Jan.  1,  1897.] 
Supplement  to  the  “ Tropical  AgriculturisV' 
499 
It  is  not  necessary  (l)ut  it  is  of  course  allowable) 
to  have  recourse  to  artilicial  marks,  posts  or  pil- 
lars, to  indicate,  in  the  lirst  instance,  the  ])i'o- 
posed  limits  of  the  forest  generally  ; it  is  enough 
to  specify  the  limits  by  such  general  indications 
as  practically  meet  the  object  in  view.  It  is  not 
wise  to  go  to  any  expense  in  putting  up  marks  at 
this  stage ; because  it  is  obvious  that  they  may 
be  more  or  less  altered  during  the  process  of 
settlement.  The  permanent  demarcation,  which 
is  so  necessary  a part  of  the  work  of  establish- 
ing forest  estates,  is  the  last  stage  of  all,  when 
everything  is  settled.  The  notilication  also  takes 
the  opportunity  of  appointing  an  otticer,  called 
the  “ Forest  Settlement  Officer,”  who  will  be  the 
proper  authority  to  whom  claims  find  objections 
have  to  V)e  adtlressed.  Such  an  officer  is  not  a 
forest  officer,  so  that  fie  may  be  perfectfy  unbias- 
sed by  any  professional  interests. 
Ad  interim  prohibition  to  fresh  clearances. 
When  once  this  notification  of  proposals  is  out, 
it  is  obviously  desirable  to  prevent  fresh 
complications  arising  in  the  area  by  jreople  continu- 
ing to  occupy  new  land  or  to  acfpiire  rights. 
Section  8 therefore,  prescribes  that  no  one  shall 
make  fresh  clearances  for  cultivation,  or  other- 
wise appropriate  or  occupy  land,  nor  can  any 
process  of  prescription  for  acquirements  of  rights 
go  on.  A person  may  be  within  a j^ear  or  two 
of  completing  his  thirty  years’  exercise  of  some 
practice  which  would  then  become  a right ; but 
the  issue  of  the  notification  would  be  a bar  to  his 
completing  the  acquisition.  Only  such  rights 
as  exist  are  saved,  and  such  as  government 
expressly  desire  to  grant. 
A person,  u lio  lias  a right  already,  may,  of 
course,  transfer  it  to  another  person,  supposing  it 
is  the  nature  of  the  right  to  be  transferable. 
This  provision  is  very  necessary,  since,  if 
people  were  to  go  on  developing  new  rights,  and 
appropriating  new  clearings,  the  settlement  would 
never  come  to  an  end.  As  fast  as  the  first  set 
of  claims  had  been  dealt  with  another  would 
appear. 
It  is  also  absolutely  necessary  to  draw'  the  line 
and  fix  a date  at  which  it  may  be  ascertained 
that  the  existing  conditions  of  rights  w'ere  such 
and  such  ; then  it  is  easy  to  protect  the  estate  in 
future  from  being  burdened  afresh  with  rights. 
The  Pwclamation. 
The  next  step  is  to  exjilain  to  the  neigh- 
bours wdiat  will  be  the  consequence  of  making 
the  land  into  a forest  estate,  and  invite  tl.em  to 
put  forward  all  claims  and  objections  w'ithin  a 
certain  reasonalde  fixed  time. 
The  preliiuiiiary  iiniilicu.tion  having  lieeu  issued 
and  the  Forest  Sctrlemeut  Utlicer  being  in  readi- 
ness, the  ‘ Settlement  </l  rights  ” is  the  next 
imporiant  stage.  All  who  desire  to  claim  any 
plot  of  laud  as  their  own  inside  the  proposed 
forest  or  to  make  knowm  any  l ight  or  user  or  other 
interest  w'hich  may  be  adverse  to  the  Govern- 
ment title  have  now  the  opportunity  of  getting 
their  rights  fully  established. 
The  settlement,  in  fact,  is  a simple  and  speedy 
procedure  w'liereby  the  rights  of  the  state  may 
be  separated  from  those  of  individuals,  and  thus 
disputes  may  be  set  at  rest,  and  injustice  and 
hardship  resulting  from  the  assertion  of  the  state 
rights  in  the  forest  be  prevented  and  redressed. 
Claims  may  be  presented  verbally  and  they  are 
taken  dow'n  by  the  Forest  Settlement  O'flicer 
in  writing. 
