Ordinance of the governor-general of July 11, 1879, enforcing new regulations concerning the sale of opium in the depots, and concerning the importation of that article into Java, Madoera, and the jurisdiction of the government of the west coast of Sumatra. [State Gazette, 1879, No. 224.-Translation.] The governor-general hereby causes it to be known: That he, considering it desirable to enforce new regulations concerning the sale of opium in depots, and concerning the importation of that article into Java, Madoera, and the jurisdiction of the government of the west coast of Sumatra, and, referring to articles twenty (20), twenty-nine (29), thirty-one (31), and thirty-three (33) of the regulations concerning the administration of the government of the Dutch Indies, has found it right and reasonable, in connection with the ordinance of November 12, 1872, State Gazette, No. 195; October 23, 1873, State Gazette, No. 203, and July 11, 1877, State Gazette, No. 133, to promulgate: ARTICLE 1. The sale of opium in depots in Java, Madoera, and the jurisdiction of the government of the west coast of Sumatra, except for the use and on account of the government of the Dutch Indies, shall not be permitted, save in the cases and in conformity with the provisions set forth in the following articles: ARTICLE 2. Vessels having opium on board are prohibited from approaching, within a distance of three (3) English leagues, the coast of Java, Madoera, the jurisdiction of the government of the west coast of Sumatra, and the islands pertaining thereto.a Vessels rigged in European style and of more than fifty (50) tons, of one and onehalf cubic meters each, are excepted from this prohibition; provided that said vessels shall not approach within three (3) leagues of the afore-mentioned coasts, either to trade or to cast anchor, except in the ports of Batavia, Semarang, Soerabaja, and Padang. The " resident" of Cheribon is authorized to permit the vessels mentioned in the foregoing section to enter the port of the capital of his province for the purpose of trading or casting anchor. ARTICLE 3. The prohibitions of the preceding articles shall not apply to vessels on board of which there is no opium other than such as is imported for the use and on account of the government, or for the use of private apothecaries, when such importation is made in conformity with the regulations in force relative thereto, or opium proceeding directly from the government factory or from the farm of the district within which the point of departure as well as the destination of said vessel is situated. The provisions of section one (1) of the preceding article, prohibiting vessels from casting anchor in certain waters, shall not apply to the Straits of Sunda or to the Straits of Bali; and said provisions shall be waived in cases of accident or danger at sea, if in the judgment of the head of the provincial or local government such action is warranted. ARTICLE 4. A captain who takes his vessel into any place situated within the parts of the Dutch Indies mentioned in article one (1), shall give notice to the harbor master's office, or, if there be no harbor master at the port of arrival, to the highest local authority thereof, of any opium which he may have on board, whether it forms a portion of his cargo or whether it is the property of his passengers or sailors. ARTICLE 5. Any opium which is not imported for the use and on account of the government, or for private apothecaries, in conformity with the provisions relative thereto, or does not proceed from the farm of the port of departure or from the government factory, shall be landed, in the cases mentioned in section two (2), article three (3), as soon as possible, and in other cases within twenty-four (24) hours after the arrival of the vessel, under the surveillance of officers to be designated for that purpose by the provincial or local authorities, and shall be placed in a public depot or other secure warehouse. a In the case of vessels registered by the government of the Dutch Indies this distance is increased to six (6) English leagues. (State Gazette, 1883, No. 171.) It is forbidden to pack or unpack the opium thus stored. The head of the provincial or local government may, in conjunction with the farmer or his agent, waive the provision of this article. If he allows the opium to remain on board the vessel he shall place said vessel under the surveillance of officers to be designated by him for that purpose. ARTICLE 6. The opium which has been placed in a warehouse in conformity with the preceding article shall be returned to the vessel by which it was imported. The head of the provincial or local government may for special reasons allow said opium to be placed on board another vessel. The head of the provincial or local government shall cause