, 1891-06-13

- 'AN~AA NNS O0A A4NANA AONA4NA Ac
way to the place from where the articles were
removed, affords no cause to exclude it from
the more lenient view as above set f0rth,-it
is hereby, and IN keeping with the fundamental
view which predominates already in some few
individual instances, for instance in King
Christian the Fifth's Code, 6 Oh. II B.-3O
Art. and 81, prescribed and ordained as a gene
raj rule which has to be followed in these and
IN other cases OF a similar nature, that they
shall not be dealt with and considered as thefts
at all events only on the demand Of the suffer
er are they Liable to public prosecution by the
Courts-' and the penalty shall be fines
not exceeding 80 Rid, or Imprisonment for q
term not exceeding IA days. The question
hinges on this, if the taking away of even q
few canes, or cane tops, or grass, or provisions
from the enclosed or open fields of a proprietor
Is to be deemed exceptional Theft. OF course
We must leave out Of consideration petty or
worthless things such as 'hog-tops" or tho
like, while We can not afford to look away from
plant tops, which always represent an intrinsic
and standing value as seed plant furthermore
we are not at liberty to abstract or look away
from the maxim, that the quantity or value
stolen, has nothing to do with the crime itself,
except indeed where the acoeptation generally
prevailing does not include the offence under
the head oftheft. But there is not one man
here who does not. and would not consider the
unlawful and clandestine possession, with in
tent OF self enrichment, or for self comsump.
tiOn,) Of those articles named, from fields or Ell.
closures, as thefts and nothing but thefts in
their true and clear form those very men
who steal from the proprietor, look upon the
same sort of aggressions when committed by
others on them, as being thefts and claim
punishment for thefts on the offender. Then
again, you must not lose sight Of this fact,
that the same thief cuts not only to-day. but
tomorrow and day after and there is not
one thief only, but hundreds who cut the canes
etc; they moreover very naturally choose the
best canes etc, and being in a hurry, they cut
any how, and root up any how and it will
scarcely be believed, that the cutting of a cane
has a great deal to do with the preservation of
the parent plant. Furthermore, it is indeed
exceedingly rare that a Cane or the like is
stolen for consumption on the spot; but many
canes or cart loads of tops are usually the mea-
sure. The state of things in Europe can not
entirely be compared with those here in this
respect. But still if we look at penal enact
ments elsewhere, we will also find, that the
proposed punishment is by far not too severe.
In Denmark the penalty for offences of the
class falling under s 30 is by the new penal
Code Of 1866 fixed at fines not beyond so Kr.
or simple Imprisonment for I mouth; In Bar
bados by an Act of 9th September 1884, Sec.
81, cfr. 81 it is enacted, that if any one shall
steal, or shall cut, break, root up, or otherwise
destroy or damage any cultivated root or
plant, used for the food of man or beast. or
for d~istilling or dyeing, or for or in the course
of any manufacture, and growing in any land
open or enclosed, every such offender shall for
the first offence be committed to the common
gaol or house of correction, there to be i'm
prisoned and kept to hard labour for any term
not exceeding one Calendar month; and for any
subsequent offence Of the same kind imprison-
ment with hard laboUr for a term not exceeding
3 calendar months, and the Justice may further
order the offender, if a male, to be once or
twice publicly or privately whipped. Similar
e~nactments are given also for St. Christopher
and for Anguilla, see Acts No. II and los. In
England the distinction between grand and
petty larceny is now abolished, and every
simple larceny, whatever be the value of the
property lit need not even be the value of some
coin known to the law, that is to say, of a far
thing at least) is now of the same nature and
subject to the same incidents as grand larceny
formerly; for stealing or outing trees or
shrubs etc, wherever they may be growing,
every offender shall pay the injury done and
forfeit 60 or for any subsequent offence i'm
p~risonment with hard labour for a term not
exceeding 8 months z & s G. 4. c. 20 s. 39).
Moreover, the Laws in Denmark against steal