CO129-358 - Governor Sir Lugard - 1909 [10-11] — Page 118

*

COPY.

125

37133

Hon.Col.Sec.

The legal advisers at the Colonial Office conferred with

me on the point raised in paragraphe 2 & 3 when I was at home and I

am under the impression that the decision arrived at was that in the

case of offences other than those specified in section 86 of the

Magistrates Ordinance 1890 the punishment of whipping is to be in

lieu of and not in addition to other punishments, but I do not think

it was intended to interfere with the right now given to the Magis-

trate by section 86 to order whipping in lieu of or in addition to

other punishment in respect of the offences specified in that section

Paragraph 3 of the Secretary of State's Despatch may how-

ever be read as absolute and ae requiring that whipping is to be

entirely as an alternative to other punishments in all cases and I

have drafted the amending Bill accordingly.

(ad) W.Rees Davies.

Attorney General,

8/10/09.

Hon. Colonial Secretary,

To my foregoing minute of 8th. October, 1909, I should

like to add that it is I understand necessary for every youth to

be examined by a Doctor bafore being whipped and as there is no

resident prison doctor here the custom I am told has been for the

Magistrate when imposing whipping in lieu of imprisonment to

order the youth however to be detained in prison until he can be

examined by the doctor and whipped and if the Ordinance is to be

amended so as to require whipping to be in lieu of imprisonment

it may be desirable to authorize the detention of the youth until

he can be whipped i.e. until after the doctor's examination. I

believe at home there are always resident prison doctors Bo no

delay