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And Governor-General of India in Council Concerning the Administration of the State of Thibaw (1887)

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And Governor-General of India in Council Concerning the Administration of the State of Thibaw (1887) xxxi .APPENDIX VII• (i) FORM OF SAN.AD GRANTED TO SAWBWAS. 1 WHE:REAS the of was formerly a subject to the ]fing of Burma, and the Governor-General of India in Council has now been pleased to reo·ognise you"· as of and, subject to the provisions of any law for the time being in force, to permit you to administer the territory of . in all matters, whether civil, criminal or revenue, and at an;y time to nominate for the approval. of the Chief Commissioner a fit person according to Shan usage to be your successor in the * * * * Paragraph 2.- The Chief Commissioner of Burma, with the approval of the Governor-General of India in Council, hereby prescribes the following conditions under which your nomination as of is made. Should you fail to comply with any of these conditions you will be liable to have your powers as of rescinded. Paragraph 3. - The conditions are as follows: - (1) You shall pay regularly the same amount of tribute as heretofore paid, namely, Rs. a year now fixed for five years, that is to say, from the to the and the said tribute shall be liable to rev.ision ·at the e)CI)iration of the said term, or at any time thereafter that the Chief Conunissioner of Burma may think fit. (2) The Government reserves to itself the proprietary rights in all forests, mines, and minerals. If you are permitted to work or to let on lease any forest or forests in your State, you shall pay such sums for rent or royalty as the Local Government may from time to time direct; and in the working of such forests you shall be guided by such rules and orders·as the Government of India may from time to time prescribe. If you are pennitted to work or let on lease any mine or mines in your State, you shall pay such royalty on all metals, precious stones, and other minerals produced in as the Governor-General in Council may from time to time direct. (3 ) You shall administer the territory of according to the custom of the country, and in all matters subject 1. Except .for (iii) sanad granted to the sawbwa of Kengtung in 1889, aJ.l forms are from the Shan States Manual, Appendix VI, PPo 225-241 0 • • XXXll to the guidance of the Superintendent of the Shan States; you shall recognize the rights of the people and continue them in the same, and on no account shall you oppress them or suffer them in any way to be oppressed". (u) You shall maintain order within the territory of and keep open the trade routes within that territory. Should traders or caravans be attacked within the boundaries of the said territory, you shall pay such compensation as the Superintendent of the Shan States may fix. (5) You shall, if the Superintendent of the Shan States so desires, keep an agent, who shall reside at the headquarters of the Superintendent, and who shall keep him informed concerning the conditions of the territory of (6) In case of a dispute arising connected with any other part of the Shan States, you shall submit the matter to the Superin­ tendent of the Shan States and abide by his decision. Should any inhabitants of commit raids on any place outside the limits of , you shall pay- such compensation as the Superintendent of the Shan States may fix,. ( 7) If the Government wisha.s at any time to make a rail­ way through the territory of ' you shall provide land for ,the purpose, free of cost, except that of the compensation adjudged to the actual occupiers of occupied land, and shall help the Government as much as possible. (8) Opium, spirits, or fermented liquor, and other articles which are liable to duties of customs or exercise when im­ ported by sea into Lower Burma, or when produced in any part of Upper Burma to which the Regulations of the Governor-General in Council apply, shall not be brought from into Lower Bunna or into aey such part as aforesaid of Upper Burma, except in accordance with rules made by the Government and on pa_yment of such duties as may be prescribed in those rules. (9) You shall deliver up, on the requisition of an officer of the Government, any criminal who takes refuge in the territory of ; you shall aid officers of the Government who pursue criminals into the said territory; and in the event of offenders from the said territory taking refuge in any place beyond the limits of that territory you shall make a representation of the matter to the authorities concerned. (10) Yo u shall not exercise criminal jurisdiction over E·ui::opean." British subjects ; in the evem of any criminal charge being brought against any such person, you shall make a representation of the matter to the Superintendent of the Shan St ates. xxxiii (ii) FORM OF SAN AD GRANTED