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PUBLIC RECORD OFFICE
Reference :--
C.O. 882
5 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
Names and
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(4.) Any person other than a police officer assuming to act as a revenue officer under this Ordinance and not holding a warrant as such shall be liable to a fine not exceeding $100.
41. The names and places of residence of every revenue officer so appointed at any residences to Settlement shall be posted in a conspicuous place at the chief police court of the be published Settlement. Bulges to be supplied.
Production of before acting. Police offi-
cers' badge.
To be public
* servants.
False return and state- ments.
Search war-
rants may be issued by justice of the peace
When satia fied on oath that there is good cause.
Lake posses- sion of
42. Every revenue officer appointed under this Ordinance shall be supplied at the expense of the farmer with a badge bearing such sign or mark of office as may be directed by the licensing officer with the approval of the Governor, and before acting against any person under this Ordinance every such revenue officer shall declare his office and produce to the person against whom he is about to act his said badge. Every police officer acting under the provisions of this Ordinance if not in uniform shall in like manner declare his office and produce to the person against whom he is about to act such part of his public equipment as the inspector-general of police may direct to be carried by police officers when employed on secret or special service.
43. All revenue officers appointed under this ordinance shall be deemed to be public servants within the meaning of the penal code.
44. Every person who shall deliver any requisition, return, account, or other written statement required by this Ordinance to be made or delivered shall sign the same himself unless he be absent from the Settlement or unable from sickness to attend to business, in which case the same may be signed by his agent for him; and if any such application, requisition, return, account, or other statement shall be false or incorrect either in whole, or in part to the knowledge of the person so making, delivering, or supplying the same, whether the same be signed by himself or by his agent, such person shall in every case, not otherwise provided for by this Ordinance, be liable to a fine not exceeding $1,000 for the first offence, and $2,000 for every subsequent offence; and such agent shall also and in like manner if offending be liable to penalties of the like amount.
45. Any justice of the peace for the Settlement may by his warrant directed to any police officer not being under the rank of a corporal empower him by day or by night to enter and search any dwelling house, shop, or other building or place or any ship within the Settlement in any case in which it shall appear to such justice of the peace upon the oath of any person that there is reasonable cause to believe that in any such dwelling house or other place or on board such ship is concealed or deposited any article subject to forfeiture under this Ordinance, or as to which an offence has been committed against this Ordinance, and to take possession of any such article and of the Officer may ship in which the same may be found, and of all utensils used for preparing such article and to arrest any person or persons being in such dwelling house or other place or on board such ship in whose possession any such article may be found, or whom the said officer may have good and sufficient reason to suspect to have concealed or deposited therein or thereabout any such article, and any officer to whom such warrant shall be directed may in case of obstruction or resistance break open any outer or inner doors of such dwelling house or other place and enter thereinto, and forcibly enter such ship and every part thereof, and remove by force any obstruction to such entry, search, seizure, and removal as aforesaid, and may detain every person found in such place or on board such ship until the said place or slip shall have been searched, and all informations to be laid and all warrants to be issued and all arrests and seizures to be made under this Ordinance may be had or done on a Sunday as well as on any other day.
Articles found
and may
arrest
person.
Power to
break doors.
May detain persons. Sundays.
Powers of search.
46. Every police officer not being under the rank of corporal shall have and at the request of the farmer or his duly authorised agent shall exercise in, upon, or in respect of any ship, wharf, or islet within any Settlement all the powers and authorities mentioned in the last preceding section in as full and ample a manner as if he were empowered so to do by the warrant of a justice of the peace issued under the said section, and shall further have and at such request as aforesaid exercise the power of searching, and if necessary, breaking open any box, chest, or package. Provided Farmer to
always, that in the event of such search being unsuccessful, the farmer shall repack or make goo!
cause to be repacked any goods which may have been unpacked during such search and all damages, make good any damage he may have caused thereby. In the event of any dispute as to the amount of damage to be made good by the farmer, such amount shall be ascertained by two arbitrators, one to be appointed by the farmer and the other by the person whose property is damaged; but if at the expiration of 24 hours from the time of such dispute first arising such amount shall not have been so ascertained from any
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cause then, and in such case such amount shall be ascertained by the chief police officer of the Settlement, or some other person to be appointed by him, whose decision shall be final.
For the purposes of this section the term "wharf" shall include any warehouse or Definition. any place adjoining a wharf and used in connexion therewith.
officer may board on arrival.
ships
47.-(1). It shall be lawful for any revenue officer having a general authority in that Revenue behalf in writing from the chief police officer of the Settlement at all times to board any ship, and to remain on board such ship so long as she remains at any Settlement, for the purpose of seeing that the provisions of this Ordinance are observed.
(2.) Such revenue officer may require the master or other person in charge of the ship
to exhibit to him any opium or chandu which may be on board of such ship.
(3.) The master of any ship or any other person who shall refuse to allow such revenue officer to board his ship, or who shall in any way molest or interfere with such revenue officer, or who shall refuse to exhibit such opium or chandu to such revenue officer, shall be liable to a fine not exceeding $100 in addition to any other punishment to which he may have rendered himself liable under this or any other Ordinance.
without
48. Any person found committing or attempting to commit an cffence or employing, Arrest of aiding, or assisting any person to commit an offence against the provisions of this offenders Ordinance, may be arrested without warrant by any police or revenue officer, and taken warrant. with any articles found as to which the offence may have been committed or attempted to have been committed, to a police station, there to be dealt with according to law, and any person suspected to have about his person any article as to which an offence has been committed against the provisions of this Ordinance, may be arrested by any police or revenue officer without a warrant and taken to a police station, there to be dealt with according to law.
49. All convictions and fines and penalties under this Ordinance may be had and Recovery of recovered in a summary way before a police magistrate.
fines and penalties. 50. All opium or chandu with regard to which any offence has been committed against Forfeiture. this Ordinance or against any regulation made, permit granted, or Order in Council issued thereunder, or in respect of which any breach of the restrictions and conditions subject to or upon which any license has been granted under such Order in Council, together with the utensils, vessels, packages, carts, carriages, and conveyances in which the same may be found, may be seized by any police or revenue officer and may be forfeited by s magistrate.
51. Every omission or neglect to comply with or act done contrary to the provisions Penalties. of this Ordinance, or in breach of any regulation made, permit granted or Order in Council issued thereunder, or in breach of the restrictions and conditions subject to or upon which any license has been issued under such Order in Council, shall be deemed an offence against this Ordinance, and for every such offence not otherwise specially provided for the offender shall in addition to any forfeiture of the articles seized as herein-before provided for be liable to the following penalties:-
(i.) For every first offence a fine not exceeding $500.
(i.) For every subsequent offence a fine not exceeding $1,000 or imprisonment of either description for a term not exceeding six months, or to both fine and imprisonment.
payment of
52. The period of imprisonment imposed by a magistrate in respect of the non- Imprison- payment of any fine under this Ordinance or in respect of the default of a sufficient ment on non. distress to satisfy any such fine, shall be such period, of such description, simple or rigorous, fines. as in the opinion of the magistrate will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale, viz. :----
Where the fine
Does not exceed $25 dollars
Exceeds $25 but does not exceed $50 Exceeds $50 but does not exceed $100
The period shall not exceed
Two months. Four months.
-
Six months.
With an additional two months for every $100 after the first $100 of the nne until a maximum period of twelve months is reached. Provided always, that—
and on payment
part of fine.
(a) if before the expiration of such period of imprisonment such a proportion of the Imprisonment to fine be paid or levied as is not less than proportional to the unexpired portion of prote of such period the imprisonment shall terminate;
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