Correction
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
Chastisement, by one having authority, of a person « mmlte, for the purpose of Li. hiiu into legal subjection. It is chiefly exercised in a parental mannor by parents, or those who are placed in loco parentis. A parent may therefore justify the correction of the child either corporally or by confinement; and a schoolmast. t may justify similar correction; hut the correction in both cases must he moderate and in a proper manner; Com. Dig. Pleader, (3 -M.i P.); Hawk. c.
60, s. 23, c. ' 62, s. 2, C. 29, s.
5; Johnson v. State, 2 Humph, (Tenn, Am. Dee. 322; state v. Pen, dergrass, 19 N. 0. 365, 31 Am. Dec 416; Cook v. Neely, 143 Mo. App. 632, 128 B. W. 233. See Assault; Whipping. The master of an apprentice, for disob* lience, may correct him moderately; 1 B. & O. 469; Cro. Car. 179; Mitchell v. An. 10 Mart. O. S. (La.) 38; hut he cannot delegate the authority to another. A master has no right to correct his servants who are not apprentices; Matthews v. Terry, 10 Conn. 455; 2 Greenl. Ev. § 97; see Assault for cases of undue correction. A master may he found guilty of murder for whipping a servant so that he dies, although he has a right to inflict the punishment, and the Instrument is proper, if the punishment is so prolonged and barbarous as to indicate malice; State v. Shaw, 64 S. C. 566, 43 S. E. 14, 60 L. R. A. 801, 92 Am. St. Rep. 817. Soldiers were formerly liable to moderate correction from their superiors. For the sake of maintaining discipline in the navy, the captain of a vessel, belonging either to the United States or to private individuals, might formerly inflict moderate correction on a sailor for disobedience or disorderly conduct; Ah. Sh. 100; Brown v. Howard, 14 Johns. (X. Y.) 119; Sampson v. Smith, 15 Mass. 305; Flemming v. Ball. 1 Bay (S. C.) 3; Aertsen v. Aurora, Bee 161, Fed. Cas. No. 95; Thorne v. White, 1 Pet. Adm. 168, Fed. Cas. No. 13.9^9; Moll. 209; Turner's Case, 1 Ware S3. Fed. Cas. No. 14,2-lS. Such has been the ireneral rule. But Bogging and other degrading punishments are now forbidden in the army, navy, merchant service, and military prisons; R. S. §§ 1342, 1624, 4611, 1364. The husband, by the old law, might give his wife moderate correction; l Hawk. P. C. 2. But in later times this power of correction began to be doubted; and a wife may now have security of the peace against her husband, or a husband against his wife; 1 Bla. Com. 4 14; Stra. 478, 875, 1207; 2 Lev. 128. See Married WOidD ty guilty of an assault and battery and liable to all its consequences; Com. v. Randall, 4 Gray (Mass.) 36. See Assault. In some prisons, tbe keepers are permitted to correct the prisoners. The King's Council, in the minority of Henry VI. authorized a subject to chastise the king "when he trespasseth or doth amys." 3 Holdsw. Hist. E. L. 356.