Feb.  1,  1897.] 
Supplement  to  the  “ Tropical  Agriculturists 
579 
tain  rights  of  individual  villagers  whioli  are 
adverse  to  the  interest  of  a body  as  a whole  as 
may  be  necessary. 
The  Governnie'pt  have  published  certain  Regu- 
lations under  section  36  of  tlie  Ordinance  re- 
garding Village  forests.  (Notif.  24,  Aj).  Gazette, 
May  1,  1896.) 
OF  THE  PROTECTION  OF  FOP.E.STS  AND 
FOREST-PRODUCE. 
Chapter  IV.  of  the  Ordinance  deals  with  the 
Government  control  over  forests  in  certain  cases. 
Unless  it  is  essentially  necessary  that  it  should 
be  so,  as  in  the  case  of  constituting  Reserved 
forests,  Government  are  content  to  keep  the 
forests  in  their  present  state,  and  it  is  often 
found  sufiicient  to  prevent  their  being  totally 
cleared  olY  and  cut  down,  witiiout  expropriating 
the  whole  estate. 
As  you  are  aware  it  is  essential  to  preserve 
forests  in  order  to  increase  the  rainfall,  and  in 
addition  to  this  there  are  other  reasons  which 
make  the  interference  of  the  Crown  <a  valid  ground 
in  lasv.  The  Governor  is  therefore  empowered 
by  Notification  in  the  Government  Gazette  to 
declare  that  any  tree  in  any  forest  is  a reserved 
tree.  The  Ordinance  itself  (Schedule  R. ) enu- 
merates certain  trees  which  shall  be  deemed  to 
be  reserved  trees.  And  power  is  given  to  the 
Government  Agent  to  make  rules  in  certain  ca.ses 
whereby  persons  are  authorised  to  deal  wdth  the 
reserved  trees,  and  authority  is  also  given  to  a 
forest  Officer  under  the  authority  of  the  G.  A. 
to  grant  (lermission  to  deal  with  the  i-eserved  trees. 
Under  section  41  of  the  Ordin.ance  no  person 
shall  clear,  set  tire  to  or  break  up  the  soil  of 
or  make  use  of  the  pasturage  or  of  the  forest 
produce  of  any  forest  and  not  included  in  a 
reserved  or  village  forest  except  in  accordance 
with  rules  which  the  G.A.  may  make,  subject 
to  the  approval  of  the  Governor  w-ith  the  advice 
of  the  Executive  Council.  Such  rules  may  : 
(a)  Regulate  or  prohibit  the  cutting  of  or  set- 
ting fire  to  chenas  or  the  issue  of  grants 
or  leases  by  Government  with  resi)ect  to 
land  on  which  trees  enumerated  in 
-schedule  R.  of  the  Ordinance  are  growing  ; 
(b)  Regulate  or  prohibit  the  kindling  of  fires 
and  pre.scribe  the  precautions  to  he  taken 
to  prevent  the  spreading  of  fires  ; 
(c)  Regulate  or  prohibit  the  cutting,  sawing, 
conversion  and  removal  of  trees  and  tim- 
ber and  the  collection  and  removal  of 
forest-produce ; 
(fO  Regulate  or  prohibit  the  building  of  houses 
or  huts,  the  quarrying  of  stone  or  coral, 
or  the  digging  for  j)lum  mgo  or  gems,  or 
the  burning  of  lime  or  ciiavcoal  ; 
(c)  Regulate  or  prohibit  the  cutting  of  grass 
and  the  pasturing  of  cattle,  and  regulate 
the  payments  (if  any)  to  be  made  for 
such  cutting  or  pasturing  ; 
(/)  Regulate  or  prohibit  hunting,  shooting, 
fishing,  poisoning  water,  and  setting 
traps'  or  snares  or  guns  ; or  the  use  of 
explosives  ; 
{g)  Regulate  the  sale  or  free  grant  of  timber 
or  other  forest  produce  •;  and 
(h)  Pre.scribe,  or  authorize  any  forest  officer 
to  prescribe,  subject  to  the  sanction  of 
the  Governor,  the  fees,  royalties,  or 
other  jiayments  of  such  timber  or  other 
forest-produce,  and  the  manner  in  which 
such  fees,  royalties  or  other  payments 
sliall  be  levied,  whether  in  transit,  or 
partly  in  traasit  or  otherwise. 
