み
Powers of officer executing
warrant.
Liebling of master, owner, etc., of ship
ship (not being or having the status of a ship of war), within the Colony, there is concealed or deposited any opium sabject to forfeiture under this Ordinance, or as to which an offence has been committed or is about to be
committed against this Ordinance, such Justice of the therm Peace may, by his warrant directed to any Police or Exeise Offfeer, empower such officer, by day or by night,-
(a.) to enter such dwelling house, shop, or other building or plaen, or to go on board such ship, and there to scurch for and take possession of any such opinu and of the ship in which the same is found and of any implements in such place or ship; and
(b.) to arrest any person or persous, being in such dwelling house, shop, or other building or place or skip, in whose possession, custody on control such opium may be found, or whom such officer may reasonably suspect to have concented or deposited any such opiam in such place or ship or thereabout.
70. Such officer may, if it is necessary to do so,- (4) break open any onter or inner door of such dwell- ing house, shop, or other building or place, and enter thereinto;
(5.) forcibly entor such ship and every part thereof : (c.) remove by force any obstruction to such entry, surch, seizure and removal as he is empowered to effect;
(d) detain every person found in such place or on bourd suck ship until such place or ship has been searcbed;
(2.) seize and detain any such opium or implements
found in such place or ship; and
(A) seize and detain any such opium or implements found in the possession of any of the persons against whom his worraut has been issned in any place what- over within the Colony.
71-(1.) If any ship is used for the importation, land- ing, removal, carriage, or conveyanco or for the exportation
of any opium in contravention of this Ordinance, the
landing, ele, master, owners, or agents thereof shall be liable to a smuggle opium.
Process un Sundays.
Contraband opium.
Amdar
Opium found under Bus- picious circuu-
stances,
penalty not exceeding one thousand dollars.
(2.) Au amount of any such opinn fonud on board any
such ship and exceeding,→
(4.) in the ease of any steamship of sixty tous burden
and upwards, fifty tacls in weight; or,
(6.) in the case of any steamship muder sixty tons
burden, twenty-five taels in weight ; or,
(e) in the case of any other ship, ten taels in weight, shall be deemed evidence of the unlawful use of such ship, unless it is proved, to the satisfaction of the Magistrate, that every reasonable precaution had been inken to prevent the unlawful use of such ship, and that none of the officers or their servants or any of the crew of such ship were implicated therein.
(3.) Where practicable, all offences under this section shall be inquired into and adjudicated on by two Magis- trates sitting together.
72. All informations to be laid, and all warrants to be issned, and all arrests and seizures to be inade under this Ordinance may be had or done on Sunday as well as on any other day,
(+)
Forfeitures.
78. All opium, other than raw opium, seized with regard to which any breach of this Ordinance, or of any regulation made thereunder, has been committed, together with any implements, may be forfeited by the Magistrate and, in his discretion, adjudged and delivered in whole or in part to tlio Farmer.
74.--(1.) Whenever any seizure of prepared opium or dross opium is made under this Ordinance, or whenever there is reasonable ground to believe that opium is prepared by any unauthorized person or in any unauthorized place, all raw opium found in the possession of such person or in such unauthorized place my bo seized by any Police or Excise Officer.
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(2.) If the Magistrate considers that there is reason to believe that the unlawful preparation of opium was carried on by such unauthorized person or in such un- authorized place, or if any implement within the meaning of this Ordinance is found in the possession of suel unauthorized person or in such unauthorized place, the Magistrate may order such opium or such implement or im- plements to be forfeited, and may, in his discretion, direct that they be delivered to the Opiumor Farmer.
75.-(1) When any opinn or any implement is found Cuclaimed without being apparently in the possession of any person,
ορίστα. or when the Opium Farmer shall have proved to the satisfaction of a Magistrate that he is unable to proceed against any individual with respect to any opium or any implement as to which an offence has been committed against this Ordinance, by reason of the fact that the offender is out of the jurisdiction or canot be found, the Magistrate may cause a notice in English and Chinese to be affixed to the place where such opium or implement has been found or where it is known to be stored calling upon the owner thereof to claim the same.
(2.) If uo person makes such a claim within one week from the affixing of such notice or if any such claim is nade within the like period but is not subsequently sul stantiated to the satisfaction of aMagistrate, such opium or implement shall be forfeited, and may be delivered by the Magistrate, in his discretion, to the Opium Farmer.
78.-(1) Every person who conceals or secretly places Opium con- any opium in any part of any steamship shall, on cealed on summary conviction, be liable to a penalty not exceeding steamships. five hundred dollars, and, in default of payment, to impri- sonment, with or without hard labour, for any term not exceeding six months.
(2.) Any opium concealed or secretly placed as afore- said shall be seized, and the Magistrate may, whether any person is charged with or convicted of any offence under this section or not, order such opinm to be forfeited. Ama
pium Farmer, within one week after ench forfeiture, proves, to the satisfaction of a Magistrate, that any opium Forforfeited was not covered by n certificate under section 39 of this Ordinance and that he was not privy to its being brought on board the ship, the Magistrate may, if he thinks fit, order such opium so forfeited wany purt of If to be delivered to the Opium Farmer,
77.-(1.) No person shall bring or have in his poss Oplam not ession on board any ship any opium, other than prepared on ship's opium or dross opium not exceeding the quantity specified manifest. is section 36 of this Ordinance, unless the same is entered
on the manifest of the ship.
(2.) The master of such ship any seize any suelt opíum as aforesaid found on board his ship which is not entered on the manifest, and may retain the same in bis possession until he eau deliver it to the Polies,
(3.) Notwithstanding anything in this Onlinance, all snch opium as aforesaid found on board any such ship which is not entered on the manifest shall be forfeited to the Crown : Provided--that if the Opium · Farmse, within one week after such forfeiture. proves, rette" satix- faction of Magistrate, that any opium so forfeited was not covered by a certificate under section 39 of this Ordin- ance and that he was not privy to its being brought on board the ship, the Magistrate may, if he thinks hit, order such opium so forfeited or any part of it to be delivered -to the Opium Parmer.~~
78.-(1.) Any opium forfeited to the Crown uuder this Disposal of Ordinance and not ordered by the Magistrate to be delivered spium for-
Crown.
to the Opium Farmer, shall be disposed of as the Governor feited to the may direct, provided that -bo-not-sokd-within-the-Colony, stopt to the Opium Farmer, during the currency of the facal oxisting at the time of such fafciture.,
Coper
383
in other then raw opains to not sold within the Colony except
to the Openins Jammer during to currency of the farm cxisting at the time of such forfeiture and provided for her that raw thium be not sold within the Colony exeipt for expor terefrom "or except to the Opin on Tanner during the envrincy of the form exerting
the triksf such patutüre.