500 
Supplement  to  the  “ Tropical  Agriculturist.” 
[Jan.  1,  1807. 
{a.)  By  alteiiug  the  limits  of  the  proposeil 
reserved  forest  so  as  to  exclude  laud  of 
sutticient  extent,  of  a suital)le  kind,  and 
in  a locality  reasonably  convenient  foi'  the 
pnrpose.s  of  the  claimant ; 
(6.)  By  recording  an  order  continuing  to  the 
claimant  a right  of  pasture  or  to  forest 
produce  (as  the  case  may  be)  subject  to 
such  rules  as  may  from  time  to  lime  be 
. prescribed  on  that  behalf  by  the  Government 
Agent,  The  order  passed  under  this  head 
shall  record  as  far  as  practicable,  the 
number  and  description  of  the  cattle  which 
the  claimant  is  from  time  to  time  entitled 
to  graze,  the  local  limits  within  which  and 
the  seasons  during  which  such  pascure  is 
permitted  ; or  the  quantity  of  timber  or 
other  forest  produce  which  the  claimant  is 
authorized  to  take  or  receive,  the  local 
limits  within  which,  the  season  during 
which,  and  the  mode  in  which,  the  taking 
of  such  produce  is  permitted  and  sucli 
othor  particulars  as  may  be  required  in 
order  to  deliue  the  extent  of  the  right  which 
is  continued,  and  the  mode  in  which  it  may 
be  exercised. 
The  Forest  Settlement  officer  has  ]»ower,  subject 
to  such  regulations  as  tlic  Governor  may  from 
tune  to  time  prescribe,  to  commute  sucli  right, 
where  such  right  has  been  admitted  by  paying  a 
sum  of  money  in  lieu  thereof,  or  with  the  con- 
sent of  the  claimant  by  the  grant  of  land  or  in 
any  other  manner  as  the  officer  may  think  fit. 
tc  will  be  observed  that  nothing  is  said  of  how 
the  riglits  are  to  be  valued,  or  on  what  principle 
either  the  grant  of  land  is  to  be  made  or  tlie 
grant  of  money  awarded.  All  that  is  said  is  that 
the  Forest  Settlement  Officer  shall  “ commute” 
the  rights. 
Unaer  this  section  it  will  be  observed  that  it  is 
the  Forest  Settlement  Officer  who  determines,  not 
the  parties,  whether  it  is  a case  for  commutation. 
The  Governor  may  make  rules  for  the  Forest 
Settlement  Officer’s  guidance  in  such  matters. 
Still  the  ultimate  decision  rests  with  the  Forest 
Settlement  Officer. 
Extinction  of  unclaimed  rights. 
Having  now  dealt  with  admitted  rights  and 
either : — 
(a)  provided  for  them  outside  the  forest,  or. 
(b)  left  them  properly  regulated  inside  the 
forest  or 
(c)  having  bought  them  out  altogether, 
no  other  rights  can  by  any  possibility  remain  in 
existence  so  as  to  give  rise  to  future  question, 
Tire  law  gives  the  amplest  opportunity  to  people 
to  claim  their  rights  without  any  formality  or 
bar  in  the  first  instance.  They  may  come  and 
make  any  verbal  representaion  they  please.  Tlic 
F.  S.  O.,  himself  will  endeavour  to  find  out  if 
any  rights  not  claimed,  exists  (section  9.);  he 
will  act  as  the  next  friend  of  ignorant  or  timid 
people  and  find  out  their  rights  for  them.  It  is 
of  course  impossible  that  the  wants  of  peojile  and 
such  claims  as  amount  to  lights  and  would  be 
equitably  recognized  as  such,  should  remain 
unknown.  If  they  should,  then  such  rights  are 
declared  to  be  extinguished.  This  is  absolutely 
necessary ; for  no  forest  would  be  safe,  and 
no  repression  of  trespass  or  other  oflcnccs  in 
future  would  be  possible,  if  unsettled  rights 
remained  for  ever  in  the  background.  The  only 
possible  plan  is  to  take  every  pcrcaution  that 
all  rights  are  ascertained,  and  having  done  every 
thing  that  is  po.ssible  in  this  respect  to  declare 
that  no  riglits  not  brought  to  liglit  can  be  held 
to  have  any  legal  existence. 
