The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-02-18

Be IT ENACTED by the Executive and
Advisory Councils ofthe Provisional
Government of the Hawaiian Is
lands.
SECTION /. The importation OF opium
or any preparation thereof into the Ha-
waiian Islands, except as authorized by
Section OF this act, is hereby strictly
prohibited, and whoever shall import,
sell, give or furnish opium, or any pre-
paration thereof, TO any person in the
Hawaiian Islands, except as prov ded in
Section 9 of this Act, shall be liable TO
penalty of not less than five hundred
dollars, nor more than two thousand
dollars, and to be imprisoned at hard
labor for any term not less than six
months, nor more than two years; one
hat of which pecuniary penalty shall be
paid to the party giving the information
which shall lead to the conviction of the
offender.
SECTION 2. The Board oil Health NAV
from time import such quantities of
opium, or preparations thereof, as the
said Board shall deem necessary for
medical purposes in the Hawaiian ISL
ands, and shall furnish it at cost price to
any physician or surgeon having a
diploma or certificate from some medical
college or university, and who has a
license TO practice medicine in the Ha-
waiian Islands; also to the person in
charge of the medicines at the Leper
Settlement at Molokai, to be issued ex-
clusively for medical purposes. And the
said Board may also furnish it to the
captain or surgeon of any vessel bound
to foreign port for use on board OF such
vessel.
SECTION 8. Any person who shall
have in his possession opium, or any
preparation thereof, which he shall not
have received from the Board Of Health,
or from duly licensed physician or
surgeon, as prescribed in Section of
this Act, shall forfeit such opium or pre-
paration thereof to the Government, and
the same shall be seized and delivered
TO the Board OF Health; and such person
shall be liable to penalty of not less
than fifty nor more than two hundred
and fifty dollars, or to be imprisoned at
hard labor for term of not less than one
month nor more than six months, or
both, in the discretion of the magistrate,
one-half of which pecuniary penalty
shall be paid to the party giving the in
formation which shall lead to the con-
viction OF the offender.
SECTION 4. Any physician or surgeon
who shall sell, prescribe or furnish
opium, or any preparation thereof, to
any person in the habit OF smoking or
otherwise using the same, or to any
other person, except as a remedy in case
of sickness, shall forfeit to the Govern
inert all opium, or preparations thereof,
which may be in his possession and it
shall be seized and delivered to the
Board OF Health, and he shall be fired
in the sum OF not less than twenty-five
nor more than one hundred dollars and
if he shall violate this Act more than
once he shall not again be furnished
with opium by the Board of Health.
SECTION 5. All confiscated opium or
IL
come into the possession OF the Board of
Health, shall be securely kept until such
time as the same shall be disposed of as
hereinafter provided, except that where
the quantity of opium seized shall be less
than one one-half pound tin the same
shall be destroyed.
SECTION 6. The Board OF Health shall
as soon as practicable sell all confiscated
opium or preparations thereof which
shall have come into its possession, and
at such price as it shall deem fit, such
sale may be either public or private, in
the discretion of the Board; provided
that all opium so sold shall be exported
from this country. One half of the gross
proceeds derived from the sale of con-
fiscated opium shall go to the informant
in addition to the compensation as pro-
vided in Section ! of this Act, and the
balance shall be the property of the
Government.
SECTION Z. The several District Mag
istrates are hereby invested with autho-
rity to try and determine all cases arising
under this law.
SECTION S. Nothing in this Act shall
be construed to exempt any person or
vessel from the pains and penalties pre-
scribed by the laws of the Hawaiian
Islands against smuggling, nor to affect
any prosecutions pending at the date Of
the approval of this Act
SECTION 9. An Act entitled can Ac
to Provide for and Regulate the Importa.
ton, Sale and Use of Opium and Prepar.
atoms thereof" approved ON the 18th
day of January, A. d. 1898, and all other
laws and parts of laws in conflict with
the provisions of this Act are hereby re-
pealed.
SECTION 10. This Act shall take effec
from the date of its publication.
Approved this 18th day of February
A. d. 1898.
tSigned) SANFORD B. DOLE,
President OF the Provisional Govern
ment of the Hawaiian Islands.
(SigI ed J. A. KING,
tf;p;Cfor IF tba Tptar;or