COREA MUDALIYAR v. PUNCHIRALA

COREA MUDALIYAR v. PUNCHIRALA.

P. C., Chilaw, 1,547.

Forest Ordinance, 1885-Land at the disposal of the Crown-Ordinance No. 12 of 1840, s. 6-Chena lands.

In a prosecution for clearing land at the disposal of the Crown not included in a village or reserved of forest, in breach of a rule made under chapter IV. of The Forest Ordinance, 1885:

Held, per Lawrie J.-The words " chenas and other lands which can be only cultivated after intervals of several years," occurring in section 6 of the Ordinance No. 12 of 1840, mean lands which were so cultivated at the date of the passing of the Ordinance, and may include lands fit for the cultivation of tea and cocoanut palm.

THE accused in this case was charged under sections 41 and 42 of the Forest Ordinance with having cleared a land at the disposal of the Crown, not included in a reserved or village forest, without obtaining a permit from the Government Agent, as provided by rule 1 of the rules and regulations dated 6th January, 1887, made in terms of chapter IV. of that Ordinance.

It was proved for the prosecution that the land in question was overgrown with low scrub; that the tract appeared

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