Actions
within threo months.
Pretection of informera from dis-
covery.
Exception
Examination of offenders under this
12
58. All actions and other proceedings which may be lawfully brought for anything done omitted or intended to be done under the provisions of this Proclamation or of any regulations or order made thereunder shall be commenced within three months after the accrual of the cause of action and not otherwise and the provisions of sections forty-three to forty-eight both inclusive of "The Constabulary and Police Proclamation 1883" shall apply to such actions and proceedings.
59. Except as hereinafter mentioned no information laid under this Proclamation shall be admitted in evidence in any civil or criminal proceeding whatsoever and no witness shall be obliged or permitted to disclose the name or address of any informer under this Proclamation or state any matter which might lead to his discovery. Moreover if any books documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery the Court or Magistrate shall cause all such passages to be concealed from view or to be obliterated so far as may be But necessary to protect the informer from discovery but no further, if on the trial of any offence under this Proclamation the Magistrate after full inquiry into the case believes that the informer wilfully made in his information a material statement which he knew or believed to be false or did not believe to be true or if in any other proceeding the Court or Magistrate is of opinion that justice cammot be fully done between the parties thereto without the discovery of the informer it shall be lawful for the Court or Magistrate to require the production of the original information and permit inquiry and require full disclosure concerning the informer.
pro-
60. (1)-Whenever two or more persons shall be charged with any offence against this Proclamation the Magistrate may require one Proclamation. or more of them to give evidence as a witness or witnesses for the
scention. Any such person who refuses to be sworn or to answer any lawful question shall be dealt with in the same manner as witnesses so refusing may by law be dealt with by a Magistrate.
Indemnity to them,
Person charged may give evidence
on his own
behalf.
(2)-Every person so required to give evidence who shall in the opinion of the Magistrate make true and full discovery of all things as to which he is lawfully examined shall be entitled to receive a certificate of indemnity under the hand of the Magistrate stating that he has made a true and full discovery of all things as to which he was ex- amined and such certificate shall be a bar to all legal proceedings against him in respect of all such things as aforesaid,
(3)-Provided always that any person charged with an offence against this Proclamation may if he thinks fit tender himself to be examined on his own behalf and thereupon may give evidence in the same manner and with the like effect and consequences as any other witness.
By His Excellency's Command,
F. J. MOYSEY,
Clerk to the Council of State.
13
THE FIRST SCHEDULE.
ENACTMENTS REPEALED.
So much of the Proclamation dated the 23rd December, 1881, as adopts the Ordinance of the Labuan Legislative Council No. 2 of 1873, entitled the " Ordinance of 1878," together with all notifications thereunder.
*Opiam
the
THE SECOND SCHEDULE.
A.
No. 1,
Farmer's Contract under Section 6 of " The Opium Proclamation 1901.”
of
day of
J
190 Between A. B. &c. and E. F. of
&e.
This Contract made the of
&c. of the first part, C. D. of of the second part and the Governor of the State of North Borneo of the third part: Whereas the said A. B. has been declared to be the Opiam Farmer of for the term commencing on the first day of January 190
and ending on the thirty-first day of December 190 said C. D. and E. F. have agreed to become sureties [or certain real or personal . and the estate has been assigned to the Government as security by way of mortgage under the provisions of "The Opium Proclamation. 1901" by a Deed of even date herewith and made between &c. or, the sum of
;
dollars has been lodged in the Local Treasury as a deposit] for the dne fulfilment of this Contract. THIS CONTRACT WITNESSETH that all the rights and privileges of Opium Farmer of the
under the provisions of The
for the
Opiam Proclamation 1001" are hereby vested in the said aforesaid term. AND this Contract also witnesseth that the said A. B. and the said C. D. and E. F. (hereinafter called the sureties) do hereby for themselves, their executors, administrators and assigns severally as well as jointly and every two or more of them covenant and agree with the Governor in mauner following that is to say :-
1. The said A. B. (hereinafter called the Opium Farmer) will pay to the Finance Commissioner for the time being without demand the sum of dollars
و
monthly on the last day of every month commencing on the 31st day of the month of January 10 and ending on the 21st day of the mouth of December, 19 as the rent of the said Opium Farm provided always that if the last day of a month shall be a Sunday or a Public Holiday or a Bank Holiday such payment shall be due and payable on the day immediately preceding such last day.
5
2. The Opium Farmer shall well and faithfully observe perform and fulfil the several provisions conditions and stipulations contained in the said Proclamation so far as they relate to the management of the said Opium Farm or impose any duty or obligation on the Opium Farmer in as full and ample a manner as if the said provisions, conditions and stipulaticus had been incorporated in this Contract.
3. If the said rent or any part thereof be unpaid for the space of five days after any of the days on which the same ought to have been paid the Opium Farmer will pay to the Finance Commissioner interest upou the said rent or so much thereof as shall for the time being be unpaid at the rate of twelve per cent. per annum from the day on which the same ought to have been paid to the date of payment.
4. If the said rent or any part thereof be unpaid for the space of ten days after any of the days on which the same ought to have been paid or in case of the breach of any of the provisions conditions and stipulations of the said Proclama- tions so far as they relate to the said Opium Farm or the Opium Farmer then and in either of such cases it shall be lawful for the Governor for the time being to determine and put an end 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 the Governor.
419
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