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PUBLIC RECORD OFFICE

C.O.885

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PUBLIC RECORD OFFICE, LONDON

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Enclosure 2 in No. 75.

ACTING ATTORNEY-GENERAL to ACTING GOVERNOR.

"The Flogging Regulation Ordinance, 1899."

Crown Law Officers' Chambers, Freetown, Sierra Leone, 31st August, 1899.

I have the honour to report on the above Ordinance, which passed the Legislative Council on the 22nd instant.

The Ordinance was introduced into Council in consequence of a despatch, No. 107, of the 25th May, 1899, from the Right Honourable the Secretary of State that the number of strokes to be awarded by a Court of Law, or for prison offence, should not exceed twenty-four

The suggestion of the Secretary of State was duly considered by the Governor in Council and approved of, and the above Ordinance was passed to give effect of law in respect of the suggestion of the Secretary of State.

The Ordinance is legal and in proper form, and I see no reason why Her Majesty should be advised to exercise her power of disallowance in respect of it.

16040.

No. 76.

WINDWARD ISLANDS.

ARTHUR HUDSON, Acting Attorney-General.

MR. CHAMBERLAIN to ACTING-GOVERNOR THOMPSON.

(Grenada, No. 104.)

SIR,

[Answered by No. 78.]

Downing Street, September 30, 1899. I HAVE the honour to acknowledge the receipt of Sir A. Moloney's despatch your assenting to the No. 134 of the 5th of June last,* and to inform you that I approve of Bill of the Grenada legislature entitled "An Ordinance to regulate sentences of flogging and whipping," although it does not follow the lines suggested in my despatch, Windward Islands, No. 58, of the 13th of June last.†

2. That despatch may be taken as cancelled, and in order to secure uniformity in the three islands, the Grenada Criminal Code as amended should be adopted in St. Vincent, and in St. Lucia the flogging clause of the Criminal Code should be amended so as to correspond with the Grenada law.

3. In answer to the last paragraph of Sir A. Moloney's despatch, I have to explain that the instructions contained in paragraph 9 of my Circular despatch of 25th May, 1897, are intended to be standing instructions to Governors, and that the words as to making the Governor's consent "a necessary preliminary before a sentence of flogging can be carried out," apply to floggings for prison offences only, and not to floggings imposed by

I have, &c., order of the Court.

J. CHAMBERLAIN.

-34019.

SIR,

101

No. 78.

GRENADA.

ACTING-GOVERNOR THOMPSON to MR. CHAMBERLAIN.

(Received December 6, 1899.)

[Ordinance sanctioned December 14, 1899. No. 129. L.F.] (No. 223.)

St. Vincent, November 11, 1899. WITH reference to your despatch, No. 104, of the 30th September, I have the honour to transmit Mr. Drayton's despatch, No. 66, of the 7th instant, in which he forwards for the signification of Her Majesty's pleasure authenticated transcripts of " An Ordinance to Regulate Sentences of Flogging and Whipping," which was passed by the Legislative Council of Grenada on the 30th May, 1899, and to which I assented in accordance with your instructions.

2. The necessary steps are being taken to give effect to the instructions contained in the second paragraph of your despatch.

I have, &c.,

HARRY THOMPSON. Administrator, Windward Islands.

Enclosure in No. 78.

Administrator DRAYTON to ADMINISTRATOR, Windward Islands.

(Grenada. No. 66.)

Government Office, Grenada, November 7, 1899.

SIR,

WITH reference to the Secretary of State's despatch, No. 104, of the 30th of September last, I have the honour to forward, for the signification of Her Majesty's pleasure, authenticated copy, in duplicate, of an Ordinance which was passed by the Legislative Council of this Colony on the 30th May last, entitled "An Ordinance to Regulate Sentences of Flogging and Whipping."

2. The Attorney-General's report on the measure accompanies it.

His Honour

The Administrator of the Windward Islands,

&c.. &c.,

&c.,

St. Vincent.

[No. 2 of 1899.]

I have, &c.,

EDWARD DRAYTON, Administrator.

26386

(No. 274.) SIR,

No. 77.

SIERRA LEONE.

MR. CHAMBERLAIN to Governor SIR F. CARDEW.

Downing Street, November 10, 1899.

I HAVE the honour to inform you that Her Majesty will not be advised to exercise her powers of disallowance with regard to the Ordinance, No. 19 of 1899, of the Legislature of Sierra Leone entitled "An Ordinance to regulate the law relating to sentences of flogging," a transcript of which accompanied Major Nathan's despatch, No. 264, of the 13th of September.‡

2. I have little doubt, for the reasons given by Major Nathan in his despatch, No. 193, of the 16th of June,§ that the most satisfactory course has been adopted in

have, &c., dealing with this matter by Ordinance.

J. CHAMBERLAIN.

§ No. 67.

• No. 66.

† No. 64.

‡ No. 75.

REGULATION OF CORPORAL PUNISHMENT ORDINANCE, 1899.

Grenada.

AN ORDINANCE to Regulate Sentences of Flogging and Whipping. [1st November, 1899.]

Be it enacted by the Governor with the advice and consent of the Legislative Council

of the Colony of Grenada as follows:--

Court to order de.

1. Whenever a juvenile offender is convicted of any offence punishable by fine or Power of imprisonment and in accordance with the power conferred by sub-section (2) of section 79 of the Criminal Code the Court substitutes the punishment of whipping in tention in lieu of a fine or imprisonment, it shall be lawful for the Court to order that the offender custody of shall be detained in custody for not more than forty-eight hours until the punishment juvenile

shall have been inflicted.

• No. 76.

offender pending infliction of flogging