400 ORDINANCE No. 2 OF 1858.
Prepared Opium.
Penalties under 13. For every offence against the provisions of this Ordinance, not otherwise pro
this Ordinance.
vided for by any regulations to be made and notified in manner aforesaid by His said
Excellency in Council, and actually in force, there shall be recovered and levied in
manner aforesaid from , or imposed on , the offender in that behalf, the penalties follow
ing, that is to say :
For every first offence a fine not exceeding two hundred and fifty [ "five
hundred " as amended by Ordinance No. 7 of 1879] current dollars ; or
imprisonment for a term not exceeding three months, nor less than one
day.
And for every subsequent offence, a fine not exceeding five hundred [“ one
thousand " as amended by Ordinance No. 7 of 1879 ] current dollars ; or
imprisonment for a term not exceeding six months.
Informer to be 14. If any charge or complaint shall be preferred under this Ordinance, or under
paid one-half of
the pecuniary
penalty. any of the said regulations, by a person holding any such privilege or licence as
aforesaid, and upon the said charge or complaint the defendant thereto shall be
convicted , one-half of the pecuniary penalty (if any) imposed upon the defendant by
the Court, shall be awarded and paid to the person preferring such charge or
complaint ;-And likewise , (if the said charge or complaint were for any offence under
section 8), the whole of the prepared opium to which the same related shall be forfeited ,
and by the said Court adjudged and delivered to the person aforesaid . [ Repealed by
Ordinance No. 7 of 1879 and new section substituted. ]
Penalties for 15. In dismissing any charge or complaint under this Ordinance, on the ground
false charges.
of the same being false, or frivolous and vexatious, it shall be the duty of the Court to
impose upon the person bringing the same, any penalty not exceeding or other than the
penalty which the defendant, if convicted upon such charge or complaint, would
have incurred ; over and above all penalties, (if any) , which the said person may
have likewise incurred in respect of his said charge or complaint, or of his evidence in
support thereof, under Ordinance No. 7 of 1857, sections 6 and 7.
Penalties for
improper issuing, 16. Over and above all other liabilities or penalties to which by this Ordinance,
execution , &c.,
of search war or any other Law, any person shall become or be subject in respect of his suing out,
wants.
obtaining, issuing, or executing improperly, and without sufficient cause, any search
warrant under this Ordinance, the said person shall be further liable to the penalties
specified in section 13, to be enforced and levied as hereinbefore provided.
[ All repealed by Ordinance No. 1 of 1884. ]
NOTE. For opium privilege regulations of the 20th March, 1858, see Gazette, 23rd
of the same month.
For further regulations of 27th July, 1869, sec Gazette, 31st of the same month.
For conditions of licences of the 21st February, 1883, see Gazette of same date.