PUBLIC RECORD OFFICE
Reference :-
سائل
C.O. 882
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
Whare Ana and
imprisonment ordered, im-
prisonment to be
additional to ADJ imprisonment In common of
Aine,
Imprison-
103
(¿) where a person is sentenced to both fine and imprisonment, and the fine not being paid is commuted into imprisonment, such imprisonment shall be in addition to the imprisonment ordered by the original sentence.
53. When any person having been already convicted of any offence against this ment on sub- Ordinance is again convicted of an offence against this Ordinance, the imprisonment for sequent con- such subsequent offence shall, unless otherwise ordered, be cumulative, and shall com- victions to be ence at the expiration of any imprisonment to which such person shall have been
previously sentenced.
cumulative.
Fines and
54. All fines received under this Ordinance, except those imposed by section 31, forfeitures to shall, after the adjudication of a portion of the same not exceeding one-half, at the the farmers. discretion of the magistrate, to the informer, be paid to the farmer, and all articles subject to restriction under this Ordinance seized and forfeited shall be given to the farmer prosecuting the case, except when such articles are declared by the magistrate to be unfit for use, in which case they shall be destroyed. All ships forfeited under this Ordinance shall, if the Governor in Council so direct, be sold, and the proceeds of sale thereof be paid into the Treasury for the purposes of the Colony, and all fines levied against the farmer shall be paid into the Treasury for the use of the Colony.
Manner of
55. On any trial before any magistrate, and in any proceeding on appeal in the seizure not to Supreme Court, relating in any of the above cases to the seizure of articles subject to be inquired restriction under this Ordinance, it shall be lawful for the judges of the said court and into.
for the magistrates, and they are hereby respectively required, to proceed to such trials and to the hearing of such appeals on the merits of the case only, without reference to matters of form, and without inquiring into the manner or form of making any seizure excepting in so far as the manner and form of seizure may be evidence on such
Matters of form.
merits.
Requisition 56. Every requisition received, and a copy of every permit issued, shall be entered permits, &c., in the office of imports and exports at the Settlement, in a book or books, and the how proved. farmer sball be entitled, without fee, to inspect and take extracts from the books of entry, and the production of any extracts from the said books, or of any certificate as to requisitions for and grants of permits certified or purporting to be certified under the hand of the Registrar of Imports and Exports of the Settlement, or his deputy, shall, on the trial of any person charged with an offence under this Ordinance, be proof of the facts set out in the said extracts and certificates till the contrary be shown by or for the person so charged, and the absence of requisitions and of copies of permits from the said books shall be proof till the contrary is shown in like manner, that application has not been made for the permit required, and that the permit has not been issued.
Governor may stay
57. It shall be lawful for the Governor to suspend or stop any prosecution or pro- ceeding instituted, or proposed to be instituted, under this Ordinance, and to direct the proceedings refund of the whole or any part of any fine or penalty, and the restoration of any ships ordered to be forfeited, and the restoration of the whole or any portion of any articles ordered to be forfeited, to any person from whom the same may have been taken.
Actione
months.
58. All actions and other proceedings which may be lawfully brought for anything within three done, omitted, or intended to be done under the provisions of this Ordinauce, or of any regulations or Order in Council made thereunder, shall be commenced within three months after the accrual of the cause of action, and not otherwise, and the provisions of sections 43 to 49, both inclusive, of "The Police Force Ordinance, 1872,” shall apply to such actions and proceedings.
Protection of informers. Examination of
landers.
Person charged
MAY KITS evillanos.
Governor
59. The provisions of sections 17 and 18 of "The Common Gaming House Ordi. nance, 1888," shall be read as part of this Ordinance.
60. It shall be lawful for the Governor to delegate the exercise of the several powers vested in him by this Ordinance to the Colonial Secretary at Singapore and each of the may delegate Resident Councillors of Penang and Malacca in his absence from the several Settlements his powers.
respectively.
l'assed this 26th day of July 1894.
A. P. TALBOT,
Clerk of Councils.
No. and Year of Ordinance.
109
THE FIRST SCHEDULE.
Enactments Repealed.
Title of Ordinance.
Ordinance 4 of 1870
-
The Excise Ordinance, 1870
Ordinance 15 of 1871
Ordinance 6 of 1879
Ordinance 4 of 1884
Ordinance 21 of 1886
Ordinance 16 of 1890
·
-
The Excise Amendment Ordinance,
No. 2 of 1871.
The Excise Amendment Ordinance,
1879.
The Excise Amendment Ordinance,
1884.
Extent of Repeal.
So much as relates to opium, chandu, or
opium dross.
The whole,
Section one.
The whole except section 7.
The whole so far as it relates to opium,
chandu, or opium dross. The whole.
-
The Excise Ordinance, 1886
•
-
The Excise Ordinance Amendment
Ordinance, 1890.
THE SECOND SCHEDULE.
A. No. 1.
Farmer's Contract under Section 8 of “ The Opium Ordinance, 1894.’ This contract made the
"
18
day of
1
18
18 between 4.B, of &c. of the first part, C.D. of
&c. and E.F. of &c. of the second part, and the Queen's Most Excellent Majesty of the third part: Whereas the said A.B. has been declared to be the opium farmer of the Settlement of
for the term commencing on the day of
and ending on the
day of and the said C.D. and E.F. have agreed to become sureties [or certain real or personal estate has been assigned to Her said Majesty as security by way of mortgage under the provisions of "The Opium Ordinance, 1894," by a deed of even date herewith, and made between &c. or, the sum of
dollars has been lodged in the local treasury as a deposit] for the due fulfilment of this contract. This contract witnesseth that all the rights and privileges of opium farmer of the Settlement of under the provisions of "The Opium Ordinance, 1894," are hereby vested in the said for the aforcakid term And this contract also witnesseth that the
said A.B. and the said O.D. and E.F. (herein-after called the sureties) do hereby for themselves, their executors, administrators, and assigns, severally as well as jointly, and every two or more of them, covenant and agree with Her Majesty Queen Victoria, Her heirs and successors, in manner following, that is to say-
1. The said A.B. (herein-after called the opium farmer) will pay to the Colonial Treasurer for the time being without demand the sum of $ monthly, on the last
day of every month, commencing on the day of the month of and ending on the
day of the month of
18
18
as the rent of the
said opium farm, provided always that, if the last day of a month shall be a Sunday, or a public holiday, or a bank holiday, such payment shall be due and payable on the day immediately preceding such last day.
2. The opium farmer shall well and faithfully observe, perform, and fulfil the several provisions, conditions, and stipulations contained in the said Ordinance so far as they relate to the management of the said opium farm, or impose any duty or obligation on the opium farmer in as full and ample a manner as if the said provisions, conditions, and stipulations had been incorporated in this contract.
3. If the said rent or any part thereof be unpaid for the space of five days after any of the days on which the same ought to have been paid, the opium farmer will pay to the Colonial Treasury interest upon the said rent, or so much thereof as shall for the time being be unpaid, at the rate of 12 per cent. per annum, from the day on which the same ought to have been paid to the date of payment.
4. If the said rent or any part thereof be unpaid for the space of ten days after any of the days on which the same ought to have been paid, or in case of the breach of any of the provisions, conditions, and stipulations of the said Ordinance so far as they relate to the said opium farm or the opium farmer, then and in either of such cases it shall be lawful for the Governor of the Colony for the time being to determine and put an end
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