17. In any proceedings under this Enactment, a certificate signed by the Superintendent that any chandu has been analysed by him or by his directions and is not Government chandu shall be evidence of the facts so certified, and neither the Superintendent nor any person who shall have made the analysis referred to in such certificate shall be cross-examined with regard to the contents of such certificate.

18. In any proceedings under this Enactment the burden of proof that any chandu is Government chandu shall be upon the person alleging the same.

19. Any person who shall make, deliver, or supply any requisition, return, or account, or any statement of particulars, or other written statement required by this Enactment, or by any rules thereunder, shall, if the same be false or incorrect either wholly or in part to the knowledge of the person so making, delivering, or supplying it, whether it has been signed by him or not, be liable on conviction to a fine not exceeding 1,000 dollars.

20. Any person who shall be convicted of any contravention of any provision of this Enactment, or of any rule thereunder, for which no penalty is otherwise expressly provided, or of abetting such contravention, shall be liable to a fine not exceeding 100 dollars, and if the offence is a continuing one, shall be liable in addition to a fine not exceeding 10 dollars in respect of each day during which such offence shall be continued.

21. (i.) The Court of a Magistrate of the First Class shall have power to impose any penalty provided by this Enact

ment.

(ii.) The imprisonment which may be given in default of payment of any fine imposed under section 5 or section 6 of this Enactment may extend to the full term of imprisonment with which the offence is punishable under these sections.

22. All fines and forfeitures under this Enactment, or under any rule made thereunder, shall be paid to the Superintendent, and shall be disposed of in such manner as the Superintendent, with the approval of the Resident, may direct.

23.-(i.) In each State the Resident may, with the approval of the Resident-General, from time to time make rules

(a.) To prescribe the fees to be paid for licences under this Enactment and for the transfer of such licences.

(b.) To prescribe the form of licences under this Enactment and the conditions to which such licences issued in the State shall be subject.

(c.) To prescribe the price or prices at which Government chandu may be sold in the State or in any specified district of the State.

(d.) To provide for the management, inspection, and control of premises licensed under this Enactment.

(e.) To provide for the observance of sanitary conditions and requirements, and of due order and decency on such premises.

(f) To prescribe the hours during which such premises may be kept open.

(9.) To prescribe the books of account to be kept by the holder of a licence, and the language and manner in which they are to be kept.

(h.) Generally to give effect to the provisions of this Enact

ment.

(ii.) All such rules shall be published in the "Gazette," and shall within such State have the same force as if they were part of this Enactment.

24. (i.) Nothing in this Enactment shall apply to the importation, preparation, sale, or possession of opium or chandu for medical purposes only, by or on behalf of the Government, or by any person licensed to sell poisons under any Enactment to regulate the possession and sale of poisons or deleterious drugs.

(ii.) Nothing in this Enactment shall apply to any opium or chandu in the medicine chests of ships in a reasonable quantity, or to any opium or chandu claimed on arrival at any port by the master of a steamer of more than 100 tons burthen as part of the sea stores of such ship, and kept in a place of safety under the sole custody and control of such master for as long as the ship remains in port, which is not in excess of the quantity which may reasonably be required for use as sea stores on board such ship to the next port of call outside the Colony or the Federated Malay States, or to any chests or packages of opium on board any steamer of more than 100 tons burthen, provided such chests or packages are correctly shown in the manifest of such steamer and declared as soon as possible after the arrival of such steamer in the waters of any State to the proper officer of customs.

(iii.) Nothing done by any officer of the Government in the course of his duties shall be deemed to be a breach of the provisions of this Enactment.

25.-(i.) No action shall be brought against any person for anything done, or bona fide intended to be done, in the exercise or supposed exercise of the powers given by this Enactment, or by any rules made thereunder

(a.) Without giving to such person one month's previous notice in writing of the intended action and of the cause thereof.

(b.) After the expiration of three months from the date of the accrual of the cause of action.

(c.) After tender of sufficient amends.

(ii.) In every action so brought it shall be expressly alleged that the defendant acted either maliciously or negligently and without reasonable or probable cause, and if at the trial the plaintiff shall fail to prove such allegation, judgment shall be given for the defendant.

