Drug Abuse

APPENDIX G. LAWS, ORDINANCES AND REGULATIONS PERTAINING TO OPIUM.

JAPAN.

AN EPITOME OF THE LAWS OF THE EMPIRE OF JAPAN PERTAINING TO THE MANUFACTURE, HANDLING AND SELLING OF OPIUM AND TO THE TRAFFIC THEREIN.
(Law No. zy. Dated March 3o, 3oth year of Meiji-1897.)

ARTICLE 1.
Any person (concern or corporation) who desires, or purposes, to prepare, or to manu- facture, opium, shall first obtain permission from the proper district authority.

ARTICLE 2.
A person (concern or corporation) who prepares, or manufactures, opium, shall deliver to the government on the twentieth (20) day of December of each year all the opium manufactured or prepared by him. The government shall cause to be examined the aforesaid opium and shall purchase and pay a certain compensation for the opium which contains the percentage of morphia fixed by law, but shall destroy, by burning, any opium differing from the fixed standard.

ARTICLE 3.
The government shall then seal the accepted opium in proper receptacles, and shall sell it for use as medicine only.
It is unlawful for any person (concern or corporation) to traffic in, sell, transport, transfer, on or have in possession, any opium other than that sealed and sold, as above stated, by the government.

ARTICLE 4.
The Minister of Home Affairs shall give notice of the percentage of morphia (morphia-content) of the opium for which payment is to be made under Article Two (2); and of the amount of payment and of the value of the opium to be sold under Article Three (3).
If the percentage of morphia (morphia-content) is to be increased or the amount of compensation is to be diminished, notice to that effect must be given within one (1) year.

ARTICLE 5.
Opium may be sold to a limited number of wholesale dealers whom the proper chief district authority appoints at his discretion from among the apothecaries and druggists within the sphere of his jurisdiction.

ARTICLE 6.
If a physician or a dealer in medicines (pharmacist) requires any opium, he shall purchase it from the wholesale dealers (Article 5) on a written order or request, this document to be signed and sealed by the physician or pharmacist, and to state the quantity of opium desired, the date, the resiaence, the name and the family name of the purchaser.
A physician or pharmacist may purchase opium from apothecaries or druggists; or any apothecary or a druggist may purchase opium from one another; and in such cases the aforementioned order or request shall be necessary.

ARTICLE 7.
Opium is not permitted to be sold except as under the last Article, unless on the prescription of a physician.
Any apothecary may sell opium in small quantities by opening the sealed receptacles of opium (Article 3). In such cases the opium for sale shall be sealed up in a suitable vessel (or other container).
Dealers in drugs (druggists), whether wholesale or retail, are not authorized to sell in small quantities opium which has been sealed up by the government or by an apothecary.

ARTICLE 8.
The prescription of a physician and the document mentioned in Article Six (6) shall be preserved for ten (10) [•] from date contained thereon.

ARTICLE 9.
Any one who manufactures or prepares opium without the permission of the proper chief district authority, or any one who violates the second (2) provision of Article Two (2), is liable to a fine of from one hundred (100) yen to five hundred (500) yen.

ARTICLE 10.
Opium manufactured or prepared without the permission of the proper chief district authority, or opium not sold by the government (Article 4), shall be confiscated.

ARTICLE 11.
Any one violating the first (1) provision of Article Two (2) is liable to a fine of from thirty (30) to three hundred (300) yen.

ARTICLE 12.
Any one violating Article Seven (7) or Article Eight (8) shall be liable to a fine of from ten (10) yen to one hundred (100) yen.
•it:mg—Time not stated in manuscript.

ARTICLE 13.
If a manufacturer or preparer of opium, or a wholesale dealer in opium, violates this law, or the regulations for carrying out this law, the proper chief district authority may withdraw his appointment.
ARTICLE 15.
Any person manufacturing or preparing opium at the time this law takes effect shall be deemed to be one to whom permission under Article One (1) has been granted.
ARTICLE 16.
The opium held by the proper chief district authority before this law goes into effect shall be burned up.
ARTICLE 17.
Ordinance Number One (1) of the eleventh (11) year of Meiji (1878), concerning the rules and regulations governing the sale and manufacture of opium for medical purposes, shall cease to be effective from the date on which this law takes effect.

In connection with the law already given, the Committee found it necessary to address the following interrogatories to Mr. S. Usawa, barrister-at-law, who had made the translation:

ARTICLE I.
Q. To whom does the expression "the chief district authority" refer?
A. Japan is divided into counties or districts. The head or chief magistrate of a district is appointed by the Emperor on the recommendation of the Prime Minister, and is the person referred to as "the proper chief district authority."

ARTICLE 2.
Q. Who fixes the "compensation" to be paid for the opium?
A. The government fixes the price.
Q. Who examines the opium? Are there special committees for that purpose?
A. Yes. There are special committees. The examination is made at the sanitary laboratory.
Q. The law says the government "shall destroy by burning any opium differing from the fixed standard."
,4. Yes.
Q. Does the "fixed standard" mean the percentage of morphia? A. Yes.
Q. Do you know what the percentage fixed by law is?
A. No, I do not.
Q. Referring to the burning of opium differing from the fixed standard, is it destroyed if the morphia contents are more than fixed by law, or if less?
A. Yes. If either more or less.

ARTICLE 3.
Q. Is the opium sealed with wax or with metal?
A. It is generally put up in paper and sealed with the stamp of the Japanese government.
Q. Is that the official seal of the Japanese government?
A. Yes. It is an official seal of the Japanese government made especially for that purpose.
Q. Of what material are the receptacles, in which the opium is sealed, made?
A. Sometimes they are glass bottles, and at other times they are made of wood or paper.

ARTICLE 4.
Q. Does the term "morphia contents" mean morphine only, or does it include all the other alkaloids of opium?
A. It generally means also all the other materials.
Q. The "morphia contents," then, will include all the other alkaloids of opium?

APPENDIX.

ARTICLE 14.
This law shall take effect from the first (1) day of April, the thirtieth (30) year of Meiji (1897).

A. Yes. It is believed that the preceding two questions were misunderstood.
Q. This Article says that "the Minister of Home Affairs shall give notice of the percentage of morphia (morphia contents)." To whom shall he give notice?
A. This simply means that he shall give public notice through the official gazette.
Q. What constitutes a change in the "morphia contents" of opium, and why is the change made?
A. I do not know. Mr. Kumagai, Chief of Formosan Affairs, whom you are to meet to-morrow, will be able to tell you.

ARTICLE 5.
Q. What are the sizes of the districts mentioned in this Article? Are they all equal?
A. The different districts are of different sizes, like counties, the size depending upon the natural topography.
Q. Is the number of druggists and apothecaries allowed to sell opium in a district limited?
A. They will all be given in a table to be furnished by me.
Q. Do Chinese apothecaries and druggists have the same privileges as Japanese?
A. Only in Formosa. There are no Chinese apothecaries and druggists in Japan.
Q. To whom does the "residence, name, family name, and date" refer? To the person for whom the prescription of the physician or pharmacist is made out?
A. Yes. The physician who desires to buy the opium gives the information. Q. Is there any limit to the amount of opium which may be purchased at any one time?
A. No. But generally the opium is sold on the prescription of a physician. Still I think that no amount is fixed. It is determined by the conditions.

ARTICLE 7.
Q. Please explain this article.
A. A druggist means a person not licensed by the government to sell on prescription. A druggist, whether wholesale or retail, is not allowed to sell opium on prescription. He may sell only sealed opium ; he may not break the seal.

ARTICLE 16.
Q. "The opium held by the proper district authority shall be burned up." What opium is that?
A. I think perhaps the government had attached the opium, so that on the promulgation of this law it should be burned up.
Q. Can you give us the date of the last infringement of the law? A. That will be given in the next statistics to be translated.
Q. Can you tell us why the law that preceded this law was changed? A. No similar laws had been promulgated before this time.
Q. There was only the penal code, then?
A. Yes. Only the penal code, and that was not sufficient, so that the new law was enacted.

REGULATIONS FOR CARRYING OUT THE LAW CONCERNING OPIUM.
(Ordinance of the Department of Home Affairs, No. 4. March, 3oth year of Meiji-1897.)

ARTICLE 1.
A manufacturer of opium who intends to send in any opium to the government, shall report to the Department of Home Affairs through the proper district authority by a letter of presentation stating the quantity and kind of opium. There shall be fixed to the opium a wooden label, whereon shall be written the quantity of opium, the domicile, the name and the family name of the manufacturer. The proper district authority, after receiving the letter of presentation, shall send the opium to the nearest sanitary laboratory, but he shall send the letter of presentation, with such endorsements and remarks as the facts warrant, to the Department of Home Affairs. The sanitary laboratory, having received the opium under the foregoing provision, shall test it (analyze it) and make a report of the result to the Department of Home Affairs. Opium in quantities less than five (5) mommes (8.8 grams) is excepted from being tested or analyzed.

ARTICLE 2.
The receptacles for opium (opium containers) sold by the government are of three (3) kinds, containing respectively one (1) momme (1.76 grams), five (5) mommes (8.8. grams), and fifty (50) mommes (88 grams). Each receptacle shall be sealed with the seal of the sanitary laboratory.

ARTICLE 3.
Every wholesale dealer in opium shall make an estimate corresponding to the financial year of the government, hereinafter called "the year," of the quantity of opium to be sold by the government semi-annually, stating the number and kinds of opium-containers desired, and he shall apply to the government for them. In case he needs more containers, he may apply for more from time to time.

ARTICLE 4.
Every wholesale dealer in opium shall place in front of his shop, or store, in a conspicuous place, a sign, with the following inscription, "Opium Sold at Wholesale."

ARTICLE 5.
In case a manufacturer of opium or a wholesale dealer therein changed his citizenship, domicile, name or family name, or cease to do business, or die, the fact shall be reported to the proper authority within ten (10) days after its occurrence.
In ease a manufacturer of opium or a wholesale dealer therein discontinues business, or if he die and his heir does not succeed him in his business, the opium already manufactured (by the manufacturer) or sold (to the wholesale dealer by the government) shall alike be returned to the government within the time set in the foregoing provision, or application shall be made that the government repurchase the opium, and said repurchase by the government shall be demanded.
Any opium (not included in the foregoing provision) remaining on hand may be sold and transferred within the period (10 days) mentioned in this Article to any person engaged in the manufacture of opium or in wholesale dealing therein.

ARTICLE 6.
In case of death (Article 5) the forwarding of the letter of presentation and of the application for repurchase by the government (under Article 5) shall be done by the bead of the house; if the head of the house has not yet been appointed, or is absent, by the heir of the deceased; and if the heir has not been appointed, or is absent, by the person (or persons) who administer on the estate of the deceased.

ARTICLE 7.
The proper district authority shall give public notice, and at the same time notify the Department of Home Affairs of the names and residences of all persons whom he has appointed as wholesale dealers in opium, whose appointments as such have been cancelled, or who have changed their residences, names or family names, or who have gone out of business, or who have died.

ARTICLE 8.
All apothecaries or druggists, whether wholesole or not, shall keep a record of all opium bought or sold by them, of the name of the person from whom the opium is bought, and of the residence, name and family name of any person who buys opium; and such records shall be preserved for ten (10) years; provided, however, that an apothecary who furnishes opium to a patient on the prescription of a physician shall not be required to keep the record mentioned in this Article.

ARTICLE 9.
All wholesale dealers in opium shall make an original and a duplicate copy of the annual statement showing the quantity of opium received or sold by them, and shall present both to the proper district authority within one (1) month after the close of the fiscal year.
The proper district authority shall make an annual statement showing the quantity of opium received or sold, and shall make a report thereof to the Department of Home Affairs within two (2) months after the close of the fiscal year.
(A part of this Article is amended and a provision is added by Ordinance No. 14, of the Department of Home Affairs, of the thirty-second (32) year of Meiji-1899.)

ARTICLE 10.
Any one who violates Article Four (4) or Article Nine (9) shall be liable to a penalty of not less than twenty (20) sen or more than one (1) yen and ninety-five (95) sen.

ARTICLE 11.
Any one who violates Article Five (5) or Article Eight (8) shall be liable to a fine of not less than two (2) yen and not more than twenty-five (25) yen.

APPENDIX.
ARTICLE 12.
These regulations shall take effect on April 1, the thirtieth (30) year of Meiji (1897).

REVISED DRAFT OF THE NEW PENAL CODE OF JAPAN.
Offenses Relating to Opium:

ARTICLE 159.
Whosoever imports, manufactures or sells opium, or has in his possession opium with the object of selling it, shall be punished with penal servitude for a period not exceeding seven (7) years.

ARTICLE 160.
Whosoever imports, manufactures or sell the instruments or apparatus used in the smoking or eating of opium, or has in his possession the same with the object of selling them, shall be punished with penal servitude for a period not exceeding five (5) years.

ARTICLE 161.
Customs officials who permit the import of opium, or of the instruments or apparatus used in the smoking or eating of opium, shall be punished with penal servitude for a period exceeding two (2) years and not exceeding ten (10) years.

ARTICLE 162.
Every individual who smokes or eats opium shalt be punished with penal servitude for a period not exceeding three (3) years.

ARTICLE 163.
Every person who is found to be the possessor or depository of opium intended to be smoked or eaten, or of instruments suitable for the smoking or eating thereof, shall be punished with penal servitude for a period not exceeding one (1) year.

ARTICLE 164.
Offenses mentioned in this Chapter are punishable even if they are not actually consummated.

ARTICLE 165.
Persons who have committed any of the offenses mentioned in this Chapter may be placed under police surveillance.

PUNISHMENTS PROVIDED IN THE PENAL CODE OF JAPAN.

I. Death.

2. Life servitude and confinement on an island.

3. Penal servitude and confinement on an island for a limited term (12 to 15 years).

4. Major penal servitude (9 to II years).

5. Minor penal servitude (6 to 8 years).

6. Major imprisonment (with labor).

7. Minor imprisonment (without labor).

8. Fine (2 yen or over).

9. Arrest (I to 10 days).

10. Penalty (5 sen to 1.95 yen).

The Same in the Draft of the New Penal Code.

1. Death.

2. Penal servitude:
a.-For life.
b.-For a limited term (I month to 15 years).

3. Imprisonment:
a.-For life.
b.-For a limited term (I month to 15 years).

4. Fine (zo yen or over.)

5. Arrest (1 day to I month).

6. Penalty (Jo sen to 20 yen).

FORMOSA.
ORDINANCE CONCERNING OPIUM IN FORMOSA.
(Ordinance Number 2. January 22, 3oth year of Meiji-1897.)

ARTICLE 1.
The word "opium" in this ordinance includes raw opium, opium paste and powdered opium.

ARTICLE 2.
Opium and powdered opium shall be sold gy the government only. The importing, manufacturing, transferring, selling, owning or having in possession of any medicine or preparation containing certain ingredients of opium, and manufactured for the purpose of producing the same effects as opium or opium-paste, without a license, is hereby prohibited.

ARTICLE 3.
License to purchase and eat opium-paste (in small quantities) shall be given only to those who are chronic opium habitues.

ARTICLE 4.
Licenses may be granted to conduct the following businesses:
1. Wholesale of opium-paste.
2. Manufacture and sale of instruments used in opium-eating.
3. Wholesale of instruments (2).
4. Opening of opium-eating places or shops.
5. The selling of powdered opium at wholesale shall be limited to apothecaries and druggists.

ARTICLE 5.
Only physicians, apothecaries, druggists, and pharmacists are permitted to purchase or own the instruments used in opium eating.

ARTICLE 6.
Whoever obtains a license under Article Three (3) or Article Four (4) shall pay a license fee. The amount of this fee shall be determined and fixed by the government of Formosa.

ARTICLE 7.
Any person to whom a license has been granted to sell or eat opium-paste, or to open shops or other places for opium-eating, is permitted to purchase and own the instruments used in opium-eating.

ARTICLE 8.
Any person who imports or manufactures opium-paste, or who sells, transfers, exchanges, or gives for a loan opium-paste which has been imported or manufactured, shall be punished with major imprisonment of a term, not exceeding five (6) years or with a fine not exceeding five thousand (5,000) yen.

