BRITISH NORTH BORNEO
TREATIES
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
source : nationalarchives.gov.uk
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