§ MR. HOPWOODasked the Secretary of State for the Home Department, Whether his attention has been called to the proceedings at the recent Surrey Sessions in dealing with incorrigible rogues, when sentences of twelve months' imprisonment, and twelve and twenty-four strokes with the birch, were passed upon adults; and, whether there is any warrant by Law for such sentences?
§ THE ATTORNEY GENERAL (Sir HENRY JAMES) (for Sir WILLIAM HARCOURT), in reply, said, the Home Secretary answered a Question which was almost identical last Session. The power of whipping rogues and vagabonds did not exist under an obsolete Statute, but in 5 Geo. IV. His right hon. and learned Friend could not give any reason why this sentence was not generally imposed. Inasmuch as it was a lawful sentence, in the discretion of the Court, he did not propose to interfere.
§ MR. HOPWOODsaid, his Question was, whether the use of the birch rod in place of the cat was warranted by the Act to which the hon. and learned Gentleman referred?
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)asked that Notice should be given of the Question, for he really could not answer it offhand. It was not a pleasant subject to deal with.