Straits Excise Act, 1866

[Act 30 of 1866]

[24th October, 1866]

Not in force in India

Passed by the Governor-General of India in Council.

(Received the assent of the Governor-General on the 24th October 1866.)

An Act for emending the laws for collecting a Revenue of Excise on Spirituous Liquors and Intoxicating Drugs in the Settlement of Prince of Wales' Island, Singapore and Malacca.

PREAMBLE

Whereas it is expedient to amend the laws for the collection of a Revenue of Excise upon Opium, Chandoo, Spirituous liquors, Toddy and Bhang, and the granting of Excise licenses for the sale of the said articles by retail within the Settlement of Prince of Wales' Island, Singapore and Malacca; It is enacted as follows:?

Section - 1. Repeal of Act XIV of 1851.

Act No. XIV of 1851 (for consolidating the laws for collecting a Revenue of Excise on Spirituous Liquors and Intoxicating Drugs, in the Settlement of Prince of Wales' Island, Singapore and Malacca) is hereby repealed, except in so far as that Act repeals any other Regulations or Acts, and except as to acts done, offences committed and liabilities incurred before the passing of this Act. Section 53 of Act No. XIII of 1856 (for regulating the Police of the Towns of Calcutta, Madras and Bombay, and the several Stations of the Settlement of Prince of Wales' Island, Singapore and Malacca), shall he read as if the reference therein made to the said Act No. XIV of 1851 were made to this Act.

Section - 2. Duties imposed.

All Opium, Chandoo and Opium Dross, and all Spirituous Liquors, and all Toddy and Bhang shall, except as is hereinafter provided be liable to a duty when used or consumed in any of the Stations of the said Settlement.

Section - 3. Exclusive rights.

 

The exclusive right of making or preparing Chandoo or Opium Dross, and of retailing Chandoo or Opium Dross, or Opium, in smaller quantities than one chest; and the exclusive right of retailing Spirituous Liquors, and of making and distilling Spirituous liquors; and the exclusive right of selling Toddy and Bhang, within the Settlement of Prince of Wales' Island, Singapore and Malacca, shall he vested from time to time in such persons as the Local Government may license for that purpose, either by public or private sale of such exclusive rights, and on such conditions as may be proper to secure the due payment of the rents and revenues of the said farms, and to provide equitable arrangements for the transfer of the stocks of machinery and exciseable articles in the possession of any farmer, at the end of his term of exclusive privilege, to the next succeeding farmer.

Section - 4. Farmer's name.

Any person in whom the exclusive right of making or preparing Chandoo or Opium Dross, and of retailing Opium in smaller quantities than one chest shall be vested, shall he called the ?Opium Farmer of Prince of Wales' Island,? or ?of Singapore,? or ?of Malacca,? as the case may be; and the person on whom the exclusive right of retailing Spirituous Liquors, and of making and distilling and compounding Spirituous Liquors shall he vested, shall be called the ?Spirit Farmer of Prince of Wales' Island,? or ?of Singapore,? or ?of Malacca,? as the case may he and the person in whom the exclusive right of selling Toddy and Bhang shall be vested, shall he called the ?Toddy Farmer of Prince of Wales' Island,? or ?of Singapore,? or ?of Malacca,? as the case may be.

Section - 5. Farmers to sign contract and give security, & c.

No person in whom such exclusive right may be vested, shall use such right until after he shall have entered into a contract in writing with the Local Government, binding himself to adhere to the terms of such contract, and to the provisions of this Act; and the several farmers shall give such security as may seem the Local Government to be sufficient for the due fulfillment of their contracts, by deposit of money or valuable securities, or by mortgage of real or personal property or otherwise:

Government may dispose of securities, & c., summarily and apply same to defalcations & c.? And it shall be lawful for the Local Government to sell, dispose of and realize all such property mortgaged, pledged or deposited, without action, suit or other legal procedure for judgment or decree, in any Court of Justice, and to apply the same or the proceeds of sale thereof, or so much thereof as may be required, to liquidate any penalties, forfeitures, damages or losses which may arise or exist against the said farmers at the end of their several terms, before surrendering to them their securities, or making over to them the monies and valuable securities so deposited:

Proviso.? Provided that no such penalties, forfeitures, damages or losses shall lie chargeable against any farmer under this Act till the same shall have been sanctioned, in writing, by the chief Civil Authority in the said Settlement.

Form of contract and of mortgage.? Such contract and mortgage may be in the form of Schedule A to this Act annexed or to the like effect.

Farm of Opium.

Section - 6.Clause 1. Import of Opium and Bill of specifications.

Every person importing into any of the said Stations any Opium, shall, before landing such Opium or any part thereof, deliver or cause to be delivered to the Registrar of Imports and Exports of the Station, a Bill in form of Schedule B to this Act annexed or to the like effect, specifying the quantity and description of Opium, the name of the ship, the time of landing, and the place where the said Opium is intended to he stored:

Permit by Registrar of Imports and Export to land Opium.? whereupon the Registrar of Imports and Exports or his Deputy shall furnish a permit, without fee, in form of Schedule C to this Act annexed or to the like effect, authorizing the Opium to be landed and stored, in terms of the Bill of specifications;

Permit to remove.? and no Opium so stored shall he removed without a permit from the Registrar of Imports and Exports, who shall grant such permit on the application, in writing, in form of Schedule D to this Act annexed or to the like effect, of the owner or his agent, desiring to remove the same, and stating the place to which it is to he transferred:

Export of Opium and Permit to export.? and before exporting any Opium from any of the said Stations, the intending exporter Export of Opium furnish to the Registrar of Imports and Exports of the Station, a Bill in form of Schedule E to this Act annexed or to the like effect, specifying the quantity and description of Opium to be exported, and the name of the ship, and the place to which the same is to be exported, whereupon the Registrar of Imports and Exports or his Deputy shall furnish, without fee, to the intending exporter, a permit in form of Schedule F to this Act annexed or to the like effect, authorizing the said Opium to he exported.

Clause 2. Confined to principal ports.? And it shall not be lawful for any person to import or bring any of the said Stations, or to export or take out from any of the said Stations, any Opium except to or from the principal ports of such Station, and within the limits of the said several ports, as laid down under Act No. XXII of 1855 (for the regulation of Forts and Port Dues), or any other Act to the like effect to he hereafter passed.

Clause 3. Opium less than one chest.? Any Opium in smaller quantities than one chest, imported into any of the said Stations, shall be lodged in the office of the Registrar of Imports and Exports subject to the rules laid down in Section 11 of this Act, and shall not be taken therefrom except for exportation or sale to the Opium Farmer of the Station, as is hereinafter provided.

Clause 4. Penalty.? Any person offending against any of the provisions of this Section, shall be liable on conviction to a penalty not exceeding five hundred dollars;

Forfeiture.? and any Opium so imported or Forfeiture exported, or stored or moved, or attempted to be imported or exported, or stored or moved, contrary to the provisions of this Section, with the packages and vessels in which it is contained, shall be seized and forfeited.

Section - 7. Inspection of Register, Certified extracts of Register, evidence and omission of entries.

The Opium Farmer shall be entitled to inspect and take extracts from the Registry of Imports and Exports, and the production of a copy of any extracts from the said Registry, certified under the hand and seal of the Registrar of Imports and Exports the Station or his Deputy, shall, on the trial of any person charged with an offence under this Act, in any Court of Justice within the said Settlement, be proof of the facts set out in the said extracts, till the contrary be shown by or for the person so charged, and the omission of entries in the said book shall be proof, till the contrary is shown in like manner, that application has not been made for the permit required.

Section - 8. Search warrant for Opium, Information and Penalty.

Any Justice of the Peace at any of the said Stations, on information on oath lodged before him by the Opium Farmer of the Station or his agent, that there is reason to believe that any Opium has been imported into the said Settlement contrary to the provisions of this Act, or that any Opium imported into and stored in the Station has been removed without a permit, as hereinbefore required, from the place in which such Opium was stored, may issue his warrant in the form of Schedule to this Act annexed'or to the like effect, to enter and search any place, and if any Opium is found to have been so imported or to be missing from the place in which it was permitted to he stored, the person in whose possession such Opium may be found or in whose name such Opium shall have been so stored, shall be liable on conviction to a penalty not exceeding five hundred dollars for every chest of Opium which shall be found to have been so imported or so removed contrary to the provisions of this Act.

Section - 9. Making Chandoo and Importing Chandoo and Having in possession Chandoo and Proof.

Every person, other than the Opium Partner of the Station, who shall make or prepare Chandoo or Opium Dross within the local limits of the jurisdiction of the Court of Judicature of the said Settlement, or who shall import thereinto any Chandoo or Opium Dross except as is hereinafter provided by Section 11 of this Act, or who shall therein sell or offer for sale, or permit to he sold or offered for sale, or who shall purchase, or who shall knowingly have in or receive into his possession or control, any Chandoo or Opium Dross, or Opium in less quantities than one chest, not purchased from the Opium Earner of the then current year or a licensed Opium shop-keeper of the Station of the then current year, the onus of proof of which purchase shall rest with the person in whose possession or control the said Chandoo or Opium Dross or Opium may be found, shall he liable on conviction, for the first offence to a penalty not exceeding one hundred dollars;

Penalty.? for the second offence a penalty not exceeding two hundred dollars; and for every subsequent offence a penalty not exceeding four hundred dollars;

Forfeiture.? and all such contraband Chandoo or Opium Dross, and the vessels containing the same, shall be forfeited, and all utensils and vessels which have been used or which are plainly intended to he used in preparing Chandoo and Opium Dross shall be seized and forfeited.

Section - 10. Ram Opium, selling or buying and Having in possession.

Every person, other than the Opium Farmer of the Station, who shall sell or offer for sale, and every person who shall buy from any person other than the Opium Earner of the then current year, or who shall knowingly receive or have in his possession contrary to, the provisions of this Act any quantity of raw Opium less than one chest, shall he liable on conviction, for the first offence to a penalty not exceeding one hundred dollars; for the second offence a penalty not exceeding two hundred dollars;

Penalty and Forfeiture.? and for every, subsequent offence a penalty not exceeding four hundred dollars; and all such Opium with the packages or vessels which the same is contained, shall he seized and forfeited:

Proviso.? Provided that nothing herein contained shall he held to prevent the sale of raw Opium for exportation under the provisions of Section 12 of this Act.

Section - 11. Raw Opium or Chandoo arriving.

