Page:United States Statutes at Large Volume 44 Part 1.djvu/650

 § 179 1*12*1,1; ,21.-rot on any such vessel, water craft, or vehicle of such article, ehell not report- the same to the principal otiicer thereof, shall be suhjoct to the penalty provided in Section 174 of this, title. Whenever on trial for violation of this Section the defendant is _ shown to b:1ve»0r to have had possessioh of snch opium, such possession shall be deemed sumcient evidence to authorize conviction, unless the defendant shall explain the possession to the satisfaction of the jury. (Jan. 17, 191-1, c. 9, § 4, 38 Stat. 275.) 179. Sane; masters of vessels; persons in charge of railroad oars, and so forth; liability of; forfeiture;-Any master of a vessel or other water craft on-person in charge of :1 railroad car or other vehicle shall not be liable under section 178 of· this title if he shall satisfy the jury that he had 110 knoygledge and used due. diligence to prevent the presence. of., such article in or, on such vessel, waiter craft, car, or other vessel, and any such article `shall be forfeited and shall be destroyed. {Jan; 17,1914, c. 9, § 4, 38 Stat. 275.) o 180. Smoking opiun mt. admitted for trnrtspurtotiun to, another country nor transferred from one vessel to mother; o other narcotic drugs.-——No SII1>0kiIlgK0[JiUl.i1 or opium prepared j for smoking shall be admitted into the United States or intoj may territory under its control or jurisdiction for transportation to another country. or be transferred or transshipped from one  vessel to another vessel within any- waters of the United Smtcsj for immediate exportation orfor any otheijpurpose; und except  with the approval of the board, no other narcotic drug may be so admitted, transferred. or trensshipped. _ (Feb. 9, 1909, c. 100, 5 5; Jan. 17, 1914, cj 9, 38 Stat. 275; Many 26, 1922, c. 202,,. § 2, 42 Stat. 597.) - s I _ Q 181. {resumption ind burden of proof ae to importation of smoking opium;-All smoking opium or opium prepared for smoking found within the United Suites shallibe presumed. to have. been imported contrary to law, and the harden ‘of proof; shall be onrthe claimant or the amused to rebut suih~presumption, (Jam. 17, 1915t, c. 9, § 3,  Stat. 275.) ‘ . 182. Exportntiori of narcotic drugs prohibited; exception; reqeests for wpies of laws of foreign governments; rules sand regulations by board.-—·(a$ It shall·be·u·nl:1wful for any person subject to the jurisdiction of the United Suites Government to export or cause to be exported. from the United States, or from territory under its control or jurisdiction, or from countries in which the United Stowe exoecises extraterritorial.jurisdiction, any narcotic dwg to hey other country. Narcotic drugs (except emokiugiogiiom and opium prepared for smoking, the ex- ])01°[iifi(3!l of which is absolutely prohibited) may be exported to zi country only which has ratified and become a party to the convention audhxml protocol between the United States Government nod other powers for the éupprmwh of the abuses of opium and other drugs, commonly known as the Ihitemntioeal Opium Convention of 1912, ind thm only if (1)» such country has iHS£“ll(t1i'I¤dimliBUti¤8, in conformity with that convention, a system, whl& the board deems ndoqitle. of permits or liceom for the control of imports ot. such uaréotiedrugsig (2; the narcotic` drug ie consigned to arrauthoritzcd tprmittee; and (3) there ie furnished to the board proof deemed hdequote by it, that the narcotic drug ie to he applied exclusively to medical end legitimate uses within the country to which or-‘ portetl, that it will hot be reexported from such country, and that there is tm actual shorthee of and. 1 demand for the narcotic drug for medical and legitimate  within oucheouytry. ‘ I _ (b) The Secretary of State shall roqmt all foreign governments to communicate through the diplomatic chhhnels copies of the laws mid regulotione prooulgtted in their respective countries which prohibit or regulate the importhtioo and shipment ih transit ot my ¤a,rco‘t& drug ami, when received, advise the hoord thereof; ‘ “ ·

