be inflicted is specified by law, namely, a birch rod by the Act and a birch or tamarind rod by the Ordinance.
2. The said Act and Ordinance and the Injuries to Property Act, 1868, authorise the Supreme Court to direct that male offenders under 16 years (and in one case under 18 years) convicted of certain offences under these Statutes be whipped, but do not limit the number of strokes which may be ordered.
3. By virtue of Clause 84 of "The Summary Offences Ordinance, 1880," a police magistrate or two or more justices of the peace may order juvenile offenders, being or appearing to be under 16 years, summarily convicted of offences under that or any other
SIR,
No. 59.
LABUAN.
THE BRITISH NORTH BORNEO COMPANY to COLONIAL OFFICE.
(Received May 29, 1899.)
[Answered: Ordinance sanctioned June 7, 1899.]
15, Leadenhall Street, E.C., May 27, 1899.
I AM directed to forward the enclosed sealed copies of Labuan Ordinance, No. 1 of 1899, entitled "An Ordinance to regulate whipping" in order that the same may be submitted for Her Majesty's approval.
The Officer administering the Government of Labuan has omitted to send any unsealed copies, of which six have in previous cases been sent to you. Instructions have been sent to him to forward them as soon as possible.
• No. 50.
I
am, &c.,
HARINGTON G. FABER,
Secretary.
PUBLIC RECORD OFFICE
Reference :-
LTC.O.885
7
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
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