Every person arriving in any ship at any of the said Stations, who may have on board any Chandoo, or any Opium Dross, or any raw Opium in less quantity than one chest, shall, with-in twenty-four hours after such vessel shall have come to anchor, give notice in writing thereof to the Registrar of Imports and Exports in the form of Schedule B to this Act annexed or to the like effect, and shall apply to the said Registrar for a permit to land the said Opium or Ohandoo or Opium Dross;

Notice to land.? and the said Registrar or his Deputy shall forthwith issue a permit, without fee, in form of Schedule 0 to this Act annexed or to the like effect;

Permit to land.? whereon the person receiving the permit shall forthwith, and before landing any of the said Opium, Ohandoo or Opium Dross, furnish a copy of the said permit to the Opium Parmer of the Station;

Notice to Farmer.? when the said Opium, Ohandoo and Opium Dross shall be forthwith landed and deposited in the office of the said Registrar, where it shall remain until exported or sold to the Opium Parmer:

Deposit.? and when it is desired to export the same, the owner or his agent shall apply, in writing, in form of Schedule E to this Act annexed or to the like effect, to the said Registrar for a permit to export;

Permit to export.? when the said Registrar or his Deputy shall issue his permit, without fee, in the form of Schedule P to this Act annexed or to the like effect, authorizing the export;

Notice to Farmer.? and the person receiving the said permit shall forthwith, and before the removal of any of the said Opium, Ohandoo or Opium Dross, furnish a copy of the said permit to the Opium Parmer of the Station, and shall at onee thereafter proceed to remove the said Opium, Ohandoo or Opium Dross from the said office to the ship in which it is to be exported:

Proviso and Forfeiture.? Provided always, that no such permit for exportation shall be granted till the person applying for the same shall have produced the port clearance for the ship in which it is intended to export the said Opium, Ohandoo or Opium Dross:

Port clearance.? and provided further, that the permits for landing and for exporting, such Opium, Chandoo and Opium Dross shall specify the name of the ship, the name of the owner of the Opium, Chandoo and Opium Dross, the quantity and description of the same, and the vessels or utensils containing the same, and the time of intended landing or removal from the said office;

Penalty and Forfeiture.? and any person committing a breach of any of the provisions of this Section shall, on conviction thereof, be liable to a penalty not exceeding two hundred dollars, and the Opium, Ohandoo or Opium Dross shall be seized and forfeited.

Section - 12. Export of Opium less than one chest.

Every person who shall be desirous of exporting or of selling for exportation raw Opium in any quantity less than one chest, shah deposit a chest containing the customary quantity in the office of the Registrar of Imports and Exports;

One chest to be deposited and Bill of particulars.? and whenever such person shall apply for any portion of such Opium to be delivered to him or to any purchaser thereof for exportation, he shall deliver to the Registrar of Imports and Exports or his Deputy a written Bill of particulars in form of Schedule E to this Act annexed or to the like effect, expressing the quantity of Opium that is to be exported, and the name of the person who is about to export the same, and of the ship, and of the master, and of the place to which the same is to be exported, and the time of removal, and having also, in case the Opium mentioned therein is to be sold for exportation, the name of the purchaser written thereon;

Delivery by Registrar.? and the said Registrar or his Deputy shall thereupon cause the quantity of Opium specified in the Bill of particulars to be taken out of such chest and delivered to the person who is to export the same, and shall deliver to such person, without, fee, a permit in form of Schedule F to this Act annexed or to the like effect:

Permit to export and Chest emptied.? and the said Opium shall be exported in terms of the said permit, and such chest shall remain in the custody of the said Registrar or his Deputy, until all the Opium contained therein shall have been exported or sold, when the chest shall be destroyed:

Proviso, Notice to Farmer, Port clearance and Penalty.? Provided that no such Opium shall be removed from the said office till the person desirous of exporting the same shall have furnished to the Opium Parmer of the Station a copy of the said permit, and till after the port clearance for the ship in which the same is intended to be exported shall have been produced to the said Registrar or his Deputy, and every person who shall commit a breach of any of the provisions contained this Section, shall be liable on conviction, to a Penalty not exceeding one hundred dollars.

Section - 13. Not exporting, Penalty and Forfeiture.

Every person who shall receive any such permit as aforesaid for the exportation of any quantity of Opium less than one chest, and who shall not upon receiving the same, within the time named therein, cause such Opium to be conveyed to and placed on board of the vessel mentioned in such permit, shall be liable on conviction to a penalty not exceeding two hundred dollars, and the Opium and the vessels and conveyances in which it is contained shall be seized and forfeited.

Section - 14. Exemption.

The foregoing provisions of this Act shall not apply to the sale of Opium for medicinal purposes by recognized Medical Practitioners, Chemists and Druggists.

Farm of Spirituous Liquors.

Section - 15. Import of spirits and Bill of specifications.

Every person importing into any of the said Stations any Spirituous Liquors shall, before landing the same or any part thereof, deliver or cause to be delivered to the Registrar of Imports and Exports of the Station or his Deputy, a Bill in form of Schedule B to this Act annexed or to the like effect, specifying the quantity and description of such Spirituous Liquors, the name of the ship, and the place where the same is intended to be stored, and the time when it is intended to be landed;

Clause 1. Permit to land.? whereupon the Registrar of Imports and Exports or his Deputy shall furnish, without fee, a permit in the form of Schedule C annexed to this Act or to the like effect, authorizing the Spirituous Liquors to be landed and stored in terms of the Bill of specifications, which permit shall include all the particulars required in the Bill of specifications:

Proviso, Use on premises and Payment of duty.? Provided always, that if the said Spirituous Liquors or any portion thereof are intended for use or consumption in the premises of the importer, where they may be stored on importation, he shall before receiving the permit make a declaration in the form of Schedule I to this Act annexed or to the like, effect, signed by him to that effect, and shall pay to the. Spirit Farmer for the quantity so intended to he used or consumed the duty leviable under this Act.

Clause 2. Landing spirits.? When the permit for landing is received by the importer, he shall forthwith, and before landing or removing the Spirithous Liquors or any portion thereof, furnish to the Spirit Farmer of the Station a copy of the said permit, and the Spirituous Liquors shall be landed and stored in terms of the landing permit:

Notice to Farmer and Penalty.? any person offending against any of the provisions of this Section shall be liable on conviction to a penalty not exceeding five hundred dollars, and the Spirituous Liquors shall be seized and forfeited.

Section - 16. Spirits on board ships and to be landed and Exporting.

Whenever any ship shall arrive at any of the said Stations, having on hoard Spirituous Liquors not entered on the ship's manifest and not forming part of the ship's stores or provisions placed on board by the owner, charterer or other person, for the use of the officers, passengers and crew of such ship, the master, supercargo or other person having charge or control over such Spirituous Liquors shall, within twenty-four hours after the arrival of any such ship, cause the said Spirituous Liquors to be landed and stored in the office of the Registrar of Imports and Exports, in the manner provided by Section 15 of this Act for the landing of Spirituous Liquors, and such Spirituous Liquors shall remain in the said office till the departure of the said ship, when they shall be exported in maimer provided by Section 18 of this Act:

Proviso for sale.? Provided however that such Spirituous Liquors or any portion thereof may be sold or removed from the said office, subject to the provisions of this Act for the removal, sale and export of Spirituous Liquors and for the payment of duty thereon;

Penalty and Forfeiture.? any person convicted of an offence contrary to the provisions of this Section shall be liable to a penalty not exceeding two hundred dollars, and such Spirituous Liquors shall be seized and forfeited.

Section - 17. Removal of spirits from place of import storing and Application to Farmer and Payment of duty.

Every importer desirous of removing any Spirituous Liquors from the place where they shall have been stored on importation, shall apply in writing, in form of Schedule K to this Act annexed or to the like effect, to the Spirit Farmer of the Station, stating the quantity and description of the Spirituous Liquors, the time of removal, the place to which they are to be removed, and the person or persons into whose premises they are to pass, and except when the Spirituous Liquors are to be removed for exportation as is next hereinafter provided, shall pay or cause to be paid to the said Spirit Farmer the sum of fifty cents of a dollar, for every gallon of such Spirituous Liquors, and if in bottles the sum of fifty cents of a dollar for every four quart bottles or eight pint bottles, and a proportionate sum for any lesser quantity;

Permit for removal.? whereupon the said Spirit Farmer, if the application is made between the hours of six in the morning and six in the evening, shall deliver to such person, without fee, a written permit to remove the same in the form of Schedule L to this Act annexed or to the like effect.

Section - 18. Export of spirits and Bill of specifications.

Whenever it is intended to export any Spirituous Liquors from any of the said Stations, the intending exporter shall furnish to the Registrar of Imports and Exports of the Station or his Deputy, a Bill in the form of Schedule E to this Act annexed or to the like effect, specifying the quantity and description of the Spirituous Liquors, the owner's name, the name of the ship and of the place to which they are to be exported, and the time of removal;

Permit to export and Notice to Farmer.? whereupon the Registrar of Imports and Exports or his Deputy shall furnish a permit, without fee, in the form of Schedule E to this Act annexed or to the like effect, containing the particulars above required, authorizing the said Spirituous Liquors to be exported by the said applicant, who shall forthwith and before removing the said Spirituous Liquors supply to the Spirit Farmer of the Station a copy of the said permit. Provided always, that if the quantity of Spirituous Liquors to be exported do not exceed three dozen quart bottles or six dozen pint bottles, it shall not be necessary to apply to the Registrar of Imports and Exports for his permit;

Farmer's permit for three dozen.? but application as hereinbefore provided shall be made to the Spirit Farmer, who in such case shall grant his permit in the form above described without payment of duty for the removal of the said Spirituous Liquors to the ship in which they are to be exported.

Proviso, Port clearance.? Provided further, that the Spirit Farmer shall not be required to grant such permit for exportation till the port clearance of the ship in which the Spirituous Liquors are to be exported shall be produced to him;

Proviso, Duly already paid, Proof and Refund.? and provided further, that in the event of any person being desirous of exporting Spirituous liquors on which the farmer's duty has already been paid, on proof of such payment by the person applying, the Spirit Farmer shall refund to the exporter the amount of duty which may have been paid on the quantity of Spirituous Liquors so to be exported, and shall issue his permit for the exportation thereof;

Not exporting, Penalty and Forfeiture.? and any person to whom such refund shall have been made neglecting or omitting to cause the said Spirituous Liquors to be exported in terms of the said permit, shall be liable on conviction to a penalty not exceeding five hundred dollars, and the said Spirituous Liquors shall be seized and forfeited.

Section - 19. Subsequent removal of spirits and Application to Farmer.

