A.—2a.

12

49. Any person dissatisfied with the Surveyor-General's determination shall have power to appeal within ten days, by way of petition to the Supreme Court; such petition shall contain the reasons of appeal, aod no reasons shall be entertained but those set forth in the petition. 50. Whenever any interested party shall decline or neglect, upon notice, to produce his title deeds, or to give just and precise information as to the place or office where the same may be inspected, the Surveyor-General shall, after fifteen days' notice of the day of survey, proceed ex parte, and his memorandum of survey shall have the same force and effect as provided for by article 48. 51. If any unauthorized person, although not actually found cutting wood or mutilating or lopping trees on the mountain reserves, be found on such reserves with any faggot of wood, or branches of trees, or with any axe, hatchet, or any other instrument or implement with which trees can be cut, such person shall be deemed guilty of au offence, and incur a penalty not exceeding £10 for every such offence. 52. If before the passing of this Ordinance any person shall have planted canes upon the mountain reserves belonging to the Crown, such person shall be allowed to make one crop of the said canes, and shall then surrender to the Crown the laud so occupied, without prejudice to contracts lawfully entered with the Crown, and without prejudice to the right of the Crown to bring any suit or action, or institute any prosecution for trespass, illegal entry, or any other cause, if the nature of the case require it. 53. The mountain tops and slopes within the municipal boundaries are hereby withdrawn from the possession and control of the Municipal Corporation, and placed under the control of the SurveyorGeneral. Chapter V. —River Reserves. 54. The banks of rivers and rivulets shall be deemed to be river reserves, subject to the provisions and restrictions hereinafter enacted. 55. No stream or watercourse shall be held to be a river or rivulet within the moaning of this Ordinance, except such as are enumerated in Schedule B* of this Ordinance and the feeders thereof as described in clause 4of article 105 of this Ordinance: Provided that it shall be lawful for the Governor in Council from time to time to proclaim other streams or watercourses to be rivers or rivulets within the meaning of this Ordinance, and such streams and watercourses thus proclaimed shall be dealt with to all intents and purposes as if they had now been included in Schedule B. 56. River reserves shall include, with respect to rivers and rivulets, all the escarpments of such rivers and rivulets, whatever may be the height or area of such escarpments : Provided that when a river or rivulet has no escarpments, or no escarpments wider than 50 feet or 25 feet respective!}-, the reserves shall include such additional laud as will make, with the escarpment, a space of 50 feet on each side of the bank of such river, or 25 feet on each bank of such rivulet, the measurement being in every case made horizontally. 57. Any person who shall cut down, destroy, remove, mutilate, lop, or bark any live tree or brushwood on the river reserves aforesaid shall be deemed guilty of an offence, and for every such offence shall be liable to a fine not less than £10 and not exceeding £50, in addition to the value of the trees so cut down, destroyed, removed, mutilated, lopped, or barked: Provided that every proprietor of river reserves may cut down and destroy brushwood for the purpose of planting useful or ornamental trees, on giving previous notice to the Surveyor-General of his intention to do so, and on condition that, if such trees be not planted according to notice, the penalties enacted above shall be held to have been incurred. It shall further be lawful for every proprietor of river reserves to cut down, destroy, and remove live trees or brushwood for the purpose of opening the boundary-lines of his property, or building a bridge, or setting up a chaussee, or making a road across any river or rivulet, and also to clear away, cut down, and remove trees and brushwood on a space not exceeding 30 feet in width, so as to have convenient access to the river for his cattle. No permission shall be required for the purposes set forth in paragraph 3, but notice shall be given to the Surveyor-General at least ten days before the trees are cut down, destroyed, or cleared: Provided that if any proprietor cuts down, destroys, clears away, or removes trees or brushwood, or causes or suffers the same to be cut down, destroyed, cleared away, or removed, under the false pretence that a bridge is to be built, a chaussee set up, or a road made, such proprietor shall be deemed guilty of an offence, and for every such offence shall be liable to a flue of £50 or three months' imprisonment: Provided also that any person who shall plant otherwise than with trees any land comprised within the river reserves aforesaid, except with the permission of the Governor as hereinafter provided, shall incur a penalty at the rate of £50 per acre, and the plantations so made shall be forfeited. 58. Any person, except the proprietors of the land, or persons by them authorized, found upon any river reserves with any axe, hatchet, or any other instrument or implement used to cut wood, shall, although not found actually cutting wood or brushwood, be guilty of an offence and incur a fine not exceeding £5, unless such person can prove to the satisfaction of the Magistrate that the axe, hatchet, or other instrument or implement aforesaid was intended for some other and lawful purpose. 59. It shall be the duty of the Warden of Woods and Forests to plant or cause to be planted all such portions of the river or rivulet reserves that may be denuded of live wood, unless the proprietors or occupiers of land bordering such reserves elect to plant and maintain these themselves with trees of their own choice, within a day to be fixed by the Warden of Woods and Forests : Provided that in the case where the Warden of Woods and Forests shall have planted river or rivulet reserves as aforesaid, the proprietor shall be bound to keep and take charge of all the plantations made on such river and rivulet reserves one month after the said plantations have been reported by the Warden of Woods and Forests to have been successfully effected : Provided that if the report of the Warden be disputed by the proprietor, the question shall be finally settled by the Governor, before whom the contested point shall bo brought by petition from the proprietor objecting to the report.

* Hot printed.