TO MYOSAS AND NGWEGUNHMUS. WHEREAS you have been a Myoza subject to the King of Ngwegunhmu Burma, and you have now been recognized by the Chief Commissioner of Burma as Myoza of Ngwegunhmu you will be permitted to retain your office, and at any time to nominate, for the approval of the Chief Commissioner, a fi t person to be your successor, provided that you observe the following condi­ tions which are hereby prescribed with the approval of the Governor­ General of India in Council :- (1) That you collect and pay into the treasury of the Superintendent, Shan States., at his headquarters, the revenue assessed by his orders from time to time on the persons or property of the residents in your territory. (2) That opium and other articles, which are liable to duties of customs or excise when imported by sea into Lower Burma or when produced in any part of Upper Burma to which the Regulations of the Governor-General in Council apply, shall not be brought from into Lower Burma or into any such part as aforesaid of Upper Burma, except in accordance with rules made by the Government and on payment of such duties as may be prescribed in those rules. (3) That generally, in all matters connected with the administration of' the territory under your charge, you shall obey any law or laws that may be made applicable to it by the Government and conform to such rules, orders, or instructions as mayfrom time to time be made or issued by the Chief Commissioner or the Super­ intendent, Shan States, or any of his Assistants for your guidance. (iii) FORM OF SANAD GRANTED TO THESAWBWA OF KENGTUNG 1889." 1 WHEREAS the Governor-Ger1eral of India in Council has been pleased to recognize you as Sawbwa of the State of Kyaington and to permit you to administer the territory of Kyaington in all matters whether civil, criminal, or revenue, and at ar1y time to nominate, subject to the approval of the Chief Commissioner, a fi·t person according t� Shan usage to be your successor in the Sawbwaship". Paragraph 2 o - The Chief Commissi.oner of Burma, with the approval of the Governor-General of India in Council, hereby pre­ scribed the following conditions under which your nomination as 1. Burma Foreign Department Proceedings, February 1890. xxxiv Sawbwa cf Kyaington is made. Should you fail to comply with any of these conditions you will be liable to have your powers as Sawbwa of Kyaington rescinded". Paragraph 3. - The conditions are as follow: (1) You shall pay tribute to the same amount and in the same form as formerly paid to the King of Burma. (2) You shall abstain from conununication with States out­ side British India. Should necessity arise for communication with such States, you shall address the Chief Commissioner through the Superintendent of the Shan States"o (3) You shall accept and act upon any advice that may be given by the Chief Commissioner of Burma either in respect of the internal affairs of Kyaington or its relations with other States.' (4) You shall administer the territory of Kyaington according to the custom of the country; you shall recognize the rights of the people and cont"inue them in the same, and on no account shall you oppress them or suffer them in any way to be oppressed. (5) You shall maintain order within the territory of Kyaington and keep open the trade routes within that territory. Should traders or caravans be attacked within the boundaries of the said territory, you shall pay such compensation as the Superintendent of"·"the Shan States may fix. (6) You shall, if the Superintendent of the Shan States so desires, keep an Agent, who shall reside at the headqu·arters of the Superintendent, and who shall keep him informed concerning the condition of the territory of Kyaington. (7) In case of a dispute arising connected with any other part of the Shan States, you shall submit the matter to the Superintendent of the Shan States and abide by his decision. Should any inhabitants of Kyaington commit raids on arry place outside the limits of Kyaington, you shall pay such compensation as the Superin­ tendent of the Shan States may fix. (8 ) If the Government wishes at any time to make a rail­ way through the territory of Kyaington, you shall provide land for the purpose free of cost, except that of the compensation adjudged to the actual occupiers of occupied land, and shall help the Government as much as possible. (9) Opium, spirits, or fermented liquor, and other articles which are liable to ."duties of customs or excise when imported by sea into Lower Burma, or when produced in any part of Upper Burma to which the Regulations of the Governor-General in Council apply, shall not be brought from Kyaington into Lower Burma or into any such XXXV part as aforesaid of Upper Burma, except in accordance with rules made by· the ao�.rernment and on payment of such duties as may be prescribed in those rules".
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