The law is inadequate.
The remedy: changes to the la w.
Having endeavoured to show that timber-stealing is very injurious and unjust to the proprietor, whose property ought to be protected as much as any other species of property in the Colony — that it is very unprofitable to the Farmer who engages in it, whom it leads into difficulties, expense and debt, and abstracts him from his farming, which is his proper and most profitable calling — and is not very creditable to the purchasers, I would propose something in the shape of a remedy.
By the law of the mother country it is felony to cut down any timber belonging to another, but this wholesome law is perhaps superseded by the colonial act of the 19‘h George |ll.* which wears the appearance of being a premium upon plundering timber. The highest penalty being 305. the proprietor can only receive 155. should he prosecute at a heavy expense, on the information of another, as a moiety goes to the informer; whereas several trees contain from [7 number illegible] to 5 tons, worth as many pounds, so that if a man be detected he has to pay for less than the value of the stolen propertyll This is the oddest way imaginable to protect property, for if he succeeds to run 100 tons clear of stump money, he pockets 17E. 105 of the property of the proprietor, who can rarely obtain proof sufficient to obtain this paltry penalty — this unequal visitation for this trespass, as the framers of the act have [sof?? — Illegib/e word], if not affectionately, designated this wholesale crime. Now, Sir, if the same penalty were attached to this offence here as in Britain, it would be sufficiently difficult to prove it, as there is a sort of beggar-opera honour among timber—stealers, which, with the fear of vengeance, disinclines them to give information. Would it not therefore be to the credit of the legislature and advance the morals of the community, to revise and amend this act; and indeed, to use every means to give the lie to opinions that sometimes have been expressed of us of the neighbouring Colonies — as a people indolent, tricking, dissolute and drunken?
But, it is in the due and wise regulation of the office of Timber Surveyor that the Landholder might find security against the plunder of his property. Let the Surveyor be held to keep regular books of all timber &c. surveyed by him, such books being subject to the inspection of any person upon his paying a fixed remuneration. Surveyors to state on what township, and whether on the leased or unleased part such timber grew, with the proprietor or lessee's name; and in case they could not do so of their own knowledge, then to require the person who cut and made the timber to say where he got it; and in case of refusal, or giving a false account, then such person to be subject to the penalty of 50E. half to the informer, half to the King — unless a part were given to the Surveyor; or, a heavy fine might be attached to Surveyors measuring timber for any person who had not a written leave from the Proprietor, or his Agent; also on any person buying any unsurveyed timber. Surveyors' books to be evidence in cases of prosecution. Surveyors to give a statement in writing of all timber, &c. surveyed by them on any lot on request of the Proprietors or their agents, receiving a given sum for every survey contained in such return. All ton timber, round saw-logs, and ship timber cut on stumpage leave, to be subject to measurement, whether got out and paid for by the piece or by the ton; with heavy penalty on persons buying or receiving timber of either description unsurveyed. Surveyors to make an annual return to the Colonial Secretary's Office. Perhaps I may have taken an erroneous view of these matters, and may get a lashing from some of your correspondents; but it is not my intention to respond to any reply, as justice, and not controversy, is the object of
A LOOKER-ON.
* See House of Assembly (1773-1849):1780. The law was in fact passed in the 20‘“ year of George lll's reign, and not the 19‘".
110