The  lau'  m.ike.s  due  provision  for  any  accident- 
tal  delay  in  presenting  claims  ; as  long  as  the 
final  proclamation  (.Section  19)  lias  not  been 
actually  issueil,  any  delay,  reasonably  accounted 
for,  is  overlooked  and  the  claim  entertaineif  and 
disposed  of.  Ami  further,  the  power  is  given  to 
the  Government  to  enquire  into  any  claim  during 
three  years  succeeding  the  imstitution  of  the 
enquiry  and  if  a person  oe  absent  from  the  Island 
when  the  im|uiry  of  the  K.S.O.  was  hehi  the 
rigiits  of  such  person  may  be  inquired  into  dur- 
ing 10  years  succeeding  the  institution  of  such 
enquiry.  (Section  20.  10  tS.5.  as  ameiuled  by 
Section  7 of  1 of  1892).  With  these  ample  pro- 
visions it  will  be  observed  that  there  ctn  be  no 
hardshi)). 
Appeals  from  Settlement  Orders. 
It  will  be  observed  that  the  decision  or  order 
of  the  F.  S.  O.,  in  respect  of  claims  to  a right 
in  or  over  any  land  (Seel ion  13)  of  and  in  respect  of 
claims  to  rights  of  way,  water  course,  pasture 
and  to  forest  produce  (Section  11)  only  are  open 
to  appeal. 
Tne  appeal  may  be  by  any  party — either  the 
right-holder  or  claimant  or  the  Government — 
the  forest  owner.  Throe  weeks  is  the  limit  for 
appealing.  The  appeal  must  be  in  writing  and 
must  be  lodged  with  the  F.  S.  O.,  who  must 
transmit  the  same  together  with  the  proceedings 
taken  Viy  him  to  the  Supreme  Court. 
Besides  the  power  of  aiqieal.  Government  may 
within  o years  from  the  imblication  of  the  final 
in'oclaniatiou  constituting  the  Forest  a lleserved 
Forest  (Section  19.),  revise  any  arrangement 
made  by  theF.  S.  O.,  under  Section  12  as  to  the 
practice  of  chena  cultivation,  or  under  Section  14 
as  to  claims  to  rights  of  way,  watercour.se  pas- 
ture and  forest-produce,  or  under  Section  15 
as  to  the  exercise  of  rights  of  pasture  or  fore-st- 
produce,  and  may  rescind  or  motlify  any  order 
made  therein  and  may  direct  that  any  one  of  the 
proceedings  in  Section  15  be  taken  in  lieu  of  any 
other  of  such  proceedings,  or  that  permission 
under  Section  12  or  rights  under  Section  14  be 
commuted  under  Section  10.  (Section  22.) 
New  nights  cannot  grow  up  in  a Reserved 
Forest. 
Under  Section  23  no  rigiit  of  .any  description 
shall  lie  acquired  in  or  over  a reserved  forest, 
except  by  inheritance  or  succession  or  under 
a grant  or  contract  in  writing  made  by  or 
on  behalf  of  the  Crown  or  some  person  in  whom 
such  right  or  the  power  to  create  sucli  right 
existe.l  wlien  the  final  iu’oclani.ition  tiiuler  Sec- 
tion 19  was  published. 
This  provi-^ion  cannot  take  efiect  until  it  is 
definitely  know  by  the  ojierations  of  Settlements 
w'hat  arc  the  respective  rights  of  liie  state  and 
of  jirivate  persons  iirnl  liosv  tliey  have  been  ;id- 
justed  from  a given  date.  Ibiat  being  ascer- 
tained the  forest  is  declared  “ reseio-ed  ’ from 
the  fixed  date  and  no  right  which  on  that  date 
has  not  been  admitteil  and  rcc.nded  is  iio.hl  to 
have  ;uiy  existence.  Hence  tins  .Saai.ni  only 
aiiplies  to  eases  w here  the  final  p.  oeimi  itmn 
under  Section  19  has  been  pnbiisin;  I.  and  no 
new'  right  can  grow'  up  nor  tiny  proce.^.s  ol  pres- 
criptive growth  go  on. 
lliis  provision  ajiiilies  otily  to  the  definite 
area  indicated  by  demarcation  tis  the  reserved 
estate. 
