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5. With reference to the views of the Attorney-General, I am of opinion that the offences named by him require a heavy punishment, and that, having in view the early virility and constitution of the boys of this Colony, the punishment suggested by him is

not excessive.

6. The tamarind rod is not a severe instrument.

8. I attach a summary of Criminal Offences, punishable with whipping, prepared by the Attorney-General.

I have, &c.,

J. S. HAY.

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by law the number of strokes to be inflicted in all cases to a number not exceeding 24, whether awarded by a court of law or as a punishment for a constabulary or prison offence.

3. The annual returns should include in future the floggings inflicted on carriers, with the name and rank of the sentencing officer, and with a brief statement of the offence for which the sentence of flogging was imposed. Similar information should also be given in the Constabulary and Prison Returns.

I have, &c.,

J. CHAMBERLAIN.

Enclosure No. 69.

SUMMARY OF OFFENCES PUNISHABLE WITH WHIPPING,

PREPARED BY, THE

ATTORNEY-GENERAL.

The statutes authorising whipping as a punishment are the following 1. 1868-1, Section 101. Number of strokes to be specified by the Court. whipping.

One

18867.

No. 71.

BARBADOS.

2. 1868-4, Section 59. Number of strokes to be specified by the Court. One whipping.

3. 1868-5.

(a.) for offences specified under Sections 13, 26-28, and 66, if a male under 16 may be whipped once with such number strokes as Court may specify. (6.) for garroting and wounding with a sharp instrument, Sections 19 and 76 may be whipped once, twice or thrice, with not exceeding 25 strokes if not over 16, and with not exceeding 50 if over 16.

4. 1890-35, Section 43. A "Dodds" boy neglecting to comply with rules may be whipped with not exceeding 18 stripes.

1890-35, Section 44. A "Dodds" boy who has escaped may be whipped with not exceeding 24 stripes.

5. 1890-41, Section 25.

exceeding 36 stripes.

A prisoner may be whipped for certain offences with not

6. 1896-30, Section 6. For a criminal assault on a girl under 10 the offender may be whipped as is provided under 1868-5, Section 19.

See supra.

7. 1897-13, Section 35 (10). Boys under 16 may be whipped on summary convictions with not more than 18 stripes.

The provision in 1897-13, Section 35 (10), was specially sanctioned by the Secretary of State. See despatch, No. 49, of 3rd May, 1897. | Papers 5.

(No. 114.)

MR. CHAMBERLAIN to GOVERNOR SIR J. S. HAY.

SIR,

Downing Street, July 28, 1899. I HAVE the honour to acknowledge the receipt of your dispatch, No. 154, of the 28th ultimo," on the subject of the maximum number of strokes to be awarded by a Court of Law, or as a punishinent for prison offences in Barbados.

2. I am still of opinion that in no case shall the number of strokes exceed 24 in the case of an adult, and 12 in the case of juveniles, and I shall be glad if you will take steps to have the necessary amending measure submitted for the consideration of the Legislature.

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No. 72.

I have, &c..

J. CHAMBERLAIN.

PUBLIC RECORD OFFICE

Reference :-

C.O.885

7

14770.

SIR,

No. 70.

GOLD COAST.

W. H. G.,

14/6/99.

MR. CHAMBERLAIN to GOVERNOR SIR F. M. HODGSON.

(No. 266.)

Downing Street,

July 21, 1899.

I HAVE the honour to acknowledge the receipt of Mr. Low's despatches, Nos. 157 and 170, of the 1st and 8th May last respectively, forwarding the returns of corporal punishment inflicted on Hausas of the Gold Coast Constabulary, serving in the Northern Territories, and on prisoners during the year 1898.

2. From the amended return enclosed in Mr. Low's despatch of the 8th May, I observe that in no less than 11 cases 36 lashes were inflicted on Hausas. The maximum number of lashes mentioned in the Model Regulations which accompanied my circular despatch of the 25th May, 1897, is 24, and I have to request that steps may be taken for limiting

Nos. 54 and 61.

CYPRUS.

HIGH COMMISSIONER SIR W. F. HAYNES SMITH to MR. CHAMBERLAIN.

(No. 157.) SIR,

(Received July 31, 1899.)

[Answered by No. 73.]

Government Cottage, Troodos, July 18, 1899.

I HAVE the honour to acknowledge the receipt of your despatch, No. 78, of the 9th June,† in which you draw attention to the fact that the returns from Cyprus giving particulars of the cases where corporal punishment has been inflicted, deal only with cases where floggings have been awarded for breaches of prison discipline, and in reply to state, that I am advised that the Courts in Cyprus possess no power to order corporal punishment of any kind.

2. Floggings, therefore, can only be inflicted in Cyprus for prison offences, and by No. 202 of the Prison Regulations the number of lashes in the case of adults is limited to 25, and by Regulation 207 corporal punishment in the case of children is limited to twelve stripes with a birch rod.

• No. 09.

I have, &c.,

W. F. HAYNES SMITH.

† No. 62.

16177-6

N

PUBLIC RECORD OFFICE, LONDON

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

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