Page:United States Statutes at Large Volume 42 Part 1.djvu/625

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SIXTY-SEVEN TH CONGRESS. Sess. II. Ch. 202. 1922. 597 character; or (2), if an other narcotic dru , be seized and forfeited S°*”“¥°°¤d*°'*°“¤*‘° to the United States (liovernment, withoug regard to its value, in giorigisiiciiigs for mm the manner provided by sections 3075 and 3076 of the Revised Stat- P *§£;0S·#“°°·’·**°75·i*°’°· utes, or the provisions of law hereafter enacted which are amendatory l i , _ of, or in substitution for, such sections. Any narcotic drug which is er?°irimriiiitli»¤ir$ii.Lii{§ forfeited in a proceeding for condemnation or not claimed under "g°“°Y· such sections, or which is summarily forfeited as rovided in this subdivision, shall be placed in the custody of the hoard and in its discretion be destroyed or delivered to some agency of the United States Government or use for medical or scientific purposes. _ " (e) Any alien who at any time after his entry is convicted rmder ¤¤ii$ffa°:1°':i°fi1gi;a1°h°rii°i€ subdivision (c) shall, upon the termination of the imprisonment p°"°“°“¤°"°· imposed by the court uppn such conviction and u on warrant issued by the Secretary of La or, be taken into custodp and de orted in accordance with the provisions of sections 19 and 20 of thie Act of V°l·3°*pP·“8°=s°°· February 5, 1917, entitled ‘An Act to regulate the immigration of aliens to, and the residence of aliens in, the United States,’ or provisions of law hereafter enacted which are amendatory of, or in substitution for, such sections. P " (f) Whenever on trial for a violation of subdivision (c) the de- ervroraaon, °vm°°°° fendant is shown to have or to have had possession of the narcotic drug, such possession shall be deemed sufficrent evidence to authorize conviction, unless the defendant explains the possession to the satisfaction of the jury. M m { el - “ (g) The master of any vessel or other water craft, or a person in ¤¤rii°5brsirK$Q”w;$§°5i ch§§e of a railroad car or other vehicle, shall not be liable rmder P'°S°”°° °‘ ¤°'°°“°- su vision (c), if he satisfies the jury that he had no knowledge of and used due diligence to prevent the presence of the narcotic drug in or on such vessel, water craft, railroad car, or other vehicle; but the narcotic drug shall be seized, forfeited, and disposed of as provided in subdivision (d)." V0] 38 M Sec. 2. That sections 5 and 6 of such Act of February 9, 1909, as sa. ’°‘ '"”°"°' amended, are amended to read as follows: _ “SEo. 5. That no smokin opium or opium prepared for smoking 0g ifiii shall be admitted into the IInited States or into any 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 States for immediate exportation or Ramen th r for any other purpose; and except with the approval o the board, narmaa. °" °“ ° ° 11}% other narcotic drug may be so admitted, transferred, or transs e . ‘?S)nc. 6. (a) That it shall be unlawful for any person subject to ..¤i§°}??5if"” “"°°°i°° the jurisdiction of the United States Government to export or cause ‘ to be exported from the United States, or from territory under its control or jurisdiction, or from countries m which the United States exercises extraterritorial jurisdiction, any narcotic drug to any other country: Provided, That narcotic drugs (except smokrnghoprum and mms oggum prepared for smoking, the exportation of whrc IS hereby gégoyimwcw rv- 8 olutely rohibited) may be exported to a coimtry only which has rrrgrogirrsrz. 1‘&tiHed and, become a party to the convention and final protocol be- °“·*’·‘m· tween the United States Government and other powers or the suppression of the abuses of opium and other drugs, commonly known as Rémmnm the International Opium Convention of 191_2, and then only 1f (1) ` such country has instituted and maintains, m conformity with_ that convention, a system, which the board deems adequate, o permits or licenses for the control of imports of such narcotrc drugs; (2) the narcotic drug is consigned to an authorized permitteeg and (3) there is frunished to the board roof deemed adequate by rt, that the narcotic drug is to be applied exclusively to medical and legitimate uses within the country to which exgorte , that it will not be reexported from such country, and that there is an actual shortage of and a