the reshipment of said opium, to take place within such time as to occasion no delay in the departure of the vessel. The opium shall so be stored on board the vessel that its presence can easily be detected. ARTICLE 7. Said opium shall be exported by the vessel on board of which it has been allowed to remain by virtue of permission granted in conformity with the last section of article five (5), or on board of which it has been shipped in conformity with article six (6), within a period to be fixed by the head of the provincial or local government. ARTICLE 8. The costs of unloading, of transfer to the warehouses, and of reshipment of said opium shall be charged to the captain. Warehouse and other similar charges shall not be collected. If in the judgment of the provincial or local authorities it is desirable that the packages of opium should be broken, said packages shall be restored at the expense of the captain. He shall also be charged with an amount, to be determined by the authorities, which shall serve as remuneration for the services of the watchman. ARTICLE 9. Persons violating the prohibitions of article two (2) shall be punished in like manner as those violating the regulations concerning the importation of opium. Persons violating the provisions of article four (4) of section two (2) of article five (5), and of section one (1) of article seven (7) shall be punished with a fine varying from one thousand (1,000) to ten thousand (10,000) florins and with confiscation of the opium, the presence of which incurred the violation of said provisions or which was not exported within the period of time specified. Said fine shall be chargeable to the vessel on board of which the opium concerned is found. The proceeds from the opium which has been seized and confiscated and the fines which have been incurred and paid for violation of the regulations set forth in this ordinance shall be distributed in the manner provided in the regulations concerning he opium farm in Java, Madoera, and the government of the west coast of Sumatra. Ordinance of the governor-general of January 8, 1892, amending the regulations concerning the importation of opium for medical purposes. [State Gazette, 1892, No. 14.-Translation.] The governor-general hereby causes it to be known that he, wishing to amend the regulations concerning the importation of opium for medical purposes, enforced by the ordinance of October 8, 1872, State Gazette, No. 170, in a portion of the Dutch Indies, and referring to articles twenty (20), twenty-nine (29), thirty-one (31), and thirty-three (33) of the regulations concerning the administration of the government of the Dutch Indies to article twenty-six (26) of the regulations concerning the opium farm in Java and Madoera, enforced by paragraph one (1) of the ordinance of July 14, 1890, State Gazette, No. 149, and to article six (6) of the ordinance of December 23, 1890, State Gazette, No. 254, has found it right and reasonable to substitute, in place of the ordinance of October 8, 1872, State Gazette, No. 170, in as far as it applies to Java and Madoera, as well as to the provinces and the districts situated in the foreign possessions mentioned in the ordinance of July 28, 1890, State Gazette, No. 155, the following regulations: ARTICLE 1. The importation, the ownership, the possession, the transference, and the sale of opium, prepared or unprepared, intended for medical purposes, are forbidden, except to persons authorized to practice pharmacy and to physicians, as mentioned respectively in articles fifty-six (56) and forty-nine (49) of the regulations concerning the municipal medical administration of the Dutch Indies, enforced by article one (1) of the ordinance of March 30, 1882, State Gazette, No. 97. ARTICLE 2. An apothecary or a physician, as mentioned in the preceding article, shall not be allowed to import for his own use more than ten (10) kilos of raw opium or six (6) kilos of prepared opium annually. These quantities may be increased to a maximum of twenty-five (25) kilos of raw opium or fifteen (15) kilos of prepared opium whenever the need thereof shall be certified by a written declaration signed by the chief medical officer of the provincial district in which the place desiring to import said opium is situated. ARTICLE 3. A written notice of each importation of raw or prepared opium, as mentioned above, made by a person authorized for that purpose by article one (1), shall be submitted by him to the office of imports, or, where no such office exists, to the head of the local government. This notice shall consist of a declaration made under oath, that the opium is intended exclusively for medical purposes, and a statement showing the quality and the weight of said opium; and in the case mentioned in section two (2), article two (2), it