CO885-(7-8) — Page 281

Printed for the use of the Colonial Office.

Miscellaneous

433

No. 135.

Confidential.

Memorandum and Despatch on Praedial Larceny.

PUBLIC RECORD OFFICE

Reference :-

1111C.0.885 /

7

PUBLIC RECORD OFFICE, LONDON | ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

I.

Reference to the prevalence of praedial larceny Royal Com was made by a large number of witnesses before mission. the Royal Commission, but no particular scheme for dealing with the evil was suggested, nor did the Commissioners make any recommendation (Par. 117). "We do not believe it will disappear "until such practices are universally condemned by native public opinion, which, unfortunately,

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56

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does not appear to be the case at present, and in

the meantime cach Colony must deal with the question as may seem best."

Regret was expressed by some of the Jamaica Jamaica witnesses at the disallowance of the Praedial Predial

of 1206

}

Larceny Law of 1896. This law empowered a Larceny Law private individual to arrest without warrant and (disallowed). bring before a J.P. any person found in possession of articles of agricultural produce under suspicious circumstances. The J.P. might order the person 11,462,96. so arrested to be dotained for seven days pending investigation. The onus of proof was laid upon the person accused; and on a third conviction an offender might be whipped, provided the magistrate had ascertained by enquiry, after-conviction, that he was a vagrant or idle person not having any visible means of subsistence or support."

At the request of the Secretary of State the 21359, 96. Governor forwarded a number of reports on the law from judges and magistrates. These were almost uniformly adverse. Severe criticism was passed on the provisions for arbitrary arrest and imprison- ment without trial; and it was pointed out that under this law whipping could only be inflicted upon vagrants, although it was notorious that somo of the most inveterato offendors were themselves

peasant proprietors. The result of these represen- tations was that the law was disallowed.

The reports of the resident magistrates assigned various reasons for the growth of praedial larceny, the chief being :-

(1.) The progalence of distress, due to industrial

depression, and cessation of railway work, (2) The large number of illegitimate children

abandoned by their parouts.

(3) The inefficiency of the police.

(4.) The 1ghtness of the punishments inflicted in

some cases, .

5. The comparativo comfort of prison life. 4) The e.bvation f land far distant from the

s'ed vellings,

E & N

A