الشيليا
PUBLIC RECORD OFFICE
읽이
Reference :-
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
C.O. 885/5 PUBLIC RECORD OFFICE, LONDON
Mountain re-
serves to lí planted.
Unlawful to
cut trees. when.
Penalties for cutting trees.
Surveyor- General to determine bontylaries.
Appeal to Supreme Court.
14
the Governor in Executive Council from time to time to insert, by proclamation, in Schedule A. any other mountains, hills, hillocks, or uplands already belonging to or purchased by the Crown, and every mountain, hill, hillock, or upland so proclaimed shall be dealt with from the date of the proclamation as if the same had now been in- serted in Schedule A.
It shall be sufficient for the purpose of carrying out this Ordinance to describe any mountain, hill, hillock, upland, or the spurs thereof mentioned in Schedule A. by the name given to the same in the said Schedule.
45. It shall be the duty of the Warden of Woods and Forests to plant or cause to be planted all the mountain reserves belonging to the Crown.
46. It shall be unlawful for any one to cut down, destroy, remove, mutilate, lop, or bark any tree on the mountain reserves without the express permission of the Surveyor- General; provided always that this enactment do not interfere with the rights of private parties that may be the owners of portions of ground included within the term and mean- ing of mountain reserves.
47. Whosoever shail, without the express permission aforesaid, cut down, destroy, remove, mutilate, lop, or bark any tree on the mountain reserves, shall be guilty of an offence, and for the first offence shall incur a penalty not exceeding 201, and for the second or any subsequent offence a penalty not less than 10. and not exceeding 50%, in addition in any case to the value of the trees cut down, destroyed, removed, mutilated, lopped, or barked, or imprisonment not exceeding one month, but this provision shall not apply to the owners of mountain reserves who have not parted with their rights.
48. It shall be the duty of the Surveyor-General, after giving notice in the Govern- ment Gazette of his intention to fix the boundaries of mountain reserves on each particular mountain, to fix and determine the boundaries of mountain reserves including the portions of ground belonging to the Crown, and those that belong to private parties, but distinguishing public from private property.
49. Any person dissatisfied with the Surveyor-General's determination shall have power to appeal within 10 days by way of petition to the Supreme Court; such petition shall contain the reasons of appeal, and no reasons shall be entertained but those set forth in the petition.
50. Whenever any interested party shall decline or neglect, upon notice, to produce producing title his title deeds, or to give just and precise information as to the place or office where the same may be inspected, the Surveyor-General shall, after 15 days' notice of the day of survey, proceed ex parte, and his memorandum of survey shall have the same force and effect as provided for by Art. 18.
Parties not
deeds.
Parties found
punishable.
51. If any unauthorised person, although not actually found cutting wood or mutila- with axes, &c. ting or lopping trees on the mountain reserves, be found on such reserves with any faggot
of wood, or branches of trees or with any axe, hatchet, or any other instrument or imple ment with which trees can be cut, such person shall be deemed guilty of an offence, and incur a penalty not exceeding 107. for every such offence.
Canes plantel on mountain
reserves.
Mountain tops
and slopes within muni- cipal boun- daries.
River reserves.
Meaning of.
What shall be
52. If before the passing of this Ordinance any person shall have planted canes upon the mountain reserves belonging to the Crown, such person shall be allowed to make one crop of the said canes and shall then surrender to the Crown the land so occupied, without prejudice to contracts lawfully entered with the Crown, and without prejudice to the right of the Crown to bring any suit or action, or institute any prosecution for trespass, illegal entry, or any other cause, if the nature of the case require it.
53. The mountain tops and slopes within the municipal boundaries are hereby with- drawn from the possession and control of the Municipal Corporation and placed under the control of the Surveyor-General.
CHAPTER V.
River Reserves.
54. The banks of rivers and rivulets shall be deemed to be river reserves, subject to the provisions and restrictions herein-after enacted.
held rivers and rivulets,
55. No stream or watercourse shall be held to be a river or rivulet within the meaning of this Ordinance, except such as are enumerated in Schedule B. of this Ordinance and the feeders thereof as described in Clause 4 of Article 105 of this Ordinance. vided that it shall be lawful for the Governor in Executive Council from time to time,
Pro-
* Not printed.