shall be accompanied by the certificate therein described. Notice of the quality and the weight of the opium thus imported shall be given at the office of imports or through the head of the local government. ARTICLE 4. It is forbidden to import so-called opium and anti-opium pills, powders, and drinks, and in general all other substances intended to serve the purpose of opium, or to create a taste for opium, whenever such substances contain opium or morphine. It is forbidden to prepare, to own, to have in possession, to transfer, or to sell any of the substances mentioned in the preceding section, except in the case of the persons mentioned in article one (1) and the exceptions made in the last section of the following article. ARTICLE 5. The persons mentioned in article one (1) shall not sell any raw or prepared opium legally procured by them, or any of the substances mentioned in the preceding article, to any one except: a. Each other; and b. Others, whenever the substances mentioned in the preceding article shall be prescribed in the regular manner by a licensed physician. The possession of the substances mentioned in article four (4) by the persons specified under b shall be legal only when said persons are able to prove that said substances were prescribed, and procured by them, in the manner heretofore indicated. ARTICLE 6. In the public sales of a pharmacy, the raw and prepared opium on hand and imported for medical purposes, and the substances mentioned in article four (4), shall be disposed of in the same manner. For this purpose the aforementioned substances shall be classified as poisons, and are so considered in the provisions of article eighty-two (82) of the regulations concerning the municipal medical administration of the Dutch Indies, enforced by article one (1) of the ordinance of March 30, 1882, State Gazette, No. 97. ARTICLE 7. The importation, the ownership, the possession, the transference and the sale of raw and prepared opium intended for medical purposes, aud of the substances mentioned in article four (4), except in conformity with the provisions of this ordinance, S. Doc. 265, 59—1———18 shall be punished as a violation of the ordinance concerning opium and other substances therewith classified not intended for medical purposes. The similarity of punishment shall extend to the provisions regarding the seizure of the articles involved in the violation, to the distribution of the rewards and to the division of the fines incurred and paid. ARTICLE 8. The provisions of this ordinance shall not apply to the importation, the ownership, the possession, the transference, and the sale of raw and prepared opium intended for medical purposes, and of the substances mentioned in article four (4), for the use and on account of the Government. Provisions concerning the discovery of violations of the opium ordinance within the jurisdiction of the opium regie in Java, Madoera, and the division of Lombok, consisting of the "residenties" of Bali and Lombok. No. 278.-OPIUM. In the name of the Queen! The governor-general of the Dutch Indies, the council of the Dutch Indies, assembled. Unto all who shall hear and see this, greeting: Be it known that he, in connection with the establishment of the opium regie in Java, Madoera, and the division of Lombok, consisting of the "residenties" of Bali and Lombok, being desirous of readjusting to the present conditions the provisions now in force in regard to the discovery of violations of the opium ordinance committed by persons importing, having in possession, transferring, and selling opium or the dross of opium in the "residenties" of Madoera, Besoeki, Probolinggo, Pasoeroean and the division of Lombok; and referring to articles twenty (20), twentynine (29), thirty-one (31), and thirty-three (33) of the regulations concerning the administration of the Government of the Dutch Indies, as well as to article two (2), section four (4), of the regulations concerning penalties, observed in the courts of justice in Java and the supreme court of the Dutch Indies, as well as by "residents," trying cases of Europeans and all others classified as such for violation of the opium ordinance; to article one (1), section five (5), of the regulations concerning the administration of police, the municipal_administration of justice, and the penalties to be inflicted in the case of natives and all others classified as such, in Java and Madoera; and to article one hundred and ninety-four (194), number five (5), of the regulations concerning the administration of justice in the " residenties" of Bali and Lombok, as amended by article one (1), paragraph xv, of the ordinance of August 31, 1895 (State Gazettee, No. 184), has found it right and reasonable: ARTICLE 1. That the following officials, each in his proper sphere, shall cooperate