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103

PUBLIC RECORD OFFICE

Reference :-

C.O. 882

5 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Rule of law for prima facie evi-

dence.

Forfeiture of

such ship deliver a requisition in the form B in the second schedule hereto, giving the particulars therein required, at the office of imports and exports, or at the chief police station if the said office be not then open for business, and the import and export officer, or the chief police officer at the said station, as the case may be, shall at once grant a permit in form C in the said schedule addressed to a police officer, authorising and requiring him to proceed forthwith on board the ship, and take possession of the said chandu and bring the same to the said office or station as the case may be, there to be kept until exported or sold to the farmer, and such order shall be carried out accordingly. Provided always, that if it shall appear to the farmer that the quantity of alleged to be part of the sea-stores of such ship is too great for use as sea-stores he shall any chandu be at liberty to take proceedings under this Ordinance.

(2.) Any person offending against or not complying with any of the provisions of this or the preceding section shall be liable to à fine not exceeding $200.

12. Whenever it shall appear in any proceeding that opium in less quantity than one chest or in parcels of less than one chest, or any chandu is found in any ship at any Settlement one hour after the anchoring, mooring, or staying of the ship within such Settlement, without a requisition having been delivered to the office of imports and exports or to a police station, as herein-before provided, or that the chandu on board of the ship on her arrival in the Settlement where the proceeding is taken and alleged to be part of the sea-stores of such ship is more than reasonably sufficient for the use of the persons on board as sea-stores during the remaining portion of the ship's voyage, either of Auch facts shall be taken as primâ fucie evidence from which the magistrate may infer that the same was unlawfully imported.

13.-(1.) Any ship which shall be used for the importation, landing, removal, carriage, ships used in or conveyance of any chandu contrary to the provisions of this Ordinance shall be muggling. forfeited, and may be seized and detained by the chief police officer until adjudicated on

according to law.

Presumption of law.

Proceeding to

be taken under *The GrowA

·

2. A ship on board of which chandu is found contrary to the provisions of this Ordinance in amount exceeding ten pounds weight shall be deemed until the contrary is proved to have been so used as aforesaid.

(3.) Proceedings to enforce any forfeiture under this section may be taken in the name Ball Ordinador of the Attorney-General under "The Crown Suits Ordinance, 1876."

Governor

may release

forfeited ship.

Export of

opium loss

shan one

chest.

Permit not

to be granted till ship is ready for sen. Receipt to be procured from ship.

If departure

of ship la delayed.

(4.) At any time after the detention of any ship under this section it shall be lawful for the Governor to release such ship upon such security as he shall think sufficient or without security.

14.—(1.) Every person who shall be desirous of exporting or of selling for exportation opium in less quantity then one chest shall deliver to the officer of imports and exports a requisition in form D. in the second schedule hereto, giving the particulars therein required, and the said officer shall thereupon cause the quantity of opium specified in the requisition to be obtained from the farmer, who shall always keep on hand a stock of the kinds of opium chiefly in use, and shall supply the same at any price to be agreed upon, but not exceeding 15 per cent. above the market price of the day of the same kind of opium in chests, such market price to be ascertained in every case of dispute by the said officer, whose certificate shall be final and conclusive evidence thereof, and the said officer shall thereupon cause the said opium to be delivered to the person who is to export the same, and shall grant to such person a permit in form E. in the same Schedule.

15.-(1.) No permit for the exportation of opium in less quantities than one chest, or for the exportation of chandu imported under section 11, shall be granted till the ship in which the same is intended to be exported shall be ready to proceed to sea,

(2.) Every person who shall receive such permit shall upon receiving the same within the time named therein cause such opium or chandu to be conveyed to and placed on board of the vessel mentioned in such permit, and shal! procure and deliver to the farmer a receipt for the same, or in case the vessel shall not receive such opium or chandu shall deposit the same forthwith in the farm office or in the office of imports and exports, or at the chief police station at which place such opium or chandu may be deposited, if the said other offices be not open for business.

