in the way in which Sir R. M. Lefevre
drafted the convention
I have sent you the following
despatch & Advices relating to the
banishment & deported criminals.
pr. no: 12270/70.
1145-11387-
11380
I do not send
4/7. U.S. Leone
In this and N. 3.
June
with a copy of
the Attorney General's report to both to Parliament
I request the forwarding
of despatch, and remarks thereon.
To the
I am in
opposition to the
proposed change, with certain limitations to secure that the
the frontier
at.
tom line
the "Examination should be confined to the charge - But it might work well in England, not in this Colony.
further reply is promised
by next Mail, so that this reference will either be
delayed until then
My 15 Ordinance No 4.
has received such reply.
This Ordinance was drawn out
modified in accordance with the permission framed by Buckingham in his despatch of
August 1867.
Sir Mowbray
HW Haggard
3839
R
June 13/72
2360 HK
77
Extract from
Despatch will be found
in favour of
the Branding with the consent of the Prisoner, &
under the
very
peculiar circumstances
I concur with them. But I differ from
Kimberley
on 4224 that he is
not prepared to assent to this
dealing with criminals, and unless his
opinion is changed, the assent to the Ordinance which has a pending clause should be withheld.
However Lord Kimberley is willing to revive the Experiment branding, there remains the question of flogging upon conviction for a crime
referred to the Money.
after
a convict
The views of Lord MacDonnell, and those of Lord Kimberley upon this point.
will be found
Divested upon 4222/24
When
the crime, which has
The Ordinance does not specify shall render the criminal liable to flogging, must be in the opinion of the Court "of brutal, inveterate
Measures
or mischievous as to justify extraordinary
here is the Supreme Court. and as the fact
✓
on his Lordship to think that sufficient power is vested
hardly
of Flogging.
unscrupulous sentences
It might however be as well to state
"I understand the term is not to refer
the Supreme Court only
I not to include magistrates
in whom the power is not considered to be vested.
J.T.H.
1/6
Smates us
I would refer the Ordinance des 3 to Major General
& Mr. Hohdun, with opinion that
regard
To Admiral No 4 I retain the same
my brief minute on 4224. With reference
to Lord Kimberley's minute following, I would remark that
Page 535
MINUTE PAPER.
in the way in which Si. R. M. Les dratt
well the qevention
Iako send you the following
Infolcher & Adrianças ulatury L. the
bunuhment & defortid criminals.
pron for : 12270/70.
1145-11387-
11380
I do not send
4/7. U so. Leone
In this ann N. 3.
Juned
ufe
it with a copy of
the Altong feurali report to both to Paunespite
request the farmund
deld Suate, and Mccations therem.
withi
To thr
I am in
any pawner of the
oposed change, with cut are limitations to secure that the
the frontier ་་ཅ་རི་ན་ ང་། “ཆ་ིད་
yat.
tom lin
the "Examquation shakes be confined to the charge - But it might work well in boghand, tart in at Colony.
further repal is promised (
Meat
C
bext Mail, so that this refrence had wither in
delayed until in
My 15 tdinance No 4.
han received such lefat.
This adinary areas out
modified
ir in meyordance with the permission framed the By Buckingham in his despatele of
Tapuit 1867.
Sir Mozen
HW Hagesten
3839
R
June 13/72
2360 HK
77
gustation from
Desparse will he found
The
бумерова
in favour of
the Branding with the consent of the Prisoner, &
under the
very
peculiar circumit uuen
гла
Con
Low
I concur with them. But I fallece prom
Kimberleyp
питит
on 4224 that he is
asi une i 2qrs.
4224
72.
泊
5830 H Komp
72
MINUTE PAPER.
535
mork
と
not prepared to spent to this
dealing with criminals, and unters his
Queen
Joth
opion is changed, the spent to the ordinance which has simpending clause should to with held.
of havever Lord Kimberley is willing wellas the Experiment stranding the revived, there remains the question of flogging upon conviction for a crime
reborn to the Mony.
afte
a come conville)
The Meries of tord Mackson, id tegesen Ford Kimberly upon this point.
whe found
Diverter upor 42221.
24
When
the crime, which hat they
The Winance does not specifiy shall wenden the criminal liable & flogging, must be in the opinion of the out"
"out" of brutal, inveterate
Measures
to or mischievo as to justify auto aordinary
here is the Supreme (aut. and as the fant
✓
an his ford to think that sufficient passion in mas gamist
harly
of Pogging.
unsonpulous septences
It might haveer be as well to state
"I understand the time (ant to refer
the Copreme (aut only
་་
I not to include magistrates
in whom down the day not consider this paver
shared to vested.
J.TH.
1/6
Smates us
Puppies
I would refer the Ordmance des 3 to Moje Pareupte
& Mr. Hohdun, with opinice us that
Capapu
regard
To Adriame no 4 I retain the sunu
my brief munite on 4224. Witt reference
to Lord him baley's mininte following thueyme, I wontel romack that
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