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PUBLIC RECORD OFFICE
Reference :-
BE REPRODUCED PHOTOGRAPHIC- WITHOUT PERMISSION OF THE
COPYRIGHT PHOTOGRAPH-NOT TO
C.O. 885/5 PUBLIC RECORD OFFICE, LONDON
Debentures
not to exceed
in amount
150,000.
Each debenture not to be mudez
100f, or over 500/
Debentures
delivery.
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15. Such debentures shall be issued, from time to time, as to the Governor in Executive Council shall seem fit, and the aggregate amount of the same shall not exceed the amount of 150,0007.
16. Each debenture shall be for a sum of not less than 1007, and not more than 5007, and shall be paid off at par at the expiration of such periods as the Governor shall deem expedient, provided that the term in no case shall be less than ten years or more than thirty years.
To each debenture shall be attached coupons, for the payment of the Ball yearly or quarterly interest, as the case may be, corresponding in number to the period for which such debenture shall have to run.
17. Each debenture and all right to, and in respect of the principal money secured theable by thereby, and each coupon and all right to the interest mentioned therein, shall be trans- ferable by delivery, and shall be payable either at the Office of Her Majesty's Agent for Crown Colonics in London, or at the Treasury of the Island. of Mauritius, as the lender shall elect at the time of allotment, or after giving six months' notice of his choice.
Debentures a preferable delt Recured by the Woods and Forests Fund,
Debentures when paid,
to be cau-
colled.
Sinking fun.l established.
Moneys pail into the kink- ing fand, how "invested.
Power of redemption.
Surplus re- vendo applied
to redeem, or paid into the sinking fund.
Owners of real property may prevent the purchase by the Crown of
18. Each such debenture shall be signed by the Colonial Secretary and the Receiver- General in this Colony, and if allotted to be paid in London, shall further be signed by the aforesaid Agent for Crown Colonies. And cach such debenture is hereby constituted and declared with the interest thereon respectively a debt due by the Government of Mauritius, and shall morcover be and is hereby constituted and declared to be secured by the said Woods and Forests Fund and to be a debt preferable to any other debt incurred under the provisions of this Ordinance.
19. Each such debenture when paid, either in London or this Colony, shall be cancelled by the Receiver-General, and a note thereof with the date of payment recorded in the special register kept for that purpose.
20. The Governor shall every year, appropriate out of the Woods and Forests Fund such sum as shall be equal to two per cent. of the principal sum borrowed in virtue of this Ordinance, and shall invest or cause to be invested the amount thus appropriated as a sinking fund towards the final extinction of the debt, and shall also, from time to time, invest or cause to be invested the interest, dividends, or produce arising from such in- vestment, so that the shine may accumulate by way of compound interest.
Provided that if the Woods and Forests' revenue be not sufficient to pay the interest on the debentures issued under this Ordinance and the amount to be as aforesaid appropriated as a sinking fund, the balance shall be paid out of the general revenue of the Colony.
21. All sums paid to the account of the sinking fund shall be invested in Imperial or Colonial Government or Municipal Corporation securities; such sums, if invested in England, shall be invested in the name of trustees to be chosen oy one of Her Majesty's Principal Secretaries of State, and if invested in this Colony, in the name of the Colonial Secretary, acting on behalf of the Woods and Forests Fund, but no securities shall be selected for such investment unless approved of by the Secretary of State.
22. Should it become advisable at any time before the period or periods fixed for the redemption of cach such debenture to extinguish any such debenture by withdrawing them from the market by purchase, the Governor shall, by his authorised agent, be empowered to make use of the sinking fund for that purpose, provided that all debentures so purchased shall be cancelled as aforesaid.
23. Any surplus monies arising out of any year's tax under this Ordinance, and which it shall not have been deemed expedient to spend, shall be either paid into the Colonial Treasury to the credit of the sinking fund, or as soon as practicable, employed to ex- Provided that if not tinguish by purchase debentures issued under this Ordinance. employed within six months for the purchase of debentures, such surplus shall be paid into the Colonial Treasury to the credit of the sinking fund.