Every person except as hereinbefore provided in Section 17 of this Act, desirous of removing Spirituous Liquors from one place to another, or from the possession of one person to that of another person, shall apply in writing in the form of Schedule M to this Act annexed or to the like effect, to the Spirit Farmer of the Station, stating the quantity and description of Spirituous Liquors, the place to and from which they are to be removed, and the person from and to whose possession they are to he removed, and the time of removal;

Farmer's permit.? whereupon the said Spirit Farmer shall grant his permit in the form of Schedule N to this Act annexed or to the like effect, without payment of any fee, for the removal:

Proviso for duty.? Provided the duty leviable on the said Spirituous Liquors shall have been already paid to the Spirit Farmer of the then current year;

Proof of payment.? the onus of proof of which payment shall rest with the person applying for the permit.

Section - 20. Illicit landing, or exporting, or removing spirits.

Any person convicted of having landed or exported or removed any Spirituous Liquors contrary to the provisions of this Act, shall be liable on conviction to a penalty of one hundred dollars for the first offence;

Penalty.? to two hundred dollars for the second offence; and four hundred dollars for the third and every subsequent offence;

Forfeiture.? and the Spirituous Liquors and the vessels in which they are contained shall be seized and forfeited.

Section - 21. Fanner refusing permit, Application to Jusdiace of the Peace, Security for duty, Order of Justice of the Peace and Fee for order.

If the Spirit Farmer shall refuse on application as hereinbefore provided to grant his permit for the exportation or removal of any Spirituous Liquors, the person requiring such permit may apply in writing to any Justice of the Peace, furnishing him with a copy of the application made to the Spirit Farmer, and such Justice of the Peace, on security being given to his satisfaction for the amount of duty leviable under the provisions of this Act on the quantity of Spirituous Liquors intended to be removed, shall issue his order in the form of Schedule O to this Act annexed or to the like effect, under his hand and seal, authorizing the removal of the Spirituous Liquors, and for which order a fee of one dollar shall be paid by the applicant, and if the said Farmer shall thereafter be convicted of an offence under the next succeeding Section of this Act, such fee shall be refunded by the said Farmer.

Section - 22. Receipts by Farmers, Refusing permit and Penalty.

The Spirit Farmers at each of the said Stations shall grant their receipt in the form of Schedule P to this Act annexed or to the like effect, for every sum of money received by them as duty under the provisions of this Act, and any Spirit Farmer refusing, without good cause shown, to grant his permit for the exportation or removal of Spirituous Liquors under the provisions of this Act, or refusing to grant his receipt as above required, shall be liable on conviction to a penalty not exceeding one hundred dollars.

Section - 23. Search warrant, Information on oath, Warrant, to examine stores, Deficiency, Summons, Penalty and Duty.

Any Justice of the Peace at any of the said Stations, on information lodged before him on oath by the Spirit Farmer of the Station or his agent, that he has reason to believe that Spirituous Liquors imported into the Station have been removed from the place where the same may have been stored on importation under the provisions of this Act, without payment of duty to the said Spirit Farmer, may issue his warrant in the form of Schedule G to this Act annexed or to the like effect, authorizing the said Spirit Farmer or his agent to enter the place in which such Spirituous Liquors are or shall have been stored and examine the same, and, if it appear that there is any deficiency in the quantity which ought, according to the landing permit of the Registrar of Imports and Exports and the permits granted for the exportation and for the removal of Spirituous Liquors, to be found stored in such place, the person or persons in whose name the landing permit was issued by the Registrar of Imports and Exports or his Deputy may be summoned before any Justice of the Peace of the said Station, and on proof to his satisfaction that there is a deficiency in the quantity of Spirituous Liquors, such person shall be liable to a penalty not exceeding five hundred dollars, and shall pay to the said Spirit Farmer the duty leviable under the provisions of this Act on the deficiency:

Proviso for leakage, & c. and Proviso.? Provided always, that such person shall not be, held liable for any deficiency arising from leakage or breakage:

Service of warrant.? and provided further, that the Spirit Farmer or his agent in serving such warrant shall be accompanied by a Police Officer of the rank of Inspector at least.

Section - 24. Sugar distilleries.

From the passing of this Act, whoever being a manufacturer of sugar or whoever being in charge of a place for the manufacture of sugar in the said Settlement, shall be desirous of having a distillery at his sugar manufactory for making or distilling, or rectifying or compounding Spirituous Liquors, shall apply in writing to the Commissioner of Police of the Station within which such sugar manufactory is situated for a license;

License.? and in such application shall be inserted the name of the applicant, the situation of his manufactory, and the number and size of the stills he is desirous of keeping; and the Commissioner of Police shall grant such license renewable every year under his hand and seal to the applicant, on payment of a fee of ten dollars:

Fee and Registry.? and such license shall be registered in the Police Office of such Station or place.

Section - 25. Distiller selling, & c., Selling, & c., for exportation 160 gallons, Penalty and Forfeiture.

No licensed distiller shall be at liberty to sell to any person other than the Spirit Farmer of the Station, or to sell, send out of or deliver from his distillery for exportation, any Spirituous Liquors in a less quantity than one hundred and sixty imperial gallons, or, if in bottles, in a less quantity than fifty dozen of quart bottles or one hundred dozen of pint bottles; and every licensed distiller who shall sell, send out or deliver, or permit to be sold, sect out or delivered from his distillery, any Spirituous Liquors (except as aforesaid) shall on conviction for every such offence be liable to a penalty not exceeding one hundred dollars, and such Spirituous Liquors and the vessels in which the same are contained shall be seized and forfeited.

Section - 26. Illicit distillation, Having still in possession, Distilling, Penalty, Forfeiture and Exemption.

Every person, other than the Spirit Farmer or a licensed distiller, who shall make or distil, or rectify or compound any Spirituous Liquors, or shall knowingly keep or have in his possession any still or other utensil or apparatus, or part of such still, utensil or apparatus, for distilling or making, or rectifying or compounding Spirituous Liquors, shall on conviction for every such offence be liable to a penalty not exceeding one hundred dollars: and all such Spirituous Liquors, and every such still or other utensil or apparatus, or portion of such still, utensil or apparatus, shall be seized and forfeited, but nothing contained in this or and other Section of this Act shall be construed to extend to distillations for medicinal or scientific purposes.

Section - 27. Dealing in spirits illicitly and Having in possession.

Every person, other than the Spirit Farmer or persons duly licensed under the provisions of this Act for the sale of Spirituous Liquors, who, within the said Settlement, shall sell or purchase except for exportation any Spirituous Liquors on which the duty leviable under this Act shall not have been paid to the Spirit Farmer, and every person as aforesaid who shall knowingly have in his possession, custody or control, any Spirituous Liquors sold or purchased without such payment of duty, shall be liable on conviction to a penalty not exceeding one hundred dollars for the first offence;

Forfeiture.? and two hundred dollars for the second offence; and four hundred dollars for the third and every subsequent offence, and the Spirituous Liquors with the vessels in which they are contained shall be forfeited:

Proviso onus of proof.? Provided that it shall be incumbent on the person in whose possession any Spirituous Liquor shall be found to show that the duty leviable under this Act has been paid to the Spirit Farmer.

Section - 28. Exemption for Government.

All Spirituous Liquors imported, landed, removed in or exported from any part of the said Settlement on account of Her Majesty's Government, are exempt from the operation of this Act.

Farm of Toddy and Bhang.

Section - 29. Registry of Toddy, Bhang lands, Registry book and Inspection of book.

Every owner, renter or occupier of lands within the said Settlement, producing Toddy and Bhang, shall cause the said lands to be registered at the office of the Collector of land revenue of the Station, and shall furnish to the said Collector a statement, in writing, describing the locality of the said lands, and containing full particulars as to the number of trees used for producing Toddy, and the extent of ground cultivated with Bhang, and from time to time as alterations take place in the numbers of such trees, and in the extent of ground so cultivated with Bhang, shall report such alteration to the said Collector, who shall cause the said particulars to be entered in a book to be kept for that purpose in his office, which book shall at all reasonable times be open to the Toddy Farmer or his agent, without fee in that behalf:

Penalty.? and any person convicted of an offence against the provisions of this Section shall be liable to a penalty of one hundred dollars:

Proviso for proof.? Provided further that, on the trial of any person charged under this Section, the production of an extract from the said book of registry, signed by the said Collector of land revenue or his Deputy, shall be proof of the facts stated in the said extract till the contrary be shown by the person charged, and the omission of full and correct entries relating to the lands as to which the charge is made shall be proof against the owner, renter or occupier, that such lands have not been so registered.

Section - 30. Search warrant, to examine lands, Summons and Penalty.

Any Justice of the Peace on the information on oath of the Toddy Farmer of the Station or his agent, that there is good reason to believe that Toddy or Bhang is produced on lands in the said Settlement not duly registered under Section 29 of this Act, may issue his warrant in the form of Schedule is to this Act annexed or to the like effect, authorizing the Toddy Farmer or his agent, accompanied in either case by a Police Officer, to enter in and examine such lands, and the Toddy Farmer may apply to any Justice of the Peace for a summons against the owner, occupier or other person in charge of such lands, if not registered, or the person in whose name such lands are registered, to appear at the Police Court at the Station to answer any charge under Section 29 of this Act, and any person so summoned to appear, on being convicted of an offence against Section 29 of this Act, shall be liable to punishment as is provided by the said Section:

Proviso.? Provided that such Justice of the Peace may issue his warrant, either before or after the issue of such summons, to compel the appearance of any person charged on the information on oath of such Toddy Farmer or his agent, with having committed an offence against Section 29 of this Act.

Section - 31. Import of Toddy and Bhang and Price.

No person, other than the Toddy Farmer of the Station, shall import or export any Toddy or Bhang into or from the said Station, except in the case of imports for sale to the Toddy Farmer of the Station: and any Toddy or Bhang imported into any of the Stations shall be at once taken to the principal shop of the Toddy Farmer at the Station and there sold or delivered to such Toddy Farmer at such price as may be fixed from time to time by the Local Government:

Proviso.? Provided always, that if the Toddy Farmer shall refuse to purchase any Toddy or Bhang so imported, the importer shall forthwith export the same:

Export again, Penalty and Forfeiture.? Any person committing a breach of the provisions of this Section shall be liable on conviction to a penalty not exceeding one hundred dollars, and the Toddy or Bhang found with such person shall be seized and forfeited.

Section - 32. Dealing in Toddy or Bhang, Having in possession, Burthen of proof, Penalty and Forfeiture.

Every person within the said Settlement who shall sell or offer for sale, except to the Toddy Farmer of the Station, and every person as aforesaid who shall purchase from any person other than the Toddy Farmer of the Station of the then current year, or from a licensed Toddy Shop-keeper of the then current year, or who shall knowingly have in his possession any Toddy or Bhang, not purchased by him from such Toddy Farmer or registered Toddy Shop-keeper, the burthen of proof, of which purchase shall rest on the person charged, shall be liable on conviction to a penalty not exceeding one hundred dollars, and all such Toddy or Bhang shall be seized and forfeited.

