CEYLON. REGULATIONS AND ORDINANCES OF CEYLON. Regulation No. 3 of 1811. Preamble. FOR THE PROTECTION OF HIS MAJESTY'S PEARL BANKS OF CEYLON. Whereas there is reason to suspect that depredations are committed in the pearl banks of this Island by boats and other vessels frequenting those places in the calm season without any necessity or lawful cause for being in that situation: For the protection of His Majesty's property and revenue, His Excellency the Governor in Council is pleased hereby to enact and de clare: Penalty on vessels banks. That if any boat or other vessel shall hereafter, between the 10th of January and the end of April, or between the 1st of October and the end of November in any year, be found within the limits of the pearlbanks, as described found within the pearl in the schedule hereunto annexed, anchoring or hovering and not proceeding to her proper destination as wind and weather may permit, it shall be lawful for any person or persons holding a commission or warrant from His Excellency the Governor for the purposes of this Regulation to enter and seize such boat or other vessel, and carry the same to some convenient port or place in this island for prosecution. And every such boat or other vessel is hereby declared liable to forfeiture by sentence of any court having revenue jurisdiction of sufficient amount, and shall be condemned accordingly; two-thirds thereof to the use of His Majesty and one-third to the persons seizing or prosecuting, unless such boat or other vessel shall have been forced into the situation aforesaid by accident or other necessary cause, the proof whereof to be on the party alleging such defence. Colombo, 9th March, 1811. By order of the Council. By His Excellency's command. JAMES GAY, Secretary to the Council. JOHN RODNEY, Chief Secretary to Government. SCHEDULE REFERRED TO. Vessels navigating the inner or alongshore passage are not to hover or anchor in deeper than four fathoms water. Vessels navigating the outer passage are not to hover or anchor within twelve fathoms water. No. 4.-1842. FOR THE PROTECTION OF HER MAJESTY'S RIGHTS IN THE DIGGING FOR DEAD CHANKS. Whereas it is necessary to make provision for the more effectual protection of the deposits of chanks called "dead chanks" Preamble. in the Crown lands in the Northern Province: Penalty for digging for dead chanks with 1. It is therefore hereby enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, that from and after the passing of this Ordinance any person who shall dig for dead chanks in any land belonging to the Crown, without the permission in out permit. writing of the Chanks, where to be stored, and not to be removed without per mit. Government agent or other person duly authorized by him in that behalf, or contrary to the terms of such permit, shall be liable to a penalty, for the first offence not exceeding three pounds, and in default of payment to be imprisoned, with or without hard labour, for a term not exceeding three months; and for the second or any subsequent offence to a penalty not exceeding five pounds, and in default of payment to be imprisoned, with or without hard labour, for a term of five months. 2. And it is further enacted that the dead chanks obtained by dig. ging in the Crown lands shall, on first being dug up, be taken to and kept only at such stores or places in the immediate neighbourhood of the lands whence the dead chanks were dug up as may be approved of by the Government agent as places for storing said dead chanks, and that they shall not be thereafter removed from such stores or places without the permission in writing of the Government agent, or of some person duly authorised by him on that behalf; and Penalty. that the taking or removal of dead chanks contrary to the provisions of this clause shall be an offence, and shall be punished by the confiscation of all dead chanks so taken or removed. 3. And it is further enacted that one-half of all fines hereinbefore directed to be levied and one-half of the produce of all Fines, how to be dis- confiscations under this Ordinance, shall go to Our Lady, the Queen, and the other half to the person in consequence of whose information the offender is convicted. Provided always, that in the event of the inability of any defendant to pay any such fine, and sentence of imprisonment being awarded for any such offence, the district judge shall nevertheless pay to such informer the amount to which he would have been entitled if such fine had been paid. posed of. Proviso. Passed in Council the Fifteenth day of August, One thousand Eight hundred and Forty-two. KENNETH MACKENZIE, Published by order of His Excellency the Governor. P. ANSTRUTHER, No. 5.