1912_OPIUM_ORDINANCE__1909 — Page 5

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OPIUM.

No. 23 of 1909.

1817

(3) It shall not be lawful to purchase, sell, or barter quantities less than one ball of Bengal raw opium or 3 catties of Malwa, Persian, or Turkish raw opium in the Colony.

5. It shall be the duty of the holder of a licence granted under section 4 to attach to all parcels of loose opium sold by him a certificate in form 1 in schedule A.

Sale certificate to be granted by licensee.

loose opium.

6. No person, except the opium farmer or a licensee under section 4, shall have in his possession or under his custody or control any loose opium without a certificate of purchase from a licensee, unless he can show, to the satisfaction of a Magistrate,

(a) that the said loose opium is covered by a certificate of one of the licensees; and

(b) that he has received it under an official export permit under section 10:

Provided always that it shall be in the absolute discretion of the Superintendent to grant or withhold the same, and that this section shall not apply to samples not exceeding 2 taels covered by a certificate of the importer, which certificate shall be countersigned by the opium farmer.

7. It shall be the duty of every licensee under section 4 to keep a register of the particulars of purchase and sale, in such form as the Governor may order.

Keeping of register by licensee.

*

$

8.-(1) Every person who offends against the provisions of sections 3, 4 or 6 shall, on summary conviction, be liable to a fine not exceeding 1,000 dollars together with the forfeiture of the raw opium, or the Magistrate may order a period of imprisonment, in lieu of a portion of the penalty, provided the whole imprisonment does not exceed 6 months.

(2) Notwithstanding the penalty for the breach of conditions to which a licensee under section 4 is subject, it shall be lawful for a Magistrate to impose on such licensee a fine not exceeding 500 dollars for a breach of any such conditions in case it may not be deemed advisable to proceed for the full penalty under the licensee's bond.

* As amended by No. 50 of 1911 and No. 12 of 1912.

§ As amended by No. 12 of 1912 and No. 13 of 1912.

§ As amended by No. 30 of 1911, No. 12 of 1912, No. 13 of 1912 and No. 21 of 1912.

