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Hongkong, with full liberty of ingress, egress, and regress, to and for Her said Majesty, or Heirs, Successors, and Assigns and their agents, savants, and workmen at reasonable times in the year, during the continuance of this demise, with or without horses, carts, carriages, and all other accessory things, into, upon, from, and out of all or any part or parts of the premises hereinbefore demised, to view, quarry, dig for, convert, and carry away the said excepted minerals, stone, earths, and other things respectively, or any part or parts thereof respectively, thereby doing as little damage as possible to the said William Gemmell's executors, administrators, or assigns; AND SAVE AND EXCEPT also full power to make and conduct in, through, and under the said hereby demised premises, all and any public or private roads, ways, watercourses, and also such highways, roadways, and other necessary constructions thereto.
TO HAVE AND TO HOLD the said piece or parcel of ground and premises, hereby demised, or intended so to be, with their, and every of their appurtenances, unto the said William Gemmell, his executors, administrators, and assigns, for and during and unto the full end and term of Seventy-five years from thence next ensuing, and fully to be complete, and ended: YIELDING AND PAYING therefore yearly and every Year the Sum of One hundred and sixty seven pounds eight shillings and ten pence Sterling, in Current Dollars of the said Colony of Hongkong (at such rate of exchange, as is now, or may hereafter from time to time be fixed as the rate of exchange, for the payment of the Salaries of the Public Servants of the said Colony) by half-yearly payments, on the Twenty-fourth Day of June, and the Twenty-fifth Day of December, in every Year, free and clear of and from all taxes, rates, charges, impositions and assessments whatsoever, imposed or to be imposed upon or in respect of the said hereby demised premises or any part thereof, during the term hereby granted; the first half-yearly payment of the said yearly rent or Sum of One hundred and sixty seven pounds eight shillings and ten pence Sterling to be made on the ... Day of October ...
AND THE SAID William Gemmell, for himself, his heirs, executors, administrators, and assigns doth hereby covenant, promise, and agree, to and with Her said Majesty, Her Heirs, Successors, and Assigns by these presents, in manner following, that is to say that he the said William Gemmell, his heirs, executors, administrators, or assigns shall and will yearly, and every Year, during the said term of Seventy-five Years hereby granted, well and truly pay, or cause to be paid to Her said Majesty, Her Heirs, Successors, and Assigns, the said yearly Sum of one hundred and sixty seven pounds eight shillings and ten pence Sterling, payable in Dollars at the rate of exchange aforesaid, clear of all taxes and deductions as aforesaid, the several days and times, and in the manner hereinbefore reserved and made payable; AND ALSO that he the said William Gemmell, his executors, administrators, and assigns shall, and will during all the said term hereby granted, bear, pay, and discharge all taxes, charges and impositions whatsoever, as are or shall be hereafter assessed or charged, on or in anywise imposed upon or in respect of the said premises hereby demised, or intended so to be or any part thereof.
AND that the said William Gemmell, his executors, administrators, or assigns, shall, and will, before the expiration of the ... Year of the term hereby granted, at his and their own proper costs and charges, in a good, substantial, and workmanlike manner erect, build, and completely finish fit for use, one or more good substantial, and safe brick or stone messuage or messuages or tenements, upon some part of the ground hereby demised, with proper fences, walls, sewers, drains, and all other usual or necessary appurtenances, and shall and will lay out, and expend thereon the Sum of one thousand four hundred and seventy-four pounds eight shillings and four pence and upwards, which said messuage or tenement, messuages or tenements, shall be of the same rate of building, elevation, character, and description, and shall front, and range in an uniform manner with the messuages or tenements in the same street, and the whole to be done to the satisfaction of the Surveyor of Her said Majesty, Her Heirs, Successors, or Assigns; AND ALSO that the said William Gemmell, his executors, administrators, and assigns, shall, and will from time to time, and at all times, from and after the said messuage or tenement, erections and buildings on the said piece of ground hereby demised shall be respectively completed and finished, during the remainder of the said term hereby granted, when, where, and as often as need or occasion shall be and require, at his and their own proper costs and charges, well and sufficiently repair, uphold, support, maintain, pave, purge, sewer, cleanse, empty, amend, and keep the said messuage or tenement, messuages or tenements, erections and buildings, and all the walls, rails, lights, pavements, privies, sinks, drains and watercourses thereto belonging, and which shall in any wise belong or appertain unto the same, in, by, and with all and all manner of needful and necessary reparations, cleansings, and amendments whatsoever, the whole to be done to the satisfaction of the Surveyor of Her said Majesty, Her Heirs, Successors, or Assigns; AND THE SAID messuage or tenement, messuages or tenements, erections, buildings and premises, so being well and sufficiently repaired, sustained, and amended, at the end, or sooner determination of the said term, shall and will peaceably, and quietly deliver up to Her said Majesty, Her Heirs, Successors, or Assigns.
