549
as to
4. (1) The City Hall Committee shall hand over the Provision furniture, fittings, book-cases, books, show-cases, specimens, disposal exhibits and other effects of the City Hall, including the of library library and museum, to the Director of Public Works who shall dispose of them, or any of them, as the Governor in ture and Council may direct.
(2) Subject to the provisions of this section all claims of any person against the Government, the City Hall Committee or any member or officer thereof in respect of the property to be transferred to the Director of Public Works as well as all trusts in respect thereof are absolutely extinguished and determined.
and museum and furni-
effects.
of the
5. Nothing in this Ordinance shall be deemed to affect Saving of the rights of His Majesty the King, His Heirs or Successors. the rights or the rights of any body politic or corporate or of any other Crown and person except such as are mentioned in this Ordinance and of certain those claiming by, from or under them.
other
persons.
Objects and Reasons.
1. The Buildings known as the City Hall are situate on Marine Lot No. 82.
2. By Indenture of Crown Lease the Lot was granted by Her late Majesty Queen Victoria, subject to the payment of the nominal sum of five dollars and reserved rental of one dollar per annum for the term of 999 years from the 1st March, 1866, to three individuals as lessees-A. Turing, J. Macdonall and Phineas Ryrie.
3. The usual lessee covenants in the Indenture (including a ten thousand dollar building covenant) were preceded by the following words :-
"And in order that the convenants hereinafter contained on the lessees part may attach to and run with the said land and the tenancy thereof and be obligatory on the lessees their Executors Administrators and Assigns so long only as they shall be in actual possession of the premises but not further or otherwise the said lessees do jointly and severally for themselves their heirs executors administrators and assigns
....covenant promise and agree,' etc.
4. The final covenant is varied, however, by the insertion of the following words :--
"And further that the said lessees their executors administrators and assigns or any other person or shall not nor will during the continuance of this demise use persons the said demised premises otherwise than as and for a City Hall."
5. The final clause in the lease is as follows :-
*
'And whereas the demise hereinbefore contained has heen made by Her said Majesty in order that a fit and proper site may be had solely for the purpose of the said City Hall, and although the value of the said site is considerable, the said demise has been made (of Her said Majesty's favour) without pecuniary consideration but upon the condition next