(1 of M. 3.)
(17 DE 80, 2)
Excise (heur. (1 0084, 50)
ORDINANCE No. 21 of 1891.
Prepared Opium.
When there is no opium farmer, or no dross farmer, or no divan farmer, this Ordinance shall be read as if the Governor in Council or any person licensed for the purpose by the Governor in Council were expressly named instead of the opium farmer, or as if the Colonial Secretary, or any person licensed for the purpose by the Colonial Secretary were expressly named instead of the dross farmer or the divan farmer, or either of them. And payment or delivery to the Treasurer, for the use of the public revenue, or to an Excise Officer for the same purpose shall in all such cases be taken to be payment or delivery to such farmer under this Ordinance.
Implement. Any vessel, utensil, instrument, or other thing which has been used or which is probably intended to be used for containing prepared opium or for preparing, or aiding in preparing any opium, or for smoking opium.
(1) Opium—Shall include dross and dross opium.
(2) Prepared Opium—Shall, so far as relates to the infringement of the opium farmer's privilege of preparing opium within the Colony, mean opium which has been subjected to any degree of artificial heat for any purpose whatever, and shall include dross opium whenever such a construction is consistent with the context.
(3) Dross—Shall mean the refuse produced by smoking opium, and Dross Opium shall mean opium prepared wholly or chiefly from such refuse.
Possession. Any opium, implement or other thing shall, for the purposes of this Ordinance, be deemed to be in the possession of any person if he has such opium, implement or thing in possession, custody, or control, by himself or by any other person.
Preparation—The subjecting of opium of any kind to any degree of artificial heat, for any purpose whatever, shall be taken to be the preparing of such opium.
Ship. Any steam or sailing vessel, junk, boat, sampan, or any kind of craft used for the conveyance of persons or things by water, or which may be so used.
Summary Conviction.—Conviction before a Police Magistrate of the Colony.
Excise Officers.
3. All existing Excise Officers appointed under the Ordinances hereby repealed shall be continued under this Ordinance, and the Governor may, from time to time, appoint in the form of Schedule 4 such other agents or servants of the opium farmer or other persons as may be approved of by him to act as Excise Officers under this Ordinance. Any such appointments may at any time be withdrawn by the Governor.
4. Any person assuming without lawful authority to act as an Excise Officer shall be liable on summary conviction to a penalty not exceeding one hundred dollars or in default to be imprisoned with or without hard labour for a period not exceeding three months.
5. The name and address of every Excise Officer shall be posted in a conspicuous place at the Police Court.
6. Every Excise Officer shall be supplied with a badge bearing such sign or mark of office as may be directed by the Governor, and when acting against any person under this Ordinance, every such Excise Officer shall declare his office, and produce to the person against whom he acts his said badge.
7. Every Police officer when acting under this Ordinance, if not in uniform, shall declare his office, and produce to the person against whom he acts such badge as the Captain Superintendent of Police may direct Police officers to carry when on secret or special service.
8. Any Excise Officer who shall take any bribe, shall be liable on summary conviction to a penalty not exceeding two hundred dollars or to imprisonment for a term not exceeding six months with or without hard labour, and any Excise Officer who shall not, on ceasing to be an Excise Officer, return to the Opium Farmer his uniform or accoutrements, badge or licence, shall on summary conviction be liable to a penalty not exceeding one hundred dollars.
9. (1) No person except the opium farmer, his licensees, and persons duly authorised by him in writing shall bring into the Colony, or have in his possession within the same any prepared opium not being dross opium without having a valid certificate under section 12.
(2) No person shall bring into the Colony or have in his possession within the same, any dross opium without the knowledge and consent of the dross farmer.
(3) No person except a dross farmer or a duly licensed person under this Ordinance shall, within the Colony, collect dross or have in his possession without the knowledge and consent of the dross farmer or his licensees any dross except such as may be the result of his own smoking or of the smoking of opium on his own premises (the burden of proof whereof shall lie upon such person), and such dross shall in no case exceed two taels in weight; provided that when any person has in his possession any such dross in ...
+
(1 of M. 3.)
(17 DE 80, 2)
Excise (heur. (1 0084, 50
ORDINANCE No. 21 or 1891.
Prepared Opium.
