The Daily Telegraph. FRIDAY, APRIL 1, 1892.

Daily Telegraph (Napier), Issue 6419, 1 April 1892, Page 2

The Daily Telegraph. FRIDAY, APRIL 1, 1892.

Amongst other measures that were dropped last session was the Criminal Code Bill, which bears the name of the Hon. Mr Buckley. This measure is to be re-intro-duced at an early stage when Parliament reassembles Wβ are glad to hear that during the recess it has been revised by the law officers of the Crown, aud the penalties under its provisions have been made somewhat milder. The Bill is a codification of the criminal law, and repeals wholly, or in part, thirty-three Acts of the English Parliament, running back to the time of Edward VI., and twenty-eight Acts of the General Assembly of New Zealand, dating from 1845 down to 1889. But it provides that " every offence committed before the commencement of this Act shall bo determined and punished, and (subject to the provisions of section three hereof) shall bo enquired into and tried, as if the Acts and onaetments repealed by the Act had not been so repealed." It is only when crimes and punishments are defined under one Act, and can be seen aft a glance in the course of turning over a few pages, that a serviceable idea is obtained of the formidable engines that are demanded for the safety of the community. For instance, the following puninhments arc provided for under this Bill:—" I'eatb, penal servitude, imprisonment, flogging, whipping, and fine." The Bill sets forth, that tho punishment of death Bhall be carried into effect in the manner prescribed by tho Criminals Execution Act, 1883. Imprisonment shall be with or without hard labor. If it is to be without hard labor the sentence shall so direct. No prisoner shall be sentenced to solitary confinement. But this provision shall not prevent the making and enforcing of regulations authorising periods of solitary confinement for breaehea of rules of discipline under the provisions of any statute in force. Flogging is the infliction on a person of a number of strokes not exceeding at any one tima fifty, with a cat-o'-nine'tails of tho description prescribed by tho Minister of Justice. Whipping ia tho infliction on a person of a number of strokes not exceeding at any one time twenty-fivo, with a rod of the description prescribed by the Minister of Justice. In each case the Court shall in it« sentence specify the number of strokes to be inflicted. Neither flogging nor whipping shall be inflicted on any female. Flogging shall not be inflicted on a person whoso age does not exceed sixteen years. Whipping shall not be inflicted on a person whoso age exceeds sixteen years. No flogging or whipping shall take place after the expiration of six months from the passing of the sentence. In all cases where flogging is inflicted, the Burgeon or medical officer of the prison in which the offender is confined shall be present when the said punishment is inflicted ; and, if he be of opinion that the prisoner is not at any time able to bear the whole or any part of the punishment awarded, may from time to time order the infliction of the whole or any part of the said punishment to be postponed. And the Baid surgeon or medical officer shall, within seven days after the making of any such order, send a report in writing to the Minister of Justice, stating his reasons for making such order. No Sbntence of flogging or whipping passed under this or any other Act shall be carried out, except as provided by this section. Every one sentenced on conviction upon an indictment to pay a fine shall, if the Court directs, be imprisoned for non-payment thereof until such fine be paid, but not for any period exceeding two years, in addition to any other imprisonment to which he may be sentenced. The Court n.ay at any time in its discretion suspend such-first-mentioned imprisonment on such terms aa it thiuks fit, or may limit the period ot such imprisonment. Every one liable to penal servitude for life or for any term of years may be sontenced to any shorter teim of penal servitude not loss than three years, or instead thereof to any term of imprisonment not exceeding two years, with or without hard labor. Every one liable to imprisonment for any term may be sentenced to imprisonment for any shorter term. Every one liable to imprisonment with hard labor may be sentenced to imprisonment without hard labor. Every one liable to imprisonment, with or without hard labor, may be sentenced to pay a flue in addition to, or instead of, such imprisonment.