17. If any Opium is found, on search authorised under this Ordinance, to have been imported contrary to the provisions of this Ordinance, or to be missing from the place in which it 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 in whose name such Opium so missing shall have been so stored, shall be liable, on conviction, to a penalty not exceeding five Hundred Dollars for every chest of Opium which shall be found to have been so imported, or to be so missing.
18. If the Raw Opium Farmer or any licensee shall neglect or refuse, or shall without sufficient cause unreasonably delay to do any of the acts or things hereinbefore provided and required to be done by him, he shall be liable to a penalty for each such offence not exceeding five Hundred Dollars.
False Returns and Statements.
19. Every person who shall under the provisions of this Ordinance make any application, or supply any Particulars, Return, or Account, or other written Statement required by this Ordinance to be made or supplied, shall sign the same himself, unless he be absent from the Colony or unable, from sickness, to attend to business, in which case, the same may be signed by his Agents for him; and if any such application, particulars, Return, Account, or other Statement shall be false or incorrect, either in whole, or in part, to the knowledge of the person so making or supplying the same, whether the same be signed by himself or by his Agents, such person shall, in every case not otherwise provided for by this Ordinance, be liable, on conviction, to a penalty not exceeding One Thousand Dollars for the first offence, and Two Thousand for every subsequent offence; and such Agent shall also, and in like manner, if offending, be liable to penalties of the like amount.
Arrest and Search.
20. Any Justice of the Peace may, by his warrant, directed to any Police Officer, not under the rank of a Sergeant, empower him by day or by night to enter and search any dwelling house, shop, or other building or place, or any ship but being a man-of-war or ship having such status lying or being within the waters of the Colony, in any case in which it shall appear to such Justice of the Peace, upon the oath of any person that there is good and sufficient cause to believe that in any such dwelling house, shop, or other building or place, or on board any such ship is concealed or deposited any Opium subject to forfeiture under this Ordinance, or as to which an offence has been committed against any of the provisions of this Ordinance, and to take possession of any such Opium found to be concealed, or deposited therein, and of the ship in which the same may be found, and to arrest and take any person, or persons being in such dwelling house, shop, or other building, or place, or on board any such ship, in whose possession, custody, or control, any such Opium may be found, or whom the said officer may have good and sufficient reason to suspect to have concealed or deposited therein or thereabouts any such Opium, 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, shop, or other building, or 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 until the said place 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.
Excise Officers.
21. The Governor may, for the purposes of this Ordinance, appoint in form of Schedule G such agents or servants of the Raw Opium Farmer as may be approved by him to act as Excise Officers under this Ordinance and no persons but those so appointed shall be competent to act as Excise Officers under this Ordinance. Such appointments may be at any time withdrawn by the Governor and any person without lawful authority assuming to act as an Excise Officer under this Ordinance shall be liable to a penalty not exceeding one hundred dollars.
The name and place of residence of every Excise Officer shall be posted at a conspicuous place at the Police Court,
Search for offences.
Penalty.
Penalty on Farmer.
Penalty for giving false particulars.
Search Warrant may be issued by Justices of the Peace.
Without warrant on oath that there is good cause.
Opium may take possession of Opium found.
Power to break open doors.
Sunday Retail persons.
Excise Officers Appointment.
Residence of
278
17. If any Opion is found, on search authorised under this Ordinance, to have been imported contrary to the pro- visions of this Ordinance, or to be missing from the place in which it 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 in whose name such Opium so missing shall have been so stored, shall be liable, on conviction, to a penalty not exceeding five Hundred Dollars for every chest of Opium which shall be found to have been so in- ported, or to be so missing.
18. If the Raw Opium Farmer or any licensee shall neglect or refuse, or shall without sufficient conse unreasonably delay to do any of the acts or things hereinbefore provided and required to be done by him he shall be liable to a penalty for each such offence not exceeding five Hundred Dollars."
False Returns and Statements.
19. Every person who shall under the provisions of this Ordinance make any application, or supply any Particulars, Return, or Account, or other written Statement required by this Ordinance to be made or supplied, shall sign the same himself, unless he be absent from the Colony or anable, from sickness, to attend to business, in which case, the same may be signed by his Agents for him; and if any such application, particulars, Return, Account, other Statement shall be false or incorrect, either in whole, or in part, to the knowledge of the person so making or supplying the same, whether the same be sigued by himself or by bis Agents, such person shall, in every case not otherwise provided for by this Ordinance, be liable, on conviction, to a penalty not exceeding One Thousand Dollars for the first offence, and Two Thousand for every subsequent offence; and such Agent shall also, and in like manner, if offending be liable to peunlties of the like
amount.
Arrest and Search.
20. Any Justice of the Peace may, by his warrant, directed to any Police Officer, not under the rank of a Ser- geant, empower him by day or by night to enter and scarch any dwelling house shop, or other building or place, or any ship but being a man-of-war or ship having such status lying or being within the waters of the Colony, in any case in which it shall appear to such Justice of the Peace, upon the oath of any person that there is good and sufficient cause to believe that in any such dwelling house, shop, or other building or place, or on board any such ship is con- cealed or deposited any Opium subject to forfeiture under this Ordinance, or as to which an offence has been com- mitted against any of the provisions of this Ordinance, and to take possession of any such Opium found to be concealed, or deposited therein, and of the ship in which the same may be found, and to arrest and take any person, or persofts being in such dwelling house, shop, or other building, or place, or on board any such ship, in whose possession, custody, or control, any such Opium may be found, or whom the said offer may have good and sufficient reason to suspect to have concealed or deposited therein or there- abouts any such Opinm, 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, shop, or other building, or 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 until the said place 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 ou a Sua- duy, as well as on any other day.
Excise Officers.
21. The Governor may, for the purposes of this Ordi- nance, appoint in form of Schedule G such agents or servants of the Raw Opium Farmer as may be approved by him to act as Excise Officers under this Ordinance and no persons but those so appointed shall be competent to act as Excise Officers under this Ordinance. Such appointments may be at any time withdrawn by the Governor and any person without lawful authority assuming to act as an Ex- eise Officer under this Ordinance shall be liable to a penalty not exceeding one hundred dollars.
The name and place of residence of every Excise Officer shall be posted at a conspicuous place at the Police Court,
Search for usficiences.
Penalty.
Penalty on Farmer.
Penalty for
g ring folke particulars.
Search War rant may be ined by
Justics of the PERLE.
Wilou naitafað on oath the there is good Cate
Odies may take pokang- xion of srdcies found.
Power to 'break open
dourt.
iday Retai
persons.
Sunday..
Exriae Officers
*ppointment
Residence of
278
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