338 ARTICLE 27.

or to public officers or employees in the performance of their official duties
requiring possession or control of narcotic drugs; or to temporary inci-
dental 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.

1935. ch. 59, sec. 285M.

285M. 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 nui-
sance. No person shall keep or maintain such common nuisance.

1935, ch. 59. sec. 285N.

285N. All narcotic drugs the lawful possession of which is not estab-
lished 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:

(a) The court or magistrate having jurisdiction: shall immediately
notify the State Department of Health and unless otherwise requested
within fifteen days by the State Department of Health in accordance with
sub-section (b) of this section shall order such narcotic drugs forfeited
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.

(b) Upon written application by the State Department of Health, the
court or magistrate by whom the forfeiture of narcotic drugs has been
decreed may order the delivery of them except heroin and its salts and
derivatives, to said State Department of Health for distribution or destruc-
tion, as hereinafter provided.

(c) Upon application by any hospital within this State, not operated
for private gain, the State Department of Health may in its discretion
deliver any narcotic drugs that have come into its custody by authority
of this section to the applicant for medicinal use. The State Department
of Health may from time to time deliver excess stocks of such drugs to
the United States Commissioner of Narcotics, or shall destroy the same.

(d) The State Department of Health shall keep a full and complete
record of all drugs received and of all drugs disposed of, showing the exact
kinds, quantities, and f onus of such drugs; the persons from whom
received and to whom delivered; by whose authority received, delivered
and destroyed; and the dates of the receipt, disposal, or destruction, which
record shall be open to inspection by all Federal and State officers charged
with the enforcement of Federal and State Narcotic laws.