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32525/99. This Ordinance does not appear to have had much effect in reducing the number of cases of praedial larceny, and suggestions have been made 36535/1900. for a revival of old Vagrancy Laws, but no serious 36536/1900. scheme has yet been brought forward. 39620/1900.
11,852/00.
St. Lucia had a law (7 of 1895) practically iden- tical with the Grenada Law 21 of 1896, but it was not considered to be effectual. A draft Ordinance was therefore submitted which elaborated and strengthened the provisions as to registration, &c. It also altered the law as to flogging. Under Ordinance 7 of 1895 males under 16 were allowed to be whipped. The draft Ordinance provided for the whipping of males under 14, and the flogging of males above that age. The Secretary of State directed an alteration restoring the provisions of the old law, but the direction was misunderstood, and the Ordinance passed and forwarded with the flogging clause i cluded. Before tendering advice to Her Majesty the Secretary of State then directed 23355 1900, an amen ling Ordinance to be passed. This Ordi- nanco was introduced, but defeated owing to the -23356 1900. action of official members. Ultimately the Secre- tary of State directed the insertion of a proviso rendering the previous sanction of the Admini- strator nccessary in all cases of flogging. By Ordinance 2 of 1900 the maximum number of strokes is reduced to 12:
621/1900.
In St. Vincent the law does not permit corporal. punishment for praedial larceny except in the case of juvenile offenders, who may be whipped.
LEEWARDS.
Under Leeward Islands Act 10 of 1891, males under 16 may be whipped for praedial larceny; the maximum number of strokes (4 of 1900) is 12. There is no flogging for males above 16, though memorials have been sent urging its institution; and there is no system of licences for dealers in agricultural produce..
CEYLON.
Praedial larceny in Ceylon has been dealt with by methods similar to those advocated by the Jamaica planters.
Under Ordinance 9 of 1885 the possessor of unripe produce of the coffee or cacao tree, carda- mum plant, or arecanut palm is to be deemed guilty of theft until the contrary be shown, and on conviction he be whipped, in addition to imprisonment. If above 16 years of age, a cat may be used; otherwise, a rattan. "The number of strokes is in no case to exceed 20.
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Similar penalties are incurred by any person purchasing, or taking in barter or exchange, or receiving any produce from any labourer employed on any plantation.
Ordinance 22 of 1886 extended this to include the tea plant and cinchona tree.
There has been no further special legislation, and no recent correspondence on the subject.
The reports which have been received show that the evil is much the same in all the West Indian colonies. Individual cases of theft appear trivial, so far as the value of the stolen goods is concerned, but their constant recurrence renders them serious; the aggregate value of the stolen produce becomes considerable, and still more important is the dis- couragement of serious cultivation. Among the chief sufferers are the class of peasant proprietors. who are less able to protect themselves than the proprietors of large estates, especially when, as is often the case, their allotments are at a great distance from their homes. This aspect of the question is emphasized by the reports from nearly all colonies (see especially paragraph 6 of Sir H. Hocking's minute). At the same time, many of the thieves appear to belong to this same class of small cultivators. This increases the difficulty of detection, as it becomes easy for them to pass off stolen goods as the produce of their own land. The attempts which have been made to cope with the evil by legislation, though varying widely in detail fall generally under one or other of two heads. The favourite method has been to increase the severity of punishment, and especially to extend the practice of flogging. West Indian opinion seems to be very nearly unanimous in approving this policy, but there is very little evidence that where adopted it has been effective. Nor is it likely to be so, so long as the thief escapes detection in the great majority of cases. The other method is to establish a system of licensing dealers in agricultural produce. This seems to be based on a sounder principle, in that it aims at making detection easier; but though the object is right, the means adopted for attaining it do not appear to have been effective (see paragraph 5 of Sir H. Hocking's minute). Stolen produce cannot be identified; the thief is often himself a small culti- vator; and the licensed dealer may be a rogue. In addition to these two suggestions, we have had one for the imposition of a stringent vagrancy law, but this has not yet taken a practical shape, nor does it seem likely to afford a solution of the problem. To deal with an evil of this kind, organised local action is required, but there seems to be no machinery in existence suitable for the purpose. Something might perhaps be done to encourage local organisa- tion, but it will probably be long before the West Indian developes a strong enough political instinct to make it effective.
2nd March 1901.
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