Forests and Waste Lands. (2) For the definition of "forest plantation" in the same section the following shall be substituted, namely: "Forest plantation" means any plantation made in any forest. 2 To section 4 of the principal Ordinance the following words shall be added, namely: And in the event of judgment being entered in any suit or proceeding instituted against the Crown decreeing the title to any land reserved under section 19 to be vested in the person instituting such suit or proceeding, such land shall cease to be reserved from the date of such decree. 3 In section 6 of the principal Ordinance the word "such" shall be inserted in the first line after the word "any "and before the word "land." 4 For section 11 of the principal Ordinance the following section shall be substituted, namely: For the purposes of such inquiry the forest settlement officer may exercise the powers conferred on commissioners appointed under the provisions of Ordinance No. 9 of 1872 for compelling the attendance of witnesses and the production of documents, and for administering oaths to all persons who shall be examined before them, provided that the requirements of the proviso to section 2 of such Ordinance shall not be necessary for the purposes of this Ordinance. 5 To section 13 of the principal Ordinance the following words shall be added, namely: If in any inquiry by a forest settlement officer any question shall arise as to whether the land proposed to be constituted a reserved forest is land at the disposal of the Crown, the forest settlement officer shall have jurisdiction to try and determine any such question of title for the purposes of this Ordinance. 6 In sub-section (b) of section 19 of the principal Ordinance the words "the appellate officer or " shall be omitted. 7 For section 20 of the principal Ordinance the following section shall be substituted, namely: Rights in respect of which no claim has been preferred under section 7, and of the existence of which no knowledge has been acquired by inquiry under section 9, shall thereupon be extin guished, unless before the publication of such Proclamation the person claiming them has satisfied the forest settlement officer that he had sufficient cause for not preferring such claim within the period fixed under section 7. Provided, however, that the right of any person in respect of whom no such claim has been made, and of the existence of which such knowledge has not been acquired, may be inquired into at any time during three years succeeding the institution of such inquiry and if such person was absent from the island when the inquiry of the forest settlement officer was held, the rights of such person may be inquired into at any time during ten years succeeding the institu tion of such inquiry: Provided further that this reservation of the rights of claimants shall not in any way stay the publication of the Proclamation aforesaid. 8 In the fifth line of section 28 of the principal Ordinance the word "twelve" shall be substituted for "eleven." 9 For section 33 of the principal Ordinance the following section shall be substituted, namely: (a) Any party to the proceedings who is dissatisfied with the decision or order of a forest settlement officer in respect of any claim made under section 13 or section 14 may appeal to the Supreme Court against such order or decision, by lodging within three weeks Forests and Waste Lands. from the date of such order or decision being made, with the said forest settlement officer, a petition of appeal addressed to the Supreme Court, provided such party file with the said appeal an affidavit setting out the value of the right or of the land with regard to which the order or decision has been given against him. (b) The forest settlement officer on receiving such affidavit and appeal petition shall transmit the same, together with all proceedings taken by him, tỏ the Registrar of the Supreme Court, and the said court shall make such order as the justice of the case may require, and such order shall be duly carried into effect. (c) Stamp duty shall be charged upon every such petition of appeal and upon every such affidavit, at the rates specified in part II. of the schedule B to "The Stamp Ordinance, 1890," for similar instruments in the district courts, and upon subsequent proceedings at the rates specified in the said schedule for appeals from the district courts; and every such appeal shall be dealt with and disposed of in the same manner and subject to the same rules as appeals from district courts are dealt with and disposed of. 10 After chapter II. of the principal Ordinance the following chapter shall be inserted and numbered II. (a), namely: CHAPTER II. (a). Forests leased by the Government. It shall be lawful for the Governor, with the advice of the Executive Council, by Proclamation in the Government Gazette, at any time or from time to time, to declare any of the provisions of this Ordinance, and of any regulations or rules made thereunder, to be applicable to forests leased to the Crown, and to bring such forests within the operation of such provisions, regulations, or rules, and any such Proclamation, with like advice, to revoke, alter, or amend. 