(3.) If the departure of such ship be delayed beyond one day, the person who shall have received such permit shall give notice of the same at the office of imports and exports,

and if the ship does not finally proceed on the voyage, the opium or chandu shall forth- with be re-landed and deposited in the farm office, or in the office of imports and exports, or, if the said offices be not open for business, at the chief police station.

Except as herein-before provided, it shall be unlawful to re-land any opium or chandu shipped.

counter-

16. Every permit shall, before being used or acted upon, be presented at the farm Permit to be office, and thereupon the farmer or his agent shall forthwith countersign the same. signed by Provided always, that, if the farmer or his agent be of opinion that the quantity of opium farmer. proposed to be exported to any place is in excess of the legitimate requirements of that place, he may refuse to sign a permit for exportation unless and until he receives an order in writing from the Colonial Secretary or the Resident Councillor requiring him to sign such permit.

17. No fees shall be charged for any permit required by this Ordinance to be granted Permit by the officer of imports and exports, or for the signature thereto of the farmer or his exempt from agent.

fees.

cheat un- lawful.

18. No person except the farmer shall sell or offer for sale, and no person shall buy Buying or except from the farmer or shall have in or receive into his possession, custody, or control, selling opium except in accordance with the provisions of this Ordinance, opium in any quantity less less than one than one chest.

19. No person except the farmer shall make or prepare chandu or shall sell or offer Unlawfully for sale or permit to be sold or offered for sale, or shall buy, or have in or receive into preparing

and dealing his possession, custody, or control, any chandu other than such as shall have been with abandu. purchased from the farmer of the then current year, or from an opium-farm shopkeeper of the Settlement of the then current year (the onus of proof of which purchase shall rest upon such person). Provided always, that no person who may have bought any chandu from the outgoing farmer or from an opium-farm shopkeeper under the outgoing farmer shall be liable to be convicted for having in his possession such chandu not exceeding three tahils weight at any time before noon on the third day after the com- mencement of the new farmer's privileges, and provided also, that nothing herein contained shall make it an offence for any person to have in his possession any opium dross produced by him from lawfully-purchased chundu.

case if re-

20. Every person selling chandu under this Ordinance shall, if so required by the pur- Chanda chaser, deliver therewith a certificate setting out the full name and place of residence, eller to quantity of chandu sold, the description of vessel in which the same is placed, the give certif hour and day of sale, and the place to which the same is to be removed for consumption, quired. and any person refusing or omitting to give such certificate, and any purchaser giving a false or incorrect name or place of residence, shall be liable to a fine not exceeding $25.

21. Every person who shall aid, abet, procure, or be interested or concerned in or Penalties for abatement of knowingly derive any profit from the importation of any chandu contrary to the pro.

importation visions of this Ordinance, shall be liable for the first offence to a fine not exceeding $1,000, or to imprisonment of either description for any period not exceeding three months, or to both fine and imprisonment, and for the second offence to a fine not exceeding $3,000, or to imprisonment of either description for any period not exceeding six monthe, or to both fine and imprisonment, and, for every subsequent offence to a fine not exceeding $5,000, or to imprisonment of either description for any period not exceeding twelve months, or to both fine and imprisonment.

count of

22. The farmer shall be at liberty at any time not exceeding five times in each month Farmer may to demand in writing from any person having opium in his possession, custody, or require control, an account in writing of the opium so held at the time of such demand, and of stocka, the marks and numbers upon the chests containing the same, and the farmer or his agent may also at any time between the hours of six in the morning and six at night, but not oftener than five times in each month, enter the premises where such opium is stored and inspect the same and any person refusing to give such account or without reasonable cause shown to permit such entry or giving a false or incorrect account, shall be liable to a fine not exceeding $500.

23. If on search authorised under this Ordinance any opium is found to have been Search for imported contrary to the provisions thereof, or to be missing from the place in which it deficiencies. was stored on importation, or from the place where according to the permits it ought to be found stored, the person in whose possession such opium so imported may be found, or

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