16

A.—4

Section 22 (new clause). In their first report the Committee had named one year as the earliest time for the Act coming into operation. They still thought it impossible for the Legislature to retreat from the passing of a law which it had, rightly, deemed urgent. Nevertheless it must be evident that the law could not be put in force before establishments (installations) had been prepared for the reception of the releguis. After a new examination of this question—one of the most delicate which the Committee had had to consider—they had asked themselves whether any law of this kind could be perfect at first. The proposed remission of all. the regulations to the Executive must seem to subordinate the law itself to the promulgation of the regulations, without which it could not be carried out. But where could any relegation be made at all, if the place oi relegation was not first determined? How could the reUguis be made to work when even the rSaime of their workshops was not fixed ? How could the public safety be assured if measures to that end were not first taken ? It therefore seemed indispensable to declare in set terms what was really in the nature of things, that the law should not come into force until after issue ol the regulations. Six months would be allowed to the Government for this purpose; a date, however, which could easily be shortened if the Executive were really imbued with, the necessity of giving prompt satisfaction to public opinion. . 31st January, 1885. F- D- Bell"

No. 2. Comparison of the Bill as now amended with the Bills as formerly proposed.

Chamber of Deputies Bill of 1883. 1. Relegation consists in the perpetual internement of criminals to bo removed from Prance, and applies to the recidivistes specified in sections 4, 5, 6, and 7. Senate BUI of August, 1884. 1. Rkcidivistes specified in section 4 shall, at the expiry of their sentence, be relegated in perpetuity to such colonies or possessions as shall be determined by the Government. Senate Bill of January, 1885. 1. Relegation shall consist in the perpetual internement of those convicts to whom the law is made applicable. Executive regulations shall determine the territories where the relegation is to take place, also the measures of police and surveillance to which the relegues are to be subject. Relegues who have no means of existence, or who cannot obtain a regular engagement at some trade or profession, shall be subject to a regime of forced labour, under conditions to be fixed by Executive regulation. 2. Slightly amended, to provide for military sentences. 2. Relegation may only be inflicted after sentence by the ordinary tribunals, and not by special and exceptional jurisdictions. 2. Relegation may only be inflicted by the ordinary tribunals as a consequence of sentences already incurred, and not by special and exceptional jurisdictions. The tribunals may take into account sentences by military Courts for offences outside of war or of a state of siege. 3. Verbally amended. 3. Sentences for political crimes or offences may not be counted for relegation. 4, 5, G, 7, and 8. The following criminals shall be relegated for life: — (Offences specified.) 3. Unaltered. 4. The following criminals shall be relegated:— (Offences specified: Theft, swindling, breach of trust, public outrage against modesty, habitual excitation of minors to debauchery, and vagabondage or mendicity.) 5. Relegation shall be incurred by any criminal who has been sentenced for the offences specified in the preceding section. 6. Section 12 of the Chamber Bill is incorporated here, with slight verbal amendment. 4. Declares what recidivistes shall bo relegated. (Clause amended, but offences not altered.) (5.) Struck out. 12. (This section is taken out of its place, presumably for comparison with the Senate section opposite.) Sentences which have been remitted or commuted shall be counted for relegation, but not any which have been effaced by rehabilitation of the criminals. 9. Relegation may not be applied to criminals over 60 or under 21 except in certain cases. 5. As section 6, unaltered. 7. Same as Chamber section 9. 6. Slightly amended. 7. (New Clause.) Convicts who have incurred relegation shall continue subject to all the obligations incumbent on them by virtue of the laws on the recruiting of the army. An Executive regulation shall determine the conditions under which such obligations are to be fulfilled.