April 1, 1904.1 THE TROPICAL AGRICULTURIST. 
687 
visions are applicable to the local circumstances of 
Ceylon. We are of opinion that the provisions of 
the Grenada Ordinance with regard to the regula- 
tion of sales of cacao might be adopted in Ceylon 
with advantage to the cacao grower and without 
hardship to the general public. We recommend 
legislation on the following lines : — 
(1) The Ordinance to apply only to districts 
proclaimed for the purpose. (2) The purchase 
of cacao prohibited except by licensed dealers. 
(3) Sales only to take place in licensed premises, 
(4) Licenses to purchase cacao to be issued by 
the Government Agent or Assistant Govern- 
ment Agent, who may refuse to issue licenses, 
or cancel licenses already granted, subject 
to an appeal to the Governor in Executive 
Council. (5) Sale of delivery of cacao only to take 
place between sunrise and sunset and at the 
licensed premises. (6) Licensed dealers to buy only 
from persons known to them personally. (7) Pur- 
chase from children prohibited. (8) Licensed dealers 
to keep books in prescribed form showintr details of 
delivery and disposal and other particulars. (9) 
Power of police officers to inspect licensed premises. 
(10) Licensed dealers prohibited from buying "wet 
cacao," i e., cacao in the pod, or cacao beans covered 
or partly covered with pulp. 
While we believe that legislation on the lines we 
have sketched will go some way towards checking 
cacao-stealing by preventing the purchase of cacao 
by irresponsible persons, it is necessary to con- 
sider the 
MORE DEASTIC EEMEUTES WHICH HAVE BEEN 
SUGGESTED. 
Mr Alexander strongly advocated a system of 
which the prominent features are the registration 
of all cacao gardens and the prohibition of the 
removal of cacao without a " tundu " or pass from 
the headman. This scheme is practically the same 
as that which is elaborated in the schedule to the 
report of the Pra?dial Thefts Commission in 1895. 
The Commissioners, however, did not recommend 
the adoption of the system. They state in para- 
graph 23 of their report: "They (i.e., the Com- 
missioners) do not, however, recommend its adop- 
tion at present, as the evidence does not establish 
that thefts of these products are so general or 
of such a magnitude at the present time as to 
justify the introduction of a measure of such 
stringency, involving as it does considerable 
interference with the ordinary course of trade." 
The reasons which induce the Commissioners 
to reject this scheme are now at least as 
strong as they were in 1895, and we do not think 
that present circumstances would justify the in- 
troduction of this scheme. Ihe views of the 
Matale Planters' Association are expressed in the 
following resolution which was unanimously passed 
by the Association : " We the undersigneU are 
of opinion that the law as it now stands is not 
sufficient for the protection of cacao proprietors. 
We would therefore respectfully suggest some 
amendment of the Pi;iedial Products Ordinance, 
which, while continuing to make possession of 
green cacao without a satisfactory account of 
such possession an offence, might also provide 
against the dishonest possession of ripe and cured 
cacao. We should also be grateful for any pro- 
vision against receivers which the Government 
may be disposed to grant." We are at one with 
the Association in believing that when a person 
is found in possession of cacao which may rea- 
sonably be supposed to be stolen there is nothing 
unfair in calling upon him to show that he came 
by it lawfully. But when may cacao reasonably 
be supposed to be stolen ? We cannot however, 
go the length of agreeing with the Associat'.on that 
any person having cacao in his possession, whether 
ripe or unripe, cured or uncured, fresh or 
stale, could fairly be called upon to account for 
his possession. To enact such a provision would 
be to place a very wide power of harassing the 
public in the hands of those charged with the exe- 
cution of the measure. The practical difficulty is 
to define the circumstances in which cacao may 
reasonably be presumed to be stolen, it was sug- 
gested to us that the word " uncured " should 
be substituted for the word " unripe " in section 
3 of Ordinance JNo. 9 of 1885. The section would 
then run : " Whenever the uncured fruit of the 
cacao tree shall be found in the poss- 
ession of any person who is unable to give a 
satisfactory account of his possession thereof 
such person shall be deemed and adjudged «;uilty 
of an offence." We are satisfied that this sugges- 
tionis impracticable, and the adoption of the word 
"uncured "in the section would give rise to much 
uncertainty and difficulty. 
In the Grenada Ordinance tne term "wet" cacao 
is used to denote recently gathered cacao, and the 
term is defined to mean " cacao in the pod or cacao 
beans covered or partly covered with pulp." We 
have come to tlie conclusion that the 
BEST MEANS OF SECURING THE PUNISHMENT OF 
CACAO THIEVES AND RECEIVERS OF STOLEN 
CACAO 
would be to enact a section to the following effect: 
"Where any person is found in the possession of 
wet cacao which may reasonably be supposed to 
have been stolen he shall be guilty of an offence, 
unless he proves to the satisfaction of the Magis 
trate that he came by the same lawfully." It is 
true that we have not attempted to define the cir- 
cumstances under which cacao may reasonably be 
supposed to be stolen. We doubt whether it is 
possible to do so, but in the majority of 
cases we believe that no difficulty will arise. 
In the case which is of frequent occurrence, 
where a villager is caught on or coming from the 
direction of a plantation carrying wet cacao, there 
is no hardship in calling upon him to account for 
his jossession of cacao, and if he tails to do so the 
inference that he stole it is irresistible. The 
efficacy of the measure which we have recommended 
will largely depend upon the interpretation which 
Magistrates and the Supreme Court put upon the 
word 'reasonably supposed to have been stolen.' 
It Magistrates construe the words with moderation 
and good sense, and take action only in case where 
the circumstances fairly give rise to the presump- 
tion of theft, we have no doubt that they will 
receive the support of the Supreme Court. 
With reference to the inquiry whether any des- 
cription of fencing would be of service in protecting 
cacao from thieves, we are of opinion that no 
description of fencing will have this effect to any 
useful extent. There is no fence which can be 
grown or constructed at reasonable cost which a 
human being cannot penetrate or surmount. 
Alfred G. Lascelles, Chairman. Samuel 
Haughton, Government Agent, Central Pro- 
vince. A. C. KiNGSFORD, T. C. Huxley, 
Peter De Saram, 
December 31st, 1903. 
