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Star (Christchurch), Issue 4745, 16 July 1883, Page 2

It is to be hopbd tbafc tho Bill for the Consolidation of the Criminal Law will be paeeod. It ie based on Sir James Stephen's measure, and in really n wonderful monument of genius. The definitions of crime are concise, simple, and entirely free from ambiguity or technical twins. Take, fcr' example, following definition of the theft or stealing : — 238. Theft or stealing h the art of fraudulent ly »r without colour of right tatting, or fraudulently and without oolour of right coarerting to tho übg of any person, anything . capable of being stolen, with intent (a) To deprive, the owner, or any person haviig any special property or interest therein, permanently of such thing or of euoh property or interest ; or, (J) To pledgo the same and deposit it a* security ; or, (c) To part with it undnr a condition as to its return, whioh tho person parting with it may not be in a condition to perform ; (d) To deal with it in such a manner that it cannot be restored in the condition in which it wes at tho time of Euch taking and' conversion. Now, if any one will try to think the matter out, h« will find that no offenco which could cot bo designated theft is included under the above definitions. The code goos en to say that " the taking or 09c version may be fraudulent, although effected without secresy or attempt at concealment." "It is immaterial whether the thing converted was taken, for the purposes of conversion, or whether ife waßat the time in tho lawful poeceflsion of the person converting. Thus, if a man gives another his watoh to keep fir him while he goes to the theatre, the watch is in the lawful' poisession of the holder > but if the ktter goes out and pawns or sells the watch he i» guilty of thoft. The foliowiDg clause is interesting to Direotors and officers of publio Cor.uisniee and publio Boards, &o. 254. Everyone is liable to seven ye 2-8* penal servitude, who being a Director, manager, publio officer, or member of any body oorporate or publio Company, with intent to defraud (1) Destroys, alters, mutilates, cr falsifies any book, paper, writing, or valuable seourity belonging to the bedy corporate or pnblic Company j or (2) Hakes, or concurs in making, any false entry, or omits or concurs in omitting to e6ter any material particular, in any book of aooouat or other document." Promoters are deeltwith in the following oomprehemire olause : — 255. Everyone is liable to seven years* penal servitude who, being a promoter, director, publio officer, or manager of any body corporate or publio company either existing, or intended to he formed, makes, circulates, or publisher, or concurs in making, circulating or publishing, any prospectus, statement or aooount whioh ho knows to be faleo in any material particular— (1.) With intent ta induce persons (whether ascertained or not) to beoome shareholders or partner?* How many people ought to bo in gaol if this clause had been rigorously enforced during tke past ten ycara P The code is not the enaotment of tew law*, but tho simplification and consolidation of those already in force. Consequently it does not deal with the glaring anomalies of oar oriminal laws, with a view to roform "and amendment. This must come afterwards. And no doubt it will come, for when the whole criminal oode is rcducod to the sTze of a email pooket volume, everybody will study it, and the glaring inequalities of punishment for different offences will be more marked. We ■ just noted two : everyone (a. 288) is liable to Iseven years' penal servitudo who oorraptly takes or bargains for any reward, directly or indirectly, in consideration that he will help any person to recover anything obtained by any crime, unless, he shall havo need all das diligence to cause the offender to be brought to trial for the same. But it a person wilfully, in a manner likely to 1 injuro or endanger the safety of any person 011 a railway or tramway, plaoes an obstruction on the lice, or •interferes with the lights or Bignals, he is only liable to two years' imprisonment. Thus, if your favourite poodle is stolen, and you offer a reward of say five pounds for the little darling, and next day a gentleman of unprepossessing oppearanoe presents himself, and " think* he knowa where the little dawg is, fact is he followed a friend of his'n home," if you get your dog restored and pay the thief's mate the five pound?, he is liable to seven years' penal' servitude. But if with the view of killing some person whom he hnlea, a vindictive mem so obstructs a railway as to endanger the lives of soorcs of persons, provided tho acb is diooovcred in timo he is only liable to two years' imprisonment. In suoh a Cfise we confete that oar sympathies are with the gentleman whose friend stole the little dawg. But then wo do not own a little dawg, and we do travel by railway.