-1842. FOR THE PROTECTION OF HER MAJESTY'S CHANK FISHERY. Preamble. Every boat, &c., chanks without li found fishing for cense to be confiscated Whereas it is necessary to make provision for the protection of Her Majesty's Chank Fishery: 1. It is therefore hereby enacted by the governor of Ceylon, with the advice and consent of the Legislative Council thereoì, that from and after the passing of this Ordinance every boat, canoe, raft, or vessel whatsoever which shall be found employed in the fishing for, or in any way for the collection of, chanks, without the written license for its so being employed of the Government agent of the province on the coasts of which it shall be so found, or of some person duly authorized by him to grant such licenses, or contrary to the terms thereof, in held guilty of an shall, together with all its appurtenances, be confisoffence and liable to cated, and every person found therein shall be guilty fine or imprisonment. of an offence, and be liable on conviction thereof to a fine not exceeding one pound, and in default of payment to imprison Persons found there ment, with or without hard labour, for a period not exceeding one month. Penalty on persons found fishing for or atto collect without li chanks 2. And it is further enacted that all persons found fishing for, or otherwise attempting to collect chanks without a license for that purpose from the Government agent of the province on the coast of which they shall be so found, tempting or from some person duly authorised by him to grant such license, or contrary to the terms thereof, shall be guilty of an offence and be liable on conviction thereof to a fine not exceeding one pound, and in default of payment to imprisonment, with or without hard labour, for a period not exceeding one month. cense. Chanks to be landed on the coasts of the colony within a stipu lated period. 3. And it is further enacted that all chanks shall be landed at some place on the coasts of this Colony, within such time after their being fished up or otherwise collected as shall be stipulated in their license, and every person failing so to land any chanks in the fishing or collection of which he shall have been employed shall be guilty of an offence, and be liable on conviction thereof to a fine not exceeding one pound, and in default of payment to imprisonment, with or Penalty. without hard labour, for a period not exceeding one month. And ever person procuring, instigating, or assisting another to commit the said last-mentioned offence shall be liable to the same punishment as a person actually committing it. Possession of chanks fence. 4. And it is further enacted that the possession of chanks at any place on the coasts of this Island, other than a port of entry, without the permit of the Government agent of without permit an of the province, or some person authorised by him to grant such permits, or contrary to the terms of any permit for such possession that may have been granted, shall be an offence, and all chanks found so possessed shall be confiscated. Officers empowered to demand the pro duction of license. 5. And it is further enacted that all headmen, officers of police or customs, and all persons specially appointed for that purpose by the Government agent shall be, and they are hereby, empowered to demand of all persons fishing for or attempting to collect chanks, or having them in their possession, the production of any license or permit required of them by this Ordinance; and in case the same shall not be produced, or, being produced, shall not be deemed satisfactory, to seize and take such persons before the district court, and detain and in safe custody keep any boat, canoe, raft, or vessel employed, or chanks possessed by them un. lawfully, until they shall receive the diretions of the Persons resisting said court for their disposal; and every person mak- such officers or incit ing or inciting any resistance to such officers or other to fine and imprisonpersons in the exercise of their duty shall be liable to ment. imprisonment, with or without hard labor, or fine, or both, at the discretion of the district court. ing resistance liable Penalty for using a dredge or apparatus ୮ 6. And it is further enacted that no dredge or other apparatus for the purpose of collecting chanks shall be used; and that any such apparatus that may be found on board any boat, canoe, raft, or vessel shall, together with of a like nature. such boat, canoe, raft, or vessel be confiscated and the tindal and crew of such boat, canoe, raft, or vessel shall be liable to imprisonment at hard labour for a period not exceeding three months. 7. And it is further enacted that one-half of all fines recovered, and one-half of the produce of all confiscations made under this Ordinance shall go to Our Lady, the Queen, and the other half to the person in consequence of whose Fines, how to be disposed of. Proviso. information the offender is convicted. Provided, always, that in the event of the inability of any defendant to pay the fines above directed, and sentence of imprisonment being awarded in consequence thereof, the agent of the province shall nevertheless pay to such informer the amount to which he would have been entitled if such fine had been paid. Passed in Council the Twenty-ninth day of August, One thousand Eight hundred and Forty-two. KENNETH MACKENZIE, Published by order of His Excellency the Governor. P. ANSTRUTHER, No. 18.