Page:United States Statutes at Large Volume 52.djvu/835

 PUBLIC LAWS-CH. 532-JUNE 20, 1938 Filing provisions. Resisting, etc., s er v- ice; assault on warrant server. Penalty. Persons and corpo- rations exempted. Common nuisances. (m) The judge or commissioner must annex the affidavits, search warrant, return, inventory, and evidence, and at once file the same, together with a copy of the record of his proceedings, with the clerk of the police court. (n) Whoever shall knowingly and willfully obstruct, resist, or oppose any such officer or person in serving or attempting to serve or execute any such search warrant, or shall assault, beat, or wound any such officer or person, knowing him to be an officer or person so authorized, shall be fined not more than $1,000 or imprisoned not more than two years. PERsoNS AND CORPORATIONS EEMPTrED SEC. 15. The provisions of this Act restricting the possession and having control of narcotic drugs shall not apply to common carriers or to warehousemen, while engaged in lawfully transporting or stor- ing such drugs, or to any employee of the same acting within the scope of his employment; or to public officers or their employees in the performance of their official duties requiring possession or control of narcotic drugs; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties. COMMON NUISANCES SEc. 16. Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same, shall be deemed a common nuisance. No person shall keep or maintain such a common nuisance. NARCOTIC DRUaG To BE DELIVERED TO STATE OFFICIAL, AND So FORTH Narcoticdrugs, pos- SEC. 17. All narcotic drugs, the lawful possession of which is not session, etc., not estab- lished; disposition. established or the title to which cannot be ascertained, which have come into the custody of a peace officer, shall be forfeited, and disposed of as follows: Forfeiture,etc. (a) Except as in this section otherwise provided, the court or magistrate having jurisdiction shall order such narcotic drugs for- keptord, etc. to be feited and destroyed. A record of the place where said drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place, and manner of destruction shall be kept, and a return under oath, reporting said destruction shall be made to the court or magistrate and to the United States Commissioner of Narcotics, by the officer who destroys them. Deplieryto oard (b) Upon written application by the Board of Pharmacy, the court mitted. or magistrate by whom the forfeiture of narcotic drugs has been decreed may order the delivery of any of them, except heroin and its salts and derivatives, to said Board of Pharmacy for distribution or destruction, as hereinafter provided. Hospitals (c) Upon application by any hospital within the District of Columbia not operated for private gain, the Board of Pharmacy may, in its discretion, deliver any narcotic drugs that have come into its custody by authority of this section to the applicant for medicinal xcess stocks. use. The Board of Pharmacy may from time to time deliver excess stocks of such narcotic drugs to the United States Commissioner of Narcotics, or may destroy the same. Retcrdbo reept (d) The Board of Pharmacy of the District of Columbia shall Pharmacy. keep a full and complete record of all drugs received and of all drugs 794 [52 STAT.

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