Places of Public Entertainment where Spirituous Liquors are sold to be used on the Premises.

Section - 33. Hotels, & c. and to be registered.

All Hotels, Inns, Taverns, Bating-Houses, Punch-Houses and other houses of public entertainment in any of the Stations of the said Settlement, in which it is desired to sell Spirituous Liquors, and which are already licensed under any Act of the Legislative Council of India for regulating such places, shall be registered in a book to be kept for that purpose by the Commissioner of Police of the Station, yearly, in the last ten days of the month of April or at such other time as may be directed by the Local Government:

License, to sell for consumption on premises, Three classes and Fees.? and such Commissioner of Police shall grant a license in the form of Schedule H to this Act annexed or to the like effect, to the person desirous of opening or keeping such place of public entertainment, authorizing such person to sell by retail Spirituous Liquors under the provisions of this Act, so that the same be used or consumed in the licensed houses in which they may be purchased; and the said licensed houses may be classed by the Commissioner of Police, with the sanction of the Local Government, in three classes according to the importance of the establishment and the quantity of Spirituous Liquors likely to be consumed therein, and for such licenses a fee shall be paid, yearly, as follows: that is to say,?

For a 1st Class House ? ?	Dollars 100
For a 2nd Class House ? ?	Dollars 75
For a 3rd Class House ? ?	Dollar 50

Penalty and Forteiture.? and any person, after the thirtieth day of April in each year or such other time in may be fixed by the Local Government for the determination of the Spirit Farmer's privileges, selling Spirituous Liquors in such houses without having first obtained a license for the year, as required by this Section; and any person selling or buying Spirituous Liquors in such houses, and taking the same away from such houses or allowing the same to be so taken away, shall be liable on conviction to a penalty not exceeding fifty dollars, and the said Spirituous Liquors shall be seized and forfeited.

Licensed Shops for same of Exciseable Articles.

Section - 34. Licensed shops to be registered, Licenses, Numbers and situations, Acknowledgment of Keeper and in book of rules.

All houses or shops for the retail sale of Opium, Chandoo, Spirituous Liquors, Toddy and Bhang, shall be registered in a book to be kept for that purpose by the Commissioner of Police at each of the said Stations, who shall, subject to the sanction of the Local Government, grant to the applicant a license under his hand and seal in form of Schedule Q, to this Act annexed or to the like effect, for each shop so to be used, in such numbers and in such situations as he shall, with the sanction of the Local Government, determine: and before granting any such license, the Commissioner of Police or his Deputy shall cause to be read over and explained to the applicant the rules and regulations next hereinafter provided for, and the said applicant shall sign his name or make his mark in the presence of the said Commissioner or his Deputy, in the book in which the said rules and regulations are inscribed, in acknowledgment that the said rules and regulations have been read over and explained to him:

Copy of Bales and Penalty.? and a printed copy of such rules and regulations shall be posted in a conspicuous place in every such licensed shop: and any person opening or keeping a house or shop for such purpose without such license, or committing a breach of such rules and regulations, shall be liable on conviction to a penalty not exceeding one hundred dollars.

Section - 35. Rules to be framed and Particulars.

The Commissioner of Police at each of the said Stations shall from time to time, with the sanction of the Local Government, draw up and publish rules for the better management of such houses or shops and maintaining order therein, the times for opening and shutting the shops, and the signboards or other distinctive marks to be affixed to such houses or shops;

Police visits, Arrest of Armed persons, Disturbers, Gamblers, Breakers of the Peace, Penalty, Fee for license and Cost of signboards.? and, it shall be lawful at all times for the Commissioners of Police, their Deputies, and all superior Officers of Police to be named by the Commissioners in the rules to be published by them, to enter without warrant any of the said licensed houses or shops purporting to be so licensed, and to Arrest and take into custody without warrant any persons found in such houses armed, or making a disturbance, or gambling or committing any breach of the peace: and any person so found armed, or making a disturbance, or gambling or committing a breach of the peace, shall on conviction be liable to a penalty not exceeding fifty dollars. A fee of ten dollars shall be charged for every such license, to be paid by the person applying therefor, together with such reasonable sum as may be sufficient to cover the cost of the signboard or other distinctive mark to be supplied to the said shop-keepers by the Commissioner of Police as aforesaid; such charge to be fixed by the Commissioners of Police with the sanction of the Local Government.

Section - 36. Cancelment of license.

The Commissioner of Police at each of the said Stations, with the sanction-of the Local Government, may cancel the license of any person licensed to keep a shop under the provisions of this Act.

Section - 37. Gambling, Armed persons and Penalty.

Any keeper of a licensed shop under this Act, knowingly permitting gambling to be carried on in his shop, or knowingly permitting armed persons to be in his shop, shall be liable on conviction to a penalty not exceeding one hundred dollars.

Section - 38. Exeiseable articles not purchased from Farmers, Proof, Penalty and Forfeiture.

Every keeper of an Opium shop, Spirit shop, or Toddy shop, licensed under Section 34 of this Act, who shall sell or knowingly have in his possession any Opium, Ohandoo, Spirituous Liquors, Toddy or Bhang, which shall not have been purchased from the respective Farmers of the Station, proof of which purchase shall rest with the person charged, shall be liable on conviction to a penalty not exceeding one hundred dollars, and the Opium, Chandoo, Spirituous Liquors, Toddy or Bhang shall be forfeited.

Section - 39. Selling, except for coin, Penalty.

Every Farmer under this Act, and every keeper of any house or shop registered under this Act, who shall sell or exchange-Opium, or Chandoo, or Opium Dross, Spirituous Liquors, Toddy or Bhang, otherwise than for the coin usually current within the said Settlement, shall forfeit a penalty not exceeding twenty-five dollars.

Section - 40. Exchange for servants' wages and Penally.

Every person within the said Settlement, who shall deliver to any servant or labourer any Opium, Ohandoo, Opium Dross, Spirituous Liquors, Toddy or Bhang in consideration of wages or hire due to such servant or labourer, shall forfeit a penalty not exceeding fifty dollars.

Section - 41. Sale to soldiers and Penalty.

Any Farmer or person licensed under this Act, who shall knowingly sell or deliver to any Ruropean or Native soldier any Opium, Ohandoo, or Opium Dross, Spirituous Liquors, or Toddy or Bhang, without having an authority in writing from the Commanding Officer of such soldier, shall be liable on conviction to a penalty not exceeding fifty dollars.

Section - 42. Adulterated Spirits or Toddy, Penalty and Destruction of articles.

Any person in the said Settlement selling or offering for sale Spirituous Liquors or Toddy adulterated or compounded in such a manner as to he injurious to health, shall be liable to a penalty not exceeding one hundred dollars, and all such injurious articles shall be destroyed.

Section - 43. Compounding for offences and Penalty.

Any Farmer under this Act who shall, either by himself or by the means of any other person, take from any person who may have committed or be suspected of having committed a breach of any of the provisions of this Act, any sum of money or any goods or chattels, or other consideration whatsoever, as a compromise, reward or payment for not prosecuting such person for such offence, shall be liable on conviction to a penalty not exceeding two hundred dollars.

Section - 44. Sale by outgoing Farmers near end of term, Articles found sold contrary to this Section and Penalties and forfeitures.

No Farmer or keeper of a licensed shop for the sale of exciseable articles under this Act, shall sell any exciseable articles near the end of the term of the exclusive privilege of the Farmer, or at any time during such exclusive privilege, so as in either case to authorize the use by the purchaser of such exciseable articles at any time after twelve o'clock at noon of the second day of May of each year, or thirty-six hours after such other time as may be fixed for the termination of the exclusive privilege of the Farmer: and any person found with any exciseable articles in his possession which have not been purchased from the Farmer of the term in which the time of seizure of such articles shall happen to be, except for thirty-six hours after expiry of such term as aforesaid, shall be liable to all penalties and forfeitures to which a person may be liable under this Act, if such articles had not been purchased from a Farmer or licensed shop-keeper.

License and Permit Fees.

Section - 45. Fees for licenses to Farmers, Fines and penalties, Informer's share and Municipal Fund.

All fees received for registering licenses to keep Opium shops under this Act, shall be paid to the Opium Farmer for the time being; and all fees received for registering licenses to keep Spirit shops and distilleries and houses of entertainment registered under this Act for the sale of Spirituous Liquors, and all fees for permits to remove Spirituous Liquors under this Act, shall be paid to the Spirit Farmer for the time being; and all fees received for registering licenses to keep Toddy shops for the sale of Toddy and Bhang under this Act, shall be paid to the Toddy Farmer for the time being: and all fines and penalties whatsoever received under this Act shall, after the adjudication at the discretion of the Justices of the Peace or Magistrate of a portion of such fines and penalties to the informer, be paid into the municipal fund, established under Act No. XXVII of 1858 (for appointing Municipal Commissioners, and for levying rates and taxes, in the several Stations of the Settlement of Prime of Wales' Island, Singapore and Malacca), or that may be established by any future Act, of the Station at which such fines and penalties shall be imposed, to be applied to the general purposes of the said Act: and all articles subject to restriction under this Act, seized and forfeited, when the same shall not be ordered to be destroyed as unwholesome, shall be given to the Farmer prosecuting the case.

Revenue Officers.

Section - 46. Warrants to act, to approved persons, Acting without warrant, Police Officers, Withdrawing of warrant, Penalty and Names to be posted.

The Commissioner of Police at each of the Stations in the said Settlement may grant his warrant in form of Schedule li to this Act annexed or to the like effect, to such agents or servants of the several Parmers named in this Act as may be approved of by the said Commissioner of Police, with the sanction of the Local Government, to act as Revenue Officers at the Station in which they may be appointed; and no persons except those so appointed, and except the members of the Police Porce enrolled under the provisions of Act No. XIII of 1856 (for regulating the Police of the towns of Calcutta, Madras and Bombay, and the several Stations of the Settlement of Prince of Wales' Island, Singapore and Malacca), or any Act to be hereafter passed to the same effect, shall be competent to act as Revenue Officers under this Act: and such warrants may at all times be withdrawn by the Commissioner of Police, with the sanction of the Local Government, and any person other than a Police Officer assuming to act as a Revenue Officer under this Act, and not holding such warrant, shall be liable on conviction to a penalty not exceeding fifty dollars. The names and places of residence of every Revenue Officer in appointed shall be posted in a conspicuous place at the Police Courts of the Station.

Section - 47. Rules for acting, Revenue Officers, Police Officers and Obstructing Officers, Penalty.

