CO129-188 - Governor Hennessy - 1880 [5-6] — Page 65

#.

16

62

#

" combined with branding,

mer

are

"turned out of gaol whose subsequent

careers are

difficult to trace, but who,

"it is all but certain, can never

#

کو

hereafter obtain an honest living i

or on the mainland."

in

"this Colony

JI.

I

with

that one

agree

you

part of the practice referred to in

as

paragraph 6 of your despatch, having been inaugurated a few months before my arrival,

according

any

was

strictly

not

to law, and I cannot discover

Ordinance by which the Governor

empowered to detain

in bouneil

was

offenders after the term of imprisonment

I acted on the rule laid

had expired. down on the 2nd of September 1876 by

Sir

Sa oArthur Kennedy in Council until 16". Gardiner Austin drew my

to the fact that one

was

attention

part of that rule

of doubtful legality. - When he ___ pointed out to me that this part had been adopted in opposition to the recorded opinion given in June 1875 by the then Attorney General, M. Bramston, I had no hesitation in Bramston's opinion and following

preferring Mr

it.

I did so not only because it was the opinion of an Ex-Attorney General, but it was also the view of Mr. Gardiner

Austin, with whom I

was

in

always entire agreement. The fact that I __ discharged prisoners, not suited for deportation, when their term of

I