Eule of law for prin facie evid.
ence.
Forfeiture of ships used in smuggling.
Presumption
of law.
Proceedings
to be taken.
Governor
may release
forfeited ship.
Export of opium less than one chest.
Permit not to
4
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 any chandu alleged to be part of the sea-stores of such ship is too great for use as sca-stores he shall be at liberty to take proceedings under this Proclamation.
of
(2)-Any person offending against or not complying with any the provisions of this or the preceding section shall be liable to a fine not exceeding two hundred dollars.
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 chanda is found in any ship at any District one hour after the anchor- ing mooring or staying of the ship within such District without a requi- sition having been delivered to the Office of Imports and Exports or to a Police Station as hereinbefore provided or that the chanda on board of the ship on her arrival in the District where the proceeding is taken and alleged to be part of the sen-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 such facts shall be taken as prima facie evidence from which the Magistrate may infer that the same was unlawfully imported.
13. Any ship which shall be used for the importation land- ing removal carriage or conveyance of any chandu contrary to the pro- visions of this Proclamation shall be forfeited and may be seized and de- tained by the Chief Police Officer until adjudicated on according to law.
(2)-A ship on board of which chandu is found contrary to the provisions of this Proclamation 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 of the Finance Commissioner.
(1)-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 secu- rity 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 than one chiest shall de- liver 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 speci- ied 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 fifteen 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 canse the said opium to be delivered to the person who is to export the same and shall grant to such person a perinit in form in the same Schedule.
15. ()-No perauit for the exportation of opium in less quantity be granted till than one chest or for the exportation of chandu imported under section ship is ready eleven shall be granted till the ship in which the same is intended to
be exported shall be ready to proceed to sea.
for sea.
Receipt to be procured
from ship.
(2)-Every person who shall receive such permit shall upon re- reiving the same within the time named therein cause such opium or chanda to be conveyed to anul placed on board of the vessel mentioned in such permit and shall procure and deliver to the Farmer a receipt for the same or in case the vessel shall not receive such opium or chaudu 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.
5
delaye
(3)-If the departure of such ship be delayed beyond one day the If departure person who shall have received such permit shall give notice of the f Same at the Office of Imports and Exports and if the ship does not finally proceed on the voyage the opium or chandu shall forthwith be relanded 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 hereinbefore provided it shall be unlawful to reland any opium or chandu shipped.
16. Every permit shall before being used or acted upon be pre- Permit to be sented at the Farm Office and thereupon the Farmer or his Agent shall couersign- forthwith countersign the same provided always that if the Farner or
ed by Farmer. bis Agent be of opinion that the quantity of opium proposed to be ex- ported 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 Finance Connaissioner requiring him to sign such pernit.
17. No fees shall be charged for any peruit required by this Permit ex- Proclamation to be granted by the Officer of Imports and Exports or empt fran for the signature thereto of the Farmer or his Agent.
fees.
18. No person except the Farmer shall sell or offer for sale and Buying or no person shall buy except from the Farmer or shall have in or receive selling opium into his possession custody or control except in accordance with the less than one provisions of this Proclamation opium in any quantity less than one fat
chest
chest unlaw-
chandu.
19. No person except the Farmer shall make or prepare chandu Unlawfully or shall sell or offer for sale or permit to be sold or offered for sale or preparing and shall buy or have in or receive into his possession custody or control dealing with any chania other than such as shall have been purchased from the Farmer of the then current year or from an Opinn Far shop-keeper of the District of the then current year (the onus of proof of which purchase shall rest upon such person). Provided always that no per- son who may have bought any chandu from the out-going Fariner or from an Opium Farm shop-keeper under the out-going Farmer shall be liable to be convicted for having in his possession such chandu not exceeding three tahils weight at any time before noou ou the third day after the commencement of the new Farmer's privileges and provided also that nothing herein contained shall make it an offence for any per sou to have in his possession any opium dross produced by him from lawfully purchased chandu.
certificate
20. Every person selling chaudu under this Proclamation shall Chandu gell- if so required by the purchaser deliver therewith a certificate setting ers to give out the full name and place of residence quantity of chandu sold the if required. description of vessel in which the same is placed the hour and day of sale and the place to which the same is to be removed for consumption aud any person retusing 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 twenty-five dollars.
of chandu.
21. Every person who shall aid abet procure or be interested or Penalties for concerned in or knowingly derive any profit from the importation of abetment of any chandu contrary to the provisions of this Proclamation shall be importation liable for the first offence to a fine not exceeding one thousand dollars or to imprisonment of either description for any period not exceeding three months or to both fine and imprisonment and for the second off- ence to a fine not exceeding three thousand dollars or to imprisonment of either description for any period not exceeding six months or to both fine and imprisonment and for every subsequent offence to a fine nor exceeding five thousand dollars or to imprisonment of either descrip- tion for any period not exceeding twelve months or to both fine and imprisonment.
415
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