But it shall be lawful for the Governor, with the advice and consent of the Council of Government, if there be any surplus in any one year to resolve that the said surplus shall be added to the following year's revenue, to be then dealt with otherwise than in this article prescribed.
Provided that all revenue accruing from leases or sales of land or timber, or from other sources under this Ordinance, shall be paid into the Colonial Treasury to the credit of the sinking fund, unless the application of the same to some definite purpose be already determined in this Ordinance.
24. It shall be lawful for every proprietor of real property, after receiving notice that the Crown intends to purchase such real property for public purposes, within the provision of this Ordinance, to prevent the intended purchase by undertaking to do or not to do,
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as the case may be, that which the Crown by such purchase intended to do or to prevent such property. being done under the provisions of this Ordinance.
Under what conditions.
25. Provided that, if after such undertaking the proprietor or occupier of such real conditions property does not carry out his undertaking, the transfer of such real property shall be how enforced carried into effect alter a peremptory notice, as if no undertaking had been given, and in the manner provided for by this Ordinance.
The delay within which an undertaking of the nature aforesaid shall be carried into exccution shall be fixed by the Governor in Executive Council, whenever necessary,
No further opposition shall be allowed, either by the Governor or by any court of law, to the conveyance of such real property for public-purposes as soon after it has been decided by the Governor in Executive Council, after hearing the parties, on the application of either the owner, occupier, or any person having any real right (droit réel) in and upon such real property to be so heard, that the party that had undertaken to do or not. to do has failed to discharge his undertaking, and the certificate of the Clerk of Council shall be conclusive evidence both of the decision and of the fact.
SCHEDULE.
C.
TABLE OF FEES.
To the Secretary of the Woods and Forests' Board for a certified copy of a
decision or award, folio of 90 words
per
£ s. d.
-
0
0 3
0
0 3
For a copy of a case stated [for reference to the Supreme Court, per folio of
90 words
-
-
Copies of any document produced, or any summons, writ, or warrant, or other process, before the Board, when applied for by one of the parties to the proceedings, per folio of 90 words
To the Ushers of the Supreme Court, to serve writs, warrants or summonses,
and endorse their returns
•
To the Usher of the District Courts for the same object
·
0 (
3
-
0
2
0
1
се
-
Witnesses shall be entitled to a free passage by railway to attend the Board
and to return to the place of abode, and for every mile beyond the lines of railway Ushers to receive the same travelling allowances as witnesses.
-
I 0
CHAPTER IV. Mountain Reserves.
"Mountain
meaning of
42. Mountain reserves shall, subject to the provisions herein-after enacted, mean and include any portion of ground lying on the slope of a mountain and its
range,
spurs, reserves," within a horizontal distance of 600 feet from the ridge line, and any portion of ground lying on the slope of a detached mountain within a horizontal distance of 600 feet from its ridge line, and 600 feet from the ridge line of any of its spurs, should such exist.
43. The Governor in Executive Council shall, as soon as practicable, buy for public The Crown purposes such portions of ground included within the meaning of mountain reserves in to purchase terms of Article 42 as may have been conceded to private parties.
when practica- ble, private
KOTVER,
It shall be lawful for the Crown to purchase and include within mountain reserves mountain re- any land on the slopes of mountains extending even beyond 600 feet from the ridge line. But until such purchase by the Crown it shall not be lawful even for the private owners of such mountain reserves, except with the express permission of the Governor, to cut down or destroy any live timber or brushwood growing on the sides or slopes of the mountains for the space of two years, to reckon from the date of the promulgation of this Ordinance; and any person offending against this provision shall incur a penalty of not less than 10%. and not more than 50%, for each offence, besides the costs of the prosecution, and the live timber or brushwood cut down, destroyed, or removed shall in all cases be forfeited.
tais ball bu reserved.
44. The mountains intended to be reserved in conformity to the provisions of Art. 43 What moun are those which are enumerated in Schedule A.,* and none other shall be deemed mountains within the meaning of this Ordinance. Provided that it shall be lawful for
• Not printed.
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