15
to proclaim other streams or watercourses to be rivers or rivulets within the meaning of this Ordinance, and such streams and watercourses thus proclaimed shall be dealt with
river reserves,
to all intents and purposes as if they had now been included in Schedule B.
56. River reserves shall include with respect to rivers and rivulets all the escarp- Extent of ments of such rivers and rivulets, whatever may be the height or area of such escarp- ments, provided that when a river or rivulet has no escarpments, or no escarpments wider than 50 feet or 25 feet respectively, the reserves shall include such additional land as will make with the escarpment a space of 50 feet on each side of the bank of such river or 25 feet on each bank of such rivulet, the measurement being in every case made horizontally.
57. Any person who shall cut down, destroy, remove, mutilate, lop, or bark any live Trees on river tree or brushwood on the river reserves aforesaid, shall be deemed guilty of an offence, reserve most to and for every such offence shall be liable to a fine not less than 10%, and not exceeding be cut, &c. 501, in addition to the value of the trees so cut down, destroyed, removed, mutilated, lopped or barked.
Provided that every proprietor of river reserves may cut down and destroy brushwood for the purpose of planting useful or ornamental trees, on giving previous notice to the Surveyor-General of his intention to do so, and on condition that if such trees be not planted according to notice, the penalties enacted above shall be held to have been incurred.
It shall further be lawful for every proprietor of river reserves to cut down, destroy and remove live trees or brushwood for the purpose of opening the boundary lines of his property, or building, a bridge, or setting up a chaussée, or making a road across any river or rivulet, and also to clear away, cut down, and remove trees and brushwood on a space not exceeding 30 feet in width so as to have convenient access to the river for his cattle.
No permission shall be required for the purposes set forth in par. 3, but notice shall be given to the Surveyor-General at least 10 days before the trees are cut down, destroyed, or cleared.
Provided that if any proprietor cuts down, destroys, clears away, or removes frees or brushwood, or causes or suffers the same to be cut down, destroyed, cleared away, or removed, under the false pretence that a bridge is to be built, a chaussée set up, or a road made, such proprietor shall be deemed guilty of an offence, and for every such offence shall be liable to a fine of 50%, or three months' imprisonment.
Provided also that any person who shall plant otherwise than with trees any land comprised within the river reserves aforesaid, except with the permission of the Governor as hercin-after provided, shall incur a penalty at the rate of 501. per acre, and the planta- tions so made shall be forfeited.
58. Any person, except the proprietors of the land, or persons by them authorised, found upon any river reserves with any axe, hatchet, or any other instrument or imple ment used to cut wood, shall, although not found actually cutting wood or brushwood, be guilty of an offence and incur a fine not exceeding 57, unless such person can prove to the satisfaction of the Magistrate that the axe, hatchet, or other instrument or imple- ment aforesaid was intended for some other and lawful purpose.
Persons found
axe, &c. pun
on river re- serves with
ishable.
59. It shall be the duty of the Warden of Woods and Forests to plant or cause to be River reserves planted all such portions of the river or rivulet reserves that may be denuded of live to be planted, wood, unless the proprietors or occupiers of land bordering such reserves elect to plant by whom. and maintain these themselves with trees of their own choice, within a delay to be fixed by the Warden of Woods and Forests.
Provided that in the case where the Warden of Woods and Forests shall have planted river or rivulet reserves as aforesaid, the proprietor shall be bound to keep and take charge of all the plantations made on such river and rivulet reserves one month after the said plantations have been reported by the Warden of Woods and Forests to have been successfully effected; provided that if the report of the Warden be disputed by the proprietor, the question shall be finally settled by the Governor, before whom the contested point shall be brought by petition from the proprietor objecting to the report.
punishable.
60. Every proprietor or occupier aforesaid, who shall refuse or neglect to comply with Neglect of the provisions of the preceding Article shall be deemed guilty of an offence, and shall such duty, incur a fine not exceeding 20%, and an additional penalty of 5. per acre or portion of an acre of the river reserves which he was bound to maintain as aforesaid for every 12 months that he shall continue to refuse or neglect to comply with this enactment.
61. It shall be lawful for the Governor to exempt the Warden of Woods and Forests Exemptions to from the duty of replanting the whole or part of the river reserves when from the nature be granted of the escarpments or other circumstances the planting of such reserves or the mainten- by the Go-
vernor.
B 4