1838
No. 23 of 1909.
Opium not on ship's manifest.
*
Disposal of opium forfeited.
*
Making of analysis.
+
OPIUM.
board the ship, the Magistrate may order such opium so forfeited or any part of it to be delivered to the opium farmer.
77.-(1) No person shall bring or have in his possession on board any ship any opium, other than prepared opium or dross opium not exceeding the quantity specified in section 36, unless the same is entered on the manifest of the ship.
(2) The master of such ship may seize any such opium as aforesaid found on board his ship which is not entered on the manifest, and may retain the same in his possession until he can deliver it to the police.
(3) Notwithstanding anything in this Ordinance, all such opium as aforesaid found on board any such ship which is not entered on the manifest shall be forfeited: Provided that if the opium farmer, within one week after such forfeiture, proves, to the satisfaction of a Magistrate, that any opium so forfeited was not covered by a certificate under section 39, and that he was not privy to its being brought on board the ship, the Magistrate may order such opium so forfeited or any part of it to be delivered to the opium farmer.
78.--(1) Any opium forfeited under this Ordinance and not ordered by the Magistrate to be delivered to the opium farmer, shall be disposed of as the Governor may direct, provided that it be not sold within the Colony, except to the opium farmer, during the currency of the farm existing at the time of such forfeiture.
(2) No police officer or other person having any opium seized under the provisions of this Ordinance in his possession for the purpose of retaining the same until forfeiture, or until its disposal is determined upon by the Governor, or afterwards for the purpose of giving effect to such order of disposition, shall be liable to any penalty under this Ordinance by reason of such opium not being accompanied by a certificate under section 39 or otherwise.
Procedure.
79. The Magistrate may require the Government Analyst to report upon any technical point which may be in dispute in any prosecution under this Ordinance, and may order the payment of the fees due in respect of the Analyst's report by the party in fault,
* As amended by No. 12 of 1912.
* As amended by No. 8 of 1912 and No. 12 of 1912.