ARTICLE 9.
Any person who compounds any of the kinds of opium-paste sold by the government, or combines any other things with the opium-paste sold by the government, or sells, transfers, exchanges or gives for a loan the things compounded or combined, shall be punished with major imprisonment of a term not exceeding three (3) years or with a fine not exceeding three thousand (3,000) yen.
Any person who owns, possesses or eats the opium-paste described in the foregoing provisions shall be punished with a major imprisonment of a term not exceeding one (1) year or with a fine not exceeding one thousand (1,000) yen.
Any person who sells, transfers, exchanges or gives for a loan any opium-paste, without having been granted a license under Article Four (4), Section One (1), or appointed to be a wholesale dealer; or.any person who, having been granted the license under Article Four (4), Section One (1), sells, transfers, exchanges or gives for a loan any opium-paste to a person who has not a license to buy or eat opium-paste; or any person who, being a wholesale dealer in opium-paste by appointment of the government, sells, transfers, exchanges or gives for a loan any opium-paste to a person who has not a license for the wholesale of opium-paste, shall be punished with major imprisonment of a term not exceeding four (4) years or with a fine not exceeding four thousand (4,000) yen.

ARTICLE 10.
Any person who imports or manufactures any medicine which has the same effect as raw opium, powdered opium or opium-paste, shall be punished with major imprisonment of a term not exceeding four (4) years or with a fine not exceeding four thousand (4,000) yen.
Any person who sells, transfers, exchanges or gives for a loan any medicine which has the same effect as raw opium or opium-paste; or any person, excepting a physician, apothecary, pharmacist, or druggist, who sells, transfers, exchanges, or gives for a loan any opium-paste, without having been granted a license under Article Four (4) or Article Five (6), shall be punished with major imprisonment of a term not exceeding three (3) years or with a fine not exceeding three thousand (3,000) yen.
In the case of a person who has intended to import or manufacture a medicine which has the same effect as opium or opium-paste, but has not yet finished the transaction, the punish- ment shall be decreased by one or two degrees.
A person who uses morphine or any other medicine containing morphine, for the purpose of substituting it for opium-eating, shall be, punished with major imprisonment of a term not exceeding one (1) year or with a fine not exceeding one thousand (1,000) yen. The same shall apply correspondingly to a person who has used such medicine in compliance with the request of other persons.
A person w ho cultivates the poppy, or owns corn-poppies, with the object of manufacturing opium, shall be punished with major improsinment of a term not exceeding two (2) years or with a fine not exceeding two thousand (2,000) yen.

ARTICLE 11.
Any person who imports the instruments used in opium-eating, or who manufactures the instruments used in opium-eating, without having been granted a license under Article Four (4), Section Two (2), shall be punished with major imprisonment of a term not exceeding three (3) years or with a fine not exceeding three thousand (3,000) yen.
Any person who sells, transfers, exchanges or gives for a loan the instruments used in opium-eating, without having been granted a license under Article Four (4), Section Two (2), or Three (3); or any person who, having been granted the license, sells, transfers, exchanges or gives for a loan the instruments used in opium-eating to any person who has not a license to own or use the instruments for opium-eating; or any person who, without having been granted a license, buys or eats opium, or opens a shop for opium-eating, shall be punished with major imprisonment of a term not exceeding two (2) years or with a fine not exceeding two thousand (2,000) yen.

ARTICLE 12.
If a customs house official undertakes or allows the importations mentioned under Articles Eight (8), Nine (9) or Eleven (11), the punishments shall be increased respectively by one degree.

ARTICLE 13.
Any person who supplies a place or the instruments used in opium-eating, without having been granted a license under Article Four (4), Section Four (4), shall be punished with major imprisonment of a term not exceeding four (4) years or with a fine not exceeding four thousand (4,000) yen.
The same shall apply correspondingly to any person who, having been granted a license under Article Four (4), Section Four (4), supplies a place or the instruments used in opium-eating to one who has no license to buy or eat opium.
In the foregoing provisions, if the act has been committed without the intention of making a profit, the punishment shall be derceased by one degree.

ARTICLE 14.
Any person who eats opium, without having been granted a license under Article Three
(3), shall be punished with major imprisonment of a term not exceeding three (3) years or with a fine not exceeding three thousand (3,000) yen.
If any person seduces one who has no license under Article Three (3) and causes him to eat opium, the punishment shall be increased by one degree.

ARTICLE 15.
Excepting wholesale dealers in opium-paste who have been appointed by the government, any person who possesses or owns opium-paste, without having been granted a license under Article Three (3) or Article Four (4), or any person who possesses or owns the instruments. used in opium-eating, without having been granted a license under Article Three (3) or Article Four (4), Section Two (2), Three (3) or Four (4), shall be punished with major imprisonment of a term not exceeding one (1) year or with a fine not exceeding one thousand (1,000) yen.
The foregoing provisions shall apply correspondingly to any person who possesses or owns a medicine which is manufactured for the purpose of producing the same effect as raw opium or opium-paste; or to any person, excepting a physician, apothecary, pharmacist or druggist, who possesses or owns opium-paste, without having been granted a license under Article Four
(4), Section Five (5).    ,

ARTICLE 16.
In case of conviction under Article Eight (8) to Fifteen (15) inclusive, the materials shalt be confiscated, and if the materials have already been consumed, the corresponding value shall be imposed as a fine upon the violator.

ARTICLE 17.
Any person on whom a sentence of major imprisonment has been imposed may convert the imprisonment into a fine consisting of an amount of money reckoned at the rate of two (2) yen per diem; and if only a part is paid, the days of imprisonment shall be reduced proportionately to the amount of money paid in.
In the foregoing case, the order shall be given by the judge, hearing only the opinion of the public procurator, which shall not be regarded as final.

ARTICLE 18.
If a person fails to pay his fine, he shall be arrested and confined in prison for a term not exceeding fine (5) years, converting the fine into imprisonment; and, if necessary, labor may be imposed upon him.
The term of imprisonment of a person who is to be arrested and confined in prison shall be declared by the judge on the application of the public procurator, without taking the course of a decision.
If a person sentenced to pay a fine accomplishes a part of its payment, the term of his imprisonment shall be reduced according to the ratio of the amount of the fine to the term of imprisonment. If he pays the fine while he is in prison, the foregoing provision shall apply to the remaining term.

ARTICLE 19.
If the family or an employee of a person w ho has been granted a license under Article Four (4), or of a person who is a wholesale dealer by appointment of the government, violates this ordinance, that person or wholesale dealer shall be punished.

ARTICLE 20.
Volume II, Chapter Five (5), Section One (1) of the Penal Code has no application to this ordinance.
This ordinance shall take effect on the sixteenth (16) day of April, the thirty-first (31) year of Meiji (1898).
Any person who violates Articles Five (5), Twenty-three (23), or Twenty-four (24), shall be punished with major imprisonment of a term not exceeding twenty-five (25) days or with a fine not exceeding twenty-five (25) yen.
Any person who violates Article Twelve (12), Thirteen (13), Seventeen (17), Eighteen (18), Twenty-five (25), Twenty-six (26), Thirty-two (32), or Thirty-eight (38), or any person who violates Article Thirty-nine (39) and refuses to buy in accordance with said Article without reason for so doing, shall be punished with imprisonment of a term not exceeding ten (10) days or with a fine not exceeding one (1) yen and ninety-five (95) sen.

THE ORDINANCE CONCERNING OPIUM IN FORMOSA, AS ALREADY TRANSLATED, HAS BEEN AMENDED AS FOLLOWS:

ARTICLE 8.
The first amendment Vk AS made by Ordinance Number Ten (10), of the thirty-first (31) year of Meiji. and the last amendment by Ordinance Number Two (2), of February, of the thirty-fifth (35) year of Meiji. Two further additions have been made.

ARTICLE 9.
Amended by Ordinance Number Twenty (20), of August, of the thirty-first (31) year of Meiji; Ordinance Number Two (2), of February, of the thirty-fifth (35) year of Meiji.

ARTICLES 10-20.
Amended by Ordinance Number Twenty (20), of the thirty-first (31) year of Meiji.
Interrogatories Addressed by the Committee to Mr. S. Usawa, Barrister-at-Law, Regarding the "Ordinance Concerning Opium in Formosa."
Q. Can you tell us how opium is used in Formosa? Is it smoked or eaten?
A. It seems to be both smoked and eaten. In our language the word used in the Ordinance has two meanings—it signifies both smoking and eating; one Nord expresses both ideas. Whenever the word "eat" appears in the Ordinance, therefore, it means also to smoke.
Q. What is the percentage of morphia-content in opium fixed by the Ordinance Relating to Opium in Formosa?
A. No fixed percentage is established by the Ordinance or by any other regulation.
Q. Does the word "Formosan" in the Ordinance include the Chinese who are living in Formosa temporarily?
A. Although the Ordinance makes no clear distinction between these Chinese and others, the intention is not to include them. The word "Formosan" refers to islanders living in Formosa when it became Japanese territory in the twenty-eighth (28) years of Meiji (1895).

REGULATIONS FOR CARRYING INTO EFFECT THE ORDINANCE CONCERNING OPIUM IN FORMOSA.
(Ordinance No. ro. March, 3oth year of Meiji-1897.)

CHAPTER I.
Opium Paste and the Eating (or Smoking) of It.

ARTICLE 1.
The opium-pastes manufactured and sold by the government are of the three following classes:
(1) First-class opium-paste (manufactured from the "great ball").
(2) Second-class opium-paste.
(3) Third-class opium-paste.

ARTICLE 2.
The opium-paste shall be sold to the wholesale dealer of opium-paste through the agent of opium-paste by the competent district authority.

ARTICLE 3.
Any person desiring to obtain a license to buy and eat opium-paste in accordance with Article Three (3) of the Ordinance Concerning Opium in Formosa, by reason of opium-mania, shall be granted a written license to buy and eat opium-paste, on applying to the competent district authority and presenting the certificate of a physician designated by the competent district authority.

ARTICLE 4.
Any person who obtains a written license in accordance with the foregoing Article, shall pay a license fee of thirty (30) sen at the time the license is granted.

ARTICLE. 5.
Whenever a person goes to buy or to eat opium-paste, he must carry with him his written license to buy and eat opium-paste.

CHAPTER II.
The Handling and Transferring of Opium.

ARTICLE 6.
The agent of opium-paste shall sell the opium-paste at the price fixed by the government.

ARTICLE 7.
To the agent the opium-paste shall be sold at a price discounted by fifteen (15) per cent, and the delivery of the opium-paste shall take place after the price has been paid.

ARTICLE 8.
The opium-paste sold to the agent shall not be less than one (1) case at a time.

ARTICLE 9.
The agent is not allowed to sell the opium-paste to any person other than those who have written licenses for the wholesale of opium-paste.

ARTICLE 10.
The agent is not allowed to sell opium-paste in quantities smaller than one (1) can.

ARTICLE 11.
The agent is not allowed to sell opium-paste as a wholesale dealer or to open a shop for opium-eating.

ARTICLE 12.
The agent shall keep an account book and shall record therein the quality, the quantity, and the price of the opium-paste sold by the government and of that sold by him; he shall give the name and the domicile of the wholesale dealer to whom he has sold the opium-paste.

ARTICLE 13.
The agent shall make a report every month on the fifth (6) day of the month to the competent police officer or to an officer appointed for that purpose, of the quality, the quintity and the price of the opium-paste which be has sold, under the foregoing Article, during the previous month.

ARTICLE I4.
Any person who wishes to carry on the wholesale of opium-paste shall obtain a written license for the wholesale of opium-paste, by applying to the competent district authority for the same.

ARTICLE 15.
A person to whom has been granted the foregoing license shall pay a license fee of three (3) yen per annum.

ARTICLE 16.
The wholesale dealer in opium-paste is not allowed to make any compounds of the opium-paste from the first-class to the third-class, nor is he allowed to combine any other things with the opium-paste.

ARTICLE 17.
The wholesale dealer in opium-paste shall keep an account book, and he shall record therein the quality, the quantity, and the price of the opium-paste which he has purchased, and of the opium-paste which he has sold, each day.

ARTICLE 18.
The wholesale dealer in opium-paste shall make a report each month, on the fifth (6) day of the month, to the competent district authority or to the bureau designated for that purpose, as to the quality, the quantity, and the price of the foregoing opium-paste handled during the previous month.

ARTICLE 19.
Any person who wishes to open a shop for opium-eating shall secure a written license for an opium-shop, by applying to the competent district authority for the same.

ARTICLE 20.
A person to whom has been granted the foregoing written license shall pay a license fee of three (3) yen per annum.

ARTICLE 21.
An apothecary or druggist who wishes to secure a license for the wholesale of powdered opium shall obtain a written license for the wholesale of powdered opium by applying to the competent district authority for the same.

ARTICLE 22.
A person to whom has been granted the foregoing written license shall pay a license fee of one (1) yen per annum.

ARTICLE 23.
No physician, druggist, or pharmacist is allowed to use powdered opium except for the purpose of dispensing or compounding medicines.

ARTICLE 24.
Powdered opium is not allowed to be sold, given or delivered without the prescription of a physician or a certificate in which are specified the quantity of powdered opium and the name, the family name, the domicile and the occupation of the buyer, and which is prepared with the seal and signature of the buyer.

ARTICLE 25.
A person to whom has been granted a license for the wholesale of powdered opium shall keep an account book and shall record therein the quantity of powdered opium sold him by the government, of that purchased from other persons holding licenses for its wholesale, and of that delivered by him to physicians, druggists and pharmacists each day. He shall further record the names, domiciles, and occupations of the buyers.

ARTICLE 26.
The physician, apothecary, or pharmacist shall keep an account book, in which he shall record the quantity of powdered opium, the date on which he purchased it, and the names, family names, domicile s, and occupations of the sellers, as well as of the quantity of opium daily used by him in his business.

CHAPTER III.
The Manufacture and Sale of Instruments Used in Opium-Eating.

ARTICLE 27.
Any person who wishes to manufacture and sell the instruments used in opium-eating shall secure a written license to manufacture and sell the instruments used in opium-eating, by applying to the competent district authority for the same.

ARTICLE 28.
A person to whom has been granted the foregoing,viritten license shall pay a license fee of six (6) yen per annum.

ARTICLE 29.
Any person who wishes to carry on the business of wholesale of the instruments used in opium-eating, shall secure a license for the wholesale of the instruments used in opium-eating, by applying to the competent district authority for the same.

ARTICLE 30.
A person to whom has been granted the foregoing written license shall pay a license fee of three (3) yen per annum.

ARTICLE 31.
The license fees under Chapters Two (2) and Three (3) shall be paid in every year,: not later than the twenty-fifth (25) day of December; but a person who has commenced business recently may pay the license fee at the time when the license is granted for that year. If such license is granted after the twenty-sixth (26) day of December, he shall pay at the same time the license for that year and for the next year.

ARTICLE 32.
The retail or wholesale dealer in instruments used in opium-eating shall keep an account book, in which he shall record every day the kind and number of instruments manufactured and sold, as well as the names, family names, and domiciles of the sellers and buyers.

CHAPTER IV.
Miscellaneous Regulations.

ARTICLE 33.
If a written license should be damaged or lost, or should necessitate a modification of the statements made therein on account of a change of domicile or a change of name, a renewal or regrant of such written lincense shall be applied for to the competent district authority, through the competent police officer or the bureau designated for that purpose. The original written license shall be affixed to it, except of course in cases where it has been lost.
In case of removal to the sphere of another administration, this fact shall be reported to the former competent authority, and a renewal of the written license shall be applied for to the new competent authority.

ARTICLE 34.
Under the foregoing Article, a person carrying on a business connected with opium shall pay fifty (50) sen, and a person licensed to buy and eat opium shall pay fifty (50) sen, at the time when the renewal or regrant of the written license takes place.

ARTICLE 35.
Under Article Thirty-three (33) the competent police authority or the bureau designated for that purpose, may grant a provisional written license, until such time as the regrant of the license shall take place. The provisional written license shall have the same legal force as the regular written license.

ARTICLE 36.
In the following cases the fact shall be reported to the competent district authority and the written license shall be returned to the government; and in case of death, it shall be returned by the heir or the administrator of the property of the deceased.
(1) When a person to whom a written license to buy and eat opium has been granted, dies, or when he ceases to buy and eat opium.
(2) When a wholesale dealer in opium-paste, a person who has opened a shop for opium-eating, a wholesale dealer in powdered opium, or a manufacturer or wholesale dealer in the instruments used in opium-eating, dies, or ceases to carry on his respective business.

ARTICLE 37.
Persons to whom licenses for the wholesale of opium-paste, for the manufacture and wholesale or retail of the instruments used in opium-eating, for the opening of shops for opium-eating, or for the wholesale of powdered opium, respectively, have been granted, are allowed to do business only at the places mentioned in the written licenses. Any person who wishes to establish a branch office shall secure a special license for that purpose, in accordance with the corresponding Article of these Regulations.

