CO882-(4-5) — Page 401

PUBLIC RECORD OFFICE

TIT

Reference :-

C.O. 882

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

110

to the said rights and privileges, and to dispose of the same to other persons, and in the event of any loss arising therefrom the opium farmer will make good the said loss to Her Majesty Queen Victoria, Her heirs, and successors.

5. The opium farmer will on entering on the privileges of his farm take over from the outgoing opium farmer all his stock of exciscable articles at such prices as may be settled subject to the proviso herein-after contained for arbitration in case of difference.

6. The said opium farmer will not at or near the end of the term herein 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 chandu, but will make over to such persons as may be invested with the rights and privileges of the opium farmer of the said Settlement, for the term next after the term herein provided for, the full and complete stock of opiumn and chandu and Juachinery 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 chandu prepared or sold during the last three months of the farm, 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 opium farmer, one by the incoming opium 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 Settlements as farm chandu; 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 exceeding the rate of

per tahil when sold by the tabil, or exceeding the rate of

per chi when sold by the chi, or in any quantity less than one tabil, or in the country at any price exceeding the rate of

per tabil when sold by the tabil or exceeding the rate of when sold by the chi in any quantity or less than one tabil.

per 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 Her Majesty Queen Victoria, Her heirs and successors, 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 oplum 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.

13. 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 herein-before contained, or the continuing liability of the contractors, or any or either of them, their or his executors or administrators by virtue thereof, any rule of law or equity to the contrary notwithstanding.

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14. The word "Governor as used in this contract shall include the officer for the time being administering the government of the Colony, and any person to whom the powers of Governor are or may be delegated under section 60 of "The Opium Ordinance

so far in the latter case as the exercise of such powers is concerned.

1894

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 herein-before contained the certificate of the Colonial Treasurer 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 shall be deemed to be an ascertained amount within the meaning of section 2 of "The Crown Suits Ordinance, 1878,” and may be sued for and recovered accordingly.

Šigned, scaled and delivered at

this

day of

18., by

the Colonial Secretary, for Her Majesty, the Queen and by sureties

I,

farmer and

In the presence of

A.

No. 2.

18

Form of Mortgage.

in

dated the

•

"

+

>

do hereby assign to Her Majesty, Queen Victoria, Her heirs and successors, as security for the due fulfilment of the terms of the contract for the opium farm at

for the term commencing the 1st 18 under day of

and ending the 31st day of The Opium Ordinance, 1894,” all my right, title, and interest in the lands situate in the district of

and described in Government (Grant

day of

18 and or Lease) No. estimated to contain

and do hereby make over to Her said Majesty, Her heirs and successors, the title deeds of the said land. In the event of any breach of the covenants in the said contract by the opium 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 Straits Settlements for the time being, I do hereby for myself, my executors, administrators, and assigns authorise 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, adininistrators, or assigns. In witness whereof I have hereunto set my hand and seal this

of

Signed, sealed, and delivered.

In the presence of

•

in the year 18

}

B.

SETTLEMENT OF

"THE OPIUM ORDINANCE 1894."

Requisition to land under Sections 9, 10, and 11.

To the Import and Export Officer of the Settlement.

arrived on the

18

day

SIR,

Please issue a permit to land on the

day of between the hours of

which a.m. and

m. from the ship (state the quantity of opium and number, description and marks of chests or parcels of opium or chandu) to be stored in the (go-down shop or

No. house) of

or in the Office

Yours, &c.,

in

Street at

of Imports and Exports, or in the Chief Police Station.

Date,

Importer.

0 4

112

C.

day of

from the ship

SETTLEMENT OF

"THE OPIUM Ordinance, 1894."

Permit to land under Sections 9, 10, and 11.

18

(is) authorised on the between the hours of

a.m. and

m. to land and description and marks of chests or parcels of opium or chandu) and (is) required to (state the quantity of opium and number store the same in the (go-down shop or house) of

No. Street at