The  claims  made  will  be  found  to  come  under 
one  or  other  of  three  distinct  heads  and  a 
moment's,  consideration  will  enable  any  one  to 
uuderstaud  that  they  cannot  all  be  dealt  with  in 
the  same  w'ay  : — 
{a)  Claims  to  land  (interest  in  or  over  land) 
in  the  area  [uoiiosed  to  be  constituted 
a reserved  forest. 
(/;)  Claims  to  a right  of  w'ay,  to  water-course. 
(c)  Claims  to  rights  of  pasture  or  forest" 
prod  uce. 
When  the  Forest  Settlement  Officer  has  ad- 
mitted any  claim  under  {a)  he  may  (section  13.) 
(1.)  Come  to  an  agreement  with  the  claimant 
for  the  surrender  of  the  right  Under  this  head 
an  exchange  is  often  possilile.  The  owner  may 
agree  to  give  up  the  plot  in  exchange  for 
another  piece  in  another  place.  A suitable 
corner  of  the  forest  may  in  this  W’ay  be  cut 
off  as  <a  block  of  available  land  in  w'hich  a 
number  of  little  patches  inside  the  proposed 
forest  may  be  provided  for  : or 
(2.)  Exclude  the  land  from  the  limits  of  the 
proposed  forest,  i.  e , the  Forest  Settlement 
Officer  may  either  alter  the  jiroposed  boundary 
so  as  to  let  it  remain  outside  the  forest  or 
leave  the  land  inside  the  forest  as  a privately 
owned  [ilot  not  subject  to  the  forest  regulations. 
Care  must  however  be  taken  that  the  limits  of 
the  land  a>e  iierinanently  demarcated  so  as  to 
prevent  future  eucroachment,  and  that  a right 
of  way  through  the  forest  to  the  land  for  the" 
cultivator  and  his  cattle  is  provided  for  and' 
that  regulations  are  made  for  the  lighting  of 
fires  on  the  land  which  may  spread  to  the  forest 
&c. ; or 
(.'i. ) Acquire  such  land  in  the  maymer  provided 
by  “ TIlc  La)id  Acquisition  Ordinance,  1876,’’  and 
Ordinance  6 of  1877.  In  this  case  the  Forest 
Settlement  Officer  is  vested  with  the  necessary 
powers  under  that  Ordinance,  and  the  process  is 
compulsory.  It  would  be  followed  on  failure 
to  come  to  terms  under  No.  1.  It  is  always 
better  to  proceed  under  the  Land  Acquisition 
Ordinance  where  there  is  any  doubt  about  the 
title  to  the  land,  for  in  that  case  Government 
gets  the  land  with  a clear  title.  If  land  is 
taken  by  agreement  it  is  taken  only  with  such  a 
title  as  the  owner  really  has.  Where  there 
is  no  doubt  about  the  title,  then  agreement 
is  a safe  .and  much  more  economical  and  ex- 
peilitious  method  ; otherwise  proceed  under  the 
Land  Acquisition  Ordinance  because  then  the 
title  .acquired  by  Government  cannot  under 
express  provision  of  the  law',  be  questioned, 
Claims  to  liight  of  Way  and  Water  Pasture  and 
Forest  Produce. 
fn  the  case  oi'  claiiU'  to  such  rights  the  Forest 
SeUlcmcir  Olficer  p.a.sc^  an  order  admitting' 
or  rejecting  the  -^ame  wholly  or  in  part.  When  the 
right  is  a.ii. lilted  ari-i  if  it  U fur  the  beneficial 
enjoyment  of  any  land  or  luiildings,  the  Forest 
Settlement  Officer  is  bcund  to  record  the  desig- 
nation,  position  and  area  of  such  land  and  the 
designation  and  position  of  such  buildings.  When 
the  right  is  a right  to  forest  produce  the  Forest 
Settlement  Olficer  is  bound  to  record  whether  the 
forest  jiroduce  obt.aiued  by  the  exercise  of  such 
right  may  be  sold  or  bartered  and  such  other 
]iarticulars  as  may  be  necessary  in  order  to  define 
the  nature  incidents  and  extent  of  the  right. 
When  the  Forest  Settlement  Officer  has  admitted 
a claim  to  a right  of  pastuieor  to  forest  produce,’ 
he  is  bound  (Section  15)  to  provide  for  the  exercise 
of  such  right : — 