ARTICLE 38.
In case of the decease of a licensee or the abandonment of his business, the opium-paste, powdered opium, or instruments for opium-eating, still on hand, shall, within thirty (30) days, be transferred to other licensed persons engaged in that business, with the approval of the competent police officer or of the bureau designated for that purpose.

ARTICLE 39.
Any person licensed to carry on a business connected with opium, may buy the opium-paste, powdered opium or instruments used in opium-eating at a fair price, if an offer has been made to him in accordance with the foregoing Article.

ARTICLE 40.
If a person licensed to carry on a business connected with opium has committed any crime in connection with opium, or any illegal act in the conduct of his business, his business may be suspended.

ARTICLE 41.
The license shall cease to be effective, if, within the appointed term, the payment of the license fee under Chapter Two (2) and Three (3) has been neglected.

ARTICLE 42.
The prefectural governor may issue regulations as to the supervision of opium in his prefecture.

CHAPTER V.
Penal Provisions.

ARTICLE 43.
Any person who violates Article Ten (10), or who transfers a written license by sale or any other illegal method, shall be punished with major imprisonment of a term not exceeding six (6) months, or with a fine not exceeding one hundred (100) yen.

FRENCH INDO-CHINA.
RESOLUTION OF FEBRUARY 7, 1899, CONCERNING THE EXERCISING OF THE RIGHT OF MONOPOLY IN THE DETECTION AND SUPPRESSION OF FRAUD IN ALL MATTERS PERTAINING TO OPIUM IN INDO-CHINA.
(Translation.)

The Governor General of Indo-China.
Taking into consideration the decree of April 21, 1391;
The Resolutions, of July 5, 1888, and of September 6, 1892, Concerning the Detection and Repression of Fraud in All Matters Pertaining to Opium in Indo-China;
The conventions agreed upon with the King of Cambodia, September 10, 1883, and June 17, 1884;
The Resolutions of June 6 and 8, 1898, regulating the sale and excise of opium in Tonkin; The Resolutions of December 31, 1894, concerning the sale of opium in Annam;
The Resolutions of December 9, 1895, imposing the excise upon opium of Laos; The Law of January 11, 1892, establishing the general tariff of customs;
The Resolutions of February 16, 1895, making applicable to the colonies divers laws, resolutions, and decrees relative to customs;
The Decree of July 31, 1898, creating the general budget of Indo-China;
The Resolutions of September 15, 1898, concerning the administration and judiciary procedure pertaining to indirect taxation in Indo-China;
The Decree of December 30, 1898, organizing the services of customs and excise of Indo- China, on motion of the Director of Customs and Excise;

RESOLVES:

CHAPTER I.
The Exercising of Monopoly.

ARTICLE 1.
The purchase, manufacture, and sale of opium constitute a monopoly, the exercising of which is entrusted to the administration of the Customs and Excise of Indo-China.

ARTICLE 2.
The monopoly of purchase and manufacture is absolute and must be exercised as a direct excise only.
The monopoly of sale may be exercised as a direct excise by the government, or by its authorized parties, farmers, or agents. The contracts actually in force in Annam and in Tonkin shall be valid in their present forms and conditions.

ARTICLE 3.
The cultivation of the poppy, in view of its conversion into opium, shall be permitted in Indo-China only by virtue of authority obtained from the Bureau of Customs and Excise and under conditions which shall be determined later.

ARTICLE 4.
The Bureau of Customs and Excise shall purchase raw opium whenever it deems best, and at the price and under the conditions which seems to it most favorable.

ARTICLE 5.
It shall possess the sole right to import opium throughout the territory of Indo-China. There is excepted from this prohibition opium intended for use in European pharmacies, or for consumption outside French Indo-China.
Special declarations must be furnished by importers conformably to the laws and regulations relative to the importation or to the transit of the forbidden articles, under the special methods of procedure indicated later.

ARTICLE 6.
Every captain of a ship, master or patron of a junk or barque, arriving with opium on board at any port in Indo-China, whatsoever may be the destination of the opium, must declare it immediately and without delay to the Bureau of Customs and Excises, under penalty of being considered a dealer in contrabands and punished as such.
He must not permit the landing of opium thus declared except on sight of permit to land, given by the Bureau of Customs, and under the same penalty as before.
If the opium thus declared is intended for transit, and if the importing ship or boat is in a port open to transit, the captain or the patron or the consignee shall accomplish at the Custom Office all the formalities prescribed in the matter of transit.
If the importing ship or vessel is in a port not open to transit, the captain or patron shall comply with the regulations laid down in Articles Nineteen (19) and Twenty (20), below.

ARTICLE 7.
Only pharmacists with European diplomas (or degrees) shall be authorized to receive opium, raw, as an extract or in the form of medicines; but they must conform to the following instructions:

ARTICLE 8.
Opium, raw or as an extract, or pharmaceutical preparations containing opium (as a basis), invoiced to these pharmacists, must be forwarded to Saigon, Haiphong, or to Tourane, and must not be discharged elsewhere than at those ports, unless owing to stress of weather or misfortune at sea.

ARTICLE 9.
Opium, raw or in extract, shall be put in a special case.
If the consignee neglects to enter on the manifest the opium, raw or in extract, invoiced to a European pharmacist, the latter, except for legal process against him, shall be civilly re- sponsible for the injury accruing to the Excise in consequence of the change of destination or fraudulent landing in the colony.

ARTICLE 10.
The pharmacist consignee must, before landing prohibited merchandise, make at the Bureau of Customs an exact declaration of the .quantity of opium, raw or as an extract, which has been invoiced to him, the name of the consignor and the place whence the opium comes.
He shall be obliged to show the invoice in support of his declaration and to accomplish all the formalities of the Customs prescribed in such cases by the regulations.

ARTICLE 11.
If the officials consider that the quantities of opium, raw or as an extract, exceed a supply for three (3) months, they shall have the right to have the excess deposited in the warehouse; and the opium shall be delivered to the consignee in strict accordance with his needs.
No claims against the Customs shall be entertained, .provided it be shown that a sufficient quantity of opium for, his weekly needs has been authorized to be delivered to the consignee.

ARTICLE 12.
A permit for transportation, stating the quantity of opium, raw and in extract, shall be given to the pharmacist consignee, and must accompany the merchandise until its arrival in his warehouse.
This permit must be turned over, when required, to the officials of the Excise and Customs or to any agent of the General Police.

ARTICLE 13.
The Department (of Customs) shall always have the opportunity of supervising the quantity of opium imported by the pharmacists.

ARTICLE 14.
The latter shall be obliged to place before the officials and employees of the Customs and Excise the opium and those preparations whose base is opium, which they have in their warehouses or pharmacies. They must likewise, if those officials and employees demand, turn over to them their books and all other papers likely to account for any opium not on hand. The visits and examinations above-mentioned shall take place without the assistance of an official of the Judicial Police. In all cases, however, they must not take place except by special order of an employee of the grade of Controller, or performing the duties of Chief Storekeeper.

ARTICLE 15.
A refusal on the part of a pharmacist to permit the examinations prescribed by the preceding Articles shall constitute a violation of the Excise Laws.

ARTICLE 16.
The transit of opium through the French possessions in Cochin-China and through Tonkin is authorized. Transit of quantities less than one can of the dimensions ordinarily used in commerce (25 to 30 kilos) is forbidden.

ARTICLE 17.
Opium intended for transit shall be introduced into Cochin-China and Tonkin only through the ports of Saigon or Haiphong, or through the cities of Langson or Laokay, except in case of accident by sea or some other circumstance beyond human control where necessity exists of entering the territory by some other frontier point.

ARTICLE 18.
Opium in transit may be exported by sea or by land, but only through the following Bureaus of Customs: Saigon, Pnom-Penh, Haiphong, Laokay, and Langson.

ARTICLE 19.
If there is opium in a ship or vessel touching at one of the ports in Indo-China, which opium is to be re-exported by said ship or vessel, the Department of Customs and Excises shall cause that opium to be placed in a special case on the importing vessel, and shall place its seals upon it, and shall take such measures as it deems proper to prevent fraudulent discharging of said opium.
If it is considered necessary, it may be ordered that the opium be deposited in the warehouse of the Customs until the departure of the vessel. This placing of the opium in the warehouse is obligatory, if its re-exportation is not to take place by the same ship or vessel, and does not occur immediately.
In addition, in case of immediate or of later re-exportation, all the regulations prescribed by the rules of the Customs in such matters shall be carried out.

ARTICLE 20.
In case a vessel with opium on board is driven by distress or accident at sea into any port whatsoever of Indo-China, the captain shall make to the authorities of the place the declaration prescribed by Article Six (6) above; and the opium shall immediately be placed under seal and deposited with the Bureau of Customs and Excise. A sworn declaration of the whole matter shall be made, which shall state the number and the external condition of the cases or parcels containing the opium thus discharged; and a duplicate of this declaration shall by retained by the Captain and must be receipted for.

ARTICLE 21.
The passengers embarked on a vessel making a landing in any port whatsoever of Indo-China shall not be permitted to land with opium in any form or in the slightest quantity, under penalty of being considered as smugglers and punished as such.

ARTICLE 22.
If a passenger is obliged to disembark in order to continue his journey by another vessel, or for any other reason, he must turn over all the opium in his possession to the captain, who will deposit it with the Customs, and carry out the directions mentioned in Articles Six (6) and Nineteen (19) preceding. This opium shall be returned to the passenger when he leaves the colony.

ARTICLE 23.
The rules for stamping permits, for unloading and for moving opium, and for the charges of storage, shall be such as are fixed by the regulations special to each Bureau of Customs, wherein the unloading, transit or re-exportation shall have been accomplished.
The Department will keep the opium until the settlement of all dues, and if they be not paid within six (6) months, the opium shall be confiscated to the profit of the government.

ARTICLE 24.
All opium delivered in any form whatsoever for consumption in Cochin-China, Cambodia, Laos, Tonkin or Annam, shall be manufactured, manipulated and prepared under the administration of the Customs and Excise. Exceptions to this regulation will be made so far as con-. cerns raw opium which special warehouse-keepers, bonded warehouse-keepers, or wholesale vendors shall be authorized to sell in the name of the Excise.

ARTICLE 25.
The Department of Customs and Excise shall be authorized to deliver for consumption such a quantity of opium as it may see fit and to establish for its sale as many depots, bureaus of sale, and fumatories as necessary.

ARTICLE 26.
The depots shall be administered directly by the service of the Customs and Excise, or shall be established under the control of special persons chosen for that purpose.

ARTICLE 27.
The storekeeper, whatever may be his designation, shall neither possess nor put on sale any opium other than that furnished by the Excise.
Certain special storekeepers of depots or wholesale vendors of Tonkin shall, nevertheless, be allow ed to put on sale the raw opium which they shall have been authorized to secure for themselves at the Chinese frontier, but under the condition that this opium shall be stamped by the Excise, which shall determine the weight and supervise the sale of it.

ARTICLE 28.
Storekeepers, agents of the Bureau of Custom* and Excise, are forbidden to sell opium at retail. They must deliver the opium to the public in containers or packets sealed or stamped with the stamp of the Excise.
Retail storekeepers, unknown to the Bureau, may be authorized to open shops for retail sales. The y shall provide themselves with shopkeepers' licenses.

ARTICLE 29.
Storekeepers who are not public officials shall be authorized by the government to conduct other sorts of business, by following out the regulations in force in regard to their licenses.

ARTICLE 30.
The Bureau of Customs and Excise shall be authorized to concede to special persons, under certain conditions and by virtue of special contracts agreed upon, the exclusive right of sale of opium in any region whatsoever (precinct, province, canton, neighborhood, or military territory) in Tonkin or Laos.
These concessionaries shall have the title of "Wholesale Vendors of the Excise."

ARTICLE 31.
The wholesale vendors shall be obliged to deposit funds of guarantee, which shall be fixed by the Bureau of Customs and Excise in accordance with the value of the purchases they covenant to make. In no case shall this be less than five hundred (500) piastres.
This guarantee fund shall be deposited in the local treasury, in the name of the administrative depot.

ARTICLE 32.
The administrative fines contracted by the "factors general" shall be withdrawn from these guarantee funds without any other formality than a simple notice to them, given by the Bureau of Customs and Excise, v ith no recourse for delay, or any need of having the decision approved. The "factors general" shall be obliged to renew the guarantee funds in the manner and ways indicated to them, under penalty of forfeiture.

ARTICLE 33.
The "factors general" shall be obliged to provide themselves with all the kinds of opium which the consumers may demand of them and which the Excise places on sale, or which it is authorized to place on sale.

ARTICLE 34.
Opium shall be delivered to the "factors general" for cash, unless special arrangements have bt en made between• the Bureau of Customs and Excise and certain persons for a different method of payment.

ARTICLE 35.
The perchase price of opium and the profit which the "factors general" shall be authorized to make on their sales shall be determined by regulations and by certain contracts.

ARTICLE 36.
The "factors general" shall not be authorized to sell, personally or by their agents or factors, any opium outside the limits of the territory which shall have been assigned to them, under penalty of being treated as smugglers and as liable to have to pay damages to such other concessionaries as are thus injured.

ARTICLE 37.
They shall be obliged to open a certain number of shops and to take for that purpose a corresponding number of licenses of different kinds, according to the table prepared for each province or region by the government.
They shall also be obliged to open new shops in case of requests approved by the governwent. Nevertheless, they shall have the right to place as many licenses as they please, besides the number designated by the Excise, under the conditions that they have their retail vendors accepted by the government.
The latter shall have the right to reserve a certain number of licenses for the Annamites.

ARTICLE 38.
Wholesale vendors shall be responsible for violations (of administrative ordinances) which may have been committed by their retail vendors; but in case the latter are guilty of fraud, without the complicity of the wholesale vendors, these latter shall not be prosecuted and the real delinquents alone shall be prosecuted. Their licenses shall be taken away from them, if the government deem desirable.

ARTICLE 39.
The restrictions stated in the preceding Article (38), relative to the civil responsibility of the "factors general," touch only fraudulent acts committed by their retail agents. They shall continue to be legally responsible for acts of any kind committed by their agents other than the "factors" mentioned in Article Thirty-eight (38), above.

ARTICLE 40.
The "factors general" shall be obliged to assist in detecting and suppressing fraud.
They shall have for that purpose in their pay a number of agents, European or Asiatic, which shall be fixed for them by contract with the government.
The agents shall be commissioned and sworn. They shall be controlled by the employees of the Customs and Excise; and in case of seizure made through their information and with their assistance, the concessionary shall receive the share set aside for informers by the regulations.

ARTICLE 41.
In no case shall the "factors general" be authorized to give up their contracts without previously obtaining the consent of the Bureau of Customs and Excise.

ARTICLE 42.
All controversies between the "factors general" and the Excise, or between these "factors" and other concessionaries, shall be regulated by the Director of Customs and Excise.

ARTICLE 43.
Every persons desiring to devote himself to the sale of opium by retail shall provide himself with a license valid for one (1) year (from January 1 to December 31).
This license, the price of which shall be fixed by the government, shall be valid only in the locality for which it has been provided and for single circuit of sale.
It shall be posted in the most conspicuous place of said circuit.
In cities the holders of retail licenses shall not be permitted to change their residences or streets until they shall have obtained the authority of the government.

ARTICLE 44.
This license may be granted to any person of major age whose morality and solv€ncy are known.
The government shall require, if it deem necessary, from each agent a surety responsible for all pecuniary forfeitures which may be decreed against the agent.

ARTICLE 45.
The retail agents shall be authorized to sell opium either in closed receptacles sealed with the stamp of the Excise or by retail.
When they open a receptacle in order to sell its contents by retail, they shall leave the
stamps of the Excise (intact) and must not pour out the contents except by special authority.
They are prohibited from mixing, or adding to, the opium any substance whatsoever. They shall not be authorized to make any sales outside their own circuits.

ARTICLE 46.
They shall not be allowed to sell the opium in closed boxes at more than ten (10) per cent advance on the purchase price.
The price of opium by retail shall also be fixed by the government in certain countries in Indo-China.

ARTICLE 47.
There shall be delivered at his expense to each retail agent, for each circuit, a book, in which the warehouse-keepers or wholesale vendors shall inscribe the quantities delivered. Each entry shall be signed by the party who has made the sale. •

ARTICLE 48.
The retail agents shall be authorized to provide themselves with opium only at the warehouses (or entrepots) which shall be designated to them by the government or the wholesale vendors.
They shall keep a daily account of their sales.

ARTICLE 49.
The hook mentioned in Article Forty-seven (47) above shall remain in the possession of the retai: agent and shall serve him as a permit for trading. He must produce it whenever required by the proper authority.

