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This Endenture, or two parts, made the Twenty eighth day of March, Adolphus Edward Shelley
1846, between OUR SOVEREIGN LADY VICTORIA, by the GRACE of GOD of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, of Istana Constantiaur, No. 29%
of the other part!
WHEREAS by Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, made and dated at Westminster, the fifth day of April in the sixth Year of the Reign of Her said Majesty, the Island of Hongkong and its Dependencies were erected into a Colony, and full power and authority to the Governor of the said Colony of Hongkong for the time being were given and granted in the Name of Her said Majesty, and on Her behalf (but subject nevertheless, to such provisions as might be in that respect contained in any Instructions which might from time to time be addressed to him by Her said Majesty), to make and execute, in the Name and on the behalf of Her said Majesty, under the Public Seal of the said Colony, grants of Land, to Her said Majesty belonging, within the said Colony, to private persons for their own use and benefit, or to any persons, bodies politic or corporate, in trust for the public uses of Her Majesty's Subjects there resident, or any of them; AND WHEREAS by certain other Letters Patent under the Great Seal as aforesaid, bearing date the Twenty-third day of February in the Seventh Year of the Reign of Her said Majesty, JOHN FRANCIS DAVIS, Esquire, (now Sir John Francis Davis, Baronet) Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects trading in China, was constituted and appointed Governor and Commander-in-Chief of the said Colony of Hongkong and its Dependencies: AND WHEREAS by certain Instructions of Her said Majesty, addressed to the then Governor of Hongkong, under Her said Majesty's Signet and Sign Manual, and dated the sixth day of April 1843, the said Governor was, amongst other things, instructed to grant Leases of the Land in the Colony belonging to Her said Majesty; NOW THIS INDENTURE WITNESSETH, that in consideration of the yearly rents, conditions, and agreements, hereinafter reserved and contained, by and on the part and behalf of the said Adolphus Edward Shelley, his executors, administrators, and assigns, to be paid, done, and performed, and also of the sum of five current dollars, which are at this time a legal tender in the said Colony of Hongkong, in hand paid to the said Sir John Francis Davis, Baronet, as Governor of the said Colony, for the use of Her Majesty, by the said Adolphus Edward Shelley, at or before the Sealing and Delivery of these Presents, the Receipt whereof is hereby acknowledged, WE, HER MAJESTY QUEEN VICTORIA, Hath demised, leased, and to farm let, unto the said Adolphus Edward Shelley, his executors, administrators, and assigns, on a Public road and measuring
ALL that piece or parcel of ground, situate, lying, and being in Victoria in the said Island of Hongkong. Abutting on the north side thereof partly on ground in possession of Government and measuring thereon Two hundred and twenty feet, on the South and East side thereof on a close registered in the Land Office as Inland Lot number two hundred and ninety-two in the name of Adolphus Edward Shelley aforesaid, and measuring thereon two hundred feet, on the north and East side thereof on a close registered in the Land Office as Inland Lot number two hundred and ninety-four in the name of Adolphus Edward Shelley, and measuring thereon Two hundred and thirty feet, on the South and West side thereof on ground now in possession of Government and measuring thereon Two hundred and thirty feet, which said piece or parcel of ground contains in the whole, fifty thousand square feet and is together with all easements, profits, commodities, and appurtenances whatsoever, to the said demised premises belonging, or in anywise appertaining. EXCEPT AND ALWAYS RESERVED unto Her said Majesty, her Heirs, Successors, and Assigns, full power to resume and take possession of all or any part of the said piece or parcel of Ground hereby demised, if required for the improvement of the said Colony of Hongkong, or for any other public purpose whatsoever, three calendar months' notice being given to the occupant thereof of its being so required, and a full and fair compensation for the said land and the buildings thereon, being paid to the said Adolphus Edward Shelley, his heirs, executors, administrators, or assigns, at a valuation to be fairly and impartially made by the Surveyor of Her said Majesty, her Heirs, Successors, or Assigns, and in which said valuation, the benefits to accrue to the said Adolphus Edward Shelley, his heirs, executors, administrators, or assigns, for any such improvement or public purpose, shall be allowed by way of set off against any damage he or they may suffer from such resumption as aforesaid, EXCEPT AND RESERVED ALSO all Mines, Minerals, and Quarries of Stone, in, under, and upon the said premises, and all such earth, clay, chalk, brick earth, gravel, sand, stone, and stones, and other earths or materials, which now are, or hereafter during the continuance of this demise shall be, under or upon the said premises, or any part or parts thereof, as Her said Majesty, Her Heirs, Successors, and Assigns may require for the roads, public buildings, or other public purposes of the said Colony of Hongkong, with full liberty of ingress, egress, and regress, in and for Her said Majesty, Her Heirs, Successors, and Assigns, and Her and their agents, servants, and workmen, at reasonable times in the day, during the continuance of this demise, with or without horses, carts, carriages, and all other necessary things, into, upon, from, and out of all or any part or parts of the said premises, or any part or parts thereof respectively, thereby doing as little damage as possible to the said Adolphus Edward Shelley, his heirs, 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 common sewers, drains, or watercourses.
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 Adolphus Edward Shelley, his executors, administrators, and assigns, from the Second day of March one thousand eight hundred and forty-six, and during, and unto the full end and term of Seventy-five years from thence next ensuing, and fully to be completed and ended: YIELDING AND PAYING therefor yearly and every year the sum of Two pounds and sixteen shillings 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 Two pounds and sixteen shillings Sterling to be made on the ...
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24th day of ... 1846
AND THE SAID Adolphus Edward Shelley for himself, his heirs, executors, administrators, and assigns, doth hereby covenant, promise, and agree, and with Her said Majesty, Her Heirs, Successors, and Assigns, by these presents, in manner following, that is to say, that the said Adolphus Edward Shelley, 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 Two pounds and sixteen shillings Sterling, payable in Dollars at the rate of exchange aforesaid, clear of all taxes and deductions whatsoever, in the several days and times, and in the manner herein before reserved and made payable; AND ALSO that he, the said Adolphus Edward Shelley, his executors, administrators, and assigns, shall and will, during 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 Adolphus Edward Shelley, his executors, administrators, or assigns, shall and will, before the expiration of the First year of the term hereby granted, at his and their own proper costs and charges, erect, build, and completely finish, fit for use, one or more good substantial and safe brick or stone house or houses, or tenement, 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 ... eight hundred dollars and upwards, which said house or houses, 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 Adolphus Edward Shelley, his heirs, executors, administrators, and assigns, shall and will, from time to time, and at all times, from and after the said house 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, scour, cleanse, empty, amend, and keep the said house or tenement, messuages or tenements, erections and buildings, and all the walls, rails, sights, pavements, privies, sinks, drains, and watercourses thereto belonging, and which shall in anywise 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 house 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; ...
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