Info: as balls for monit
hamber of diverses required.
الحمد لله
21
2.0
15.
já
15.
12
کو کھو
16
!
y
Total number of licences -53.
Total number of balls required,
to be bribed per month
3-1218
www.
day of
605
Articles of Agreement, entered into this
1882, between See Sang Kai and Wan Hiu Seung of Victoria, in the Island of Hongkong, merchants, the holders of the Government License or monopoly for the preparation and sale of Prepared Opium pursuant to the Excise Ordinance (Opium) 1858-1879, hereinafter called the Opium Farmers of the first part, aforesaid, in the District No.
Street, Victoria situate at No.
shop
of the
shop, situate at No.
of the
Trader, hereinafter called the "Sub-Licensee" of the second part, and
Street Victoria aforesaid, hereinafter called the "Surety" of the third part. Whereas the Sub-Licensee has applied to the Opium Farmers for a License to sell and retail Prepared Opium at the said shop, and the Opium Farmers have agreed to grant such License upon the Sub-Licensee signing the agreement hereinafter contained, and upon the said
becoming Surety for the payment
of the License Fees, and for the performance of all and every the conditions contained in the said agreement, and the said become such surety. Now this Agreement witnesseth as follows:---
1. The License shall be granted for the term of nine months commencing from the First day of June, 1882: to the Twenty Eighth day of February, 1883, and there shall be paid therefor a monthly Fee of
Dollars, weighed at 7. 2, in advance, the first of such payments to be made on the signing of this Agreement.
2.
At the time of signing this Agreement, besides the first monthly Fee to be paid in advance, a farther sum equal to one month's License Fee shall be paid as a
on account of the said monthly License Fee, which deposit shall go in payment of the last month's License Fee of the said term.
deposit
3. The License shall be for nine months certain, and cannot cease at any time within the said term of nine months, under the plea that the business is unprofitable or the shop has been closed, nor on any other pretext. Should the Sub-Licensee cause business before the expiry of the said term, or commit a breach of any of the conditions in this Agreement or any Government Ordinance, whereby the Opium Farmers shall suffer any loss or damage, the Opium Farmers shall be at liberty to revoke the License without refunding any moneys paid to them on account thereof, and the same shall thence become forfeited, and the Opium Farmers shall claim from the Sub-Licensee or his Surety the remaining monthly Fees for the remainder of the said term as well as the remaining monthly Fees of $ to be collected, and paid for the preparation of Opium in accordance
with clause 6 hereof.
4. Every monthly Fee must be paid between the 1st and 5th days of each month, and in case the Sub-Licensee shall make default in any such payment, the said Opium Farmers shall be entitled to withdraw the said License, and the Sub-Licensee shall make good all losses and expenses incurred by reason of such default.
5. The Sub-Licensee shall not boil or prepare any Opium either in his own shop or store, or elsewhere, but the same shall be prepared at the premises of the Opium Farmers. The Sub-Licensee shall only sell Opium prepared at the premises of the Opium Farmers. Every ball of Opium, so to be prepared, shall be calculated at the rate of 48 Taels per ball, and the Opium Farmers shall charge the Sub-Licensee the sum of $2.50 for every ball to be prepared, but the Prepared Opium derived from every ball shall be between 20 and 30 Taels in weight. All the expenses and labour in the Preparation shall be borne by the Sub-Licensee, but in the event of the Sub-Licensee requiring less than balls to be prepared per month, then, in lieu of the said sum of $2.50 per ball, the Opium Farmers shall charge the Sub-Licensee such a higher Fee per ball as shall be necessary to bring up the amount paid for preparation per month to the sum of $ so that in no case shall the Opium Farmers receive less than Dollars a month for preparation from each Sub-Licensee, but for every ball of Opium above
that the Sub-Licensee shall prepare, he shall pay the sum of $2 for each ball only. The Sub-Licensee shall report to the Opium Farmers the quantity of Opium to be prepared, and should he prepare more Opium than the quantity reported, the same shall be forfeited, and handed over to the Opium Farmers, and the same shall be considered as a breach of these conditions, and the Sub-Licensee and his Surety shall incur the liability for a breach as provided in the 15th clause hereof.
6. Every quantity of unprepared Opium, to be prepared, less than a complete ball, shall be calculated at the rate of 48 Taels per ball, and shall be charged according to weight. The expenses and labour in preparing the same shall also be borne by the Sub-Licensee.