ARTICLE 50.
Every retail agent shall have the right to open an establishment for smoking opium (fumatory), provided he has made a previous declaration of his intention to the government. The place selected for the fumatory shall not serve for any other use, even for the sale of opium destined to be smoked. That opium shall be previously obtained at the shop.

ARTICLE 51.
Entrance to fumatories shall be prohibited to any person bearing visible or concealed arms, to women of all ages, to boys under twenty-one (21) years of age, and to Europeans, under penalty of fines against these persons, if, in spite of the warnings of the agent, they persist in consuming opium there or in remaining there. The value of the fine incurred shall be fixed as are those for violations of the police regulations.

ARTICLE 52.
It is prohibited for any person to transport more than twenty (20) grams of dross (detritus of opium already smoked), unless he has special authority from the Bureau of Customs and Excise for that purpose.

ARTICLE 53.
Any sale or delivery of dross, pure or mixed with other materials, is likewise prohibited, unless special authority for that purpose has been obtained from the Bureau of Customs and Excise.

ARTICLE 54.
Every purchaser of opium (wholesaler or retailer) shall bring back to the Excise all the dross derived from the opium which he shall have bought.

ARTICLE 55.
The Excise agrees to buy this dross at an official price, which shall be posted and published. The warehouse-keepers shall give a provisional receipt for the quantities which are delivered to them.
The price shall be paid after it has been determined that the dross is fit for use.

ARTICLE 56.
Every purchaser of opium (be he individual or agent) shall, at the time when he effects his purchase, place a guarantee deposit in the hands of the warehouse-keeper, a sum which shall be equal to the official value of the dross contained in each kilogram of opium which shall be delivered to him.

ARTICLE 57.
This deposit shall be permanently forfeited by every purchaser who does not bring back the dross within a period of one month after the purchase of the opium. On the other hand, it shall be returned to each purchaser who brings back the dross. The amount received shall be proportional to the quantity and the quality of the dross thus brought back. It shall be returned at the same time that the price is paid for the dross thus brought back.

ARTICLE 58.
Government agents shall be authorized to place as guarantee deposits, as regards dross, only a half of the sum required in such cases from ordinary purchasers, pending a definite adjustment of the accounts at the end of each month.

CHAPTER II.
The Suppression (of the Traffic in Opium).

ARTICLE 59.
Every person importing opium without declaration, within two (2) myriameters of the coast, or into a port of Indo-China, shall be prosecuted and punished in conformity with the provisions of Article Fifteen (15) of the Law of Customs, dated March 17, 1817, Paragraph One (1) of Chapter Five (6) of the Law of August 22, 1791, and Paragraph Ten (10) of Chapter Teo (2) of the Law of the Fourth (4) Germinal, Year Two (2).

ARTICLE 60.
Any person who fraudulently brings in any opium, or attempts to do so, whether in the vicinity of the ports or on the coast of Indo-China, shall be prosecuted and punished in conformity with the provisions of Acts Two (2) and Four (4) of the Customs Law of June 2, 1873, Sections Thirty-four (84) and Thirty-seven (37) of Chapter Six (6) of the Law of April 21, 1818, Sections Fifty-one (61), Fifty-two (52) and Fifty-three (53) of Chapter Five (5) of the Law of April 28, 1816.
The opium seized on importation'shall be valued according to the net official price of sale at the warehouse (entrepot). That value, which shall fix the cost of the fine, when it exceeds the minimum provided by law, shall serve as a basis by which to determine the imprisonment.
Whenever the opium which has been seized is found to be unfit for use by the Excise, it shall be destroyed. Its value shall be fixed at one-half the net official price of sale at the entrepot, in order to determine the amount of money to be confiscated and to be divided among the concerned.

ARTICLE 61.
Importation of contraband opium on the frontiers shall be prosecuted and punished, according as it has been done by three persons or more, up. to six, or by three persons at most if on horseback, or by more than six on foot, in conformity with the sense of Articles Forty-one (41), Forty-two (42) and Forty-three (43) of Chapter Five (5) of the Law of April 28, 1816, and of that of June, 1875, if applicable in the first case; by reason of the sense of Articles Forty-one (41), Forty-two (42) and Forty-four (44) of the Law of April 8, 1816, and of that of June 2, 1875, in the second case; and in the third case by the application of Articles Forty-eight (48), Fifty-one (51), Fifty-two (52) and Fifty-three (53) of the Law of April 28, 1816, Articles Thirty-seven (37) of that of April 21, 1818, and Article Four (4) of that of June, 1875.

ARTICLE 62.
Transportation by vessel, vehicle or railway, of contraband opium, accomplished within the jurisdiction of the Customs, calls for the application of Articles Forty-eight (48), Fifty-two (52) and Fifty-three (53) of Chapter Five (5) of the Law of April 29, 1816, Article Thirty-seven (2) of Chapter Six (6) of the Law of April 21, 1818, and Articles Three (3) and Four (4) of the Law of June 2, ISM

ARTICLE 63.
Whosoever has in possession contraband opium within the jurisdiction of the Customs, shall be prosecuted and punished in conformity with Article Thirty-eight (38), Paragraph Four (4), of Chapter Four (4), and Articles Forty-one (41) and Forty-two (42) of Chapter Five (6) of the Law of April 28, 1816, and Article Three (3), of the Law of July 5, 1836.

ARTICLE 64.
In case of the discovery of contraband opium (within the jurisdiction of the Customs abandoned by any person or persons unknown), the opium shall be seized, charges shall be formulated against the person or persons unknown, and the confiscation of the opium shall be requested of the courts, which shall always decide in favor of the Excise.

ARTICLE 65.
The carrier of contraband opium, whose owner is unknown, shall be held personally responsible for the violation of the law.

ARTICLE 66.
Any individual who shall manufacture or shall have manufactured opium, or shall have mixed with the Excise opium any substance, of whatsoever nature it be, shall be punished by a fine of from five hundred (500) to two thousand (2,000) francs, and by imprisonment of from two (2) months to three (8) years.
The opium thus seized, the utensils used or having been used in its manufacture, and the receptacles containing the seized opium, shall be confiscated.
In case of repetition of the offense, the maximum fine shall be levied and the minimum of imprisonment increased to six (6) months.

ARTICLE 67.
Any person not an authorized government agent, who is found in possession, without regular authorization, of any opium other than that of the Excise, shall be punished by a fine of from one hundred (100) to one thousand (1,e60) francs, and by imprisonment of from two (2) months to three (8) years. The opium shall be confiscated.
In case of repetition of the offense, the maximum fine shall be paid and the minimum of imprisonment increased to six (6) months.

ARTICLE 68.
The peddling, sale or gratuitous distribution by any one, of opium other than that of the Excise, or of dross, pure or mixed, shall be punished by a fine of from. five hundred (500) to two thousand (2,000) francs, and by imprisonment of from two (2) months to three (3) years. The opium and dross shall be confiscated.
In case of repetition of the offense, the maximum fine shall be levied, and the minimum of imprisonment increased to six (6) months.

ARTICLE 69.
Every sale of Excise opium by a non-authorized person shall be punished by a fine of from five hundred (500) to two thousand (2,000) francs, and by imprisonment of from fifteen (15) days to three (3) years, or by one of these penalties above.
In case of repetition of the offense in the same year, the penalty of imprisonment must be inflicted.
The opium seized and the vessels containing it shall always be confiscated.

ARTICLE 70.
In the cases of fraud provided against in Articles Fifty-nine (69) to Sixty-nine (69) inclusive above. the Excise shall always have the right to damages, whose value shall not be . less than five times the value of the material involved, at the official price of Excise opium.

ARTICLE 71.
Any seizure of opium, belonging to an unknown person, who has fled, shall be legalized by a citation against the unknown, and the confiscation of the opium shall be made by the Court at the request of the Bureau of Customs and Excise.

ARTICLE 72.
Any governMent agent or functionary who shall have exposed for sale non-standard opium, or pure or mixed dross, or who shall have counterfeited the Excise marks, or who shall have sold opium at a price above the official price, shall be immediately discharged, without prejudice to criminal prosecution which may be instituted against him under the Penal Code.

ARTICLE 73.
Any retail agent or warehouse-keeper who shall have in his possession or expose for sale any opium except the Excise opium, shall be punished by a fine of five (6) francs per gramme of seized opium: provided that the fine shall be not under two hundred (200) francs, however small the quantity of opium may be, and by imprisonment of from one (1) month to three (3) years.
The opium seized and its containers shall be confiscated.

ARTICLE 74.
Any retail warehouse-keeper not provided with a license who makes a retail sale shall be punished by a fine of from five hundred (600) to two thousand (2,000) francs.

ARTICLE 75.
Any retail warehouse-keeper or keeper of an opium depot who omits or declines to give regular receipts for the amounts received from the salts of opium, or who does not sign for these sales on the books of the agents, shall be subject for each omission or refusal to a fine of from fifty (60) to two hundred (200) francs.

ARTICLE 76.
Every retail dealer or keeper of any opium depot, who has opened the boxes, containers or packets containing the Excise opium, or removed the seals thereof and mixed with that opium substances of whatsoever nature, or who shall have counterfeited the stamps of theExcise, shall be punished by a fine of from five hundred (500) to three thousand (3,000) francs, and by imprisonment of from three (3) months to five (5) years, without 'prejudice to the criminal prosecution which may be undertaken under the Penal Code.

ARTICLE 77.
The retail warehouse-keeper must, under penalty of a fine of from twenty-five (25) to one hundred (100) francs, for each offense, act in conformity with the regulations and instructions of the Excise Service. These fines shall be officially levied by the Director of Customs and Excise, subject to an appeal to the Governor-General.
Every retail agent who shall be convicted of having sold opium above the price, fixed by the administration, or who shall have placed on sale dross, pure or mixed, shall be punished by a fine of from five hundred (600) to two thousand (2,000) francs, and by imprisonment of from eight (8) days to six (6) months.

ARTICLE 78.
The wholesale warehouse-keeper shall be subject to the penalties provided for the retail agents or keepers of opium depots, in the cases provided against in Articles Seventy-three (73), Seventy-four (74), Seventy-five (75), Seventy-six (76) and Seventy-seven (77) above; when they shall have been guilty of the offenses and crimes indicated in those articles.
Administrative fines, varying from ten (10) to five hundred (500) francs shall in addition be levied on them for violation of the regulations pertaining to the traffic in opium, or for failure to fulfill their contracts, besides the damages to which they are liable, if the case goes against them, if injury is caused by them or their agents to the Bureau of Customs and Excise.

ARTICLE 79.
Any Excise opium which shall be found in the possession of an agent, in receptacles other than those of the Excise, or in receptacles not marked with the official mark, shall be confiscated and the offender punished by a fine of from one hundred (100) to one thousand (1,000) france.
In case of repetition of the offense in the same year, he shall- be punished by the maximum penalty and his license shall be taken away.

ARTICLE 80.
Any agent who shall have sold opium other than Excise opium; or who shall have mixed with it any substance whatsoever, shall be punished by a fine of from five hundred (500) to two thousand (2,000) francs, and by imprisonment of from fifteen (15) days to three (3) years. The contraband or mixed opiums shall be confiscated, as shall be also their containers.

ARTICLE 81.
The agent who shall have counterfeited the stamp of the Excise shah be punished with the penalties indicated in Article Seventy-six (76) above, and in addition his license shall be taken away.

ARTICLE 82.
Any agent who shall provide himself with opium from any depot other than the one indicated by the Excise or by the' "factors general," shall be subject to a fine of from one hundred (100) to five hundred (500) francs.

ARTICLE 83.
In case of the frauds provided against in Articles Seventy-nine (78), Eighty (80), Eighty-one (81) and Eighty-two (82) above, the Excise Bureau shall always have the right to damages, whose value shall not be below five (5) times the value of the material involved in the fraud, calculated at the official price of Excise opium.

ARTICLE 84.
The keepers or patrons of places for smoking opium, or opium-houses, shall be responsible for the violations of this law committed on their premises.

ARTICLE 85.
The retail agents, proprietors or patrons of places for smoking opium, or opium-houses, must, under penalty of a fine of from twenty-five (26) to one hundred (100) francs, for each violation, act in strict conformity with the regulations and instructions of the Excise Service. These fines shall be levied by' the Director of Customs and Excise, subject to an appeal to the Governor-General.

ARTICLE 86.
The retail warehouse-keepers, wholesale vendors, retail agents and proprietors of opium-houses of all sorts, shall be under the Bureau of Customs and Excise.

CHAPTER III.
Sundry Provisions.

ARTICLE 87.
Provisionally and until the application of a special law to the opium culture, the Yaos or Meos who devote themselves in Laos to its cultivation, shall have, after having made a declaration to the Commissioner of the Territory, the right to smoke the opium gathered by them from their ow n grounds, with the proviso that, if there be an excess, it shall be sent to the Excise Bureau of Luang-Prabang, which shall pay for it at the mean price of preceding purchases.
Any peddling of or other traffic in that opium shall be considered a contraband act.

ARTICLE 88.
Europeans who shall desire to devote themselves to the cultivation of opium at any place in Indo-China, must obtain the authorization of the government, which shall fix, after consulting with the Bureau of Customs and Excise, the special conditions in regard to the exploitation and sale of the opium produced.

ARTICLE 89.
The special provisions and conditions in the contracts in force at the present time, for the sale of opium in Annam and Tonkin, shall remain in force until the expiration of the contracts, unless those concerned request the modifications necessary to make them conform to the regulations laid down in the present law.

ARTICLE 90.
Whenever the opium exposed for sale by the agent does not appear to be exactly identical with that of the Excise, the employees of the Customs and Excise must take samples of it, which shall be placed under seals and sent to the factory to be examined by experts.
The same proceeding shall be followed in case of any seizure of foreign opium or of a substance supposed to contain opium other than that of the Excise, in order to submit it to the necessary examinations and analyses.

ARTICLE 91.
Pecuniary penalties for the same crime of fraud in regard to opium against several persons, shall be conjoint.

ARTICLE 92.
Sales of confiscated articles other than opium shall be made by the Excise.

ARTICLE 93.
The sale prices of opium by warehouse-keepers and agents, as well as the prices of licensees and their classes, and the price of the books (Art. 47), shall be fixed by special orders of the Governor-General.

ARTICLE 94.
All former Acts conflicting with this Act are hereby rescinded.
Contracts now in force in Annam and Tonkin shall remain in force until their expiration, provided that those interested may claim the benefit of this Act.

ARTICLE 95.
The Lieutenant-Governor of Cochin-China, the Residents Superior in Annam, Tonkin and Cambodia, the Commandant Superior in Laos, the Attorney-General, and the Director of Customs and Excise, shall be charged, each in his own department, with the carrying out of the present law.
Saigon, February 7, 1899.
By the Governor-General:

A. FREZOULS,
Director of Customs and Excise of Indo-China.
The Governor-General of Indo-China, Officer of the Legion of Honor—

Having considered the Ordinance of April 21, 1891;
The Ordinance of July 31, 1898, creating the general budget for Indo-China;
The Regulations of September 16, 1898, concerning the administrative procedure in the matter of indirect taxation in Indo-China;
The Regulations of February 7, 1899, concerning opium in Indo-China;
The Regulations of September 27, 1899, concerning dross in Indo-China;
The Regulations of September 28, 18..', fixing the official -rice of sale of dross, beginning January 1, 1900;
The Regulations of September 6, 1901, fixing, to begin October 1, 1901, the official price of sale for each country in Indo-China and for the exportation of high-grade opium, ordinary Benares opium and Yunnan opium, on the motion of the Director-General of Customs and Excise in Indo-China.

The Permanent Commission of the Superior Council of Indo-China having been consulted,
Decrees:

Beginning June 1, 1903, the official price of sale in Indo-China of high-grade opium, of ordinary Benares opium and of Yunnan opium is fixed as follows:

ARTICLE 2.
No opium other than those varieties indicated in the table above given shall be placed on sale without the express authorization of the government.

ARTICLE 3.
The price of sale to the consumers by the agents in Cochin-China and Cambodia, and by the warehouse-keepers and agents in Annam and Tonkin, must be greater than that given in Tables I, II and III of the preceding Ordinance.

ARTICLE 4.
The transportation of more than twenty (20) grams of dross by any person is prohibited, unless special authority shall have been obtained from the Bureau of Customs and Excise.

ARTICLE 5.
The sale or delivery of all dross, pure or mixed with other substances, is likewise prohibited, unless special authority shall have been obtained from the Bureau of Customs and Excise.

