14
5. The Opium Farmer will on entering on the privileges of his Farm take over from the outgoing Opinn Farmer all his stock of exciseable articles at such prices as may be settled subject to the proviso hereinafter contained for arbitration in case of difference.
4. The said Opium Farmer will not at or near the end of the term here in provided for prepare more than the usual quantity of chandu or sell any chandu at less than the average current prices of the day and will not sell, export or otherwise make away with, or dispose of any of the stock of opium or chandu or the machinery and vessels required for preparing chanda but will make over to such persons as may be invested with the rights and privileges of the Opium Farmer of the said District for the term next after the term herein provided for the full and complete stock of opium and chandu and machinery and vessels required for preparing chandu proper and sufficient for the due carrying on of the said Farm at the marketable value of the said articles machinery and vessels so to be made over.
7. In the event of any difference arising as to quantities of chaudu prepared or sold during the last three months of the Farin and the price thereof and of the nature and quantity of articles machinery and vessels so to be purchased or made over and the prices thereof such difference shall be determined by one or more references by three Arbitrators one to be appointed by the Opinm Farmer, one by the incoming Opin Farmer and one by the Governor and the award or awards of such Arbitrators or of a majority of them shall be final, and the said arbitrations or other settlements shall be held at such time, at or before or after the end of the said term as to the Governor may seem reasonable.
8. The chandu sold by the Opium Farmer shall be of a quality to be approved from time to time by the Government Analyst as good and merchantable chandu equal to the standard of the chandu hitherto manufactured and sold in the Districts as Farm chaudu; and the said Farmer will from time to time whenever called upon by the said Analyst to do so furnish or permit to be taken for the purpose of analysis a reasonable quantity of chandu manufactured by him or sold at any establishment or shop under his control and the said Farmer will not without the consent in writing of the Governor sell any chandu in the Town at any price ex- per tahil when sold by the tahil or exceeding the ceeding the rate of rate of
per chi when sold by the chi or in any quantity less than one tahil or in the Country at any price exceeding the rate of
per tahil when sold by the tahil or exceeding the rate of in any quantity or less than one tahil.
per chi when sold by the chi
9. All deposits and securities made or given by or on behalf of the Opium Farmer shall be held by the Governor till all questions between the Opium Farmer and the Governor shall be finally disposed of, including matters relating to the preparation or sale of chandu near the end of the term of this agreement and in matters relating to the receipt and transfer of chandu machinery and vessels by the said Farmer.
10. It shall be lawful for the Governor on breach of any of the covenants in this Contract such breach and the amount of penalty therefor to be held as proved by endorsement on the back of this Contract by the Governor stating the breach and the amount of penalty therefor to sell and dispose of all or any of the said deposits or securities without notice to the Opium Farmer or the said sureties or any of them and out of the proceeds of such sale and disposition to satisfy and discharge any claims under this Contract against the Opium Farmer.
11. The rights and privileges hereby vested in the Opium Farmer shall not be assigned to any other person without the consent in writing of the Governor and such assignment if so allowed shall not be deemed to relieve the Opium Farmer or the said sureties or any of them from any liability under this Contract.
12. The said sureties and their executors and administrators may be sued for any breach of this Contract as principals and with or without the said Farmer his executors and administrators jointly and severally and any two or more of
them.
15
18. Any forbearance of the Officers of Government in endeavouring to obtain payment of the monies hereby secured or in putting in force any of the remedies for the same and any time which may be given to the Opium Farmer shall not in any way prejudice or affect the security or benefit of these presents or the joint and several covenants hereinbofore contained or the continuing liability of the Contractors or any or either of them their or his executors or adminis trators by virtue thereof any rule of law or equity to the contrary notwith- standing.
14. The word "Governor 13
as used in this Contract shall include the Officer for the time being administering the Government of the State.
15. And it is hereby further agreed and declared that in case the said rights and privileges shall be determined and disposed of to other persons by the Governor under the powers hereinbefore contained the certificate of the Finance Commissioner for the time being stating the amount of the loss arising therefrom shall be binding on the said Farmer and his said sureties and such amount so certified may be sued for and recovered accordingly,
this
Signed, sealed and delivered at
day of
19 by the Finance Commissioner for the Governor by
Farmer and
sureties
In the presence of
I,
dated the
A.
No. 2.
Form of Mortgage.
2
و
2
do hereby assign to the Governor as security for the due fulfilment of the terms of the Contract for the Opium Farm at
for the term commencing the 1st day of 19 >
and ending the 31st day of
19 under "The Opium Proclamation 1901," all my right, title, and interest in the lands situate in the district of
, in
and described in Government (Grant or Lease) No.
day of
.10 and esti- mated to contaiu.
and do hereby make over to the Governor the Title Deeds of the said land. In the event of any breach of the covenants in the said Contract by the Opinia Farmer no proof of which breach or of the amounts of penalties, forfeitures, damages and losses arising therefrom shall be required further than an endorsement of the same on the back of the said Contract by the Governor or Officer administering the Government of the State of North Borneo for the time being, I do hereby for myself, my exccutors, administrators and assigns anthorise the Governor or Officer administering the Government for the time being to sell or otherwise dispose of the land hereby mortgaged and out of the proceeds thereof to defray the penalties, forfeitures, damages, losses or other liability to which by the said endorsement the said Opium Farmer shall have been declared liable and the balance if any to be paid to me, my executors, administrators, or assigns.
In witness whereof I have hereunto set my hand and seal this day of
in the year 19
Signed, sealed and delivered,
In the presence of
B.
DISTRICT OF
"THE OPIUM PROCLAMATIOx 1901.” Requisition to land under Sections 9, 10 and 11.
To the Import and Export Officer of the District.
Sir,
hours of
Please issue a Permit to land on the
m. from the ship
a. m. and
day of
19
, between the which arrived on the
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