, 1891-06-13
CONTINUED from Avis No, 49,
E. SYitzer's Draft in the Colonial Council.
by X

land beyond those mentioned in the Ordinance
Of 1856. viz: deer; but surely there are wild
goats and pigs, besides asses. not to mention
guineabi4d DIS etc; it is also well known that
domesticated animals can become wild, such as
bull and COWS or even horses in this sense the
term wild" is used in this Draft, as well as in
corresponding Acts for the British West India
Islands. All these wild or stray animals are
good objects for poachers to aim at some Of
those people are armed with miserable apollo
giles for guns; others know SO little to use their
guns, that they in most cases only wound the
animal, which runs of and dies in the woods.
His Excellency spoke against extending the
prohibition against the sale Of venison the
meat OF flesh or any part Of any other animal
should not be excluded; mo one would then
have the right Of selling for instance kids or
goats etc, without a note from a proprietor
How His Excellency gets kids and goats under
the head Of 1.-THE meat or flesh or any part Of
any animal is not for me to explain | do not
doubt but that it can be explained; but GER
tainly it is the wish and desire, and
a very legitimate and natural demand
that not only shall the meat etc. Of kids
and goats not be offered for sale, but
neither shall kids or goats be offered for
sale. The Ordinance of 1858 is Just the cause
why land owners small stock, goats and sheep,
~ ptCACL3 bCSQttop oil ANU GN6INDOuy Cdu
slaughter those sorts of animals and offer the
mutton for sale. Does his Excellenoy know
to what extent this business is carried on, and
that some few cases nave been unfortunate
enough to come before the Law, while the
greatest part still takes place Uninterrupted
Iy-? The Ordinance of 6tl September 1868
requires IN many more respects than this to be
altered bat II he vending of these articles,
except by the butchers be controlled, the thefts
Will decrease.
Turning to 3, His Excellency called atten-
ton to the distinction made in the Ordinance
Of 18th April 1910 between petty thefts and
3.and thefts, and said the decision rests with
the Courts of Justice. Now, it is not the OBJ
ject of the Draft to interfere with the extent
Of power or the ~prerogatives Of the Courts of
Justice; but what is aimed at is this, that, as
1t has been seen that difference of opinion
prevails as to how thefts of canes, cane-tops,
etc. are to be punished, whether under s l or
under s 80 Of the Ordinance of 18th April
1910, it is proposed to give a legal enactment,
that such aggreSsions are to be punished in a
particular manner, thereby avoiding all I'M
certainty, thereby looking away from the
point whether there be stolen little or much;
for it is a maxim of law, that the quantity or
number stolen is not Of real note, and as these
thefts involve not only the dispossession of
the individual Article, but also injury to the
growing plant or even its ruin, this circum-
stance must of moment too when fixing the
penalty.
Of course there are differences of opinion as
to whether the proposed penalty is too severe;
but it must not be overlooked that those people
a simple imprisonment or Imprisonment on
bread and water as a treat; they are in prison
better off than at homeland at the same time
consideration must be taken to this that the
injury sustained by the owner extends far be-
yond the loss of the article itself; as in the
case of the canes, the stools are ruined for
ever. Now, His Excellency dwelt upon the
difference between thefts under s l and thefts
under 5 80; still, it has not become more
clear to outsiders land l have spoken with
many on the subject, what is the real differ
ence; the outsider argues, that it is theft any
how, as soon as another person illegally and
secretly puts himself in possession of another's
goods, with the intent and object to bene-
ut and enrich himself; and that the offence is
the same whether the article stolen be Of great
.er or lesser value;-and we may concede that
much; but there are exemptions from that rule,
as prescribed by the said s 80; and it may be
well to copy a translation of that section. which
/ found in some old pa pers- viz Gas there are
offences, which although by their form they must
be looked upon and deemed as thefts under the
general acceptation of the term, have notVith-
mr.. a. h1Gr, nlCo01 49, IL