ARTICLE 6.
Violations of the law concerning dross, provided against- in Article Five (5) above, shall furnish occasion for inflicting the penalties provided for fraud in the matter of opium.

ARTICLE 7.
The Excise shall purchase the dross derived from the opium sold by it at a price fixed by the Director-General of Customs and Excise under conditions ordered by him.
ARTICLE 8.

All other former regulations concerning the handling of dross and the placing of the product on sale by the Excise, are hereby rescinded.

COLONIAL SECRETARY'S OFFICE,
Singapore, January 7, 1904.

SIR,
With reference to your letter of the 9th ultimo, I am directed to forward the enclosed copy of The Opium Ordinance, 1894, as revised to date, together with copies of the Rules and Regulations made thereunder.
I have the honor to be,
Sir,
Your obedient servant,
E G. BROADRICK, Acting Colonial Secretary, Straits Settlements.
The Consul General for the United States of America,

SINGAPORE.
NOTE—The ,Acting Inspector-General of Police, S. S., in a letter dated Singapore, January 18, 19o4, to E. C. Carter, Esq., care Consul for the United States of America, Singapore, in reply to a communication asking for information as to the number of offenses committed under the Opium Ordinance in Singapore during the past three years, says: "I have the honor to inform you that in 1900 42 cases were arrested and disposed of by the Police Magistrate in Singapore; in 1901, 467 cases; and in 19o2, 116 cases."

STRAITS SETTLEMENTS.
"THE OPIUM ORDINANCE 1894."
ORDINANCE NO. IX OF 1894."
An Ordinance to consolidate and amend the law for collecting a Revenue of Excise on Opium and the Preparations thereof.
C. B. H. MITCHELL,
Governor and Commander-in-Chief.

It is hereby enacted by His Excellency the Governor of the Straits Settlements with the advice and consent of the Legislative Council thereof as follows:-
1. This Ordinance may be cited as "The Opium Ordinance 1294" operation on a day to be fixed by Order of the Governor in Council.
2. The enactments specified in the First Schedule shall be repealed to the extent therein mentioned, but all Rules made under any enactments to repealed shall continue in force until superseded by Rules made under this Ordinance.
3. In this Ordinance—

"Opium" means any kind of opium not • prepared for smoking, chewing, or eating, and includes the leaves or wrappings in which opium balls have been wrapped.
"Chandu" means any preparation of opium or any preparation in which opium forms an ingredient, which preparation is used or intended to be used for smoking, chewing, or swallow- ing, and includes chandu dross, but does not include any of the alkaloids or salts of the alka- loids of opium.t
"Chanduf dross" means the refuse of chandu, which has been used for smoking, whether re-prepared for use or not.
"Import," With its grammatical variations and cognate expressions, means to bring or cause to be brought into a Settlement either by land or by sea.
"Export," with its grammatical variations and cognate expressions, means to take or cause to be taken out of a Settlement either by land or by sea.
"Chest" means a package with the opium contained in it of the size and character generally used by merchants for the importation of opium.
"Ship" means any steam or sailing vessel, junk boat, sampan or any kind of craft used for the conveyance of persons or things by water.
4. Except as hereinafter provided the exclusive right of making, preparing, selling and retailing chandu and of selling opium in smaller quantities than one chest at each Settlement shall be vested from time to time in such person or persons as the Governor may license for that purpose, as Farmer, after sale, either public or private, of such exclusive rights and on such conditions as shall seem proper for securing the due payment of the rents and revenues for the said rights, for providing equitable arrangements for the management of the Opium Farm, for regulating the quantity of chandu manufactured, and the price at which it is to be sold to the public, and for the transfer of the stocks of machinery and opium and chandu in the possession of the Farmer at or near the end of his term of exclusive rights to the next succeeding Farmer.
5. The exclusive rights granted under this Ordinance as regards any Settlement shall be called "the Opium Farm" of that ,ettlement, herein referred to as "the Farm," and the person or persons in whom the said exclusive rights may for the time being be vested shall be called the "Opium Farmer" of that Settlement, herein referred to as "the Farmer."
6. (x)—No person in whom such excusive rights may be vested shall be entitled to use such rights until he has entered into a contract in writing with the Government in the form A No. x in the Second Schedule hereto, with such variations and additions (if any) as may be agreed on or the circumstances may require.
(2)—The Farmer shall give such security as may seem to the Governor to be sufficient for the due fulfilment of his contract by mortgage of movable or immovable property or otherwise, and any such mortgage may be in the form A No. 2 in the Second Schedule hereto, or to the like effect, with such variations and additions (if ally) as the corcumstances may require.
(3)—The Governor may at any time take, sell, dispose of and realize and transfer by con- veyance, to be executed by the Colonial Secretary, all property so mortgaged as aforesaid or pledged or deposited as security under this section, without action, suit, or other legal proceeding, and apply the same or the proceeds of sale thereof, or so much thereof as may be required to liquidate any arrears of rent or any fines, penalties, forfeitures, damages, or losses which may arise or exist against the Farmer during, at, or after the end of his term, whether the same shall be due to Government or to the incoming Farmer.
Provided that no such fines, penalties, forfeitures, damages, or losses shall be chargeable against the Farmer till the same shall have been sanctioned in writing by the Governor.
7. !It shall be lawful for the Governor in Council, by order, from time to time, to fix the prices at which cbandu may be sold by retail within the Colony, or within any district thereof, to be defined in such order, and from time to time to alter and vary the same.
8. All rents and other payments due by the Farmer or other person under any contract made under Section 6 shall be deemed to be debts of record due to Her Majesty, and shall be recoverable at the suit of the Attorney-General in manner provided by "The Crown Suits Ordinance x876."

As amended by the Opium Ordinances No. XIII of 1843, No. IX of 1 goo, No. XXXVI of 002, and No. XIX of x oo3.
tSubstituted for original definition by Ordinance XIX of 1403.
!Substituted for the word "Opium" by Ordinance IX of l000.
!This section was inserted by Ordinance IX of istoo.

9. •It shall be lawful for the Governor from time to time to appoint in each Settlement an officer to be called "the Superintendent of the Excise Farms" (hereinafter referred to as the Superintendent), and such other officers as may be necessary for carrying into effect the provisions of this Ordinance, and for the supervision and control of the importation and exportation of opium and the manufacture and sale of chandu in such Settlement.
The Superintendent shall have and exercise in each Settlement all the duties and powers of the Licensing Officer under this Ordinance.
10. t(x)—Opium shall not be imported or exported by sea except into or from one of the ports defined under "The Harbours Ordinance 1872."
(2)—Opium shall not be imported or exported by land nor exported in any junk or other sea-going Chinese vessel, except under and in accordance with such regulations prescribing the quantity, the route by which it is to travel, and the security to be given, and such general regulations as may be issued by the Governor in Council.
(3)—The Governor in Council may from time to time prohibit the export of opium to any place, either absolutely or conditionally, or subject to such restrictions as the Governor may direct.
(4)—Chandu shall not be imported by any person into any part of the Colony.
(5)—Chandu shall not be exported by any person except the Farmer, nor shall the Farmer export chandu except under such conditions and restrictions as the Governor may from time to time prescribe.
11. tIf the farmer is guilty with regard to the export of any opium or chandu, of any breach of any regulation made under "The Registration of Imports and Exports Ordinance, x886," or of any other Ordinance or regulation for the time being in force, regulating the import and export of goods, he shall be guilty of an offense against this Ordinance, and shall be liable for every such offense to a fine not exceeding 5,000 dollars, and it shall be lawful for the Governor to put an end to the rights and privileges of the farmer under his contract and to dispose of them to other persons.
12. *The Governor in Council may from time to time approve and appoint warehouses or places of security, hereinafter called bonded warehouses, for the warehousing of imported opium, and may direct in what different parts or divisions of such warehouses or places and in what manner imported opium may be warehoused, kept and secured therein.
The Governor in Council may, from time to time, revoke such approval or alter such directions, and thereupon all opium warehoused in the warehouse or place in question shall be removed as the Governor in Council may direct.
Imported opium may be landed and deposited in such warehouses or places pending the delivery of the requisition and issue of the permit provided for in Section x9 (x). Any warehouse or place wherein imported opium is deposited under this section shall be at all reasonable times open to inspection by the Farmer or the Import or Export Officer or by the Superintendent or his Assistants, and shall be under the custody of a person or company approved by the Governor, who shall furnish in the first week of each month to the Superintendent a return in the prescribed form of all opium deposited in or removed from such warehouse.
13. The Superintendent may, from time to time, with the approval of the Governor, grant licenses for the storage of imported opium in places to be specified and numbered in such licenses, and hereinafter called licensed warehouses, and no opium shall be stored or kept in greater quantities than one chest in any place except a place so licensed or a bonded warehouse.
The person licensed to keep any such licensed warehouse shall at all times keep proper books in English, showing such particulars of all opium stored therein, and of all opium removed therefrom, as shall be prescribed by rules from time to time made under this Ordinance by the Governor in Council.
Any license granted under the provisions of this section may be cancelled by the Governor.
14. The Governor in Council shall have power from time to time to make Rules for any of the follow ing purposes:—
(a) To regulate the conditions upon which a license for a licensed warehouse may be granted, the management of such licensed warehouses, the description of building which may be licensed and the localities in which licensed warehouses may be kept;
(b) To limit the number of licensed warehouses;
(c) To fix the period for which such licenses shall continue in force;
(d) To fix the fee payable in respect of such license;
(e) Subject to the provisions of Section x3 hereof, to prescribe what books of accounts shall be kept by the holders of any such license, the manner of keeping the same, and the particulars to be entered therein;
(f) To require the holder of every such license to render, from time to time, correct accounts or returns of the opium received at and issued from the warehouse, and to prescribe the form of such accounts and returns and the times at which the same shall be rendered; and
(g) To prescribe penalties not exceeding five hundred dollars for the breach of any Rule made under this section.
All such Rules shall be laid on the table of the Legislative Council as soon as practicable, and shall be published in the Gazette and after fourteen days from the date of such publication shall have the same force and effect as if they were enacted in this Ordinance.
15. No chandu shall be prepared within the Colony except by the Farmer, and at such place or places in each Settlement as shall be approved as a chandu factory by the Governor.
This section was inserted by Ordinance XIX bf 1903.
tSubstituted for original section 8 by Ordinance XIX of 1903. ;This section was inserted by Ordinance XX XVI of 1902.
*Sections 12 to i8, inclusive, were inserted by Ordinance XIX of 1903.
16. The Governor in Council shall have power from time to time to make Rules:(t)—Prescribing what Woks of account shall be kept in English by the Farmer at the
chandu factory, the manner of keeping the same and the particulars to be entered therein; (2)—Requiring the Farmer to render from time to time correct accounts of returns—
(a) of the amount of opium from time to time received at such factory;
(b) of the quality and place of origin of all such opium;
(c) of the amount and quality of all chandu issued from such factory to the farm shops;
(d) of the amount removed from such factory for exportation;
(e) of the amount of chandu dross received nito such factory;
(f) of the amount and quality of chandu dross issued from such factory and the proportion of chandu mixed therewith.
(3)—To prescribe penalties not exceeoing five hundred dollars for the breach of any Rule made under this section.
17. It shall be lawful for the Government Analyst, the Superintendent and his Assistants, or such other officers as the Governor may from time to time appoint, at each Settlement, at all reasonable times-
(1)—To enter and inspect the chandu factory and every part thereof, and to inspect the processes of the manufacture of chandu and to take for analysis samples of every kind of chandu manufactured in such factory.
(2)—To inspect the books of account kept at such factory, and to take copies and extracts therefrom.
(3)—To inspect the stock of opium at such factory and the stock of chandu, and to compare such stock with the entries in the books of account.
18. The Fanner shall in the first week of every month make the following returns in English to the Superintendent:—
(a) of all opium purchased and stored by the Farmer;
(b) of all opium and chandu (it any) exported by the Farmer.
19. (x)—Every person importing opium by sea shall, before landing the same or any part thereof, deliver to the Import and Export Officer of the Settlement a requisition in form B in the Second Schedule hereto, giving the particulars therein required: whereupon the said Officer shall grant a permit in form C in the same Schedule authorizing the landing and storing of such opium, and shall forward to the Superintendent and the Fanner respectively copies of the permit.•
(2)—Every person moving opium for exportation shall, before moving the same, deliver to the Import and Export Officer of the Settlement a requisition in form D in the Second Schedule hereto, giving the particulars therein required; whereupon the said Officer shall grant a permit in form E in the same Schedule, authorizing the said opium to be moved and exported, and shin! forward to the Superintendent and the Farmer respective.. copies of the permit.•
(3)—Every person moving opium from one place to another in any Settlement shall, before moving the same, deliver to the Farmer a requisition in form F in the Second Schedule hereto, giving the particulars therein required; whereupon the Farmer shall grant a permit in the form G in the same Schedule, authorizing the said opium to be moved, and shall forward to the Superintendent copies of such permit.*
(4)—Every such requisition as is required by sub-sections (1) and (2) shall contain the full name and address of theperson making such requisition. If the person making such requisition be unknown to the Import and Export Officer, the Import and Export Officer may withhod the permit, and shall forthwith give notice of the requisition to the Farmer.
If the Import and Export Officer shall not be satisfied that the person making such requisition is a bona fide dealer in opium, he may require security in a sum not exceeding the value of the opium referred to in the requisition. that the opium will be landed and stored, or exported or moved in accordance with the terms of the requisition to be given to him.
(5)—In the event of the arrival at or departure from any of the Settlements of any steam vessel carrying opium at any time when the Office of Imports and Exports is closed or may be closed before application for a permit can conveniently be made at such Office, it shall be lawful for the Agent of the said steam vessel to land or ship any opium without a permit and to deliver any opium so landed to the owners or consignees thereof or to keep the same in his own custody; but so soon thereafter as the Omce of Imports and Exports is opened for business the said Agent shall apply for the necessary permit by requisition showing the particulars above required.
20. tEvery person importing or storing opium, including the Farmer, shall keep a register in English showing—
(a) The chests imported by him and the date of importation;
(b) The description marks and numbers of such chests or other sufficient details for identifying the opium;
The date and manner of the disposal of such opium and the persons to whom such opium was sold or disposed of.
Such Register shall at all times be open to inspection by the Superintendent or any of his Assistants, and by the Import and Export Omcer of the Settlement.
21. (0—The master of every ship which arrives at any Settement having on board any opium in less quantity than one chest or in parcels of less than one chest, shall forthwith on the arrival of the ship deliver a requisition in form B in the Second Schedule hereto, giving the particulars therein required at the Office of Imports and Exports, or if the said Office be not at the time open for business, then at the Chief Police Station of the Settlement.
The words in italics were,added by Ordinance XIX of 1903. t This section was added by Ordinance XIX of x903.

