Forests and Waste Lands. Seizure of property liable to confiscation. Report to government agent. [§ 17, 1 of 1892] Procedure thereupon. [§ 18, 1 of 1892] Timber, forest Disposal, on conclusion of trial for forest offence, of produce in respect of which it was committed. Procedure as to perishable property seized under section 57. [§ 19, 1 of 1892] [§ 19. 1 of 1892] CHAPTER VII. Penalties and Procedure. 57 When there is reason to believe that a forest offence has been committed in respect of any timber or forest produce, such timber or produce, together with all tools, boats, carts, and cattle used in committing any such offence, may be seized by any forest officer or police officer. Every officer seizing any property under this section shall place on such property or the receptacle (if any) in which it is contained a mark indicating that the same has been so seized, and shall, as soon as may be, make a report of the circumstances to the government agent or assistant government agent. Provided that when the timber or forest produce with respect to which such offence is believed to have been committed is the property of the Crown, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to the government agent or assistant government agent. 58 Upon the receipt of any such report the government agent or assistant government agent shall forthwith forward the same to the police magistrate having jurisdiction to try the offence, and such magistrate shall take such measures as may be necessary for the trial of the accused and the disposal of the property according to law. 59 When any person is convicted of a forest offence, all timber or forest produce in respect of which such offence has been committed, and all tools, boats, carts, and cattle used in committing such offence, shall be liable, by order of the convicting magistrate, to confiscation. Such confiscation may be in addition to any other punishment prescribed for such offence. 60 When the trial of any forest offence is concluded, any timber or forest produce in respect of which such offence has been committed shall, if it is the property of the Crown, or has been confiscated, be taken possession of by a forest officer empowered in this behalf; and in any other case may be disposed of in such manner as the court may order. 61 Repealed by No. 1 of 1892. 62 The government agent or assistant government agent may, notwithstanding anything herein before contained, direct the sale of any property seized under section 57 and subject to speedy and natural decay, and may deal with the proceeds as he might have dealt with such property if it had not been sold. Provided that if the claimant shall give security to the satisfaction of the government agent or assistant government agent equal to the value of such property, the government agent or assistant government agent shall forthwith release the seizure and allow such property to be removed by the claimant. Forests and Waste Lands. orders under sections 57, 59, and 60. 63 Any person claiming to be interested in property Appeal from seized under section 57 may, within thirty days from the date of any order passed under section 59, or section 60, present an appeal therefrom to the Supreme Court, and such court shall deal with the case in the same way as if it were an appeal from a police court in its ordinary jurisdiction. [§ 20, 1 of 1892] vested in the Crown. [§ 21. 1 of 1892] 64 When an order for the confiscation of any property Property when has been passed under section 59, and the period limited by section 63 for presenting an appeal from such order has elapsed, and no such appeal has been presented, or when, on such an appeal being presented, the appellate court confirms such order in respect of the whole or a portion of such property, such property or portion, as the case may be, shall vest in the Crown free from all incumbrances. 65 Nothing herein before contained shall be deemed to prevent any officer empowered in this behalf by the government agent from directing at any time the immediate release of any property seized under section 57 and the withdrawal of any charge made in respect of such property. 66 Any forest officer or police officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Ordinance shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred rupees, or with both. Any fine so imposed, or any portion thereof, shall, if the convicting magistrate so direct, be given as compensation to the person aggrieved by such seizure. 67 Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the Ceylon Penal Code (a) Knowingly counterfeits upon any timber or standing tree a mark used by forest officers to indicate that such timber or tree is the property of the Crown or of some person, or that it may lawfully be cut or removed by some person; or (b) Unlawfully affixes to any timber or standing tree a mark used by forest officers; or (c) Alters, defaces, or obliterates any such mark placed on any timber or standing tree by or under the authority of a forest officer; or (d) Alters, moves, destroys, or defaces any boundary-mark of any forest to which any provisions of this Ordinance apply; shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both. 68 Any forest officer or police officer may, without orders from a magistrate and without a warrant, arrest any person reasonably suspected of having been concerned in any forest offence punishable with imprisonment for one month or upwards, if such person refuses to give his name Saving of power to release property seized. Punishment for wrongful seizure. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks. Power to arrest without warrant Power to prevent commission of offence. Operation of other laws not barred. Power to compound offences. Presumption that timber or forest produce belongs to the Crown. Cattle trespass. [§ 22, 1 of 1892] Power to alter fines. Forests and Waste Lands. and residence, or gives a name or residence which there is reason to believe to be false, or if there is reason to believe that he will abscond. Every officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case, together with a statement showing the offence with which the accused is charged. 69 Every forest officer and police officer shall prevent, and may interfere for the purpose of preventing, the commission of any forest offence. 