les 1899; Stat. R. and O. 1899, No. 322, rr.
84, 85). The mode of inflicting the punishment is prescribed by the
Convict Prison Rules (rr. 82-85) and the Local Prison Rules (rr.
88-91), which limit the number of strokes and prescribe the instrument
to be used for inflicting them, the cat or birch for prisoners over
18, and the birch for prisoners under 18.

Corporal punishment for breaches of prison discipline in Scottish
prisons is not authorized by any statute nor under the Scottish Prison
Rules (see _Stat. R. and O. Revised_, ed. 1904, vol. X. tit. "Prison,
Scotland," p. 60). In Irish convict prisons corporal punishment may be
inflicted by order of justices specially appointed by the
lord-lieutenant under S 3 of the Penal Servitude Act 1864, but the
Irish Prison Rules of 1902 (Stat. R. and O. 1902, No. 590) contain no
reference to this power.

At common law, courts of justice had jurisdiction to impose a sentence
of whipping on persons convicted on indictment for petty larceny or
misdemeanours of the meaner kind (see 1 Bishop, _Amer. Cr. Law_, 8th
ed., S 942). But they do not now impose such sentence except under
statutory authority. The whipping of women was absolutely prohibited in
1820 by the Whipping of Female Offenders Abolition Act of that year. But
there are numerous statutes authorizing the imposition of a sentence of
whipping on male offenders. The following cases may be noted. 1.
_Adults_: (a) who are incorrigible rogues (Vagrancy Act 1824, S 10); (b)
who discharge fire-arms, &c., with intent to injure or alarm the
sovereign (Treason Act 1842, S 2, and see 8 St. Tr. N.S. 1, and
_O'Connor's Case_, 1872, ib. p. 3 n.); (c) who are guilty of robbery
with violence (Larceny Act 1861, S 43), or offences against S 21 of the
Offences against the Person Act of 1861; there has been much controversy
as to whether the Garrotters Act of 1861, which authorized the ordering
of more than one whipping in the case of an offender over 16 years of
age, was the effective cause of the diminution of the offences against
which it was directed, but the best judicial opinion is in the
affirmative. 2. _Males under sixteen_: (a) in any of the cases above
noted; (b) for many statutory offences, e.g. larceny (Larceny Act 1861),
malicious damage (Malicious Damage Act 1861, S 75; Criminal Law
Amendment Act 1885, S 4); (c) by courts of summary jurisdiction (Summary
Jurisdiction Act 1879, SS 10, 11, and 1899; First