kD AND DRUGS 636 (q) The hoard shall make and publish all proper regulemmg to carry into effect the authority vested in it by this su`bel1aptor. i (Feb.,.9, 1909, c. 100, § 6; Jan. 17,\1914, c. 9, 38 Stat. 275; May 26, 1922, c. 202, § 2, 42 Stat. 597.) I 183. Same; punishment; share of inc rto informer.——Any persoxl who exports orcnuses to be exported any narcotic drulge iurviolntion of the preceding eection shall be lined in any sum not exceeding $5,000 nor less than $50 or by, imprisonment for any time not exceeding two years, or`b0th. And one—hnlf of any line recovered from nny person orpereons-convicted of eu _olfeuse under any section of this subchapter may be paid to the person or persons giving information leading to such, roeovery, und one-half of any bail forfeited and collected in any . proceedings brought thereunder may be paid to the person or persons giving the information which led to the inetitntion ol such proceedings, it sp directed bi the eourt exercising .jm·;e- diction or the case. No payment for giving information shall be mnde to only officer or employee of the United States. (Jon, 17,.1914, c. 9, § 7, 38 Stat. 277.) · ` · 184. Seizure and forfeiture of narcotic drugs fmmd on vegsel and not shown on manifest or landed from rmel Without permit; penalty agninst mnstcr of vessel; with&¤g clearance papers;  itigation   re¤ti  ¤£ ferfeiwu and penaltiesw-A .‘nzu·cotic- drug that is found upon, an vessel arriving at n port of the United States or territory nnder its control, or jurisdiction end is not shown upon the vesselfs mnifeet, or that is landed from any snch vessel without a permit tire: obtained from the collector of customs for fshnil P shall be seized, forfeited, and disposed of ln the manner provided in _ the second paragraph of section 173 of this title, and the 1 master of. the Yeseel shall be linble (1) if the narcotic drug is smoking opium, to apenalty of $25 an ounce, and (2) if nny other narcotic drug, to` at penalty equal to the value of the narcotic drug. ‘ _ . Such penalty shall constitute a lien upon the vessel which may be eurorceu by proceedings by libel in rem. Clarence ot the vessel from n port of the United States may be withheld ‘ until thepenalty is paid, or until there ig deposited vdtln the collector of customs at the port, a- bond `in n penal sun; double the amount of the penalty, gvith snreties npprored by the collector, and conditioned `on the payment of the penalty (or eo much thereof as ln not remitted *by the Secretary of the Treasury) and of all costs and other expénsesto the Government in proceedings for the recovery of the penalty, in ease tl1e`,maSter*o application for remlmion ot the penalty is denied in whole or in part by the Secretary ot u1SA·T1’Q8S\l!’Y.\ The provisions of low for the mitigation and remimlon of pennlties and forfeitures incurred- for violations of the onetotns laws, shall apply ·to penalties incurred for a, violation of the provisions of this section. {Felt 9, ww, c. 100, § 8; Jun..1T, 1914, c. 9, 38 Stat. 277; May 26,1922, c.  S 3, 42 Stat. 598.)` _ _ _ _185,` Cit&tion.¤—»Section§·· 171 to 184 of this title may be cited as the "Nnrcotlc Drngeilnxport and Export Act," (Feb. tl, 1909, c. 100, 5 9; May 26,1922, c, 202, 5 4, ·:§2.Stnt. 598.) IMPORTATION. BY CHINESE SUBJECTS OR TRAI•`l·`I(‘K— ING 1N,_IN CHINAQBY UNITED STATES CITIZENS 191. Opin; importation by Chinese prohibited; pmaltye-—— _ The importation of opimn into any of the ports of the United , Staten by any énbjeet, of the Emperor of China is prohibited. Every person gnilty of n violation ot the p¤§·ding provision shnlllbs  guilty of n mlsdexnetmorg and, on eonviction thereof, shell be punished by n line ot hot more than $500 nor lens than $50, or by. imprisonment lor n period ot not more than six mont& nor less than thirty tloye, or by both sncb noe