(iii.) Though judgment shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the

defendant unless the Court, before which the action is tried, shall certify its approbation of the action.

Temporary Provisions.

26. Upon the coming into operation of this Enactment, every person in whom immediately before such coming into operation the exclusive right of making or preparing chandu in any area was vested, or who immediately before such coming into operation was the holder of a licence empowering him to manufacture or sell chandu, or to keep a public chandu smoking shop, shall, upon demand by the Superintendent, produce for his inspection and permit him to inspect, examine, and take extracts from all books of account kept by such person in connection with such business.

27. (i.) Upon the coming into operation of this Enactment, every person in whom immediately before such coming into operation the exclusive right of making or preparing chandu in any area was vested, or who immediately before such coming into operation was the holder of a licence empowering him to manufacture or sell chandu, or to keep a public chandu smoking shop, shall, if the Superintendent shall so demand, make over to the Superintendent all opium or chandu in his possession.

(ii.) All opium or chandu taken over by the Superintendent shall be paid for by him, in the case of opium, at the market value thereof on the day immediately preceding the passing of this Enactment, and in the case of chandu, at the market value of the opium contained in such chandu, together with a reasonable allowance (not exceeding 10 cents per tahil) to cover the cost of manufacture.

(iii.) In the case of any dispute as to such market value in any particular locality, the question shall be referred to the Commissioner of Trade and Customs, whose decision in the matter shall be final.

28. Nothwithstanding any of the provisions of this Enactment, it shall not be an offence for any person who may lawfully have bought chandu before the coming into force in any State of this Enactment to have in his possession in such State any chandu at any time before noon on the third day after such coming into force of this Enactment.

It is hereby enacted by the Rulers of the Federated Malay States in Council as follows:

1.-(i.) This Enactment may be cited as "The Merchandise Marks Enactment, 1910, Amendment Enactment, 1911," and shall come into force upon the publication thereof in the "Gazette."

(ii.) This Enactment shall be read and construed as one with "The Merchandise Marks Enactment, 1910," hereinafter called

"the principal Enactment," and copies of the principal Enactment printed after the commencement of this Enactment shall be printed with the amendments and additions made by this Enact

ment.

2. Sections 6, 10, and 16 of the principal Enactments are amended by deleting the word "State" wheresoever it appears in those sections and inserting in its place the words "Federated Malay States."

3. Sub-section (ii) of section 11 of the principal Enactment is amended by deleting the word "has" in line 2 of sub-section (ii) and inserting in its place the word "had."

ORDINANCE of the Government of Fiji to Prohibit the Manufacture, Sale, and Importation of Matches made with White Phosphorus.

[No. 8.]

I assent.

EVERARD IM THURN.

[Assented to June 16, 1910.]

BE it enacted by the Governor with the advice and consent of the Legislative Council as follows:

1. This Ordinance may be cited for all purposes as White Phosphorus Matches Prohibition Ordinance, 1910.”

"The

2. For the purposes of this Ordinance the expression "white phosphorus" means the substance usually known as yellow or white phosphorus.

3.-(1.) It shall not be lawful for any person to use white phosphorus in the manufacture of matches.

(2.) The occupier of any factory or workshop in which white phosphorus is being used in contravention of this section shall be liable to a fine not exceeding 107., and in case of a second or subsequent conviction not less than 17. for each offence.

4. It shall not be lawful for any person to sell or offer or expose for sale, or to have in his possession for the purpose of sale, any matches made with white phosphorus, and if any person contravenes the provisions of this section he may on complaint to a Court of Summary Jurisdiction be ordered to forfeit any such matches in his possession, and any matches so forfeited shall be destroyed or otherwise dealt with as the Court may think fit.

5. It shall not be lawful to import into the Colony matches made with white phosphorus, and matches so made shall be included amongst the goods enumerated and described in the table of prohibitions and restrictions contained in section 104 of the "Customs Regulation Ordinance, 1881."

Passed in Council this 6th day of June in the year of our Lord, 1910.