-1843. AN ORDINANCE TO DECLARE ILLEGAL THE POSSESSION OF CERTAIN NETS AND INSTRUMENTS WITHIN CERTAIN LIMITS. C. CAMPBELL. Whereas it is expedient to prohibit the possession within certain limits Preamble. Possession of certain nets, dredges, and within certain limits other instruments illegal. of certain nets and instruments which might otherwise be used to the detriment of Her Majesty's pearl banks: 1. It is therefore hereby enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, that from and after the passing of this Ordinance the possession on land of any drifting net or other net not being such as are used by men walking in the sea, or of any dredge or similar instrument, at any place within twelve miles of Tallaville or Talmanar, or at any place within twelve miles of any part of the shore at low water mark between Tallaville and Talmanar, shall be unlawful, and every such net, dredge, or instrument that shall at any time be found within such limits shall be forfeited, and every person who shall at any time have had any such net, dredge, Penalty. or instrument in his possession, or shall have moved or concealed or assisted in or procured the movement or concealment of any such net, dredge, or instrument within such limits, shall be guilty of an offence, and be liable on conviction thereof to a fine not exceed ing ten pounds, or to imprisonment with or without hard labour for any period not exceeding six months. Peace officers may &c., and seize offend make search for nets, ers. 2. And it is further enacted that it shall be lawful for every officer of the Customs and every peace officer to search any house or premises within any such limits as aforesaid where he shall have good reason to believe any such net, dredge, or instrument as aforesaid to be kept or concealed, and to take the same into his charge, and to seize and take every person offending against this Ordinance before any competent court or justice of the peace, to be dealt with according to law. Passed in Council the Thirtieth day of November, One Thousand Eight Hundred and Forty-three. KENNETH MACKENZIE, Published by order of His Excellency the Governor. P. ANSTRUTHER, No. 18.-1890. AN ORDINANCE RELATING TO CHANKS. A. E. HAVELOCK. Whereas it is expedient to amend the Laws relating to Chanks and to prohibit the diving for and collecting of Chanks, Bêche-de-mer, Coral, or Shells in the seas between Man Preamble. nár and Chilaw: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1. This ordinance may be cited for all purposes as "The Chanks Ordinance, 1890," and it shall come into operation at such Short title and date time as the Governor in Executive Council shall, by proc- of operation. lamation in the Government Gazette, appoint. Repeal. 2. The Ordinance No. 4 of 1842, intituled "An Ordinance for the protection of Her Majesty's rights in the digging for Dead Chanks," and the Ordinance No. 5 of 1842, intituled "An Ordinance for the protection of Her Majecty's Chank Fishery," are hereby repealed, but such repeal shall not affect the past operation of either of the said enactments, or anything duly done or suffered, or any obligation, or liability, or penalty accrued or incurred under them or either of them. Where any unrepealed Ordinance incorporates or refers to any provision of any Ordinance hereby repealed, such unrepealed Ordinance shall be deemed to incorporate or refer to the corresponding provisions of this Ordinance. 3. In this Ordinance, unless the context otherwise re- Denfitions. quires "Chanks" includes both live and dead chanks. "Person" includes any company or association or body of persons whether incorporated or not. Duty on chanks. 4. (1) There shall be levied and paid on all chanks entered for exportation a royalty at such rates not exceeding one cent on each chank, as the Governor, with the advice of the Executive Council, shall, from time to time by notification in the Government Gazette, appoint. (2) No chanks shall be exported save and except from any port mentioned in the schedule A hereto, or from any other port which the Governor in Executive Council may appoint by notification in the Government Gazette. Ports of entry. Bill of entry. 5. (1) The person entering outwards any chanks to be exported from any port shall deliver to the collector a bill of the entry thereof, expressing the name of the ship and of the master, and of the place to which the chanks are to be exported, and of the person in whose name the chanks are to be entered, together with the number and value thereof, anything in the Ordinance No. 17 of 1869 to the contrary notwithstanding, and shall at the same time pay to the collector any sum which may be due as royalty upon the exportation of such chanks. Collector's warrant. (2) Such person shall also deliver at the same time one or more copies of such entry, and the particulars to be contained in such entry shall be written and arranged in such form and manner, and the number of such copies shall be such as the collector shall require, and such entry being duly signed by the |