W.—Forthwith on the receipt of such notice the Import and Export Officer or the Chief Police Officer at the said Station as the case may be, shall grant a permit in form C.` in the Second Schedule hereto addressed to a Police Officer authorizing and requiring him to proceed forthwith on board the ship and take possession of the said opium and bring the same to a bonded warehouse or to the Station as the case may be, there to be kept until exported or ,sold to the Farmer, and such order shall be carried out accordingly.
(3)—If and when it is desired to export the said opium, the owner or his agent shall deliver to the Import and Export Officer a requisition in form D in the Second Schedule hereto, giving the particulars therein required, whereupon the said Officer shall grant his permit in form E in the same Schedule authorizing the export.
22. t(x)Whenever any ship arrives at any of the Settlements of the Colony having on board any chandu or chandu dross not entered on the ship's manifest, it shall be the duty of the master of such ship to seal the same up and to keep the same sealed up during the whole stay of the steamer in port, and he shall, on demand, give to the farmer a list or bill of particulars of all chandu and chandu dross on board.
Provided always that if it appears 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 sea-stores he shall be at liberty to take proceedings under this Ordinance.
(s)—The master shall at all times permit the farmer or his agent to inspect the chandu and chandu dross so sealed up as aforesaid and to compare the same with the list or bill of particulars furnished under sub-section (I) of this section.
23. 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 chandu not carried as ship's storest is found in any ship at any Settlement two haurst after the anchoring, mooring, or staying of the ship within such Settlement, without a requisition having been delivered to the Office of Imports and Exports or to a Police Station, as provided in Section 21 hereof,' or that the chandu on board of the ship, on her arrival in the Settlement, where the proceeding is taken and alleged to be part of the sea-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 shin's voyage, either of such facts shall be taken as prima facse evidence from which tne Magistrate may infer that the same was unlawfully imported.
24. (x)—Any ship which shall be used for the importation, landing, removal, carriage or conveyance of any chandu contrary to the provisions of this Ordinance, shall be forfeited, and may be seized and detained 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 Ordinance 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 Attorney-General under "The Crown Suits Ordinance 1876."
(q)—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 security as he shall think sufficient or without security.
25. (x)—Every person who shall be desirous of exporting or of selling for exportation opium in less quantity than one chest shall deliver 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 specified 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 cause the said opium to be delivered to the person who is to export the same, and shall grant to such person a permit in form E in the same Schedule.
28. (0—No permit for the exportation of opium in less quantity than one chest or for the exportation of chandu imported under section twenty-two shall be granted till the ship in which the same is intended to be exported shall be ready to -roceed to sea.
(2)—Every person who shall receive such permit shall, upon receiving the same within the time named therein, cause such opium or chandu to be conveyed to and 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 chandu, shall deposit the same forthwith in the Farm Office or in the Office of Imports and Exrts, 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.
(3)—It the departure of such    be delayed beyond one day the person who shall have
received such permit shall give notice of the same at the Office of Imports and Exports, and if the ship does not finally -roceed on the voyage the opium or chandu shall forthwith be re-landed 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.
27. Every permit shall, before being used or acted upon, be presented at the Farm Office, and thereupon the Farmer or his Agent shall forthwith countersign the same, provided always that if the Farmer or his Agent be of opinion that the quantity of opium proposed to be exported 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 Colonial Secretary or the Resident Councillor requiring him to sign such permit.
The words in italics were substituted by Ordinance XIX of 1903. tSubstituted for original section by Ordinance XIX of 19o3.
*The words in italics were inserted by Ordinance XIX of 1903.
28. No fees shall be charged for any permit required by this Ordinance to be granted by the Officer of Imports and Exports or for the signature thereto of the Farmer or his Agent.
29. No person except the Farmer shall sell or offer for sale, and no person shall buy except from the Farmer, or shall have in or receive into his possession, custody, or control, except in accordance with the provisions of this Ordinance, opium in any quantity less than one chest.
30.* ( x )—No person except the Farmer shall make or prepare chandu, or shall sell or offer for sale or permit to be sold or offered for sale, or shall buy or have in or receive into his possession, custody or control any chandu other than such as shall have been purchased from the Farmer of the then current year or from an Opium Farm shop-keeper of the Settlement of the then current year (the onus of proof of which purchase shall rest upon such person). Provided always that no person who may have bought any chandu from the out-going Farmer 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 noon on the third day after the commencement of the new Farmer's privileges, and provided also that nothing herein contained shall make it an offense for any person to have in his possession any chandu dross produced by him from lawfully purchased chandu.
(2)—Nothing in this section contained shall apply to chandu on board a ship arriving at a port in any Settlement as sea-stores or as part of her cargo carried for importation at some port not being a port of the Settlement.
31. Every person selling chandu under this Ordinance shall, if so required by the purchaser, deliver therewith a certificate setting out the full name and place of residence, quantity of chandu sold, the 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, and any person refusing 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.
32. Every person who shall aid, abet, procure, or be interested or concerned in, or knowingly derive any profit from the importation of any chandu, contrary to the provisions of this Ordinance, shall be liable for the first offense 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 offense 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 offense to a fine not exceding five thousand dollars, or to imprisonment of either description for any period not exceeding twelve months, or to both fine and imprisonment.
33. The Farmer shall be at liberty at any time not exceeding five times in each month to demand in writing from any person having opium in his possession, custody or control, an account in writing of the opium so held at the time of such demand, and of the marks and numbers upon the chests containing the same, and the Farmer or His Agent may also at any time between the hours of six in the morning and six at night, but not oftener than five times in each month, enter the premises where such opium is stored, and inspect the same, and any person refusing to give such account or without reasonable cause shown to permit such entry, or giving a false or incorrect account, shall be liable to a fine not exceeding five hundred dollars.
34. tAll the powers of entry, search and inspection given by this Ordinance to the Farmer may be exercised at any time by the Superintendent or by the Import and Export Officer of the Settlement.
35. If on search authorized under this Ordinance any opium is found to have been imported contrary to the provisions thereof, or to be missing from the place in which it was stored on importation or from the place where, according to permits, it ought to be found stored, the person in whose possession such opium so imported may be found, or in whose name such opium so missing shall have been so stored, shall be liable to a fine not exceeding five hundred dollars for every chest of opium which shall be found to have been so imported or to be so missing.
30. The foregoing provisions of this Ordinance shall not apply to the importation, preparation or; sale of opium for medical purposes by or on behalf of the Imperial or Colonial Government. or* by an medical practitioner, chemist or druggist registered as a person quali- fied to sell poisons undey r any law for the time being in force in the Colony providing for the registration of persons so qualified, nor in the absence of such law to any sale by any person for the time being authorized in writing by the Chief Medical Officer of the Settlement to sell opium for medicinal purposes, or to any opium in the medicine-chests of ships in reasonable quantity.
*Provided always that every person authorized as aforesaid to sell opium for medical purposes shall at all reasonable times furnish in writing any explanations which may be demanded of him in writing by the Farmer, and shall at all times keep a true and accurate Register of all opium and chandu imported by him, showing the date and description of each importation and the quantity imported, and also of the aggregate quantity of opium other than opium comprised in any patented medicine made up andpatented in the United Kingdom, used in his busines each week by being compounded in medicine, and also of each sale of uncompounded opium for medical purposes, with the date thereof, the quantity and description sold, the name and address of the purchaser, a reference to the prescription (if any), and whether sold for exportation or not.
It shall be lawful for the Farmer or any Agent appointed by him in writing, or any
This clause was substituted by Ordinance XIII of 1895 as amended by Ordinance IX of 1900.
-)This section was inserted by Ordinance XIX of 1003.
tThe words in italics were inserted by Ordinance IX of 1900.
!The words from here to the end of the section were added by Ordinance IX of 1900.
Police Officer above the rank of Sergeant, at all times, during the hours of business, to inspect any Register kept under the provisions of this section, and to take copies and extracts therefrom.
(2)—Whoever being a person entitled under this section to sell opium for medicinal purposes-
neglects or refuses to give any information lawfully required of him by the Farmer; or
(b) fails to keep any Register which he is required to keep or to make any entry therein which he is required to make under this Ordinance, or wilfully makes any false entry therein; or
(c) prevents, refuses to permit or obstructs the lawful inspection of any Register kept by him under this Ordinance or the taking of any extracts or copies therefrom; shall be liable to a fine not exceeding one hundred dollars.
37. (z)—Any person desirous of keeping a shop for the sale by retail of chandu, otherwise than is hereinbefore provided, may apply to the Licensing Officer for a license, and such Licensing Officer shall give notice of every such application to the Farmer, and subject to the consent of the Farmer may, provided he consider the applicant a proper person and the premises where he proposes to carry on such sale suitable for that purpose, grant a license in the form H in the Second Schedule hereto, for the period of one year, or for any lesser period in months, authorizing such person to sell by retail chandu upon the premises in such license described.
(a)—Any shop so licensed as aforesaid shall be called an "Opium Farm Shop," hereinafter referred to as a "Farm shop," and shall be registered in a book to be kept by the Licensing Officer for the purpose, and "Farm shops" shall be only in such numbers and in such situations as the Licensing Officer shall, with the approval of the Governor, determine.
(3)'—Any license granted under sub-section (t) hereof may be either for the sale by retail of chandu or for the sale by retail of chandu dross only, and if for the sale by retail of chandu dross only, the license granted in the form H in the second Schedule hereto shall be modified accordingly.
(4)t—No chandu shall be sold to the public by the Farmer or by any keeper of an Opium Farm shop at a higher price than that fixed by the Governor in Council, under Section 7.
(5)I—Every keeper of an Opium Farm shop shall at all times during which his shop is to be open, in accordance with the Rules made by the Licensing Officer, sell chandu in packets containing three bun, or four bun, and in no other manner immediately on application for the same. Every suchpacket of chandu for sale shall be distinctly stamped in Chinese as con- taining three hun or four him, as the case may be.
38. (1)—A copy of the Rules for the time being in force made under Section Forty shall be printed in the English, Malay, Chinese and Tamil languages on the back of every such license, and the applicant shall sign his name or make his mark in the presence of the Licensing Officer or his Clerk, on a printed copy of such Rules, in English, Malay, Chinese and Tamil, and such printed copy so signed or marked as aforesaid shall be posted in a conspicuous. place in the apphcant's Farm shop.
(2)—The Farmer shall supply, free of charge to every Farm shop-keeper, a signboard of such size and beating such inscription as may be prescribed by the Licensing Officer, and such signboard shall be kept affixed to the Farm shop in a conspicuous place at the entrance thereof.
89. A fee, according to a scale to be fixed for the time being by order of the Governor in Council, but not exceeding the rate of fifty* dollars per annum for every such license, shall be paid to the Licensing Officer, who shall pay the same into the Treasury.
90. (0—The Licensing Officer at each of the Settlements shall, from time to time, with the approval of the Governor, make Rules for the management of Farm shops and for maintaining cleanliness and order therein, and such Rules may prescribe, amongst other things—
(a) the times for opening and shutting the shops;
(b) the signboards or other distinctive marks to be conspicuously exhibited outside such shops; and
(c) the locality slid means of access to the shops from the street or road.
(d) *The books of account to be kept by farm shop-keepers and the entries to be made therein.
(3)—Such Rules, when made, shall be published in the Gazette.
41. The Inspector-General of Police, the Chief Police Officer of the Settlement, and all Police Officers not being under the rank of a Sergeant, and Revenue Officers having a general authority in that behalf from the said Chief Police Officer, may at all times enter and examine any Farm shop or any shops purporting to be such licensed shops, and inspect the books and stock of articles therein exciseable under this Ordinance.
42. The licensing Officer at eacn of the Settlements may, with the sanction of the Governor, cancel the license of any Farm shop-keeper.
43. 1(i)—Whoever commits any of the following offenses shall be liable to a fine not exceeding one hundred dollars:—
(a, opens or keeps a house or shop for the sale by retail of chandu without a license,
or without exhibiting a signboard in manner hereinbefore provided.
•
•This sub-section was added by Ordinance XIII of 1895.
tThis sub-section was added by Ordinance IX of xgoo as amended by Ordinance XIX of 1903.
IThe word in italics was substituted by Ordinance XIX of 1903.
*This clause was added by Ordinance XIX of 1903.
(This clause was substituted by Ordinance IX of 1900.

