54
94
or whether it would be sufficient to invite the judges and magistrates of Sierra Leone to comply with your wishes in this respect, I have the honour to report that, owing to the frequent changes judges and magistrates in this colony, the safest way to ensure effect being given to your views in this matter will be to alter the law, and I shall, therefore,. proceed to do this.
I have, &c.,
M. NATHAN,
Acting Governor.
95
to be observed in this Colony, I am desired by the Governor to ask you to be so good as to invite the attention of the Visiting Justices of prisons and gaols to these regulations, and to say that His Excellency will be obliged if they will act in accordance with them.
2. The Secretary of State has particularly desired that the limit of 24 strokes for prison offences committed by adults shall not be exceeded, notwithstanding the fact that the Prison Law of 1882 allows a maximum of 36 strokes.
PHILIP C. CORK,
18818.
No. 68.
JAMAICA.
GOVERNOR SIR A. W. L. HEMMING to MR. CHAMBERLAIN
(No. 316.) SIR,
(Received July 20, 1899.)
[Acknowledged July 24, 1899, No. 263: not printed.]
King's House, Jamaica, June 20, 1899.
I HAVE the honour to acknowledge the receipt of your despatch No. 177, dated the 29th ultimo, enquiring whether the judges and magistrates in the Colony were invited to comply with your desire in connection with flogging sentences for crime and prison offences, and in reply I forward herewith, for your information, copies of letters which were addressed to the Chief Justice and the Inspector General of Prisons, as well as a copy of a circular to the Resident Magistrates conveying your wishes in the matter.
I have, &c.,
AUGUSTUS W. L. HEMMING,
I have, &c.,
Assistant Colonial Secretary,
Enclosure 3 in No. 68.
(Circular. SS. 229.)
Colonial Secretary's Office,
SIR,
Jamaica, September 3, 1898. I AM desired by the Governor to state, for your guidance, that in regulations on the subject of corporal punishment for prison offences which the Secretary of State for the Colonies has directed shall be observed in this Colony it is laid down that the number of strokes shall not exceed 24 in the case of adults.
2. The Secretary of State has asked that the matter may be brought to the attention of judges and magistrates with a view to the same limit being observed in cases other than prison offences, in which it may be proposed to order flogging by way of punishment.
3. I am to ask that you will be so good as to strictly observe the wishes of the Secretary of State in this matter.
The Resident Magistrate for
I have, &c.,
PHILIP C. CORK,
Acting Colonial Secretary.
Governor.
18867.
PUBLIC RECORD OFFICE
Reference :-
TRIPLC.O.885
7
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
!
SIR,
Enclosure 1 in No. 68.
FROM the GOVERNOR to the CHIEF JUSTICE.
King's House, 3rd September, 1898.
I HAVE the honour to state for your information and that of the Puisne Judges, that in regulations on the subject of corporal punishment for prison offences which the Secretary of State for the Colonies has directed shall be observed, it is laid down that the number of strokes shall not exceed 24 in the case of adults.
2. The Secretary of State has asked that the matter may be brought to the attention of judges and magistrates with view to the same limit being observed in cases other than prison offences.
have no doubt that Mr. Chamberlain's wishes will be readily observed by the judges in any cases coming before them in which it may be proposed to order flogging.
I have, &c.,
SIB,
Enclosure 2 in No. 68.
A. W. L. HEMMING,
Governor.
FROM the COLONIAL SECRETARY to the INSpector-GenerAL of PRISONS.
Colonial Secretary's Office, 3rd September, 1898. WITH reference to the letter to you from this Office, No. 6743, S.S. Circular, 25th May, 1897, of the 10th July, 1897, forwarding a copy of a circular from the Secretary of State for the Colonies enclosing regulations as to flogging for prison offences,
• No. 60.
SIR,
(No. 154.)
No. 69.
BARBADOS.
GOVERNOR SIR J. S. HAY to MR. CHAMBEBLAIN
(Received July 20, 1899.)
[Answered by No. 71.]
Government House, June 28, 1899.
I HAVE the honour to acknowledge the receipt of your despatch general of the 12th of May, 1899,* calling attention to the returns of corporal punishment, especially as regards juveniles, and suggesting the advisability of limiting by law the maximum number of strokes, whether awarded by a Court of Law or as a punishment for a prison offence to 24 in the case of adults and 12 in the case of juveniles.
2. I have referred the question to the Attorney-General with reference to punishment by Courts of Law, and to the Inspector of Prisons and Visiting Justice in the case of prison offences.
The Attorney-General has no objection to offer to your suggestion except in cases of garroting, or for wounding with a sharp instrument, or for criminal assaults on girls under 10 years of age-but in these three cases he is of opinion that a maximum of 36 strokes would not be too much in the case of persons convicted being over 16, and 18 in the case of persons of 16 and under. If, however, you think that maximum too high, he is of opinion that it should not (in respect to such offences) be less than a maximum of 25 strokes for persons over 16, and 18 strokes for persons of 16 and under.
3. The Attorney-General expresses no opinion as to prison offences.
4. The Inspector of Prisons and Visiting Justice reporting on prison offences only, both agree in the suggestions of your despatch under reply, and in their views
concur.
• No. 52.
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