When there is no opium farmer, or no dross farmer, or no divaa farmer, this Ordinance shall be read as if the Governor in Connell or any person licensed for the propose by the Governor in Commeil were expressly named instead of the opiam farmer, or as if the Colonial Secretary, or any person licensed for the purpose by the Colonial Secretary were expressly named instead of the dress farmer or the divan farmer, or either of them. Aud payment or delivery to the Treasurer, for the use of the public revenue, or to an Excise Officer for the sanno purpose shall in all such cases be taken to be payment or delivery to such farmer under this Ordi-
nance.
Implement. Any vessel, uteusil, instrument, or other thing which has been used or which is probably intended to be used for containing prepared opium or for preparing, or aiding in preparing any opium, or for smoking opium.
(1) Opion--Shall include dross and dross opium.
(2) Prepared Opium-Shall, so far as relates to the infringement of the opium farmer's privilege of preparing opium within the Colony, mean opium which has been subjected to any degree of artificial heat for any purpose whatever, and shali inetude dross opim whenever such a constraction is con- sistent with the context.
(3.) Dross-Shall mean the refuse produced by smoking opium, and Dross Opium shall mean opium prepared wholly or ebiefly from such refuse. Possession. Any opium, implement or other thing shall, for the purposes of this Ordinance, be deemed to be in the possession of any person if he has such opium, 'implement or thing in possession, custody, or control, by himself or by any other
person.
Preparation-The subjecting of opium of any kind to any degree of artificial beat, for any purpose whatever, shall be taken to be the preparing of sneh opin,
Ship. Any steam or sailing vessel, junk, bout, sam- pan, or any kind of craft used for the conveyance of persons or things by water, or which may be su used.
Summary Conviction.—Couviction before a Police
Magistrate of the Colony,
Excise Officers.
3. All existing Excise Officers appointed under the Ordinances hereby repealed shall he continued under this Ordinance, and the Governor may, from time to time, appoint in the form of Schedule 4 such other agents or servants
#
A
ORDINANCE No. 21 or 1891.
Prepared Opium.
of the opium farmer or other persons as may be approved of by him to act as Excise Officers under this Ordinance. Any such appointments may at any time bo withdrawn by the Governor.
4. Any person assuming without lawful authority to act as an Excise Officer shall be liable on summary con- viction to a penalty not exceeding one hundred dollars or in default to be imprisoned with or without laard labour for
a period not exceeding three months,
5. The unose and address of every Excise Officer shall
be posted in a conspicuous place at the Police Court.
6. Every Excise Officer shall be supplied with a badge bearing such sign or mark of office as may be directed by the Governor, and when acting against any person muder this Ordinance, every such Excise Officer shall declare bis office, and produce to the person against whom he acts his said budge.
7. Every Police officer when acting under this Ordinance, if not in miform, shall declare his office, and produce to the person against whom he acts such badge as the Captain Superintendent of Police may direct Police officers to carry when on secret or special service.
8. Any Excise Officer who shall take any bribo, shall be liable on summary conviction to a penalty not exceeding two hundred dollars or to imprisonment for a terni not exceeding six mouths with or without hard labour, and any Excise Officer who shall not, on ceasing to be an Excise Officer, return to the Opinu Farmer his inuiform or accou- trements, badge or licence, shull on summary conviction be Hiable to a penalty not exceeding one hundred dollars.
9. (1) No person except the opinn farmer, his li- consces, and persons duly authorised by him in writing shall bring into the Colony, or have in bis possession within the same any prepared opium not being dross opium without having a valid certificare under section 12.
(2.) No person shall bring into the Colony or have in his possession within the same, any dross opium without the knowledge and consent of the dross farmer.
(3.) No person except a drosa farmer or a duly licensed person under this Ordinance shall, with the Colony, collect dross or have in his possession without the knowledge and consent of the dross farmer or his licensees any dross except such as may be the result of his own smoking or of the smoking of opinm ou his own premises (the burden of proof whereof shall lie upon such person), and such drogs shall in no case exceed two taels in weight; provided that when any person has in his possession any such dross in
Ferrouting Excise Gelders. (4, 5)
Addresses &.
of Excise 1fficers. (16%) Zadges.
(31,7.)
Walibition of huige by Police. (Di 81, 7.
fucking
Notes fo
Impers and possession of aydum.
(of M, %)
499
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