7. The Opium Farmers will always have in hand a stock of Prepared Opium for sale, and the Sub-Licensee can either sell Opium prepared at the premises of the Opium Farmers as aforesaid, or can buy Prepared Opium from them, but the Sub-Licensee must report to the Opium Farmers daily the quantity he has sold in order that a check may be kept of the quantity prepared and on hand from day to day. In case of default in delivering such report, or in the event of the same being incorrect, all the Opium found in the shop of the Sub-Licensee shall be forfeited, and handed over to the Opium Farmers.
8. The License shall not be transferable, and shall be for the sale of Prepared Opium in the Colony of Hong Kong only. The Opium must not be kept in Lead, Copper, Iron, Zinc, or tin boxes, or in leathern pipes. Upon every intended sale of Opium for exportation, the Sub-Licensee must first deliver a report thereof to the Opium Farmers, stating the purchaser's name, the quantity to be bought, and the port to which it is to be exported, and then pay the exportation Fee to be fixed by the Opium Farmers. The Opium sold can then be packed in boxes, which must be taken to the premises of the Opium Farmers for examination, and on a satisfactory examination having been made, a permit or certificate will be given, to be attached to the outside of the box, to serve as proof that duty has been paid, and all lawful formalities complied with. If any box is discovered without having the permit or certificate so attached, the same shall be forfeited, and handed over to the Opium Farmers, and the Opium Farmers shall also be at liberty to revoke the License without returning any moneys paid to them on account thereof, and the same shall thence become forfeited, and the Opium Farmers shall claim from the Sub-Licensee or his Surety the remaining monthly Fees for the remainder of the said term as well as the said remaining monthly fees of $ to be collected, and paid for the preparation of Opium in accordance with clause 6.
9. When the Sub-Licensee wishes to prepare Opium at the premises of the Opium Farmers, he must bring the raw Opium to the premises of the Opium Farmers between 6 a.m. and noon. All Prepared Opium remaining on hand must be sold by retail from day to day, and must not be collected in any kind of box or leathern pipe aforesaid. Before any sale and delivery of Prepared Opium exceeding 20 taels weight, in quantity, can be made, there must first be delivered a report thereof to the Opium Farmers, and if any Prepared Opium exceeding 20 taels in quantity be sold without such report having been delivered, the same shall be forfeited, and handed over to the Opium Farmers who shall be at liberty to revoke the License without refunding any moneys paid to them on account thereof, and the same shall thence become forfeited; and the Opium Farmers shall claim from the Sub-Licensee or his Surety the remaining monthly Fees for the remainder of the said term as well as the said remaining monthly fees of $ to be collected, and paid for the preparation of Opium in accordance with Clause 6.
10. The Sub-Licensee shall not construct furnaces nor prepare Opium in his own shop nor in any other place in the Colony. He shall not buy Prepared Opium from other persons or shops, and sell it together with that which has been prepared at the premises of the Opium Farmers. If such misconduct should be detected on the part of the Sub-Licensee, the Opium in question shall be handed over to the Opium Farmers.
11. The Sub-Licensee shall sell Prepared Opium of good and pure quality only, and not of inferior quality.
12. If the Sub-Licensee wishes to remove his business to another house, the Opium Farmers must first be informed thereof; and if the intended house be found not to interfere with the business of any other Sub-Licensee, the removal shall be allowed. No false excuse for removing such business, such as that the landlord has given notice to quit, or that he has raised the rent, shall be allowed. In case any unusual circumstance should occur in the vicinity, such as fire, rendering it impossible to carry on the business in the Licensed premises, the Sub-Licensee shall be allowed to remove to another shop in the neighbourhood, whether his removal interferes or not with the business of any other Sub-Licensee, but the Sub-Licensee shall not in that case be at liberty to stop business without paying the remaining monthly Fees for the remainder of the said term as well as the said remaining monthly Fees of $ to be collected and paid as aforesaid.
13.
This Agreement is drawn out in Chinese and English; should any legal proceedings be taken against the Sub-Licensee for breach of this Agreement, or any of the conditions thereof, both parties consent to abide by the English version as containing the true meaning thereof.
14.
15. To all the above conditions, the Sub-Licensee and his Surety have consented, and in case of the breach of any one of these, apart from the Fines that may be inflicted under the Opium Ordinances or the regulations thereunder, the Sub-Licensee or his Surety shall pay to the Opium Farmers the sum of $500, not by way of penalty, but
as compensation in the nature of liquidated damages, and the Opium Farmers shall also be at liberty to withdraw the License so granted to the Sub-Licensee, who and his Surety will also have to pay all the remaining monthly Fees for the remainder of the said term.
WITNESS the hands of the parties aforesaid the day and year aforesaid.