AND ALSO that it shall be lawful for Her said Majesty, Her Heirs, Successors, or Assigns, or their Agent, or any person or persons deputed by him, or them, to enter into, and upon the premises hereby demised, at any reasonable hours in the day time, within the last Seven Years of the aforesaid term of Seventy-five Years, to take a schedule, or inventory of all, and every the fixtures and things to be yielded up at the expiration thereof, as aforesaid.
AND ALSO that the said William Gemmell, his executors, administrators, and assigns shall and will during the term hereby granted, as often as need shall require, bear, pay and allow a reasonable share and proportion for, and towards the costs and charges of making, building, supporting, repairing, and amending all or any public quays, fountains, or roadways which may hereafter be built adjacent to the said hereby demised premises, and all, or any roads, pavements, channels, fences, and party walls, drains, private or public sewers, requisite for, or in, or belonging to the said demised premises, or any part thereof, in common with other premises near or adjoining thereto, and that such proportion shall be fixed, and ascertained by the Surveyor of Her said Majesty, Her Heirs, Successors, or Assigns, and shall be recoverable in the nature of rent in arrear.
AND FURTHER that it shall, and may be lawful to, and for Her said Majesty, Her Heirs, Successors, or Assigns, by Her, or their Surveyors, or other persons deputed to act for Her, or them, twice or oftener in every Year during the said term, at all reasonable times in the day, to enter, and come into, and upon the said parcel of ground hereby demised, and into any messuages or tenements, which may at any time be built thereon, to view, search, and see the condition of the same, and of all decays, defects, and wants of reparation and amendment, which upon every such view, or views shall be found, to give, or leave notice of warning in writing, at or upon the said demised premises, unto, or for the said William Gemmell, his executors, administrators, or assigns, to repair and amend the same within Three Calendar Months, then next following.
AND THE SAID William Gemmell, for himself, his executors, administrators, and assigns doth hereby covenant, promise, and agree with Her said Majesty, Her Heirs, Successors, and Assigns, to repair, and amend all such decays, defects, and wants of reparation and amendment accordingly.
AND FURTHER that the said William Gemmell, his executors, administrators, and assigns, or any other person or persons, shall not, nor will during the continuance of this demise, use, exercise, or follow, in, or upon the said premises or any part thereof, the trade or business of a Brazier, Slaughterman, Soap maker, Sugar baker, Fellmonger, Melter of tallow, Oilman, Butcher, Distiller, Victualler, or Tavern keeper, Blacksmith, Nightman, Scavenger or any or either of them, or any other noisy, noisome, or offensive trade or business whatever, without the previous license of Her said Majesty, Her Heirs, Successors, or Assigns, signified by the Governor of the said Colony of Hongkong, or other person duly authorized in that behalf.
AND ALSO that the said William Gemmell, his executors, administrators, or assigns, shall not, nor will let, underlet, mortgage, or otherwise assign over, or otherwise part with, all or any part of the said hereby demised premises, for all or any part of the said term of Seventy-five Years, without at the same time registering such alienation in the Land Office or in such other Office, as may hereafter be instituted for the purposes of Registration in the said Colony of Hongkong, and paying all reasonable fees and other expenses thereon.
PROVIDED ALWAYS, and these presents are upon this express condition, that if the said yearly rent of One hundred and sixty seven pounds eight shillings and ten pence payable in current dollars as aforesaid, hereinbefore reserved or any part thereof, shall be in arrear and unpaid by the space of Twenty-one Days next over, or after any or either of the said days whereon the same ought to be paid as aforesaid, (being lawfully demanded upon, or at any time after the said Twenty-one Days, and not paid when demanded) or in case of breach, or non-performance of any, or either of the other covenants, clauses, conditions, agreements or provisions herein contained, and by, and on the part and behalf of the said William Gemmell, his executors, administrators, and assigns to be kept, done, and performed, then, and in either of the said cases, from thenceforth, and at all times thereafter, it shall, and may be lawful to and for Her said Majesty, Her Heirs, Successors, or Assigns by the Governor of Hongkong, or other person duly authorized in that behalf into and upon the said hereby demised premises, or any part thereof, in the name of the whole, to re-enter, and the same to have again, retain, repossess, and enjoy, as in Her or their first or former estate, as if these presents had not been made; and the said William Gemmell, his executors, administrators, and assigns, and all other occupiers of the said premises, therefrom and thence utterly to expel, put out, and remove, this Indenture or any thing contained herein to the contrary notwithstanding.
IN WITNESS whereof the said Robert Strachan and Adam Scott on behalf of the said William Gemmell have hereunto set their hands and seals the day and year first above written.
Signed Sealed and Delivered at Victoria, Hongkong, In the presence of (signed) Tom Jarrant (signed) Robert Strachan
Examined and certified to be correct (signed) J Cleverly acting Surveyor General
Adam Scott, 2.8 Attornies for W Gemmell
Certified to be a true Copy. (signed) W Jarrant Surveyor General