, 1891-06-10

"eAoAe IL HAS become mCurable, and before
proprletors must take their own justice, at any
rsk or consequence, rather than be subject
to the uncomfortable. But it is strange that
the very identical clause. as here proposed. is
found IN s 33 & "a of the Ordinance ON
Gaming in Denmark, dated goth MAY 1910
and renewed by Law Of lst ! pril 1871. which
enactments, as far as lam aware, are still in
force there; these enactments so so far as to
prescribe, that any one when seizedl Offering
resistance must stand on his deeds and take
the consequences, and more over be punished
according to the Criminal Code. For this
colony there are a series of ~enactments given
ny the local Government IN the years 1882
1880, relating to hunting and shooting. notably
governments Placarl Of 18th August 1885.
has the Government examined those enact
mentS, and are they still in force so far. or are
they repea'e | by the tre,pass Ordinance of
l8o6-? For St. Christopher an Act of 1888
Sec. % provides, that all persons committing
malicious injury to property may be immedi-
ately apprehGnded by the owner of the proper
ty or his servant or any person authorized by
hlm; the same Is prescribed by Act 9th Sep
TENDER 1854 for Blrbadoes by 8 G.. 4 C. So
for England the owner or occupier of
lane or any person having free chase, or
the gamekeeper, or any servant of any of
these persons, has the right to seize and
apprehend any intruder on the land, or in case
OF pursult; and in all such cases if any violence
be offered, the offender is liable to penalty
OF Imprisonment with hard labour for J wears
or transportation beyond the seas for 7 wears.
s far back as 1858 we find general enactments
OF a similar nature, on this matter in the
Danish Code 5 B. 10 Ch., but they, although
sharp enough in themselves, are of course not
sufficient to prevent the abuse in question.
Now, His Excelleney has failed to show why
rogues andivagabOnds shall be dealt with more
l~enlently here than elsewhere he has stated
nothing to show why we here shall consider
a measure like that proposed, in keeping with
enactments elsewhere, to be more dangerous
here; and as the urgency of the demand for
more appropriate enactments is admitted
cannot see why the Council should find any
cause to share His ExceIlency's fears to touch
at a year old Ordinance; anyhow, better
brave the supposed danger, than suffer the
present ills.
But again, His Excellency referred to II
OF the Ordinance of 1886. What GOOD has
that Ordinance done, and has that special en-
actment been suited to check the evil, or has
TINS latter grown since then? The evidence
or every day experience serves to oorroborate
that the evil has increased in extent and in
lON"A'J' n UOCtOIS, even the so much UNJUST
~ censured H~omoopaths and even Ouack-
Doctors, are forced to change the patients
Medicine, when the malady grows worse in
stead OF better; 50 much more must the Doc
tor having a part of the state under his care.
regulate the remedy according to the state of
the malady and the intensity of the evil;
what is the use to tell planters that they must
try to help themselves with the existing laws
when these have proved entirely abortive?
His Excellency has been more absent than
present on the Islands for the last years. hence
1t is quite excnsable if he had not full know
ledge OF all the facts connected with these
matters. If His Excellency were alive to facts
as they are, he would willingly see that there
are evils IN the respect here treated of, which
require to be remedied, even at the risk of
committing some tri1ing enoroachments on
the right of property and His Excellency
would have known that something more is re-
CURED than the mere reference to a given law.
which has already proved nugatory. His Elk.
cellency is disinclined to favour anything be.
yond what is in the Ordinance of 1886. the
seizure of poachers with their arms is danger
Gus. But the natural right possessed by every
one illegally attacked, to defend himself and
his property, even at the risk of damaging the
a%ssailant, is not ignored as yet in Danish Law.
Even the positive Laws warrant the same de-
fence. In Dlnish Code 6-15-I5. 16 and
6-l7-l3, and which are still in existence in
reference to thnsa co1oniaS VIC Gnd - oroaor;h