CO129-184 - Governor Hennessy - 1879 [1-5] — Page 457

Strong xong

20

ڈالی جواب

23rd May, 1879.

Governor

John Pope Bennepy,

to

C.MM. G.

The Right Honorable

Sir Michael Hicks Beach

Bc. M. P.

Adnance

Travmitting Oihuauce

No 1 of 1879 " for licensing "and regulating the sale "of prepared Opinen.".

(2 huclosures)

Objects and Reasons.

The principal objects of this Ordinance are to impose some check on the outgoing opium farmer to prevent him from manufacturing or disposing at or near the end of his term excessive quantities of boiled or prepared opium to the detriment of the new opium farmer and of the revenue, and to give to the opium farmer increased facilities for his protection from competition by unauthorised persons.

Section 1 defines "Excise Officer" and "possession." Section 2 provides that no opium farmer or his licensee shall dispose of prepared opium at or near the end of his term or at any other time authorising the use of such pre- pared opium after 12 o'clock of the 3rd day after the com- mencement of the term of the succeeding farmer.

Section 3 provides that public notice shall be given by the outgoing farmer previous to the cessation of the term for which he holds the exclusive privilege of boiling and preparing opium and selling and retailing the same and that no boiled or prepared opium may be lawfully used after the date mentioned in such notice without the consent of the incoming farmer.

Section 4 provides that the outgoing farmer shall hand over his stocks of opium to the incoming farmer at current prices.

Section 5 provides that the opium farmer shall not at or near the end of his term manufacture more than the usual quantity of opium nor sell prepared opium at less than current price or in larger quantities than usual at the time of year, nor sell, export, &c., any of his stock of prepared opinm, but make over to the new farmer all his stock at marketable value and in the event of differences arising between the outgoing and incoming farmer in respect of this or the 3rd section provides for a reference to arbitration. Section 6 amends section 8 of Ordinance 2 of 1858, and is intended to make it clear that no person is permitted to use prepared opium purchased from à farmer whose privi- lege has expired. A proviso is introduced for the per- mitting small quantities to be used purchased from the old farmer or his licensees for a limited period after the com- mencement of the new farmer's term.

Section 7 permits the seizure by an Excise or Police Officer of prepared opium found in the possession of un- authorised persons or in unauthorised places and also of utensils and vessels used or manifestly intended to be used for boiling or preparing opium.

Section 8 provides that where prepared opium is found in the possession of any unauthorised person or in any unauthorised place and utensils or vessels for boiling or preparing opium are also found in the possession of such

pos person or in such place any raw opium found in the session of such person or in such place may be also seized by an Excise or Police Officer.

Section 9 provides generally that where there is reason- able ground to believe that opium is boiled or prepared by any unauthorised person or in any unauthorised place any raw opium found in the possession of such person or in such place may bo seized by an Excise or Police Officer,

Section 10 enables a Justice of the Peace to issue a Search Warrant as well as a Magistrate to any Police or Excise Officer and authorises the person executing the warrant in addition to seizing boiled or prepared opium as provided by Ordinance 2 of 1858 section 9 to seize utensils or vessels for boiling or preparing opium and also where such utensils or vessels are found to seize any raw opium that may be found in the possession of any person having such prepared opium or utensils, &c., or as may be found in any such place. Section 11 authorises the Governor to appoint Excise Officers on the nomination of the opium farmer.

Section 12 provides that the names and places of resi- dence of Excise Officers shall be posted conspicuously at the Police Court,

Section 13 enacts that Excise Officers shall be provided with badges which are to be produced when they are about Police Officers when to act as such Excise Officers. acting as Excise Officers are also to produce some part of their public equipment.

Section 14 removes any doubt existing at present by providing that penalties may be recovered summarily before à Magistrate.

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