Every Revenue Officer appointed under this Act shall be supplied, at the expense of the Farmer requiring his appointment, with a brass plate or staff bearing such sign or mark of office as may be directed by the Commissioner of Police, with the sanction of the Local Government: and before acting against any person under the provisions of this Act, every such Revenue Officer shall declare his office and produce to the person against whom he is about to act his said sign or mark of office. Every Police Officer acting under the provisions of this Act, if not in the uniform proper to his service, shall, in like manner, declare his office and produce to the person against whom he is about to act such part of his public equipment as the Commissioner of Police shall have directed or may direct to be carried by Police Officers when employed in secret or special service: and any person who shall, after production of such sign or mark or equipment of office, obstruct any such Police or Revenue Officer in the exercise of his duties under this Act, shall be liable on conviction to a penalty not exceeding fifty dollars.

Section - 48. Assaulting Officers, Penalty and Opposing force to force.

Any person who as aforesaid shall assault or heat any such Police or Revenue Officer, while so as aforesaid in the execution of his duty under the provisions of this Act, shall be liable on conviction to a penalty not exceeding one hundred dollars: and it shall be lawful for such Officers so resisted to oppose force to force and to execute their office or duty.

Section - 49. Extortion, Bribery, Malicious charges, Delay in going before Justice of the Peace and Penally.

Every Police or Revenue Officer who shall extort or attempt to extort, or take from any person, any money or valuable consideration as a bribe under pretence of this Act; and every person who shall offer to any Police or Revenue Officer any such bribe; and every Police or Revenue Officer who shall maliciously and without reasonable grounds arrest or detain any person under the provisions of this Act, or who shall not with the least practicable delay take any person so arrested before some Justice of the Peace for examination, shall be liable on conviction to a penalty not exceeding fifty dollars.

Procedure.

Section - 50. Search warrants, To Police Officer, To Revenue Officer, By day-light, On land, At sea, Information, Contraband articles, Utensils, Arrest on suspicion, Break open doors, Entry on ship and Seizure.

Any Justice of the Peace within the said Settlement may, by his warrant in the form of Schedule S to this Act annexed or to the like effect, directed to any Police Officer within the said Settlement or to any Revenue Officer or Officers appointed in manner hereinbefore mentioned, empower him by day or by night but if between the hours of six o'clock in the night and six in the following morning, then such warrant to be executed by or in the presence of a Peace Officer, to enter and search any dwelling-house, shop or other building or place, or any ship lying or being within the local limits of the jurisdiction of the Court of Judicature, in any case in which there shall appear to such Justice of the Peace, upon the oath of any person, good and sufficient cause to believe that, in any such dwelling-house, shop or other building, or other place, or on board any ship lying or being within the local limits of the jurisdiction of the said Court, is concealed or deposited any article subject to forfeiture under this Act, and to take possession of any such article found to be concealed or deposited therein, and of all utensils used for preparing Ohandoo or plainly intended for such use, and all stills or other apparatus used for distilling Spirituous Liquors, or portions of stills or apparatus plainly intended for such use, and to arrest and take any person or persons being in such dwelling-house, shop or building, or other place, or on board any ship lying or being within the local limits aforesaid, in whose possession, custody or control any such article may be found, or whom the said Officer or Officers may have good and sufficient reason to suspect to have concealed or deposited therein any such article, and any Officer to whom such warrant shall be directed may, in any case of resistance, break open any outer or inner doors of such dwelling-house, shop or other building, or other place, and enter thereinto, and forcibly enter any ship lying or being within the local limits aforesaid, and remove by force any obstruction to such entry, search, seizure and removal as aforesaid: Provided always, that all informations to be laid, and all warrants to be issued, and all arrests and seizures to be made under this Act, may be had or done on a Sunday as well as on any other day.

Section - 51. Offences on view, Concealment on person, Arrest, Search, by Justice of the Peace, Bail, Commitment in default of bail, Detention, Proviso, time of detention, Default of appearance and Summary procedure.

If any person shall he found committing any act in breach of this Act, or if any Peace or Revenue Officer shall have probable cause to believe that any person has concealed upon his person any article subject to forfeiture under this Act, such Peace or Revenue Officer may immediately arrest such person without a warrant, and shall thereupon immediately take such person before some neighbouring Justice of the Peace, who shall determine if there be reasonable grounds of suspicion, and such Justice of the Peace may direct such person to be immediately searched, and such Justice of the Peace, if he sees grounds for believing that an offence has been committed against the provisions of this Act, shall thereon admit the person so charged to bail on his recognizance in form of Schedule T to this Act annexed or to the like effect, with such securities as to the said Justice of the Peace shall seem sufficient, to appear before him or some other Justice of the Peace or Magistrate of Police, at a Police Court at the Station, to answer the charge, and if the person so charged shall not give such security for his appearance, such Justice of the Peace shall issue his order in writing in the form of Schedule V to this Act annexed or to the like effect, directing the person so charged before him to be taken to the principal Police lock-up at the Station with any articles subject to forfeiture under this Act, found or said to have been found with such person, and there to be kept till bail be given to the satisfaction of the same or any other Justice of the Peace, for the appearance of such person to stand his tria for the offence charged at a Police Court in the Station, and in the default of such bail to be kept in the said lock-up till the trial of the offence: Provided that no person so kept for want of bail shall be detained for any period exceeding two days: and if any person who shall have entered into recognizance to appear as above, shall not appear as required, the Justice of the Peace or Magistrate before whom he was to have appeared shall, on application, certify such non-appearance on the back of such recognizance, whereupon the sum thereby acknowledged to be due shall be recoverable in the manner provided by this Act for levying penalties.

Section - 52. Proceedingex parte.

It shall be lawful for any Justice of the Peace or Magistrate before whom a charge shall he laid against any person for a breach of any of the provisions of this Act, on being satisfied that a summons has been duly served on the person charged to appear to answer the charge, or in case the person charged shall have been admitted to bail to appear, and in either case such person shall not appear according to the exigence of the summons or bail-bond, and no sufficient cause shall be shown for such non-appearance, to proceed to the hearing of the charge as if such person charged were present.

Section - 53. Remission of sentences.

It shall be lawful for the Local Government to direct the suspension and withdrawal of any charge or proceedings before any Justice of the Peace or Magistrate under this Act, and to cancel and annul and reverse in whole or in part any order, charge, conviction or other proceeding under this Act, and to direct the refund of the whole or any part of any fine or penalty, 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, and to remit the whole or any part of any sentence of imprisonment passed under this Act.

Section - 54. Convictions, Warrant of distress, Commitment in default of distress, Form of warrant of commitment, Periods of imprisonment, Commitment without distress, Warrant of commitment and Commutation of penalties.

All penalties under this Act may be imposed on conviction of the offender, by confession of the offender or by the oath of one or more witnesses before two Justices of the Peace or a Magistrate of Police, at a Police Court in the Station; and in case of non-payment of any penalty imposed or forfeited under this Act, the convicting Justices or Magistrate may issue their warrant of distress in the form of Schedule W to this Act annexed or to the like effect, under their hands and seals, directed to any Peace Officer to levy the amount of such penalty by seizure and sale of any goods of the offender which may be found within the jurisdiction of such Justices or Magistrate: and if no such property shall be found within such jurisdiction, then the aforesaid Justices or Magistrate, by warrant under their hands and seals in the form of Schedule X to this Act annexed or to the like effect, may commit the offender to prison, with or without hard labour, for any period not exceeding two calendar months where a pecuniary penalty of twenty-five dollars shall be imposed, and in the same proportion for any greater penalty which shall be imposed; Provided always, that in case it shall appear to such Justices of the Peace or Magistrate, by the confession of the offender or in any other manner, that he has no goods whereon to levy such distress, then and in every such case it shall he lawful for such Justices of the Peace or Magistrate, if they shall deem it-fit, instead of issuing such warrant of distress, by warrant-under their hands and seals in the form of Schedule T to this Act annexed or to the like effect, to commit the offender to prison, with or without hard labour, for any period not exceeding two calendar months where a pecuniary penalty of twenty-five dollars shall be imposed, and in the same proportion-for any greater penalty which shall be imposed: Provided always, that in no case shall the term of imprisonment exceed two years.

Section - 55. Form of conviction, Not to be quashed for formal defects, & c. and Certiorari.

All convictions under this Act may be in the form of Schedule Z to this Act annexed or to the like effect, and no conviction or order shall be quashed or set aside for want of form or otherwise, and no warrant of commitment shall be held void by reason of any defect therein: Provided it be alleged therein that the party charged has been convicted of the offence and to the punishment set out in the warrant of commitment: Provided there be a conviction as aforesaid to that effect, and no conviction or order under this Act shall be removed by certiorari or otherwise, into the Court of Judicature, except as next hereinafter mentioned.

Section - 56. Appeal, Week's notice, Grounds of appeal, Transcript to be sent, to Court of Judicature, Deposit for costs of transcript, Security for costs, Security for judgment, Respite of sentence, Order to bring up persons in prison, Bail, Default of appearance, Summary procedure and form of security.

If any person shall feel himself aggrieved by any adjudication made by such Justices of the Peace or Magistrate of Police, such person shall, within one week from the day of the said adjudication, give notice in the form of Schedule AA to this Act annexed or to the like effect, to the Justices of the Peace or Magistrate who shall have adjudicated, and to the opposite party, of his intention to appeal, stating in such notice the grounds of appeal; whereupon the said Justices of the Peace or Magistrate shall cause a transcript of the proceedings, including the charge, the evidence, and the adjudication, conviction or order, to be drawn up in the form of Schedule 13 B to this Act annexed or to the like effect, and as soon, as reasonably convenient to be transmitted, certified, under their hands and seals, to the Court of Judicature at the Station: Provided always, that no such proceedings in appeal shall be allowed till the person desiring to appeal shall have lodged, a sum sufficient to cover the costs of preparing the transcript, not exceeding the sum of six cents per folio of ninety words contained in the said transcript, and shall have given security to the satisfaction of the said Justices of the Peace or Magistrate, in any sum not exceeding two hundred dollars, to answer for the costs of the said appeal, to he taxed by the proper Officer of the said Court of Judicature, and further security for the due payment of any penalty adjudicated or to be adjudicated in appeal against the person desiring to appeal: and provided further, that if any person desiring to appeal shall have been sentenced to imprisonment with or without hard labour, it shall be lawful for the said Justices of the Peace or Magistrate to have brought before them in custody such person by their order in form of Schedule CC to this Act annexed or to the like effect, under their hands and seals addressed to the Sheriff of the said Settlement, or to the Keeper of the Jail or House of Correction, or other place in which such person may be confined, who shall thereupon produce or cause to be brought before the said Justices of the Peace or Magistrate of Police the person required by the said order to be produced before them, and they shall admit such person to bail on good and sufficient security being given to then satisfaction for the surrender of such person after the hearing of the appeal to undergo his said sentence, or to pay his penalty and costs, or to be discharged and if any person so bound over to appear shall not thereafter in pursuance of the terms of the bail-bond so appear and undergo the sentence or pay the penalty and costs required, such recognizance may be forfeited by any Justices of the Peace or Magistrate of Police sitting at the said Court, and on such non-appearance being certified on the back of the said bail-bond, the amount thereof shall be levied on the goods and effects of the defaulter and his sureties in the manner provided by this Act for the levy of fines and penalties, and such security for costs or for the payment of any penalty shall be in the form of Schedule DD to this Act annexed or to the like effect.

