CO885-(7-8) — Page 282

PUBLIC RECORD OFFICE

Reference :-

C.O.885

7

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

21910/96.

6851/97.

17163/07.

Jamaica

Praedial

of 1897.

110-13/98.

The Law disallowed. 12038,99.

Reference was also made to the large number of vindictive and frivolous prosecutions which tended to make the crime appear more prevalent than it actually was. The prison returns for 1895-6 showed the increase in praedial larceny cases to be very considerable, and further reports were asked for from the resident magistrates. These were in some respects conflicting, but the general result was to confirm the views given above as to the causes of the spread of praedial larceny. On these

papers Sir H. Hocking wrote a valuable minute on praedial larceny, which is annexed, and which treats the subject exhaustively, as far as its causes and forms are concerned.

Не

Another praedial larceny law was passed in 1897. It practically reproduced the provisions of the 1896 law as to summary arrest and onus of proof, and Larceny Law permitted corporal punishment to be inflicted on a second conviction, &c. The Governor with- held his assent pending instructions, and the Secretary of State directed six months' delay, and asked for a confidential report. This was sent by Sir A. Hemming in June 1898. strongly supported the law, and asked that it might not be disallowed; his despatch was accom- panied by a number of reports by inspectors of police, mostly favourable to the law, which was only natural, in view of the greatly extended powers it gave them. The Secretary of State directed the Governor to withhold assent, and indicated that part of the existing legislation (esp. Law 6 of 1877) embodied in the law was unduly severe. Sir D. Barbour, whose opinion was subsequently invited, suggested the stocks or a strengthened vagrancy law. To a further despatch from Sir A. Ilemming reiterating his belief that flogging was the only hopeful remedy, the Secretary of State replied by Suggestions suggesting: (1) the encouragement of vigilance societies, some or all of whose duly enrolled mem- Secretary of bers should be given the power of arrest; (2) tho proclaiming of particular parishes as districts in which additional constables or detectives might be employed at the cost of the ratepayers, and sufferers from depredation might be entitled to recover damages against the parish; (3) the organisation of special service detective police; (4) the stocks; 4756/1900. (5) strengthening of the vagrancy law. The 16212/1900.

Governor issued a circular to custodes, resident magistrates, chairmen of parochial boards, minis- ters of religion, and the secretary of the Agricul- tural Society, in which he invited opinions as to proposals (1), (4), and (5). Of the others (2) was held to be impossible and (3) useless.

31023/90.

of the

State Jan. 1900.

Jarunica Produce Protection

Law, 1800. 15576/1896.

Jamaica had also given a trial to a method··· of cealing with praedial larceny by means of "Produce Protection Laws."

The Produce. Protection Law 37 of 1896 required licences to be taken out by all dealers in agricul- tural produce, specifying the premises in respect of which the licence was held. Sales were forbidden except between 6 a.m. and 6 p.m. All sales were to be entered in a special book, open to inspection at all reasonable hours by an inspector of constabu- lary or any person authorised by him. The gums

received for licences were to be applied to the Law 30 of protection of the products to which the law related. 1898. This law was sanctioned, and was afterwards made 17417,98. slightly less stringent by Law 30 of 1898.

TRINIDAD.

In Trinidad the laws relating to praedial larceny 10173/99. were consolidated and amended by the Sale of Produce Ordinance, 1899.

Dealers in cacao, cocoanut, coffee, nutmegs, kola outs, tonca beans, and rubber must take out an annual licence costing 27. These licences are only

to be issued in respect of premises in a town or village, or within a mile of a police station and 150 yards of a public road. Such licences may be refused on various specified grounds, but appeal is allowed from the decision of a justice who refuses to grant a licence. They may be declared forfeited on conviction for any offence under the Ordinance. Sales are restricted to the hours between 6 a.m. and 6 p.m. Owners and managers of estates, police constables, wardens, &c.

may arrest without warrant persons found with licenseable produce, where there is a reasonable suspicion of theft, but owners and managers may so arrest only in or upou plantations, or on roads immediately adjoining them. The onus probandi is thrown on the accused. Dealers must keep proper sales books, which are open to police inspection. Flogging may be ordered on a first conviction for praedial larceny, and must be ordered on a second, but the sentence must be approved by the Governor. The maximum number of strokes is 24. Persons under 18 ore to be whipped; the maximum is 20 strokes, or, for offenders under 14, 12.

BRITISH GUIANA.

Ordinance 22 of 1898 restricted flogging for 329 1899. praedial larceny to cases where there were aggra- vating circumstances or a previous conviction had been proved. Flogging was to be allowed, however, in other cases within a "proclaimed district"; the maximum number of strokes was reduced from 39 to 24.

BARBADOS.

Barbados has not found any special legislation as

to praedial larceny necessary. Nor has there been any recent correspondence on the subject. But whipping is a very frequent punishment for all forms of theft committed by juvenile offenders.

WINDWARDS.

In Grenada therc is a system of licensing (under Ordinance 21 of 1896) similar in principle to the Jamaica and Trinidad systems. Males convicted of stealing cocoa or nutmegs may be flogged once or twice in addition to imprisonment, but not twice within 14 days. The maximum number of strokes, whether for flogging or whipping, was reduced by Ordinance 2 of 1899 to 12.

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