33630-1913-Supplementary-Bills-read-a-first-time--Opium — Page 9

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Search of dwelling house, shop or place without warrant by European

revenue officer for opium illegally therein in cases of

urgency.

Liability of master, owner, or agent of

ship landing smuggled opium.

Presumption

556

(b.) forcibly enter such ship and every part thereof; (c) remove by force any obstruction to such entry, search, seizure and removal as he is empowered to effect;

(d.) detain every person found in such place or on board such ship until such place or ship has been searched;

(e.) seize and detain any such opium or implements

found in such place or ship; and

(f) seize and detain any such opium or implements found in the possession of any of the persons, against whom his warrant has been issued, in any place whatever within the Colony.

45. Whenever it appears to any European revenue officer that there is reasonable cause to believe that in any dwelling house, shop, or other building or place, there is concealed or deposited any opium subject to forfeiture or as to which an offence has been committed or is about to be committed against his Ordinance and he shall have reasonable ground for believing that by reason of the delay in obtaining a search warrant the opium is likely to be removed, the said officer in virtue of his office may exercise iu, upon and in respect of such dwelling house, shop or other building or place all the powers in the last preceding section mentioned in as full and ample a manner as if he were empowered to do so by warrant issued under the said section.

46. (1.) If any ship is used for the importation, land- ing, removal, carriage, or conveyance or for the exportation of any opium in contravention of this Ordinance, the master, owners, or agents thereof shall be liable to a fine not exceeding 5,000 dollars.

(2.) An amount of any such opium found on board any of smuggling such ship and exceeding,— in certain

cases,

Opium not on ship's manifest.

be seized may by master;

and will be forfeited.

Compensa→ tion for un- successful

search (with- out warrant to be paid by Superin-

tendent.

(a.) in the case of any steamship of 60 tons burden

and upwards, 50 taels in weight; or,

(b.) in the case of any steamship under 60 tons

burden, 25 taels in weight; or,

(c.) in the case of any other ship, 10 taels in

weight,

shall be deemed evidence of the unlawful use of such ship, unless it is proved, to the satisfaction of the Magistrate, that every reasonable precaution had been taken to prevent the unlawful use of such ship, and that none of the officers or their servants or any of the crew of such ship were implicated therein.

47.-(1.) No person shall bring or have in his poss-. ession on board any ship any opium, other than prepared opium or dross opium not exceeding the quantity specified' in section 33, unless the same is entered on the manifest of the ship.

(2.) The master of such ship may seize any such opium as aforesaid found on board his ship which is not entered on the manifest, and may retain the same in his possession until he can deliver it to the police.

(3.) Notwithstanding anything in this Ordinance, all such opium as aforesaid found on board any such ship which is not entered on the manifest shall be forfeited.

48. If any search made without warrant under this Ordinance be unsuccessful and there be no reason to suppose that any opium liable to forfeiture under this Ordinance has been thrown away or otherwise disposed of in order to avoid detection, the Superintendent shall cause to be repacked any goods unpacked during such search, and shall make good any damage caused thereby. In the event of any dispute as to the amount of any damages so caused the same shall in every case be ascertained by the Superintendent or by some person nominated by him for that purpose.

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