7
A.—2a,
the Crown for any purpose whatsoever at any place other than that specified in his license, or any other description or larger number of trees than such as shall be therein specified; or shall fell or remove for any purpose whatsoever the trees or timber mentioned in such license after the time specified therein or extended as aforesaid shall have expired or before it shall have commenced ; or shall remove any such timber without giving to the said headman, or other person appointed in that behalf by the Government Agent, the notice of his intention to remove the same hereinbefore required to be given, or without having obtained a permit for its removal from the said headman or other person so appointed, except when such notice or permit is dispensed with under section seven ; or shall, when engaged in the removal of any such trees or timber, refuse or neglect to produce such permit when thereunto required by any Justice of the Peace, headman, or police officer of the district or place where such removal is being effected, or by any person appointed by the Governor to be a forester or deputy forester; or shall remove any timber felled on Crown land without the same having been stamped or marked as required by section seven ; or if any person shall have in his possession any trees or timber felled on or removed from any Crown land knowing that the same have or has been felled or removed contrary to the provisions of this Ordinance, every such person shall, in any of such cases, be guilty of an offence, and such offence shall be punishable by such fine or imprisonment, with or without hard labour, as the Court before which the conviction shall be obtained shall award. And the Court before which such offence is tried shall, if the trees or timber have been seized, and it is found by the Court that the same have or has been unlawfully felled or removed, confiscate the same : Provided that no person shall, for any offence under this section, be sentenced to a higher fine than five hundred rupees or to imprisonment for a longer term than six calendar months. 9. It shall not be lawful for any person to remove from his own land or from the land of any other private person any timber that may have been felled thereon without having obtained a permit authorizing such removal; such permit shall accompany the timber so removed, and shall be as near as is material in the form in the Schedule hereunto annexed marked D. Such permit shall be granted by the Government Agent or by some person appointed by the Government Agent in that behalf, or by some headman of the district or place where such land is situated, on the joint application of the owner of the timber and the owner or occupier of the land from which the same is to be removed or his duly authorized agent, or in case such timber belongs to the owner or occupier of such land, then on the application of such owner or occupier. And if any person shall, contrary to the provisions of this section, remove from his own land or from the land of any other private person any timber felled thereon without having obtained a permit for such removal, or after the time therein specified shall have expired, or shall, when engaged in the removal of any such timber, refuse or neglect to produce such permit when thereunto required by any Justice of the Peace, headman, or police officer of the district or place where such removal is being effected, or by any person appointed by the Governor to be a forester or deputy forester, he shall be guilty of an offence, and such offence shall be punishable by such fine or imprisonment, with or without hard labour, as the Court before which the conviction shall be obtained shall award, and the Court before which such offence is tried shall, if the timber has been seized as hereinafter provided, and it is found that the same has been unlawfully removed, confiscate the same: Provided that no person shall, for any offence under this section, be sentenced to a higher fine than five hundred rupees, or to imprisonment for a longer term than six calendar months: Provided also that it shall be lawful for the Governor, with the advice of the Executive Council, by Proclamation to be by him from time to time for that purpose issued and published in the Government Gazette, to exempt any particular district to be mentioned in such Proclamation from the operation of this section, and any such Proclamation with the like advice to revoke, alter, or amend. • 17. Nothing in this Ordinance contained shall extend or apply, or be deemed or taken to extend or apply, to any trees or timber bona fide cut for the purpose of making ploughs or other agricultural implements in common use in this island : Provided, however, that it shall be lawful for the Governor, with the advice of the Executive Council, by any Proclamation to be by him from time to time issued and published in the Government Gazette, to set apart and define any tract or tracts of Crown land, as reserved forest land, within the limits of which no wood of any description whatever shall be cut or removed for any purpose whatsoever ; and also in like manner to set apart and define any tract or tracts of Crown land within the limits of which no wood mentioned in such Proclamation shall be cut or removed for the purpose of making ploughs or other agricultural instruments aforesaid, and any such Proclamation to revoke, alter, or amend. Schedule C —Permit to remove Timber grown on Crown Land. No. of License: CD., of , in the District of , has permission to remove from the Crown forest land at , in the District of , the following timber felled by him under the above license : — [Here insert a description of the timber proposed to be removed] to , in the District of Dated at , this day of , 18 (Signed) A.B. Schedule D.—Permit to remove Timber from Private Land. E.F., of , in the District of , has permission to remove from the garden called [or, as the case may be], the following timber:— [Here insert the number and description of trees in words at length] to , in the District of , within days from the date hereof. Dated at , this day of , 18 . (Signed) A.B. Extracts of Mauritius Ordinance, No. 12 of 1872. 27. Any person felling, cutting, or destroying or mutilating any tree upon or taking away any tree from any Crown land, without a written permission from the Surveyor-General or issued under his authority, shall incur a fine not exceeding £10, and in case of any second or subsequent offence a fin©
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