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OPIUM. No. 23 of 1909. 1817 (3) It shall not be lawful to purchase, sell, or barter quantities less than one ball of Bengal raw opium or 3 catties of Malwa, Persian, or Turkish raw opium in the Colony. 5. It shall be the duty of the holder of a licence granted under section 4 to attach to all parcels of loose opium sold by him a certificate in form 1 in schedule A. Sale certificate to be granted by licensee. loose opium. 6. No person, except the opium farmer or a licensee under section 4, shall have in his possession or under his custody or control any loose opium without a certificate of purchase from a licensee, unless he can show, to the satisfaction of a Magistrate, (a) that the said loose opium is covered by a certificate of one of the licensees; and (b) that he has received it under an official export permit under section 10: Provided always that it shall be in the absolute discretion of the Superintendent to grant or withhold the same, and that this section shall not apply to samples not exceeding 2 taels covered by a certificate of the importer, which certificate shall be countersigned by the opium farmer. 7. It shall be the duty of every licensee under section 4 to keep a register of the particulars of purchase and sale, in such form as the Governor may order. Keeping of register by licensee. * $ 8.-(1) Every person who offends against the provisions of sections 3, 4 or 6 shall, on summary conviction, be liable to a fine not exceeding 1,000 dollars together with the forfeiture of the raw opium, or the Magistrate may order a period of imprisonment, in lieu of a portion of the penalty, provided the whole imprisonment does not exceed 6 months. (2) Notwithstanding the penalty for the breach of conditions to which a licensee under section 4 is subject, it shall be lawful for a Magistrate to impose on such licensee a fine not exceeding 500 dollars for a breach of any such conditions in case it may not be deemed advisable to proceed for the full penalty under the licensee's bond. * As amended by No. 50 of 1911 and No. 12 of 1912. § As amended by No. 12 of 1912 and No. 13 of 1912. § As amended by No. 30 of 1911, No. 12 of 1912, No. 13 of 1912 and No. 21 of 1912. Page 5 Page 6
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OPIUM. No. 23 of 1909. 1817 (3) It shall not be lawful to purchase, sell, or barter quantities less than one ball of Bengal raw opium or 3 catties of Malwa, Persian, or Turkish raw opium in the Colony. 5. It shall be the duty of the holder of a licence granted under section 4 to attach to all parcels of loose opium sold by him a certi- ficate in form 1 in schedule A. Sale certi- ficate to be granted by licensee. loose opium. 6. No person, except the opium farmer or a licensce under section Possession of 4, shall have in his possession or under his custody or control any loose opium without a certificate of purchase from a licensee, unless he can show, to the satisfaction of a Magistrate,- (a) that the said loose opium is covered by a certificate of one of the licensees; and (b) that he has received it under an official export permit under section 10: Provided always that it shall be in the absolute discretion of the Superintendent to grant or withhold the same, and that this section shall not apply to samples not exceeding 2 taels covered by a certi- ficate of the importer, which certificate shall be countersigned by the opium farmer. 7. It shall be the duty of every licensee under section 4 to keep a register of the particulars of purchase and sale, in such form as the Governor may order. Keeping of gister by licensee. * $ 8.-(1) Every person who offends against the provisions of sec- Penalties. tions 3, 4 or 6 shall, on summary conviction, be liable to a fine not exceeding 1,000 dollars together with the forfeiture of the raw opium, or the Magistrate may order a period of imprisonment, in lieu of a portion of the penalty, provided the whole imprisonment does not exceed 6 months. (2) Notwithstanding the penalty for the breach of conditions to which a licensee under section 4 is subject, it shall be lawful for a Magistrate to impose on such licensee a fine not exceeding 500 dollars for a breach of any such conditions in case it may not be deemed advisable to proceed for the full penalty under the licensee's bond. * As amended by No. 50 of 1911 aud No. 12 of 1912. As amended by No. 12 of 1912 and No. 13 of 1912. § As amended by No. 30 of 1911, No. 12 of 1912, No. 13 of 1912 and No. 21 of 1912. Page 5Page 6
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OPIUM.

No. 23 of 1909.

1817

(3) It shall not be lawful to purchase, sell, or barter quantities less than one ball of Bengal raw opium or 3 catties of Malwa, Persian, or Turkish raw opium in the Colony.

5. It shall be the duty of the holder of a licence granted under section 4 to attach to all parcels of loose opium sold by him a certi- ficate in form 1 in schedule A.

Sale certi-

ficate to be granted by licensee.

loose opium.

6. No person, except the opium farmer or a licensce under section Possession of 4, shall have in his possession or under his custody or control any loose opium without a certificate of purchase from a licensee, unless he can show, to the satisfaction of a Magistrate,-

(a) that the said loose opium is covered by a certificate of one of the licensees; and

(b) that he has received it under an official export permit under section 10:

Provided always that it shall be in the absolute discretion of the Superintendent to grant or withhold the same, and that this section shall not apply to samples not exceeding 2 taels covered by a certi- ficate of the importer, which certificate shall be countersigned by the opium farmer.

7. It shall be the duty of every licensee under section 4 to keep a register of the particulars of purchase and sale, in such form as the Governor may order.

Keeping of gister by

licensee.

*

$

8.-(1) Every person who offends against the provisions of sec- Penalties. tions 3, 4 or 6 shall, on summary conviction, be liable to a fine not exceeding 1,000 dollars together with the forfeiture of the raw opium, or the Magistrate may order a period of imprisonment, in lieu of a portion of the penalty, provided the whole imprisonment does not exceed 6 months.

(2) Notwithstanding the penalty for the breach of conditions to which a licensee under section 4 is subject, it shall be lawful for a Magistrate to impose on such licensee a fine not exceeding 500 dollars for a breach of any such conditions in case it may not be deemed advisable to proceed for the full penalty under the licensee's bond.

* As amended by No. 50 of 1911 aud No. 12 of 1912.

As amended by No. 12 of 1912 and No. 13 of 1912.

§ As amended by No. 30 of 1911, No. 12 of 1912, No. 13 of 1912

and No. 21 of 1912.

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