PUBLIC RECORD OFFICE
Reference :-
C.O. 885/5
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
Dried up beds of rivers, &c.
Canes planted on river re-
serves.
Power to divert water- courses, how limited.
Syndics of rivers to be appointed.
llow chosen.
Marshes to he
under the provisions of
Article 59.
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ance of the plantations thereon made would not be expedient, and also wherever the river or rivulets shall flow in a winding instead of a straight line, and where two rivers or rivulets shall flow within 1,000 feet of each other on the same property, and also wherever on the report of the Warden of Woods and Forests the Governor shall consider it more expedient to plant only a portion of the river reserves, and to leave the rewooding of the remainder to the operation of nature.
The Governor shall also have power to authorise (subject to such conditions or restric- tions as he may think advisable to impose) the proprietors of the river reserves to plant otherwise than with trees such parts of the said reserves which it may be found inexpedient to plant with trees as aforesaid.
62. It shall nevertheless be lawful for every proprietor or occupier of land, on which may be found the dried up bed of a river or rivulet to apply to the Governor in Executive Council for an order that such dried up bed of a river or rivulet shall not be, or shall cease to be, included within river reserves, and it shall be lawful for the Governor in Exective Council to grant a certificate to that effect, signed by the Clerk of Council, but such certificate may be withdrawn by a notice in writing likewise signed by the Clerk of Council should the Governor in Executive Council be satisfied that the circum- stances under which the certificate was granted have changed and no longer justify the cxemption.
1
63. If before this Ordinance has force and effect any cane plantations have been made upon any river reserves, the owner or occupier of the said reserves shall be allowed to cut such canes twice if the canes be virgin canes at the time of the passing of this Ordinance, or once if the canes be not virgin canes; provided that such owner or occupier be bound within one year after the canes have been finally cut to replant the said river reserves with trees, unless he can prove that the land had been cleared before the 1st January 1854, and if he cannot prove that the land had been cleared before 1st January 1851 he shall be bound to replant the river reserves with trees in the manner and under the penalties enacted in Articles 56 and 57 of this Ordinance.
61. It shall be lawful henceforth for the Governor in Executive Council to authorise the diversion of a watercourse from its original channel into an artificial bed, provided that the decree or order authorising such diversion shall contain provisions for the protection of the watercourse so diverted, such provisions to be made in accordance with the merits of every particular case, but in every case no greater or lesser space of ground than the area of river reserves as enacted in Article 56 shall be ordered to be planted with trees.
65. Whenever the shares or portions of water to be taken by each riparian proprietor from the total volume of water of any river or watercourse shall have been settled and determined by the Executive Council, such riparian proprietors shall have the right to appoint a syndie and a joint syndic and guardians for any such river or watercourse, the appointment, powers, and duties of such syndic and joint syndic being similar to those of the syndics and joint syndics of canals under Ordinance* No. 35 of 1863.
66. Provided that, henceforth, whenever the syndic of any river or watercourse shall have been chosen from amongst the riparian proprietors or borderers of the upper moiety of the course of such river or watercourse, the joint syndic shall only be chosen from amongst the riparian proprietors or borderers of the lower moiety of the course of such river or watercourse, and vice versú, all Arrêtés, Ordinances, decrees, and laws contrary to this provision notwithstanding.
CHAPTER VI.
Murshes.
1
67. Any marsh or morass situated on Crown lands from which a watercourse flows shall be held to be part of such watercourse, and shall be under the provisions of Article 59 of this Ordinance.
And it shall be lawful for the Governor in Executive Council to proclaim that such marshes or morasses as aforesaid which may be private property shall form part of the watercourses flowing therefrom, and be placed under the provisions of Article 59 of this Ordinance, subject to compensation to the owners thereof under Article 6 of this Ordinance.
*Ordinance No. 35 of 1863 to amend and consolidate the Laws ns to Rivers, Streams, and Canals, not printed in this paper.
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punishable.
68. Whosoever shall cut, destroy, remove, mutilate, lop, or bark any tree planted or Persons cutting growing upon a marsh or morass as aforesaid shall be deemed guilty of an offence, and tree. for the first offence shall be liable to a fine not exceeding 104, and for every subsequent offence to a fine not exceeding 2Q7, and shall further forfeit the value of the trees so cut down, destroyed, removed, mutilated, Jopped, or barked, and in case of a conviction under this Article, the offender shall be liable to pay to the Government the cost and expense of replanting the said reserves,
teries.
69. No private cemetery shall, after the passing of this Ordinance, be established in Private ceme- any part of this Colony, unless a sufficient space of ground he provided around it, so that the burying ground be surrounded by a belt of trees of not less than 15 feet deep; and if the said belt of trees be not planted within one year after the opening of the said cemetery, it shall be lawful for the Governor in Executive Council to order such cemetery to be closed.
CHAPTER VII.
General Provisions.
planted
70. In any case in which the owner of land is not known, and in which the Curator of" Unoccupied Vacant Estates shall not have been sent into possession of the said land, it shall be lawful and with for the Governor in Executive Council to order such land to be planted with trees, and trees. the Crown shall have the right when the owner of the land resumes possession of his land to be previously repaid the amount of the additional value given to such land on account of such plantations, provided that the Governor shall be bound, before incurring any expense on account of such planting, to insert notices in three consecutive numbers of the Government Gazette and also in two daily newspapers, describing the land to be planted as aforesaid, and calling upon all claimants to the same to make known their claims.
71. Should any person lay claim to the land in question, the Governor shall stay Claimants to proceedings, but such person shall be bound, if not in actual possession by himself, bring their agent, or servant, to bring his action to take good his claim before the Supreme Court delay."
action, in what within three months next after notice of the said claim has been given, and on behalf of the Crown the Colonial Secretary shall be made a defendant to the action.
sion not to be
72. Should such claimant have been bond fide in actual or legal possession for more Claimants in than one year, and be deemed to be so by the District Magistrate of the district in which legal posses such land is situated, such possession shall not be, in the first instance, interfered with, disturbed in but the Crown shall be left to the usual legal remedy to recover possession of the land, the first in- or to buy the claimant's right to the ownership thereof.
stauce.
ways to he
73. It shall be the duty of the Warden of Woods and Forests to plant with trees, unless Lands border- the proprietor or occupier of the bordering lands elect to do so within a reasonable ing on high- delay, all the main road sides within 1,200 feet above the level of the sea, the distance planted. between such trees not to be less than 15 feet and not more than 20 feet, and one row of trees on each side of the road to be sufficient.
of
Provided that it shall not be lawful for the Government to plant trees within 30 feet any building if such plantation be objected to by the owner.
Whoever shall without the consent of the Surveyor-General cut, mutilate, lop, bark, or destroy any tree planted on the sides of a main road in execution of this Article shall incur for cach tree cut, mutilated, lopped, barked, or destroyed by him a penalty not less than 57. and not more than 204,
Council to
74. It shall be lawful for the Governor in Executive Council to make regulations for Governor in the better execution of the provisions of this Ordinance, provided such regulations be Executive not inconsistent with or replignant to the said provisions, and such regulations, when make regula published in the Government Gazette, shall have force of law as if they formed part of tions, and were embodied in this Ordinance, and such regulations shall be laid on the table of the Council of Government at the meeting next after the promulgation of the said regulations.
75. Any breach of such regulations shall be deemed an offence against this Ordinance, Breach of and the person guilty thereof shall be liable to a fine not exceeding 57. for the first offence, and for every subsequent offence to a fine not exceeding 10/.
() 033.
punishable.