Section - 57. Appeal to be entered on list, Rules for hearing appeals, Judgment of Court, Costs, Further evidence, Registrar of Court to certify the judgment of Court, Execution of judgment and No appeal for mere defect of form.

On the transmission of the said transcript, the said appeal shall been tered on the list of cases for trial on the civil side of the said Court, and shall be disposed of with the other business, before the said Court, subject to such rules as to time and order of hearing as may from time to time be made by the Judges of the said Court. The Judges of the said Court shall give judgment in the said appeal after hearing the parties or their advocates or law agents, and may affirm or reverse or alter the adjudication of the said Justices of the Peace or Magistrate, with or without costs to be paid as shall be ordered by the said Judges, as justice may seem to require: Provided always, that the said Judges may order the witnesses examined or tendered for examination in the Police Court in the cases on either side, to be further examined if it shall appear to them to be necessary for the due determination of the appeal, and the Registrar of the said Court shall immediately on the determination of the said appeal certify under his hand and seal to the said Justices of the Peace or Magistrate, the judgment of the said Court on such appeal, whereupon the said Justices of the Peace or Magistrate shall forthwith put into execution the said judgment: Provided always, that no such adjudication shall be overruled or altered by reason of defect of form in the charge, evidence, or adjudication or other proceeding, nor otherwise than, on the merits of the case, so as substantial justice shall best be attainable and without reference to form.

Section - 58. Seizures not to be enquired into and Trials to be on merits.

On any trial before any Justices of the Peace or Magistrate, and in any proceedings on appeal in the Court of Judicature, relating in any of the above cases to any seizure of contraband articles under this Act, it shall be lawful for the Judges of the said Court and for the Justices of the Peace and Magistrate, and they are hereby respectively authorized and required, to proceed to trial and hearing of appeals on the merits of the case without reference to matters of form, and without enquiring into the matter or form of making any seizure.

Section - 59. Actions, Limitation, three months, Notice of action and Malice and Nonsuit.

All actions and prosecutions against any person, which may be lawfully brought for any thing done under the provisions of this Act, shall be commenced within three months after the act complained-of shall have been committed, and not otherwise; and notice in writing of such action and of the cause thereof shall he given to the defendant one month at least before the commencement of the action; and in every such action, it shall be expressly alleged in the petition of complaint that the act complained of was done maliciously and without Reasonable or probable cause, and if at the trial of any such action, upon the general issue being pleaded as hereinafter provided, the plaintiff shall-fail to prove such allegation, he shall be nonsuited, or a verdict shall be given for the defendant.

Section - 60. Plea of general issue Evidence, Tender of amends, Payment into Court, Judgment for defendant, Full costs, Judgment for plaintiff and Judge to certify for costs.

The defendant in any such action may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant, and if a verdict shall pass for the defendant, or the plaintiff shall become non-suit or discontinue any such action, or if upon demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases: and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the Judge before whom the trial shall be shall certify his approbation of the action and of the verdict obtained thereupon.

Section - 61. Stamp duties.

All permits required to be granted by the Registrar of Exports and Imports or any Farmer, and all licenses granted under this Act, shall be exempt from stamp duties.

Section - 62. Counterfeiting censes and permits and Penally.

Any person who shall counterfeit, erase, alter or falsify any license authorized to be issued by this Act, or any permit required to be granted by this Act, or who shall alter or publish as true any such counterfeited, erased, altered or falsified license, knowing the same to be counterfeited, erased, altered or falsified, shall, on conviction thereof in the Court of Judicature, be punished by imprisonment for any period not exceeding five years, with or without hard labour, or in the discretion of the said Court shall be liable to a penalty not exceeding one thousand dollars.

Section - 63. Schedules and forms to be read as part of Act and Blanks in forms.

The Schedules to this Act annexed, and the directions and forms therein contained, shall he deemed and taken to be parts of this Act, and the several blank spaces in the said forms shall be filled up as required by the provisions of this Act relating thereto.

Interpretation of Words.

Section - 64.Clause 1. Interpretation Clause.

In this Act, unless there be something repugnant in the subject or context,?

?Local Government.?? ?Local Government? shall mean the Governor of the Settlement or other person performing the duties of Governor at the Station in which the Governor or such other person may then be resident, and the Resident Councillors or other persons performing the duties of Resident Councillors at the Stations in which the Governor or such other person may not then be residing.

?Settlement.?? ?Settlement? shall mean the Settlement of Prince of Wales' Island, Singapore and Malacca, with the places now or at any time hereafter to be subordinate or attached thereto, and shall include such portion of the sea along the shores of the said Settlement as may be within the local limits of the jurisdiction of the Court of Judicature of the said Settlement.

?Station.?? ?Station? shall mean any one of the Stations of Prince of Wales' Island, Singapore and Malacca, and the places now or at any time hereafter to be subordinate or attached thereto, and shall include such portion of the sea along the shores of the said Station as is within the local limits of the jurisdiction of the Court of Judicature of the said. Settlement.

?Court of Judicature.?? ?Court of Judicature? shall mean Her Majesty's Court of Judicature of the Settlement of Prince of Wales' Island, Singapore and Malacca, and the several Divisions thereof.

?Opium.?? ?Opium? shall mean any kind of Opium not prepared for smoking, chewing or eating.

?Chandoo.?? ?Chandoo? shall mean any preparation of Opium or any preparation in which Opium forms an ingredient, used for smoking, chewing or eating.

?Ohandoo Dross.?? ?Ohandoo Dross? shall mean Ohandoo already used for smoking.

?Spirituous Liquors.?? ?Spirituous Liquors? shall include spirits, or distilled waters intended for human consumption, and any liqueur or compound of spirits with fruit, sugar, honey or other sweet or hitter principle, or vegetable production.

?Toddy.?? ?Toddy? shall mean the juice prepared or unprepared of the cocoanut or other tree of the palm species.

?Bhang.?? ?Bhang? shall mean any intoxicating drug or vegetable production other than Opium used for smoking or eating as a stimulant or narcotic in its raw or prepared state, except medical preparations kept and administered by medical practitioners as medicines for the cure or relief of diseased persons.

?Importer.?? ?Importer? shall mean the person who shall take or receive from on hoard any ship, whether lying within or without the jurisdiction of the Court of Judicature, and who shall bring or cause to be brought to land within the Settlement of Prince of Wales' Island, Singapore and Malacca, any articles subject to duty or restrictions under this Act, and shall also include any person who shall bring or cause to be brought into the said Settlement any such articles by land.

?Chest of Opium.?? ?Chest of Opium? shall mean the package with the Opium contained therein, such as it is usually imported by merchants in the said Settlement.

?Ship.?? ?Ship? shall include every kind of vessel used for the conveyance of persons or things on fresh or salt water.

Number.? Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number.

Gender.? Words importing the masculine gender shall include females.

Section - 65. Short title.

This Act may be cited for all purposes as ?The Straits' Excise Act of 1866.?

SCHEDULE

A.

EXCISE KEVENUE

Farmer's Contract.

(Farmer's name) having been declared to be the Farmer of for the term commencing on the day of 18 and ending on the day of 18, and he having offered as sureties for the due fulfilment of the terms of this Contract (or and certain real [or personal] estate having been assigned by him to the Local Government as security by way of mortgage, under the provisions of the Straits' Excise Act of 1866, by the deed annexed to this Contract, or Dollars having been lodged in the local treasury by the said Farmer as a deposit).

This Contract between the Local Government and the said Farmer and his sureties and witnesseth that all the rights and privileges of Farmer of under, the provisions of the Straits' Excise Act of 1866 are hereby vested in the said for the aforesaid term.

The said (Farmer) and his sureties and for themselves, their executors, administrators and assigns, do hereby covenant and agree to pay to the Local Government, 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 on the day of the month of 18 , as the rent of the said Farm, and further covenant and agree that the said Farmer shall well and faithfully observe, perform and fulfil the several provisions, conditions and stipulations contained in the said Act, so far as they relate to the management of the said Farm, or impose any duty or obligation on the said Farmer, in as full and ample a manner as if the said provisions, conditions and stipulations had been incorporated in this Contract: And they further covenant and agree, that if the said rent or any part thereof be unpaid for the space of days after any of the days on which the same ought to have been paid, or in case of the breach of any of the provisions, conditions and stipulations of the said Act so far as they relate to the said Farm or the said Farmer, then and in either of such cases, it shall be lawful for the Local Government to determine and put an end to the said rights and privileges and dispose of the same to other persons, and in the event of any loss arising therefrom, they further covenant and agree to make good the said loss to the Local Government: And they further covenant and agree that the said Panner will make over to such, person as may be invested with the rights and privileges or the Farm at for the term next after the term herein provided for, all the stock of exeiseable articles, and the machinery and vessels required for prepariug such exerseable articles in the possession of the said Farmer at the end of the term herein provided for, at the marketable value of the said articles, machinery and vessels, and in the event of any difference arising as to the nature and quantity of articles, machinery and vessels so to be made over and the prices thereof, such, difference shall he determined by three arbitrators, one to be appointed by the said Farmer, one by the person in whom the said rights and privileges may be vested or intended to be vested for the next succeeding term, and one by the Local Government, and the award of such arbitrators or a majority of them shall be final, and the said arbitration or other settlement shall be held at such time before the end of the said term as to the Local Government may seem reasonable. It is further covenanted and agreed that all deposits as well as all securities given by them shall be held by the Local Government till all questions between the said Farmer and his sureties and the Local Government shall be finally disposed of, including matters relating to the transfer of the aforesaid exeiseable articles, machinery and vessels, to the incoming Farmer, and it shall be lawful for the Local Government on breach of any of the covenants in this Contract, such breach and the amount of penalty therefor to be held and proved by indorsement on the back of this Contract by the Local Government, stating the breach and the amount of penalty therefor, to sell and dispose of all or any of the deposits or securities made and given under this Contract, without notice to the said Farmer, or his sureties and, and to nominate an Officer of the Local Government to execute all conveyances necessary for the transfer of any such securities, and out of the proceeds of such sale and disposition to satisfy and discharge any claims under this Contract against the said Farmer, and his sureties and, when the Local Government, after satisfying all such claims, shall return to the said Farmer the said deposits or so much thereof as shall remain, and shall surrender all securities held, or the remainder of such securities or of proceeds of sale of such securities, and this Contract shall be at an end: And it is further covenanted and agreed, that the rights and privileges hereby vested in the Farmer, shall not be assigned to any other person without the consent of the Local Government, and that such assignment, if so allowed, shall not be deemed to relieve the said Farmer and his sureties and from any liability under this Contract, and the said Farmer and his sureties, and do hereby bind themselves and any one or two of them, their and any one or two of their executors, administrators and assigns, in the sum of dollars for the due fulfilment by the said Farmer of this Contract.