70 Nothing in this Ordinance shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes a forest offence, or from being liable under such other law to any higher punishment or penalty than that provided by this Ordinance or the regulations or rules made hereunder: Provided that no person shall be punished twice for the same offence. 71 Any forest officer empowered by the government agent in this behalf may accept from any person, reasonably suspected of having committed any forest offence other than an offence under section 66 or section 67, a sum of money by way of compensation for the offence which may have been committed; and where any property has been seized as liable to confiscation, may release the same on payment of the value thereof as estimated by such officer. On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the accused person, if in custody, shall be discharged, the property seized shall be released, and no further proceedings shall be taken against such person or property. 72 When in any proceedings taken under this Ordinance, or in consequence of anything done under this Ordinance, a question arises as to whether any timber or forest produce is the property of the Crown, such timber or produce shall be presumed to be the property of the Crown until the contrary is proved. CHAPTER VIII. Cattle Trespass. 73 Cattle trespassing on a forest plantation under the control and management of forest officers may be seized and impounded by any forest officer or police officer. 74 The Governor may, by notification in the Gazette, direct that there shall be levied for each head of cattle impounded under section 73 of this Ordinance such fines as he thinks fit, but not exceeding the following (that is to say): (a) For each elephant or buffalo (b) For each calf, ass, pig, sheep, lamb, goat, or kid... Rs. c. 10 0 2.50 0 Forests and Waste Lands. 75 If the amount of the fine be not paid within seven days from the time of impounding of any such head of cattle, together with the costs of its agistment, it shall be lawful for the forest officer to sell such head of cattle by public auction, and after deducting from the proceeds of such sale the amount of the fine, the costs of the agistment, and of such sale, such forest officer shall pay the surplus (if any) to the owner of the cattle. Procedure if fine not paid. CHAPTER IX. Of Forest Officers. 76 It shall be lawful for the Governor from time to time to appoint a Conservator of Forests, and such other officers as are required for the purposes of this Ordinance, and there shall be paid to such Conservator and officers such salaries as the Governor, with the advice and consent of the Legislative Council, may from time to time determine. Every government agent and assistant government agent and every conservator of forests and every forest officer authorized in writing under the hand of the Governor on that behalf shall possess, for the purposes of this Ordinance, the following powers (that is to say): (a) The powers of commissioners appointed under the provisions of Ordinance No. 9 of 1872, to compel the attendance of witnesses and the production of documents; provided that the requirements of the proviso to section 2 of such Ordinance shall not be necessary for the purposes of this Ordinance; (b) Power to issue search warrants under the Code of Criminal Procedure; (c) Power to hold inquiries into forest offences, and in (d) Power to notify seasons and manner in which fire may (f) Power to give public notice of timber collected under (g) Power to take possession of property under this Ordi nance; (h) Power to direct the release of property or withdrawal of charges; (1) Power to accept compensation for forest offences; and the Governor may withdraw any powers so conferred by him. Any evidence recorded under clause (c) of this section shall be admissible in any subsequent trial before a magistrate of the alleged offender: Provided that it has been taken in the presence of the accused person, and recorded in the manner provided by law. Appointment of [§ 23. 1 of 1892] Powers of government agent, &c. Forest officers deemed public servants. Indemnity for acts done in good faith. Forest officers not to trade. Forests and Waste Lands. 77 All forest officers shall be deemed to be public servants within the meaning of the Ceylon Penal Code. 78 No suit or criminal prosecution shall lie against any public servant for anything done in good faith or omitted by him in good faith under this Ordinance. 79 Except with the permission in writing of the Governor, no forest officer shall, as principal or agent, trade in timber or forest produce, or be or become interested in any lease or mortgage of any forest or in any contract for working any forest. Additional powers to make rules. Rules when to have force of law. Powers of Governor exercisable from time to time. Persons bound to assist forest officer and police officer. CHAPTER X. Miscellaneous. 80 The Governor may make regulations consistent with this Ordinance (a) To declare by what forest officer or class of forest officers the powers or duties conferred or imposed by or under this Ordinance, on a forest officer shall be exercised or performed; (b) To regulate the procedure of forest settlement officers; (c) To regulate the rewards to be paid to officers and informers from the proceeds of fines and confiscations under this Ordinance or from the public Treasury; and (d) Generally to carry out the provisions of this Ordinance. 81 All regulations or rules made or approved by the Governor, with the advice of the Executive Council, under this Ordinance shall be published in the Gazette, and shall thereupon have the force of law. All powers conferred by this Ordinance on the Governor may be exercised from time to time as occasion requires. 82 Every person who exercises any right in a reserved forest or a village forest, or who is permitted to take any forest produce from, or to cut and remove timber, or to pasture cattle, or to practise chena cultivation in, such forest, and Every person who is employed by any such person in such forest; and Every person in any village contiguous to such forest who is employed by the Crown, or who receives emoluments from the Crown for services to be performed to the community; shall be bound to furnish without unnecessary delay to the nearest forest officer or police officer any information he may possess respecting the occurrence of a fire in or near such |