Tuesday 27 March 2018

THE CESSION AGREEMENT WITH THE GOVERNOR OF THE TERRITORIES OF SABAH, L.P. BEAUFORT MENGKABONG, KARAMBUNAI, MENGGATAL, KABATUAN, INCLUDING ITS TRIBUTARIES AND CREEKS EXTENDING FROM TIMBANG KIPING INCLUDING BUKIT KAPA, API API (OR NAPAS INCLUDING SIMBULAN) AND KINARUT RIVERS FROM THEIR SOURCES TO THEIR MOUTHS AND OF THE COUNTRY DRAINED BY THE SAID RIVERS 20TH NOVEMBER 1891

BRITISH NORTH BORNEO TREATIES


 BRITISH NORTH BORNEO

THE CESSION AGREEMENT WITH THE GOVERNOR OF THE TERRITORIES OF SABAH, 
L.P. BEAUFORT
MENGKABONG, KARAMBUNAI, MENGGATAL, KABATUAN, INCLUDING ITS TRIBUTARIES AND CREEKS EXTENDING FROM TIMBANG KIPING INCLUDING BUKIT KAPA, API API (OR NAPAS INCLUDING SIMBULAN) AND KINARUT RIVERS FROM THEIR SOURCES TO THEIR MOUTHS AND OF THE COUNTRY DRAINED BY THE SAID RIVERS

20TH NOVEMBER 1891

(Translation)

This agreement made on the 20th day of the month of Rabi-il-Akhir in the year 1309 (20th November 1891) between Pangeran Anak Jalaluddin ibnul Marhom Pangeran Abdul Rauf, hereinafter referred to as Pangeran of one part, and L.P. Beaufort as Governor of the territories of Sabah that is of the North Borneo Company of the other part, hereinafter referred to as the Company.

WHEREAS the said Pangeran is, in accordance with Malay law and custom, the ruler and proprietor of the rivers mentioned in this agreement.

Firstly the Mengkabong, Karambunai, Menggatal, Kabatuan, including its tributaries and creeks extending from Timbang Kiping including Bukit Kapa, Api Api (or Napas including Simbulan) and Kinarut rivers from their sources to their mouths and of the country drained by the said rivers.

Now the boundary of Mengkabong extends from Timbang Kiping to Menggatal to Darau its limit being at Inanam namely Bukit Kapa: that of Api Api is ffrom Tanjong Lia to Tanjong Aru; Kinarut from Dumpil as far as the Kawang boundary.

Now this agreement witness that in consideration of the sum of three thousand dollar ($3,000) paid by the company to the Pangeran each year during the life time of the Pangeran and after his death one thousand six hundred dollars ($1,600) to be paid to his heirs successors or executors who shall receive the aforesaid rent each year from the Company its executors partners or succesors, the receipt whereof the Pangeran hereby acknowledges. 

The Pangeran hereby consents to cede to the Company forever the territory above defined together with all islands mentioned, his property, within six marine league or 18 miles of the shore, with power of life and death over the inhabitants, with all the absolute rights of properties vested in the Pangeran over the soil of the territory as well as the rights over the production of the country whether mineral, vegetable or animal, as well as the right to coin money, create an army and navy, to levy customs sates on trade and shipping and other taxes on the inhabitants as the company shall seem good and expedient with all other powers and rights usually exercised and belonging to sovereign rulers, and which Pangeran hereby agrees of his own free will to delegate to the company.

And furthermore the Company agrees to permit the Pangeran to enter the territory in order to buy padi and tobacco and other foodstuffs sufficient for his own consumption which shall be free from the imposition of any taxes or duty levied by the Company, its executors or successors, for ever.

And the Company agrees to accept all the terms set forth in this agreement including the collection and payment of revenues from the rivers referred to in commencement of this document, that is to say during the life time of the Pangeran to pay him a yearly rent $3,000 and to his heirs after his death $1,600 each year.

And immediately on the signature of this agreement, the company further agrees to advance to the Pangeran the sum $2,000.

The company will grant to the Pangeran a year grace before taking over the government of the aforesaid rivers, that is not until the year 1310 (i.e.1892)

And when the company has actually taken over the Government of these river it agrees to make further advance (to the Pangeran) of seven thousand dollars ($7,000) making a total of nine thousand dollars ($9,000) or three years cession money.

And the Pangeran hereby agrees and freely promises to assist the Company in establishing their government in the said territory and to call on all the inhabitants thereof to yield ready and willing obedience to the rule of the company and its officers; and also that he alone will be liable for  and settle any claims which hereafter may be raised by others affecting the rights and privileges vested in the company by this agreement, and will indemnify the company against the same.

And it is hereby agreed that this agreement is subject to the confirmation of the court of directors of the company in London and that they have the power to reject or accept the same, and that their rejection or acceptance of the same shall be signified to the Pangeran within six months from the execution thereof.

And in the event of the court of directors rejecting the agreement if shall be returned to the Pangeran as styled at the beginning of this document, and the loan of $2,000 already made to the Pangeran shall be deducted annually from the Pangeran cession money until the loan is satisfied.

In the meanwhile the Pangeran has no power to lease or give away any rights herein defined to any other company or syndicate or government.

And it is hereby agreed and declared that whatsoever  the words 'Pangeran' occur in this agreement the same shall, unless the context shall preclude such construction, extend to and mean the Pangeran his heirs, successors and executors; and that whatsoever the words 'company' occur, the same shall, unless the context shall preclude such construction, extend to and mean the company its successors and assigns.

In witness whereof the said Pangeran and the said LP Beaufort as acting government on behalf of the said company have hereunto set their hands and seals in Brunei.
This agreement is written in Brunei on the 20th Day of November 1891.

P.S., The commencement of payment of the cession money stated in this agreement shall be made by the company on whichever day the territory herein mentioned is taken over that is to say in the year 1310 (1892)

Pangeran Anak Mohamed Jalaluddin Pangeran Abd Rauf




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