Signed, Sealed, and Delivered                                  at this                                 day of                                        18                  by            for the Local Government, and by                                 Farmer and                                        sureties.                          In the presence of

STRAITS EXCISE REVENUE.

Form of Mortgage.

I do hereby assign to the Local Government as security for the due fulfilment of the terms of the Contract for the Farm at for the term commencing the first day of 18 and ending the thirtieth day of 18 under the Straits' Excise Act of 1866, all my right, title and interest in the land situate in the district of in and described in Government grant or lease No dated the day of 18 and estimated to contain and do hereby make over to the Local Government the title deeds of the said land. In the event of any breach of the covenants in the said Contract by the Farmer, no proof of which breach or of the amount of penalties, forfeitures, damages and losses arising therefrom shall be required further than the indorsement of the same on the back of the said Contract by the Chief Civil Authority in the said Settlement, I do hereby for myself, my executors, administrators and assigns authorize the Local Government to sell or otherwise dispose of the land hereby mortgaged, and out of the proceeds thereof to defray any penalties, forfeitures, damages and losses, or other liability to which by the said indorsement the said Farmer shall have been declared liable, and the balance, if any, to be paid to me, my executors, administrators or assigns. And the Local Government is hereby authorized to appoint an Officer of Government to execute for me, my executors, administrators and assigns all conveyances and instruments necessary for the sale or transfer of the said lands.

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.

EXCISE IMPORTS

Bill of Specifications under Sections 6-11-15.

To the Registrar of Imports and Exports at

Sir,

Please to issue a permit to land from the ship (chests of Opium or gallons of Spirituous Liquors?name of Liquor?contained in casks?number of bottles, number and description of case or package? Chandoo Opium Dross package) within the hours from till on the day of, 18 to be stored in the (godown, shop or house) of No. 11 Street at or the Office of Registrar of Imports and Exports. Yours, & c. Date Importer.

C.

EXCISE IMPORTS PERMIT.

Under Sections 6-11-15.

(is) authorized within the hours from till on the day of 18 to land from the Ship (chests of Opium or gallons of Spirituous Liquors?name of Liquor? contained in casks?number of bottles and description of case or package Chandoo Opium Dross package) and (is) required to store the same in the (godown, shop or house) of No in Street, at or the Office of Registrar of Imports and Exports at Registrar of Imports by Exports,

D.

EXCISE REVENUE?OPIUM.

Notice to remove under Section 6.

To the Registrar of Imports and Exports at

Sir,

Please to issue a permit for the removal of chests of Opium (marks mil numbers) imported from by and stored under your permit dated the day of 18 in the godown, & c., of situate in and afterwards removed to the godown, fee, of and thence to the godown, fee., of (as often as may be necessary to get out the several removals) from the godown, & c., of to the godown, & c., of situate at in Date Yours, & c.,

E.

EXCISE EXPORTS.

Bill of Particulars under Sections 6-11-18.

To the Registrar of Imports and Exports at

Sir,

Please to issue a permit to export by ship (chests of Opium or gallons of Spirituous Liquors?name of Liquor?contained in casks?number of bottles?number and description of case or package Opium, Chandoo Opium Dross), within the hours from till on the day of 18 to (destination) the said having been purchased by me from in whose (godown, shop or house) it is now stored (or the same being now stored in my godown, shop or house) at the same being now stored in your office, and sold by me to who is desirous of exporting. Yours, & c., Date Exporter,

F.

EXCISE EXPORTS PERMIT.

Under Sections 6-11-12-18.

(is) authorized to export by ship to (chests of Opium or gallons of Spirituous Liquors?name of Liquor?contained in casks?number of bottles?number and description of the case or package Chandoo Opium Dross) within the hours from till on the day of 18, the said () having been purchased by the exporter from the same being now stored in the (godown, shop or house of situated at or the same being now stored in my office) and sold to who is required to export in terms of this permit.

Registrar of Imports and Exports.

G.

FORM OF SEARCH WARRANT.

Under Sections 8-83-30.

To the (Opium) Farmer or any Revenue Officer duly appointed imder the Straits Excise Act of 1868 or any Police Officer.

Whereas it appears to me, A B, one of Her Majesty's Justices of the Peace for the said Station, by the information on oath of that lie hath good reason to believe and doth believe that (Opium or Spirituous Liquors) have been removed contrary to the provisions of the Straits Excise Act, of 1886 from the (godown, store or house) of situated in (or that Toddy or Bhang is now being grown and prepared contrary to the provisions of the said Act, in the land of situated at).

These are, therefore, to authorize and require you to enter in the daytime with a Police Officer of this Station, of the rank of Inspector at least, the said and therein take an account in writing of all (Opium or Spirituous Liquors) found in the said (godown, store or house, or of all trees used for producing Toddy, and measure the quantity of land used for the growth of Bhang) and thereafter bring before me or some other of Her Majesty's Justices of the Peace at the said Station, at the Police Court at the said account in writing within days from the date hereof, and herein fail not.

Given under my hand and seal, at this day of 18 (Signed) Justice of the Peace.

H.

EXCISE REVENUE LICENSE.

Under Section 33.

(1st Class). Keeper of Hotel, asituated on at duly licensed under Act of is hereby authorized under the provisions of the Straits Excise Act of 1866 to sell Spirituous Liquors in the said (Hotel), so that the same be used and consumed on the premises.

Date Commissioner of Police.

I.

EXCISE SPIRITUOUS LIQUORS.

Declaration by Importer under Section 15.

To the Spirit Farmer at Take Notice that of the quantity of lauded by me on the at from the Ship and now stored in I hereby declare gallons bottles to be intended for use where stored and tender to you the sum of dollars, being for the duty payable on the same under the Straits Exeise Act of 1886 Date Importer.

K.

EXCISE SPIRITS.

Notice to remove wider Section 17.

To the Spirit Farmer at Take Notice, that I desire to remove under Section 17 of the Straits' Excise Act of 1886 gallons bottles of contained in imported by on the day of is ex ship and now stored in at and I hereby tender to you payment of being the amount of duty chargeable on the same and require from you a permit for the removal of the same from () to the godown, shop or house of situated at (or if duty already paid) the duty on the said having been already paid by the Importer (giving the name) Yours & c., Date Importer.

L.

EXCISE SPIRITS.

Permit to remove under Section 17.

(is) authorized to remove under Section 17 of the Straits Excise Act of 1866, from () to () gallons bottles of contained in (package) imported by on the day of 18 ex ship and now stored in at and I acknowledge to have received from the sum of dollars being the amount of duty chargeable on the same. Date Spirit Farmer.

M.

EXCISE SPIRITS.

Notice to remove under Section 19.

To the Spirit Farmer at

Sir,

Please to issue your permit for the removal under Section 20 of the Straits Excise Act of 1886, of gallons, & c., cases containing bottles, & c., of (name of Spirituous Liquors) imported and stored by in the godown of at and thence removed duty paid under your permit, dated the day of 18 to the godown, & c., of at (state my further removals and dates of Farmer's permits) where the said now lies, to the godown, &c, of at Yours, & c. Date

N.

EXCISE SPIKITS.

Permit to remove under Section 19.

is hereby authorized to remove (sate as in application) from the godown, & c., of at to the godown, to, of at Duty on the said Spirituous Liquors having been paid by Date Spirit Farmer.

O.

EXCISE SPIRITS.

Order to remove under Section 21.

To Wit. Whereas application has been made to me, one of Her Majesty's Justices of the Peace for the said Station, for an order to remove (here state fall particulars as required by Section 20) by (name of applicant) and whereas security to my satisfaction has been given by the said (applicant) for the amount of duty chargeable on the quantity of Spirituous Liquors intended to be removed, These are, therefore, to authorize the removal of (here state particulars) now stored in the godown of at to the godown of at there to be kept till further authorized to be removed under the provisions of the Straits Excise Act of 1886.

Given under my hand and seal, at this day of 18 Justice of the Peace.

P.

EXCISE SPIRITUOUS LIQUORS.

Receipt by Spirit Farmer under Section 22.

I hereby acknowledge to have received from the sum of dollars being the sum payable as duty under the Straits-Excise Act of 1888, for gallons bottles of declared to be for use where stored by the said in the godown of at Date Spirit Farmer.

Q.

EXCISE REVENUE LICENSE.

Under Section 34.

is hereby authorized to keep a licensed shop for the sale of (Chandoo, & c., Spirituous Liquors or Toddy and Bhang) 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 Given at this day of 18 Commissioner of Police.

R.

EXCISE REVENUE.

Appointment of Revenue Officer under Section 46.

of in is hereby, with the sanction of the Local Government, appointed to be a Revenue Officer under the Straits' Excise Act of 1866, and is hereby vested with all the rights, powers and immunities of such office under the provisions of the said Act.

DateCommissioner of Police.

S.

FORM OF SEARCH WARRANT.

Under Section 50.

To the Peace Officer or Officers within this Settlement, or to the Revenue Officer or Officers appointed according to the provisions of the Straits' Excise Jet of 1866.

Whereas it appears to me, AB, one of Her Majesty's Justices of the Peace for the said Station, by the information on oath of CD, that he has good cause to believe and doth believe that articles subject to forfeiture under the provisions of the Straits Excise Act of 1866, are concealed or deposited in the dwelling-house, shop, or other building or place of EF, or on board the ship now lying or being within the limits of the jurisdiction of the Court of Judicature of the said Settlement, These are, therefore, in the name of our said Lady the Queen, to authorize and require you, with necessary and proper assistants, to enter in the day-time into the said dwelling-house, shop, or other building or place of the said EF, or on board the ship now lying or being within the limits of the jurisdiction of the Court of Judicature in the said Settlement, and there diligently to search for the said articles, and also to authorize and require you, if a Peace Officer, and, if not, in the presence of a Peace Officer, to enter in the night-time (that is to say, at any time between the hours of six o'clock in the evening and six in the following morning) in the said dwelling-house, shop, or other building or place of the said EF, or on board the ship lying being within the limits of the jurisdiction of the Court of Judicature in the said Settlement, and there diligently search for the said articles, and if the same shall be found upon such search, that you seize and take possession of the said articles so found, and also the body or bodies of any person or persons being in the said dwelling-house, shop, or other building or place, or on, board the ship lying or being within the limits of the jurisdiction of the Court of Judicature in the said Settlement, in whose possession, custody or control any such articles may be found, or whom you may have good and sufficient reason to suspect had concealed or deposited therein any such article, and to bring the said articles and person or persons before me the said AB or some other of the Justices of our said Lady the Queen, assigned to keep the peace in the Settlement aforesaid, to be disposed of and dealt with according to law.