(6) sells by retail, or offers for sale by retail, any chandu elsewhere than in the Farm Office or an Opium Farm snop, or at a higher price than that fixed by the Governor in Council, under Section 7 hereof.
(c) sells or exchanges chandu otherwise than for current coin.
(d) sells or delivers to any European or Native soldier opium or chandu without having any authority in writing from the Commanding Officer of such soldier.
(e) knowingly permits any person other than an adult male Chinese to smoke chandu in an Opium Farm shop.
(f) knowingly permits any armed person to be in an Opium Farm shop.
(g) commits a breach of any of the Rules made for the management of an Opium Farm shop.
(it) knowingly permits or suffers any female or child, not being the shop-keeper or wife
or child of the shop-keeper, to enter or remain in an Opium Farm shop.
being a keeper of an Opium Farm shop, neglects, refuses or wilfully delays, at any time during which his shop is to be open, in accordance with the Rules made by the Licensing Officer, to sell chandu to any person lawfully demanding the same immediately on application for the same.
(2)—Whoever knowingly sells any chandu of a quality inferior to the standard last notified in the Government Gazette as the standard of the chandu to be sold by the Farmer, shall De liable to a fine not exceeding one thousand dollars.
44. No opium or chandu shall be sold or disposed of by the Farmer or any Farm shop'eeper so as to authorize the use of such articles at any time after noon of the third day after she termination of the Farm, under a penalty of one thousand dollars.
45. (z)—The Farmer at each Settlement shall have an Offi-e for conducting the business of his Farm, to be called the Farm Office, which shall be situated in such place as may be approved of by the Licensing Officer, with the approval of the Governor, and shall be kept open for business every day in the year from 6 a. m. till 6 p. m.
(2)—The Farmer shall have in attendance at such Office during such business as aforesaid a person duly authorized to act for him as his Agent, who shall be held to represent the Farmer for the purposes of the duties imposed on the Farmer by this Ordinance. The appointment of every such Agent shall be subject to the approval of the Governor.*
(3)—Every place other than such office at which the Farmer shall retail chandu must be licensed under Section Thirty-seven hereof.
48. All applications to and service of all notices and process for the Farmer relating to matters connected with the Farm may be directed to the Farmer without giving the name of any person, and shall be made or served at the Farm Office betwen the hours of 6 a. m. and 6 p. m. on any day in the year, Sundays and public holidays included.
47. In every case in which the Farmer shall commence proceedings against any person for an offense under this Ordinance, and the proceeding shall not be further prosecuted, or in which, if further prosecuted, it shall appear to the Magistrate by whom the case shall be heard, that there was no sufficient ground for the prosecution, it shall be lawful for the Magistrate, on the complaint of the person proceeded against, to award to him such amends as may seem -fit, not exceeding in the whole the sum of one hundred dollars, to be paid by such Farmer.
48. The Farmer shall not, either by himself or by the means of any other person, take from any person, or on account of any -serson who may have committed, or may be suspected of or charged a ith having committed, a breach of any of the provisions of this Ordinance, any sum of money or any goods or chattels or other consideration whatsoever, as a compromise, reward or payment for not prosecuting such person.
49. (0—The Farmer shall, one month before the end of his term of exclusive rights, give public notice in the form I in the Second Schedule hereto, that the said term is to expire on the day named in such notice, which shall be the last day of his exclusive rights, and that no opium or chandu purchased from him or from any Farm shop-keeper can be used without the consent of the new Farmer after noon of the third day next after such date.
(2)—Such notice shall be printed in the English, Chinese, Tamil and Malay languages, and the Farmer shall supply copies thereof to every Farm shop-keeper who shall exhibit the notice in his Farm shop in a conspicuous y lace, so as to be plainly visible to every person entering such Farm shop.
50. Every fine imposed on the Farmer under the provisions of this Ordinance, if not paid at the Court when the same may be imposed, may be recovered by the immediate sale of any property mortgaged, pledged or deposited with Government by the Farmer and his sureties under the Farmer's Contract with Government.
51. f 0—The Licensing Officer at each of the Settlements may grant his warrant in form F in the Second Schedule hereto, to such agents or servants of the Opium Farmer as may be approved of by the said Licensing Officer, to act as Revenue Officers at the Settlement in which they may be appointed; and no person except those so appointed, and except Police Officers, shall be competent to act as Revenue Officers under this Ordinance.
(2)—Such warrants may at any time be withdrawn by the Licensing Officer, with the sanction of the Governor.
(3)—Every Police Officer shall have all the powers and authority of a Revenue Officer under this Ordinance.
(4)—Any person, other than a Police Officer, assuming to act as a Revenue Officer under this Ordinance, and not holding a warrant as such, shall be liable to a fi...e not exceeding one bundred dollars.
The words in italics were added by Ordinance XIX of 1903.
(a)
52. The names and places of residence of every Revenue Officer so appointed at any Settlement shall be posted in a conspicuous place at the Chief Police Court at the Settlement.
53. Every Revenue Officer appointed under this Ordinance shall be supplied at the expense of the Farmer with a badge bearing such sign or mark of office as may be directed by the Licensing Officer, with the approval of the linvernor, and before acting against any person under this Ordinance every such Revenue 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 provisions of this Ordinance, if not in uniform, 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 Inspector-General of Police may direct to be carried by Police Officers when employed on secret or special service.
54. All Revenue Officers appointed under this Ordinance shall be deemed to be public servants within the meaning of the Penal Code.
55. Every person who shall deliver any requisition return account or other written statement required by this Ordinance to be made or delivered, shall sip the same himself, or shall cause the same to be signed by some person duly authorized by hetet,• and if any such application, requisition, return account or other statement shall be false or incorrect, either in whole or in part, to the knowledge of the person so making, delivering or supplying the same, whether the same be signed by himself' or by his agent, such person shall in every case not otherwise provided for by this Ordinance be liable to a fine not exceeding one thousand dollars for the first offense and two thousand dollars for every subsequent offense; and such agent shall also and in like manner, if offending be liable to penalties of the like amount. •Provided always that all Chinese export and import requisitions shall be stamped with the chop of the importing or exporting firm, as the case may be.
56. Any Justice of the Peace for the Settlement may, by his warrant directed to any Police Officer not being under the rank of a Corporal, empower him by day or by night to enter and search any dwelling house, shop or other building or place, or any ship within the Settlement, in any case in which it shall appear to such Justice of the Peace, upon the oath of any person that there is reasonable cause to believe that in any such dwelling house or other place, or on board such ship, is concealed or deposited any article subject to forfeiture under this Ordinance, or as to which an offense has been committed against this Ordinance, and to take posse ssion of any such article and of the ship in which the same may be fauna, and of all utensils used for preparing such article, and to arrest any person or persons being in such dwelling house or other place, or on board such ship, in whose possession any such article may be found or whom the said officer may have good and sufficient reason to suspect to have concealed or deposited therein or thereabout any such article, and any Officer to whom such w arrant shall be directed may, in case of obstruction or resistance, break open any outer or inner doors of such dwelling house or other place, and enter thereinto and forcibly enter such ship and every part thereof, and remove by force any obstruction to such entry, search, seizure and removal as aforesaid, and may detain every person found in such place or on board such ship, until the said place or ship shall have been searched, and all informations to be laid and all warrants to be issued and all arrests and, seizures to be made under this Ordinance may be had or done on a Sunday as well as on any other day.
57. Every Pollee Officer not being under the rank of Corporal shall have, and at the re- quest of the Farmer or his duly authorized Agent shall exercise in, upon or in respect of any ship, wharf or islet within any Settlement, all the powers and authorities mentioned in the last preceding section in as full and ample a manner as if he were empowered so to do by the warrant of a Justice of the Peace issued under the said section, and shall further have, and at such request as aforesaid, exercise the power of searching, and, if necessary, breaking open any box, chest or package. Provided always that in the event of such search being unsuccessful the Farmer shall repack or cause to be repacked any goods which may have been unpacked during such search, and make good any damage he may have caused thereby. In the event of any dispute as to the amount of damage to be made good by the Farmer, such amount shall be ascertained by two Arbitrators. one to be appointed by the Farmer and the other by the person whose property is damage d; but if at the expiration of twenty-four hours from the time of such dispute first arising such amount shall not have been so ascertained from any cause, then and in such case such amount shall be ascertained by the Chief Police Officer of the Settlement or some other person to be appointed by him whose decision shall be final.
For tne purposes of this section the term "wharf" shall include any warehouse or any place adjoining a wharf and used in connection therewith.
58. (1 )—It shall be lawful for any Revenue Officer having a general authority in that behalf in writing from the Chief Police Officer of the Settlement at all times to board any ship, and to remain on board such ship so long as she remains at any Settlement, for the purpose of seeing that the provisions of this Ordinance are observed.
(2)—Such Revenue nicer may reouire the master or other person in charge of the ship to exhibit to him any opium or chandu which may be on board of such ship.
(3)—The master of any ship or any other person who shall refuse to allow such Revenue Officer to board his ship, or who shall in any way molest or interfere with such Revenue Officer, or who shall refuse to exhibit such opium or chandu to such Revenue Officer, shall be liable to a fine not exceeding one hundred dollars, in addition to any other punishment to which he may have rendered himself liable under this or any other Ordinance.
59. Any person found committing or attempting to commit an offense or employing, aiding or assisting any person to commit an offense against the provisions of this Ordinance, may be arrested without warrant by any Police or Revenue Officer, and taken, with any articles found as to which the offense may have been committed or attempted to have been committed, to a Police Station, there to be dealt with according to law, and any person suspected to have about his person any article as to which an offense has been committed against the provisions of this Ordinance, may be arrested by any Police or Revenue Officer without a warrant and taken to a Police ,tation, there to be dealt with according to law.
The words in italics were substituted by Ordinance XIX of 1903.
60. All convictions and fines and penalties under this Ordinance may be had and recovered in a summary way before a Police Magistrate.
61. All opium or chandu, with regard to which any offense has been committed against this Ordinance or against any regulation made, permit granted or Order in Council issued thereunder, or in respect of which any breach of the restrictions and conditions subject to or upon which any license has been granted under such Order in Council, together with the utensils, vessels, packages, carts, carriages and conveyances in which the same may be found, may be seized by any Police or Revenue Officer, and may be forfeited by a Magistrate.
62. Every omission or neglect to comply with or act done contrary to the provisions of this Ordinance, or in breach of any regulation made, permit granted or Order in Council issued thereunder, or in breach of the restrictions and conditions subject to or upon which any license has been issued under such Order in Council, shall be deemed an offense against this Ordinance, and for every such offense not otherwise specially provided for the offender shall, in addition to any forfeiture of the articles seized as hereinbefore provided for, be liable to the following penalties:—
(i)—For every first offense a fine not exceeding five hundred dollars.'
(ii)—For every subsequent offense a fine not exceeding one thousand dollars, or imprisonment of either description, for a term not exceeding six months, or to both fine and imprisonment.
63. The period of imprisonment imposed by a Magistrate in respect of the non-payment of any fine under this Ordinance, or in respect of the default of a sufficient distress to satisfy any such fine, shall be such period, of such description, simple or rigorous, as, in the opinion of the Magistrate, will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale, viz:—
Where the fine    The period shall not exceed
does not exceed twenty-five dollars     two months.
exceeds twenty-five dollars, but does not exceed fifty dollars    foul months.
exceeds fifty dollars but does not exceed one hundred dollars... six months.
with an additional two months for every one hundred dollars after the first one hundred dol-
lars of the fine, until a maximum period of twelve months is reached: Provided always that—
(a) if before the expiration of such period of imprisonment such a proportion of the fine be paid or levied as is not less than proportional to the unexpired portion of such period the imprisonment shall terminate:
(b) Where a person is sentenced to both fine and imprisonment, and the fine, not being paid, is commuted into imprisonment, such imprisonment shall be in addition to the imprisonment ordered by the original sentence.
64. When any person, having been already convicted of any offense against this Ordinance, is again convicted of an offense against this Ordinance, the imprisonment for such subsequent offense shall, unless otherwise ordered, be cumulative, and shall commence at the expiration of any imprisonment to which such person shall have been previously sentenced.
65. The Magistrate may adjudicate any portion not exceeding half of a fine imposed under this Ordinance to the informer. Subject to such adjudication all fines received shall, with the exception of those imposed under Section Forty-three, be paid to the Farmer.' All articles subject to restriction under this Ordinance seized and forfeited shall be given to the Farmer prosecuting the case, except when such articles are declared by the Magistrate to be unfit for use, in which case they shall be destroyed. All ships forfeited under this Ordinance shall, if the Governor in Council so direct, be sold, and the proceeds of sale thereof be paid into the Treasury for the purposes of the Colony, and all fines levied against the Farmer shall be paid into the Treasury for the use of the Colony.
66. On any trial before any Magistrate and in any proceeding on appeal in the Supreme Court relating in any of the above cases to the seizure of articles subject to restriction under this Ordinance, it shall be lawful for the Judges of the said Court and for the Magistrates, and they are hereby respectively required to proceed to such trials and to the hearing of such appeals on the merits of the case, only without reference to matters of form and without inquiring into the manner or form of making any seizure, excepting in so far as the manner and form of seizure may be evidence on such merits.
67. Every requisition received and a copy of every permit issued shall be entered in the Office of Imports and Exports at the Settlement, in a book or books, and the Farmer shall be entitled, without fee, to inspect and take extracts from the books of entry, and the production of any extracts from the said books or of any certificate as to requisitions for and grants of permits certified or purporting to be certified under the hand of the Registrar of Imports and Exports of the Settlement or his Deputy, shall, on the trial of any person charged with an offense under this Ordinance, be proof of the facts set out in the said extracts and certificates, till the contrary be shown by or for the person so charged, and the absence of requisitions and of copies of permits from the said books shall be proof, till the contrary is shown in like manner, that application has not been made for the permit required, and that the permit has not been issued.
68. It shall be lawful for the Governor to suspend or stop any prosecution or proceeding instituted or proposed to be instituted under this Ordinance, and to direct the refund of the whole or any part of any fine or penalty, and the restoration of any ships ordered to be forfeited, and the restoration of the whole or any portion of any articles ordered to be forfeited to any person from whom the same may have been taken.
69. All actions and other proceedings which may be -lawfully brought for anything done, omitted or intended to be done under the provisions of this Ordinance nr of any regulations or Order in Council made thereunder, shall be commenced within three months after the
'The words in italics were substituted by Ordinance IX of igoo.accrual of the cause of action, and not otherwise, and the provisions of Sections Forty-three to Forty-nine both inclusive of "The Police Force Ordinance 1872" shall apply to such actions and proceedings.
70. The provisions of Sections Seventeen and Eighteen of "The Common Gaming House Ordinance 1888" shall be read as part of this Ordinance.
71. It shall be lawful for the Governor to delegate the exercise of the several powers vested in him by this Ordinance to the Colonial Secretary at Singapore and each of the Resident Councillors of Penang and Malacca, in his absence from the several Settlements respectively.
Passed this 26th day of July, 1894.

 

 

 

THE SECOND SCHEDULE.
A.
No. 1.
Farmers' Contract under Section 6 of "The Opium Ordinance, 1894."
This Contract, made the    day of    , 18Between A. B., of
, &c., of the first part, C. D., of &c., and E. F., of , &c., of the second part, and the Queen's Most Excellent Majesty of the third part: Whereas, the said A. B. has been declared to be the Opium Farmer of the Settlement of.
for the term commencing on the    day of    , 18 , and ending
on the day of , 18 , and the said C. D. and E. F. have agreed to become sureties [or certain real or personal estate has been assigned to Her said Majesty as security by way of mortgage under the provisions of "The Opium Ordinance, 1894," by a Deed of even date herewith, and made between, &c., or the sum of dollars has been lodged in the Local Treasury as a deposit] for the due fulfillment of this Contract, THIS CONTRACT WITNESSETH that all the rights and privileges of Opium Farmer of the Settle-
ment of    , under the provisions of "The Opium Ordinance, 1894," are
hereby vested in the said    for the aforesaid term. AND this Contract
also witnesseth that the said A. B. and the said C. D. and E. F. (hereinafter called the sureties) do hereby, for themselves, their executors, administrators and assigns, severally as well as jointly, and every two or more of them, covenant and agree with Her Majesty, Queen VicTORIA, Her Heirs and Successors, in manner following, that is to say:—
I. The said A. B. (hereiiiafter called the Opium Farmer) will pay to the Colonial Treas-
urer for the time being, without demand, the sum of dollars    monthly on
the last day of every month, commencing on the    day of the month of
. 18 , and ending c,n the    day of the month of
,
18 , as the rent of the said Opium Farm; provided always that if the last day of a month shall be a Sunday or a Public Holiday or a Bank Holiday, such payment shall be due and payable on the day immediately preceding such last day.
2. The Opium Farmer shall well and faithfully observe, perform and fulfill the several provisions, conditions and stipulations contained in the said Ordinance, so far as they relate to the management of the said Opium Farm, or impose any duty or obligation on the Opium Farmer, in as full and ample a manner as if the said provisions, conditions and stipulations had been incorporated in this contract.
E. If the said rent, or any part thereof, be unpaid for the space of five days after any of the days on which the same ought to have been paid, the Opium Farmer will pay to the Colonial Treasury interest upon the said rent, or so much thereof as shall, for the time being, be unpaid, at the rate of twelve per cent per annum from the day on which the same ought to have been paid to the date of payment
A. P. TALBOT,
Clerk of Councils.

4. If the said rent, or any part thereof, be unpaid for the space of ten days after any of the days on Which the sane ought to have been paid, or in case of the breach of any of the provisions, conditions and stipulations of the said Ordinance, so far as they relate to the said Opium Farm or the Opium Farmer, or in case of the breach of any of the covenants contained in this contract, and to be observed by the Opium Farmer,* then and in any such case it shall be lawful for the Governor of the Colony for the time being to determine and put an end to the said rights and privileges, and to dispose of the same to other persons, and in the event of any loss arising therefrom, the Opium Farmer will make good the said loss to Her Majesty, Queen VICTORIA. Her Heirs and Successors.
5. The Opium Farmer will, on entering on the privileges of his Farm, take over from the outgoing Opium Farmer all his stock of exciseable articles, at such prices as may be settled, subject to the proviso hereinafter contained for arbitration in case of difference.
8. The said Opium Farmer w ill not, at or near the end of the term herein provided for, prepare more than the usual quantity of chandu or sell any chandu at less than the average current prices of the day, and will not sell, export or otherwise make away with, or dispose of any of the stock of opium or chandu, or the machinery and vessels required for preparing chandu, but will make over to such persons as may be invested with the rights and privileges of the Opium Farmer of the said Settlement for the term next after the term herein provided for, the Lull and complete stock of opium and chandu and machinery and vessels required for preparing chandu proper, and sufficient for the due carrying on of the said Farm, at the marketable value of the said articles, machinery and vessels so to be made over.
7. In the event of any difference arising as to quantities of chandu prepared or sold during the last three months of the Farm, and the price thereof, and of the nature and quantity of articles, machinery and vessels so to be purchased or made over, and the prices thereof. such difference shall be determined by one or more references by three Arbitrators, one to be appointed by the Opium Farmer, one by the incoming Opium Farmer, and one by the Governor. and the award or awards of such Arbitrators, or of a majority of them, shall be final, and the said arbitrations or other settlements shall be held at such time, at or before or after the end of the said term as to the Governor may seem reasonable.
8. IThe chandu sold by the Opium Farmer shall be of a quality to be approved from time to time by the Government Analyst as good and merchantable chandu, and shall contain at least    per cent of morphine, of which    shall be in the combina-
tion known in chemistry as meconate of morphia, and the said Farmer will, from time to time, whenever called upon by the said Analyst to do so, furnish or permit to be taken for the purpose of analysis a reasonable quantity of chandu manufactured by him or sold at any establishment or shop under his control, and the said Farmer will not, without the consent in writing of the Governor, sell any chandu to the public at the farm or farm shop at any price exceeding the rates expressed in the following schedule:—
Per Tahil Per Chi. Per 3 Him packet. Per 4Him packet.
"Singapore—Town
"Penang—Town
Country
"Province Wellesley
"The Dindings
"Malacca—Totvn
Country
Provided always that if at any time during the continuance of this contract the prices aforesaid shall be altered by the Governor in Council to the prejudice of the Farmer, the Farmer shall be entitled to demand and to receive from the Government of the Colony due compensation for the loss sustained by him in consequence of such alteration. The amount of such compensation, in case of difference, shall be referred to two Arbitrators, one to be appointed by the Governor and one by the Farmer, such reference to be in all respects in accordance with the provisions of "The Arbitration Ordinance, 1890," or any Statutory modification thereof.
9. All deposits and securities made or given by or on behalf of the Opium Farmer shall be held by the Governor till all questions between the Opium Farmer and Her Majesty, Queen VICTORIA, Her Heirs and Successors, shall be finally disposed of, including matters relating to the preparation or sale of chandu near the end of the term of this agreement, and in matters relating to the receipt and transfer of chandu machinery and vessels by the said Farmer.
10. It shall be lawful for the Governor, on breach of any of the covenants in this Contract (such breach and the amount of penalty therefor to be held as proved by endorsement on the back of this Contract by the Governor stating the breach and the amount of penalty therefor), to sell and dispose of all or any of the said deposits or securits without notice to the Opium Farmer, or the said sureties, or any of them, and out of the proceeds of such sale and disposition to satisfy and discharge any claims under this Contract against the Opium Farmer.
11. The rights and privileges hereby vested in the Opium Farmer shall not be assigned to any other person without the consent in writing of the Governor, and such assignment, if so allowed, shall not be deemed to relieve the Opium Farmer or the said sureties, or any of them, from any liability under this Contract.
12. The said sureties and their executors and administrators may be sued for any breach of this Contract as principals, and with or without the said Farmer, his executors and administrators, jointly and severally, and any two or more of them.
13. Any forbearance of the Officers of Government in endeavoring to obtain payment of the monies hereby secured, or in putting in force any of the remedies for the same, and any
The words in italics were inserted by Ordinance XIX of 1903.
vThese words were substituted by Ordinance Thrf
0. 1903.
iThis section was substituted for the original by Ordinance IX of 1 goo as amended by Ordinance XIX of 003.