11 For section 40 of the principal Ordinance the following section shall be substituted, namely: No person shall, or shall cause any other person to, cut, mark, lop, girdle, tap, or injure, by fire or otherwise, any reserved tree in any forest, except as provided by rules made by the government agent on this behalf, or unless with the permission in writing of a forest officer empowered by the government agent to grant such permission. 12 After section 41 of the principal Ordinance the following section shall be added and numbered 41 A, namely: The government agent may add to, amend, or repeal any rules prescribed by him under section 41, or prescribe new rules in lieu thereof. Provided that any addition, amendment, or repeal, and all new rules prescribed by the government agent under the provisions of this section, shall be subject to the approval of the Governor, with the advice of the Executive Council, and shall, if approved, be published as in section 81 provided. 13 After section 43 of the principal Ordinance the following section shall be added and numbered 43 A, namely: Nothing in this chapter shall apply to reserved forests.. 14 (1) In section 44 of the principal Ordinance the terms "forest produce" and "timber" shall, unless the context otherwise requires, after the passing of this Ordinance, include timber cut in any land or property, whether the property of the Crown or any private individual. (2) In sub-section (d) the words "passes for forest produce and timber when cut on land the property of the Crown" shall be substituted for the words "such passes.' (3) In sub-sections (f) and (g) of the same section there shall be substituted for the word "timber," wherever the same may occur, the words "forest produce." Forests leased by the Government. Section 40, as to protection of reserved trees. Power to make new rules and repeal old rules. Nothing in chapter IV. to apply to reserved forests. Section 44, as to rules made to regulate transit of timber. Section 47, as to marking boundaries. Section 51, as to drift timber. Section 57, as to report to government agent. Section 58, as to the proceedings of the magistrate. Section 62, as to sale of perishable property seized. Section 63, as to appeals from orders under sections 57, 59, or 60. Section 64, as to property vested in Government. Section 73, as to cattle trespass. Section 76, as to Section 88, as to property of Crown debtors. Control of forests may be delegated to Conservator. Schedule B amended. Forests and Waste Lands. (4) To the same section the following shall be added, namely: 15 To section 47 of the principal Ordinance the following words shall be added, namely: unless the claimant shall give security to the satisfaction of the government agent equal to the value of such timber. 16 For the first paragraph of section 51 of the principal Ordinance the following paragraph shall be substituted, namely: All unclaimed timber found adrift, beached, stranded, or sunk. 17 For the second paragraph of section 57 of the principal Ordinance the following paragraph shall be substituted, namely: 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. 18 For section 58 of the principal Ordinance the following section shall be substituted, namely: 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. 19 In section 62 of the principal Ordinance the words "government agent or assistant government agent" shall be substituted for the word "magistrate," and the following proviso shall be added thereto, namely: 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. 20 In section 63 of the principal Ordinance the word "thirty' shall be substituted for the word "fifteen," and the words "or section 60" shall be substituted for the words "section 60 or section 61." 21 In section 64 of the principal Ordinance the word "fifty-nine" shall be substituted for the words "fifty-nine or sixty-one." 22 For section 73 of the principal Ordinance the following section shall be substituted, namely: 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. 23 Throughout section 76 of the principal Ordinance the words "Conservator of Forests" shall be substituted for "Chief Conservator of Forests." 24 In section 88 of the principal Ordinance the words "section 83" shall be substituted for the words "sections 83 and 86." 25 The Governor may by notification in the Government Gazette declare any reserved forest to be solely under the control of the Conservator of Forests, and may authorize such Conservator to exercise in respect of such reserved forest all or any of the powers and duties vested in and imposed on the government agent under this and the principal Ordinance, subject to such restrictions as the Governor in Executive Council may from time to time think fit to impose. 