Given under my hand and seal at in the year

(Signed) AB,

Justice of the Peace.

T.

EXCISE REVENUE.

Recognizance under Section 51.

Be it remembered that (person charged) and (sureties) appeared before the undersigned, one of Her Majesty's Justices of the Peace for this Station, and acknowledged themselves severally as well as jointly to be indebted to the Commissioner of Police at this Station, or his successor in office, in the sum of dollars to he levied in a summary manner, by distress and sale of the goods and effects of the said severally as well as jointly under the provisions of Section 51 of the Straits' Excise Act of 1866.

The condition of the above recognizance is such, that if the above bounden shall be and appear at the Police Court at on next, the day of 18 to be further dealt with according to law, and shall not depart therefrom without leave till lawfully discharged or convicted, then this recognizance to be void and of no effect, otherwise to stand, in full force and virtue.

Taken and acknowledged before me,

DateJustice of the Peace.

V.

WARRANT OF COMMITMENT.

Under Section 61 of the Straits' Excise Act of 1866.

Whereas and have been brought, before me, one of Her Majesty's Justices of the Peace for the Station by Revenue Officer appointed or by (a Police Officer) charged with (here state charge).

And whereas it appears to me that there is good reason to believe that an offence has been committed, for which the said ought to answer at the Police Court; and whereas the said has not found bail to my satisfaction to appear to answer the said charge:

These ate, therefore, to authorize and require (the said Revenue Officer) to take the said (prisoners) to the principal Police Lock-up at there to be detained till (he) shall be brought before the Justices of the Peace, at the Police Court at to answer to the charge there to be preferred against (him) unless (he) shall before that time give bail to the satisfaction of any of Her Majesty's Justices of the Peace at this Station, for (his) appearance at the Police Court as aforesaid.

Witness my hand and seal, this day of 18

Justice of the Peace.

W.

FORM OF DISTRESS WARRANT.

Under Section 54.

To the Peace Officers or to any Peace Officer of the said Station.

Whereas AB of has been on the day of 18, duly convicted before us and EF, two of Her Majesty's Justices of the Peace, or GH, Magistrate of Police) for the said Station of the offence of against the form of the Straits Excise Act of 1866 in that case made and provided, and was thereupon adjudged by us that he the said A B had forfeited the sum of dollars for the offence aforesaid: and whereas the said A B being required to pay the said sum hath not paid the same, but therein has made default: These are to command you to distrain the goods and chattels of the said A B which may be found within this Station, to the amount of the said sum and such further sum as may be sufficient to defray the charges of making such distress, and if within five days next after such distress the said sain, together with the reasonable charges for taking and keeping the said distress, shall not be paid, to sell the said goods and chattels, and having paid out of the money arising by such sale the said sum of dollars to us, to he applied according to the provisions of the said Act, and having deducted the necessary charges for taking, keeping and selling the said distress, to return the overplus, if any, on demand to the person whom you shall find in possession of the said goods and chattels; and if no such distress can be made, that then you certify the same unto us, to the end that such further proceedings may be had thereon as to the law doth appertain.

Given under our hands and seals, this day of 18,

C D,

E F,

Justices of the Peace.

or

G H,

Magistrate of Police.

X.

FORM OF COMMITMENT WHEN IT APPEARS THAT THE OFFENDER HAS NO GOODS WHEREON TO LEVY A DISTRESS.

Under Section 54.

To the Peace Officers, or any Peace Officer, and the Keeper of the Prison of the said Station, or Keeper of the House of Correction at the said Station.

Whereas A B of was on the day of 18, duly convicted before us, C D and H F, two of Her Majesty's Justices of the Peace, or G H, Magistrate of Police for the said, Station, of the offence of against the form of the Straits' Excise Act of 1866 in that case made and provided, and was thereupon adjudged by us, that he the said A B has forfeited the sum of dollars for the offence aforesaid, to be commuted in case of non-payment of the said sum to imprisonment for with hard labour and whereas the said AB hath not paid the said sum but therein hath made default and it appears to us that the said AB has no fronds or chattels whereon to levy a distress: These are therefore, to command you, the said Peace Officers or Peace Officer, to take the said AB and him safely to convoy to the prison of the Station, and there to deliver him to the said Keeper thereof together with this precept and we do hereby command you, the said Keeper of the said prison, to receive the said A B into the said prison, there to imprison him with hard labour for the space of

Given under our hands and seals, at this day of 18.

C D,

E F,

Justices of the Peace.

or

G H,

Magistrate of Police.

Y.

FORM OF COMMITMENT.

Under Section 54.

To the Peace Officers or any Peace Officer and the Keeper of the Prison of the said Station, or to the Keeper of the House of Correction at the said Station.

Whereas A B of was on the day of 18, duly convicted before us (C D and B F, two of the Justices of the Peace, or GH, Magistrate of Police) for the said Station, of the offence of against the form of the Straits' Excise Act of 1886 in that case made and provided, and was thereupon adjudged by us that he the said A B had forfeited the sum of dollars for the offence aforesaid, to be commuted in case of non-payment of the said sum to imprisonment for with hard labour: And whereas we have issued a distress warrant to levy the amount of the said sum by seizure and sale of the goods and chattels of the said A B within our jurisdiction, and no goods and chattels of the said A B have been found within such jurisdiction, and the said A B hath not yet paid the said sum, but therein hath made default: These are, therefore, to command you, the said Peace Officers or Peace Officer, to take the said A B and him safely to convey to the prison of the said Station, and there to deliver him to the said Keeper thereof together with this precept: And we do hereby command you, the said Keeper of the said prison, to receive the said A B into the said prison, there to imprison him with hard labour for the space of Given under our hands and seals at this day of 18

C D,

E F,

Justices of the Peace,

or

GH,

Magistrate of Police.

Z.

FORM OF CONVICTION.

Under Section 55.

Be it remembered that, on the day of in the year 18, A B is found guilty before us, C D and M F, two of the Justices-of the Peace, or G H, Magistrate of Police for the said Station, of the offence of against the form of the Straits' Excise Act of 1888 in that case made and provided; And we do hereby convict him of the offence aforesaid, and do adjudge that he the said A B hath forfeited the sum of dollars for the offence aforesaid, to be commuted in case of non-payment of the said sum to imprisonment for with hard labour.

Given under our hands and seals, at the day and year first mentioned.

C D,

E F,

Justices of the Peace,

or

G H,

Magistrate of Police.

AA.

EXCISE REVENUE.

Notice of Appeal wider Section 56.

In the Police Court at

In the case of The (Opium) Farmer,

Complainant V.M.N. Defendant.

To A.B., Esq., and C D, Esq., Her Majesty's Justices of the Peace at or E F, Esq., Magistrate of Police at

Take notice, that I intend to appeal to the Court of Judicature against your adjudication in the above-named case on the following grounds:?that is to say (here stale grounds of appeal in full).

Yours, & c.

DateComplainant or Defendant.

BB.

EXCISE REVENUE APPEAL.

Under Section 56.

In the Court of Judicature of Prince of Wales' Island, Singapore and Malacca.

Division of

In the Matter of The (Opium) Farmer of versus

Charge in full (as in Charge or Summons). Mr

appeared as law agent for the Complainant, and Mr.

for the Defendant (as the case may be).

The case was called on in the Police Court in on the day of 18 before (Esq., a Magistrate of Police), or two of Her Majesty's Justices of the Peace for the Station, when the Defendant pleaded not guilty, and the following evidence was taken on oath for the prosecution:?(here copy evidence for prosecution).

The Defendant contended (here state shortly the points of defence made by or for the Defendant).

The following evidence was taken for the Defendant;?(here copy evidence for defence).

For the Complainant it was contended that (here state shortly the argument in support of the Complainants case).

The following adjudication was then made by the undersigned;?(here stale decision).

On the day of 18 (the Complainant or Defendant, as the case may be) gave notice to the undersigned of (his) intention to appeal and (has) lodged with (us) the sum of dollars for the copying of this transcript, and (has) given security to (my) satisfaction in the sum of dollars to answer the costs of this appeal, and in the further sum of dollars (the amount of penalty) for the due enforcement of the penalty awarded by (me) or to be awarded by the Court of Judicature, if necessary.

This transcript is therefore in terms of Section 58 of the Straits Excise Act of 1886 transmitted to the Registrar of Her Majesty's Court of Judicature.

Given under (my) hand and seal, at this day of 18.

Magistrate of Police,

or

Two Justices of the Peace.

CC.

EXCISE REVENUE

Order to produce person confined under Section 56.

To the Sheriff of Prince of Wales' Island, Singapore and Malacca, or to the Keeper of the Home of Correction at

These are to require you to bring before us or such other Justices of the Peace or Magistrate of Police as may be sitting at the Police Court, on next, the day of 18 the body of (prisoner's name) now in your custody, under warrant of commitment dated the day of 18 for an offence against the provisions of the Straits' Excise Act of 1866.

Given under our hands and seals, at this day of 18.

Justice of the Peace, & c.

DD.

EXCISE REVENUE.

Recognizance of Bail under Section 56.

(Defendant's name and sureties' names) appear before us, and acknowledge themselves, severally as well as jointly to be indebted to the Commissioner of Police at this Station, or his successor in office, in the sum of dollars for costs in an appeal by him forwarded under the Straits' Excise Act of 1866, and a further sum of dollars to answer a penalty adjudicated against the first above-named to be levied in a summary manner, by distress and sale of the goods and effects of the said severally as well as jointly under the provisions of Section 56 of the Straits' Excise Act of 1866.

The condition of this recognizances such, that if the above bounden (Defendant) shall, if ordered thereto on appeal by the Court of Judicature, pay the amount of taxed costs of the said appeal (and shall further appear at this Police Court within two days after the hearing and decision of the said Court of Judicature on the said appeal) and surrender himself to undergo any sentence or pay any penalty which may be ordered by the said Court of Judicature on appeal, then this recognizance to be void and of no effect, otherwise to stand in full force and effect.

Taken and acknowledged at the Police Court at this day of 18.

Justice of the Peace, & c.