time whith may be given to the Opium Farmer, shall not in any way prejudice or affect the security or benefit of these presents or the joint and several covenants hereinbefore contained, or the continuing liability of the Contractors, or any or either of them, their or his executors or administrators by virtue thereof, any rule of law or equity to the contrary notwithstanding.
14. The word "Governor," as used in this Contract, shall include the Officer for the time being administering the Government of the Colony, and any person to whom the powers of Governor are or may be delegated under Section 71 of "The Opium Ordinance, 1894," so. far, in the latter case, as the exercise of such powers is concerned.
15. And it is hereby further agreed and declared that in case the said rights and privileges shall be determined and disposed of to other persons by the Governor under the powers hereinbefore contained, the certincate of the Colonial Treasurer for the time being, stating the amount of the loss arising therefrom, shall be binding on the said Farmer and his said sureties, and such amount so certified shall be deemed to be an ascertained amount within the meaning of Section 2 of "The Crown Suits Ordinance, i876,"and may be sued for and recovered accordingly.
Signed, sealed and delivered at
this    day of, 18 , by
the Colonial Secretary, for Her Majesty, the Queen, and
by, Farmer, and    sureties.
In the presence of
A.  No. 2.
Form of Mortgage.
, do hereby assign to Her Majesty, Queen VICTORIA, Her Heirs and Successors, as security for the due fulfillment of the terms of the Contract for the Opium Farm at for the term commencing the 1st day
of    , x8, and ending the 31st day of    , 18
under "The Opium Ordinance, 1894," all my right, title and interest in the lands situate in
the district of    , in    , and described in Government (Grant or-
Lease) No.    , dated the    day ofand estimated, x8
to contain , and do hereby make over to Her said Majesty, and Heirs and Successors, the Ttitle Deeds of the said land. In the event of any breach of the covenants in the said Contract by the Opium Farmer, no proof of which breach or of the amounts of penalties, forfeitures, damages and losses arising therefrom shall be required further than an endorsement of the same on the back of the said Contract by the Governor or Officer Administering the Government of the Straits Settlements for the time being, I do hereby, for myself, my executors, administrators and assigns, authorize the Governor or Officer Administering the Government for the time being, to sell or otherwise dispose of the land hereby mortgaged, and out of the proceeds thereof to defray the penalties, forfeitures, damages, losses or other liability to which, by the said endorsement, the said Opium Farmer shall have been declared liable, and the balance, if any, to be paid to me, my executors, administrators, or assigns.
In witness whereof, I have hereunto set my hand and seal this    day of
in the year 18    .
Signed, sealed and delivered,
In the presence of
B.
SETTLEMENT OF
"THE OPIUM ORDINANCE, 1894."
Requisition to land under Sections 19, 21, and 22.
To the Import and Export Officer of the Settlement.
Sir,
Please issue a Permit to land on the    day of    , 18
between the hours of    a. m. and    tn., from the ship
which arrived on the    (state the number of chests and kind of Opium),"
to be stored in the (godown, shop or house) of    No.    in
Street, at    or in the Ofhce of Imports and Exports or in the Chief Police
Station.
Yours, &c.,
Date
C.  SETTLEMENT OF
"THE OPIUM ORDINANCE, 1894."
Permit to land under Sections 19, 21 and zz.
(is) authorized on
the    day of    , 18 , between the hours of    a. m.
and    m., to land from the ship
(state the number of chests and kind of Opium),. and (is) required to store the same in the
*Substituted for original words by Ordinance XIX of '903.
Importer.
(godown shop or house) of, No.    „ in    Street,
at    , in the Office of Imports and Exports or in the Chief Police Station
of the said Settlement.
Date    Import and Export Officer.
D.
SETTLEMENT OF
"THE OPIUM ORDINANCE, 1894."
Requisition to export under Sections 19, 21 and 25.
To the Import and Export Officer of the said Settlement,
Sir,
Please issue a Permit to move on the    day of    , 18
between the hours of    a. m. and    m., for export by ship
bound foi    (state the
quantity of opium and number and description and marks of chests or parcels of opium or
chandu), the same having been purchased by me from    in whose
(godown, shop or house), No.    , it is now stored, or the same being now stored
in    at No.    , or the same being now stored in your
Office or at the Chief Police Station [and sold by me to    , who is
desirous of exporting.]
Date.    Yours, &c.,
Exporter.
E.
SETTLEMENT OF
"THE OPIUM ORDINANCE, 1894."
Permit to export under Sections 19, 21 and 25.
(is) authorized to move on the    day
of    ,i8 , between the hours of    a. m. and    m.,
for exportation to by (if by sea give the name of ship, and if by land state the route and mode of conveyance (state the quantity of opium and number and description and marks of chests or parcels or opium or chandu), the same having been purchased by the exporter from and being now stored in the (godown shop.
or house) of    , situated at,    the same being now stored in
my Office [and sold to    , who    required to export in terms of
this permit.]
.Date.    Import and Export Officer.
F.
SETTLEMENT OF
"THE OPIUM ORDINANCE, 1894."
Requisition to move under Section 19.
To the
{Import and Export Officer
Opium Farmer of the said Settlement.
Sir,
Please issue a Permit to move on the    day of    t 18
between the hours of    a. m. and    m. (state the quantity of opium and
number and description and marks of chests or parcels of opium or chandu), from No.    ,
Street, and from the custody and in the possession of    ,
to the custody and possession of
, at No.    ,    Street.
Owner or Importer.
G.
SETTLEMENT OF
"THE OPIUM ORDINANCE, 1894."
Permit for the Removal of Opium, Section 19.
A B is authorized to move    chests of (Benares) Opium, marked X Z, from
the premises of C D, in    Street (Singapore), to the premises of E F, in
Street (Singapore), and from the custody or possession of G H to the custody or possession of I K.
(Singapore) the    day of
18    .
Opium Farmer.
H.
SETTLEMENT OF
"THE OPIUM ORDINANCE, 1894."
Farm Shop License under Section 37.
is hereby authorized to keep a licensed shop for the sale of Chandu at No. Street, Town (or in the village or district of), subject to the Rules and Regulations in that behalf, which Rules and Regulations have been read and explained to the said
. This License to be in operation from
to
Given at    , this    day of    , 18    .
A fee of $
has been received for this License.
Excise Licensing Officer.
Excise Licensing Officer.

SETTLEMENT OF
"Tux OPIUM ORDINANCE, 1894."
Notice of Cessation of Farm, under Section 49.
Notice is hereby given that the exclusive rights of the    Farmer at
this Settlement will cease on the day of 18 , and that no exciseable articles purchased from the present Farmer or from any Opium Farm Shop-keeper can be used after the day of , 18 , at noon, without the consent of the new Farmer.
Excise Licensing Officer.
J.
SETTLEMENT OF
"THE OPIUM ORDINANCE, 1894."
Appointment of Revenue Officer, under Section 51.
of, in    is
hereby appointed to be a Revenue Officer under "The Opium Ordinance, 1894," and is duly vested with all the rights, powers and immunities of such office, under the provisions of said Ordinance.
Date.    Excise Licensing Officer.
No. 786.—RkaimArzows for the control and supervision of the manufacture of Chandu by the Opium Farmer, of the Books of Accounts of the Opium Farm, of the Entry of Opium and Chandu Dross into the Chandu Factory and the removal and distribution of Chandu and Chandu Dross therefrom, and of the exportation of Chandu by the Farmer made by the Deputy of the Officer Administering the Government in Council on the 29th day of December, 1903, at Singapore, under the provisions of "The Opium Ordinance, 1894."
RULES MADE BY THE GOVERNOR IN COUNCIL UNDER THE PROVISIONS OP "THE OPIUM ORDI-
NANCE, 1894."
I. A. Stock Book of all raw opium purchased by the Farmer and stored for boiling purposes and deposited in bulk in the room reserved therefor, shall be kept at the Farm Office in English by the Farmer, in the Form (A) prescribed in the Schedule hereto, and a Return in the Form (B) prescribed in the Schedule hereto shall be furnished by him to the Superintendent in the first week of every month.
2. A Register showing the Sales of Opium by the Farmer for export, in Form (C) (i) in the Schedule hereto, if in quantities of one chest of opium or over, or of packets or parcels of opium weighing 120 catties or over, and in Farm (C) (ii) in the Schedule hereto, if in quantities of less than one chest, or of parcels or packets weighing less than 12o catties, shall be kept in English by the Farmer. and a Return of the total number of such Sales shall be furnished by the Farmer to the Superintendent in the first week of every month.
3. The Agent of the Farmer shall keep in English a Chandu Boiling Register in the Form (D) in the Schedule hereto, showing the amount of raw Opium to be boiled down into Chandu, issued daily by him to the Agent of the Farmer resident at the Chandu Factory; and a Depulicate Register in similar form shall be kept either in English or in the Chinese vernacular, as may be arranged by the Agent of the Farmer resident at the Chandu Factory. The Chandu Boiling Register kept in the Farm Revister shall be written up daily and signed by the Farmer, and he shall further, as often as may be necessary, and at no time less frequently than once in every seven days, nroceed in person to the Chandu Factory and compare and check the Accounts of the Chandu Boiling Register kept at the Farm Office with the Accounts of the Duplicate Register in charge of the Agent of the Farmer resident in the Chandu Factory, and shall report immediately any discrepancy or variations disclosed at any time to the Superintendent. Further, the Farmer shall furnish the Superintendent with a Certificate in Form (h) in the Schedule hereto, showing weekly and monthly the total weight of Chandu boiled down.
4. The Farmer shall further keep in English a Chandu Distribution Account Book in the Form (F) in the Schedule hereto, exhibiting clearly the total number of tahils of Chandu received from the Chandu Factory and the manner of its distribution to the Head Farm Shop, the Branch Farm Shops and the Licensed Farm Shops.
5. The Farmer shall further set down in English in an account book to be termed the "Chandu Export Register," which shall be kept in the Form (G) in the Schedule hereto, the total amount of Chandu boiled down by the Farmer for export outside the Settlement, subject to the conditions prescribed by the Governor under Section io, sub-section (5) of the Opium Ordinance, 1894, and in the first week of every month the Farmer shall make a return in English to the Superintendent in the Form (H) in the Schedule hereto of all Opium and Chandu exported by him.
6. The Farmer shall keep an Opium Purchase Price Account Book in English in the Form (I) in the Schedule hereto, or as near thereto as may be, showing clearly the value of all opium purchased by the Farmer and stored by him in a licensed warehouse or in the Farm Office or Chandu Factory, together with the necessary, particulars as to the nature, quality and date of purchase of the opium as aforesaid, and in the first week of every month the Farmer shall furnish the Su rintendent with a return of all the opium purchased and stored as afore- said in the Form (1) pe in the Schedule hereto.
7. The Farmer shall keep a Chandu Sale Account Book in English in the Form (K) in the Schedule hereto, or as near thereto as may be, exhibiting clearly the wholesale prices at which the Farmer distributed the total amount of Chandu manufactured by him to the
Farm Office and its branches, and to the licensed Farm Shops for retail sale to the public, and in the first week of every monta the Farmer shall furnish the Superintendent in the Form (L) in the Schedule hereto, with a Return of the value of the total number of sales realized by the wholesale distribution as aforesaid.
8. The Farmer shall keep a Register, in 1.,nolish. in the Farm (M) in the Schedule hereto, to be termed the "Chandu Dross Register," and in this Register shall be entered by the Farmer the total amount of Chandu Dross imported by the Farmer or collected by him from the licensed Farm Shop Keepers and others, the total amount sold and distributed or used in cooking opium by the Farmer, and the accounts of the Chandu Dross Register of the importation, collection, sale and use in cooking of Chandu Dross shall be balanced monthly by the Farmer and be signed by him.
9. It shall be lawful for the Superintendent, or his Assistants, or any such other Officers as the Governor may, from time to time, appoint, to inspect at any time all the Books of Accounts, Registers, and other Returns prescribed to be kept at the Farm Office by the Farmer under the provisions of these Rules, and to take copies and extracts therefrom, and to call on the Farmer or his Agent to furnish such information or explanation in relation to any of the Account Books, Registers and Returns as aforesaid as may be required; provided always that no Farmer shall be required by the Superintendent, his Assistants, or any other Officers appointed from time to time by the Governor, to produce any of his banking accounts or statement of shares or private accounts of the profits and losses of the Farmer in the Farm.
to. Any person found guilty of a breach of any of the above regulations and rules shall be liable on conviction to a penalty not exceeding $500.
E. G. BROADRICK, Acting Clerk of Councils.
COUNCIL CHAMBER,
Singapore, zoth December, 1543.
No. 784.—THE following Rules made by the Deputy of His Excellency the Officer Administering the Government in Council under Section 14 of "The Opium Ordinance, 1894," will come into force 14 days after the date of publication.
1. All applications for licenses for licensed warehouses must be made in writing to the Superintendent of Excise Farms at his Office in the Settlement.
2. Every application must state clearly the name of the applicant and style of the firm, the name of the street or locality and the municipal number of the premises which it is desired to have licensed.
3. The Superintendent shall first satisfy himself by calling for references or otherwise that the applicant is a bona fide merchant dealing in opium merchandise; if the applicant for such a license is not known to the Superintendent or the Imports and Exports Officer or Farmer, the Superintendent may demand that the applicant shall produce one or more sureties to guarantee the bona fides of the application, and the Superintendent, on interviewing the sureties, may, if he thinks necessary, require them to give a Security Bond, on behalf of the applicant before granting him a license.
4. If the Superintendent is satisfied that the applicant is a fit and proper person to receive a license, he shall proceed in person and inspect the premises in respect of which the license is anolied for. If on nersonal inspection the premises are found to be in all respects suitable for storing and lodging opium, the Superintendent shall issue the license applied for to the applicant.
5. The license shall be in the form (A) provided in the Schedule hereto, and shall state the name of the licensee, the term for which the license is granted, and furnish a description of the premises in respect of which it is granted, and the amount of fee received in payment for its issue.
6. The premises in respect of which a license is granted may be the whole of a building or part of a building, provided that it is a substantial structure and is capable of being securely closed and locked up for warehousing purposes to the satisfaction of the Superintendent. No structural alterations will be allowed in any licensed warehouse after the issue of a license without the authority of the Superintendent being first obtained, and no opium stored in any particular room or particular part of a licensed warehouse may be moved from therein to any other room or to any other part of the same warehouse without the authority of the Superintendent.
7. It shall be lawful for the Superintendent at any time (after consultation with the licensee), to direct him in writing to provide any additional means for keeping and securing the safety. of the opium stored (such as extra windows, doors, shutters, locks, &c.), which may in the opinion of the Superintendent be found at any time to be necessary.
8. All cases, packets, or any other receptacles employed to contain raw opium of any description, stored in a licensed warehouse must be left lodged unbroken and intact, and shall not be opened without the authority in writing of the Superintendent.
9. A licensed warehouse shall be exclusively reserved for the sole storage of opium, and no merchandise other than opium shall be kept in a warehouse licensed to store opium.
it). The Superintendent may issue a license for any period of time, provided that it be for not less than three months and for not more than Is months.
All licensed warehouses shall be closed between the hours of 6 p. m. and 6 a..m., and no opium shal be received or delivered by the licensee during that time except upon the written authority of the Superintendent.
12. A fee at the rate of $12 a month shall be payable for every license issued by the Superintendent, and the Superintendent shall pay the same into the Treasury to the general credit of the Colony. A fraction of a month will count as a full month.
13. An Opium Import Stock Book shal be kept in English by every licensee, including the Farmer, in respect of each licensed warehouse in the Form (B), provided in the Schedule hereto, and shall be balanced in the first week of every month by every licensee.
14. AU opium deposited in a licensed warehouse shall (if there is no other means already of identifying it, such as marks, chops, or numbers), be properly marked and numbered by the importer with the initial of, or with some other distinguishing marks of, the owner, importer, or consignee, and all opium shall be stowed so as to afford easy access to every chest or packet or parcel in the warehouse; and it shall be lawful for the Superintendent to direct the importer or his agent to cause opium not properly stowed to be repiled and reatowed in due and proper position and order.
is. All opium lodged or deposited in any opium warehouse licensed by Government shall be so deposited and lodged at the risk of the importer, owner or consignee, who shall have no claim on the Crown to compensation for loss by fire, theft, damage or other cause.
i6. Every licensed warehouse shall be kept clean and have a suitable signboard bearing the words "Opium Licensed Warehouse No.," exhibited in some conspicuous place to the satisfaction of the Superintendent, and within 14 days of the issue of a license, a copy of the Rules, written in English, and in such other language, if necessary, as the Superintendent may direct, shall be hung by the licensee in a conspicuous place in the warehouse.
i7. Any person found guilty of a breach of any of the above regulations shall be liable to a penalty not exceeding $500.
E. G. BROADRICK,
Acting Clerk of Councils.
COUNCIL CHAMBER,
Singapore, soth December, 1903.

 

< Prev