26 To the first column of schedule B of the principal Ordinance the following word shall be added: "Pehimbiya" and to the third Public Thoroughfares. Salaries of Public Officers. column of the same schedule the following words shall be added: "Filicium decipiens." 27 In the principal Ordinance the definition of "forest ranger" in section 3 and the words " forest ranger" in sections 50, 57, 66, 68, and 69, and the words " or forest ranger" in section 82, and the whole of sections 17, 18, 46, 58, 61, and 86 are hereby repealed. 28 This Ordinance may be cited as "The Forest Amendment Ordinance, 1892," and shall come into operation at such time as the Governor shall appoint by Proclamation to be published in the Government Gazette, and this Ordinance and the principal Ordinance may be read together as one Ordinance, and may be cited collectively as "The Forest Ordinances, 1885 and 1892." 13th April, 1892. No. 17 of 1885. An Ordinance to amend the Public Thoroughfares Ordinance, (See No. 10 of 1861, Volume I., page 369.) HEREAS it is expedient to amend the Ordinance date and amend the Laws relating to Public Thoroughfares in this Colony :" Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 From and after the passing of this Ordinance, section 9 of the Ordinance No. 10 of 1861 shall be read and construed as though the words "or canal" had been inserted in the said section before the words "stopped up, diverted, or turned," and also before the words "as diverted or turned." 2 This Ordinance shall be read as one with Ordinance No. 10 of 1861, and may be cited as The Public Thoroughfares Amendment Ordinance, 1885." 9th December, 1885. No. 18 of 1885. An Ordinance to amend the Ordinance No. 31 of 1884. (See under No. 10 of 1861, Volume I., page 399, and see No. 31 of 1884 Volume I., page 394.) No. 19 of 1885. An Ordinance exempting from attachment, sequestration, or seizure in execution the Salaries of Public Officers. W (See Repealing Schedule to No. 2 of 1889.†) HEREAS it is expedient to exempt from attachment, sequestration, or seizure in execution the salaries of public officers, and for this purpose it is necessary to amend * Proclaimed as coming into operation from and after August 1, 1892. + It seems doubtful whether the whole or any part of this Ordinance is conserved. Repealing clause. Short title and commencement. Preamble. Section 9 of of 1861 to be read To be read with Ordinance No. 10 of 1861. Preamble. Partial repeal of section 34 of Ordinance No. 4 of 1867. Salaries of public officers shall not be attached, sequestered, or seized in execution. Public officer defined. Preamble. Authority to borrow three hundred Irrigation Loan. the Ordinance No. 4 of 1867, intituled "An Ordinance to amend and consolidate the Law relating to Fiscals and their Officers:" Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 The provisions of section 34 of the said Ordinance, in so far as they relate to the salaries only and not to the pensions of public officers, are hereby repealed: Provided that such repeal shall not affect― (a) The past operation of the said provisions of such section, nor anything done or suffered under them; nor (b) Any right, privilege, obligation, or liability acquired, accrued, or incurred under the said provisions; nor (c) Any penalty, forfeiture, or punishment incurred in respect of any offence committed against the said provisions; nor (d) Any legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid. 2 From and after the passing of this Ordinance it shall not be lawful for any creditor to attach, sequester, or seize in execution the salary of any public officer in the service of the Ceylon Government, whether such officer shall be present in or absent from the colony. 3 The term "public officer," as used in this Ordinance, shall mean and apply to every officer who is in the receipt of a salary from the Colonial Treasury. 9th December, 1885. No. 24 of 1885. An Ordinance to empower the Ceylon Government to borrow a sum of Three Hundred Thousand Rupees from the Ceylon Savings Bank for the construction, repair, and improvement of Irrigation Works in this Island. (See No. 1 of 1887.) HEREAS by section 23 of "The Ceylon Savings Bank which shall from time to time be deposited in the Ceylon Savings Bank may be laid out at interest by the trustees thereof in securities of the Government of this island: And whereas it is expedient for the Ceylon Government to borrow from the said trustees of the said bank, upon the security of the general revenue of this colony, a sum not exceeding three hundred thousand rupees, for the construction, repair, and improvement of certain irrigation works known as Kalawewa and Yodi-ela: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 It shall be lawful to the Governor in Executive Council, anything in the Ordinance No. 19 of 1884 to the contrary notwithstanding, to borrow from the trustees of the Ceylon |