The  Ordinance  enacts  that  nothing  in  thi.s 
.section  should  affect  any  existing  rights  of  any 
lierson  in  or  over  pasturage.  A breach  of  any  of 
the  provisions  of  or  regulations  oi  rules  made  under 
this  Chapter  is  punish.'’ble  with  a fine  of  RlOO 
or  6 months’  imprisonment.  Rut  nothing  is  an 
infringement  of  any  rule  if  done  wdth  the  permis- 
sion in  writing  of  G.A.  or  A. G.A. 
It  has  been  held  tliat  rules  made  under  section 
40  of  the  Ordinance  by  the  G.A.  should  be 
proved  iu  a prosecution  for  a breach  of  rules 
(P.C. , Aw'isawella,  7580,  9 S.  ('.C.-60. ) Per 
Rurnside  C.J.  : — “ The  rules  which  the  G.A. 
“ may  make  under  section  40  of  Chapter  IV. 
“ in  (piestion  do  not  require  the  approval  of 
“ the  Governor  with  the  advice  of  the  Executive 
“ Council  in  the  same  way  as  rules  made  under 
“ section  41  do,  and  not  being  made  or  approved 
'■  by  the  Governor  wdth  the  advice  of  the 
Executive  Council,  they  do  not  have  the  force 
“ of  law  by  being  published  in  the  Govermneut 
“ Gazette  as  mentioned  in  Sec.  81.” 
'J'herefore,  followdng  the  above  decision,  in  a 
prosecution  for  breacii  of  any  of  tlie  rules  made 
under  section  41,  the  rules  themselves  need  not  be 
proved,  inasmuch  ,as  such  rules  require  the 
apiu'oval  of  the  Governor  in  Executive  Council, 
and  after  publication  in  the  Government  Gazette 
have  the  force  of  law. 
COLLECTION  OF  DRIFT,  .STRANDED  AND 
OTHER  TIMRER. 
Chapter  VI.  of  the  Ordinance  No.  10  of  188.5  as 
amended  by  16  of  1892  deals  wdth  the  above  kinds 
of  timber,  and  declares  that  all  unclaimed  timber 
found  adrift,  beached,  stranded  or  sunk  ; all  timber 
bearing  ma'  k.s  wdiicli  have  not  been  registered 
irndcr  regulations  made  under  section  44 ; all 
timber  winch  has  been  supermarked,  or  on  which 
the  marks  have  been  obliterated,  altered  or  defaced 
by  fire  or  otherwdse,  and  in  such  areas  as  the 
Governor  directs,  all  unmarked  or  unstamped  tim- 
bei'  shall  be  deemed  to  be  the  property  of  the  Ci  own, 
unless  and  until  any  person  establishes  his  right 
thereto. 
Public  notice  of  the  collection  of  timber  mu.st 
bo  given  by  a forest  officer,  and  such  notice 
mu.st  contain  a description  of  the  timber,  and 
any  person  claiming  the  same,  must  within  one 
month  from  the  date  of  the  notice  present  to  the 
forest  officer  .a  written  statement  of  such  claim. 
The  forest  officer  is  empow-ered,  after  making 
such  inquiry  as  he  thinks  fit,  either  to  reject  the 
claim  or  deliver  the  timber  to  the  claimant.  If 
there  be  more  claimants  than  one,  the  forest  offi- 
cer either  delivers  the  timber  to  the  person  whom 
he  deems  entitled  thereto,  or  may  refer  the  claim- 
ants to  ,a  Civil  Court  and  retain  the  timber 
l)ending  ihe  receipt  of  an  order  from  such  court 
for  its  disposal.  Any  person  whose  claim  has 
been  rejected  niay  wdthin  one  month  from  the 
date  of  such  rejection  institute  a suit  to  recover 
])0.s.so.ssioii  of  the  timber  claimed  by  him.  Com- 
l)eusation  against  the  Crown  or  the  Forest  Offi- 
cer on  account  of  any  rejection  or  detention  or 
removal  of  any  timber,  or  delivery  thereof  to  any 
person,  cannot  be  claimed.  If  no  statement  is 
presented  as  above  set  forth,  or  if  the  statement 
lias  been  jiresented  and  the  claim  has  been 
rejected  and  the  claimant  omits  to  bring  an 
action  within  one  mouth  to  recover  possession  of 
such  timber,  the  owmership  of  such  timber  vests 
iu  the  Crown  free  from  all  incumbrances ; or, 
wdien  such  timber  has  been  delivered  to  another 
l>ersou,  iu  such  other  person  free  from  all  incum- 
brances not  created  by  him. 