in the discovery of violations of the regulations pertaining to the importation, the possession, the transference and the sale of opium and the dross of opium within the jurisdiction of the opium regie in Java, Madoera, and the division of Lombok, consisting of the "residenties" of Bali and Lombok, to wit: 1. The controllers of the insular government; 2. The police of the foreign settlements and of the subdivision of West Lombok, as well as the "Mantri"a police, even though the latter are not attached to any provincial seat of government. ARTICLE 2. That authority to search a house, as prescribed in article one (1) of the ordinance of August 20, 1865 (State Gazette, No. 84), and as amended by the ordinance of August 9, 1874 (State Gazette, No. 201), shall be applicable to the officials mentioned in the foregoing article one (1), sections one (1) and two (2). That articles two (2), three (3), four (4), and five (5) of the above-mentioned ordinance of August 20, 1865, shall be applicable to the investigations made by said officials. ARTICLE 3. That this ordinance shall take effect on the date of its publication, and that the ordinance of January 9, 1897 (State Gazette, No. 18), shall at the same time cease to be in force. a Mantri police-native police. In order that this ordinance may be generally known, it shall be published in the State Gazette of the Dutch Indies, and as much thereof as necessary shall be translated into the native and Chinese language, and copies of such translations shall be posted for public information. It is henceforth ordered and directed that all official boards, officials, officers and justices, both high and low, shall perform with punctuality the respective duties which may devolve upon them by virtue of this ordinance, without partiality or respect of persons. Done at Buitenzorg, this fifteenth (15) day of October, 1898. Published on the twentieth (20) day of October, 1898. [Translation.] VAN DER WIJCK. A. D. H. HERINGA, Regulations concerning the opium regie in Java and Madoera. No. 277.-OPIUM. In the name of the Queen! The governor-general of the Dutch Indies, the council of the Dutch Indies, assembled. Unto all who shall see and hear this, greeting! Be it known that he, wishing to reduce to a definite form the regulations concerning the opium regie in Java and Madoera; and referring to articles twenty (20), twenty-nine (29), thirty-one (31), and thirty-three (33) of the regulations for the administration of the government of the Dutch Indies, as well as to the ordinance of February 18, 1898 (see State Gazette, No. 77), has found it right and reasonable: First. By a modification of the regulations, established by the ordinance of July 27, 1894 (State Gazette, No. 161), and amended and completed by the ordinances of November 20, 1895 (State Gazette, No. 241), and January 9, 1897 (State Gazette, No. 19), to establish the following regulations for the opium regie in Java and Madoera: ARTICLE 1. (1) The importation and the purchase of opium, prepared or unprepared, within the jurisdiction of the opium regie a (in Java and Madoera), except by the opium regie, is forbidden. (2) For the purposes of the prohibition in the foregoing section there shall be classed with opium the following: Morphine, preparations of opium, solid substances and liquids containing opium or mixed therewith, so-called opium pills, opium powders, anti-opium pills and anti-opium powders, and all other substances of this nature which contain morphia or opium or are mixed therewith. ARTICLE 2. (1) Prepared opium shall be sold at retail by the regie, in such places as require it, and which have been made known as such, through the persons appointed for that purpose, and it shall be packed in the containers adopted for that purpose. (2) The opium shall be prepared in a factory established for that purpose. (3) The governor-general shall determine the regulations for the sale of prepared opium by the regie and for the packing of said opium. ARTICLE 3. (1) Persons to whom written licenses for that purpose have been granted by the head of the provincial government are authorized to equip and to use as places for the consumption of opium such buildings as may be designated by him, and which shall be known as “kits,” and to which access shall be given to the public in general for the purpose of consuming the opium brought there to that end. These licenses shall be granted for places for the consumption of opium, both for men and for women, with the condition that such licenses may at any time be revoked in writing by the head of the provincial government. Licenses for the opening of more than one "kit" for men, or of more than one "kit" for women, where places for the sale of opium exist, as well as licenses for the opening of more than one "kit" where a Excise. |