1890_EXCISE_ORDINANCE_(OPIUM)__1858-1879 — Page 4

ORDINANCE No. 1 of 1879.

Excise (Opium.)

9. Whenever from any other cause there is reasonable ground to believe that boiled or prepared opium is manufactured by any unauthorised person or in any unauthorised place within this Colony, it shall be lawful for a police or excise officer to seize any raw opium found in the possession of such unauthorised person or in such unauthorised place.

10. Any Justice of the Peace may issue a search warrant under section 9 of the said recited Ordinance, and such search warrant may be executed by any police or excise officer, and the person executing any such search warrant may seize and hold any utensils or vessels which have been used or which are manifestly intended to be used in boiling or preparing opium, and in any case where boiled or prepared opium is found under the circumstances mentioned in the said section of the said recited Ordinance, or any such utensils or vessels as last aforesaid are found, may also seize any raw opium found in the possession of any person having such boiled or prepared opium, utensils, or vessels, or in any such tenement, place, or vessel as is mentioned in the said section.

11. The Governor may, for the purposes of this Ordinance, grant his warrant in form of schedule (B) to such agents or servants of the holder of the exclusive privilege for the time being as may be approved of by him to act as excise officers: [amended by Ordinance No. 4 of 1883] and no persons except those so appointed shall be competent to act as excise officers under this and the said recited Ordinance. Such warrants may at any time be withdrawn by the Governor, and any person without lawful authority assuming to act as an excise officer under this Ordinance shall be liable to a penalty not exceeding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.

12. The names and places of residence of every excise officer so appointed as aforesaid shall be posted in a conspicuous place at the Police Court.

13. Every excise officer appointed under this Ordinance shall be supplied [at the expense of the holder of the exclusive privilege for the time being: repealed by Ordinance No. 4 of 1883] with a badge bearing such sign or mark of office as may be directed by the Governor, and before acting against any person under the provisions of this Ordinance, every such excise officer shall declare his office and produce to the person against whom he is about to act his said badge. Every Police officer acting under the provision of this or the said recited Ordinance, if not in the uniform proper to his Service, shall in like manner declare his office and produce to the person against whom he is about to act such part of his public equipment as the Captain Superintendent of Police shall have directed or may direct to be carried by Police officers when employed on secret or special service.

14. All penalties under the said recited Ordinance or under this Ordinance may be recovered in a summary way before any Magistrate.

15. In case any boiled or prepared opium or utensils or vessels used for preparing the same are found without being apparently in the possession of any one, it shall be lawful for the Magistrate to cause a notice to be affixed at the place where any such article may be found, calling upon the owner thereof to claim the same, and in case no

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Officer may seize raw opium under special circumstances.

Seizure under search warrant.

Excise officer. Warrant of appointment.

Excise officers' names to be posted at Police Court.

Excise officers to be supplied with badges.

Police officer to produce part of his public equipment when acting as excise officer.

Penalties to be recovered summarily.

Proceedings in case of prepared opium, &c., found without being apparently in possession of any one.