724 THE HONGKONG GOVERNMENT GAZETTE, 11TH SEPTEMBER, 1880.
HONGKONG CITY HALL.
TRUST DEED OF CITY HALL, Hongkong.
THIS INDENTURE, of two parts, made the Sixth day of March, 1866, 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 the one part, and ALEXANDER TURING of the Colony of Hongkong, Esquire, JOHN MCDOUALL, Esquire, and PHINEAS RYRIE, Esquire, also of the said Colony, which said ALEXANDER TURING, JOHN MCDOUALL and PHINEAS RYRIE are hereinafter called the Lessees, 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 said 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-second day of June, in the Twenty-third Year of the Reign of Her said Majesty, Sir HERCULES GEORGE ROBERT ROBINSON, Knight, 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 said Colony belonging to Her said Majesty;
AND WHEREAS further, on the departure of the said Governor Sir HERCULES GEORGE ROBERT ROBINSON, WILLIAM THOMAS MERCER assumed, under the terms of the Royal Charter, Government of the said Colony;
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 Lessees, their Executors, Administrators and Assigns, to be paid, done and performed, and also 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 WILLIAM THOMAS MERCER as Acting Governor of the said Colony, for the use of Her said Majesty, by the said Lessees, at or before the Sealing and Delivery of these Presents, the Receipt whereof is hereby acknowledged; HER SAID MAJESTY QUEEN VICTORIA, hath demised, leased and to farm let, and by these presents doth demise, lease and to farm let, unto the said Lessees, their Executors, Administrators and Assigns, ALL that piece or parcel of Ground situate, lying and being at Victoria in the said Island of Hongkong, abutting on the north side thereof on Government Ground and measuring thereon two hundred and forty feet, on the south side thereof on Government Ground and measuring thereon two hundred and forty feet, on the east side thereof on Government Ground and measuring thereon one hundred and twenty feet, and on the west side thereof on a Public Road and measuring thereon one hundred and twenty feet; which said piece or parcel of ground contains in the whole twenty-eight thousand eight hundred square feet; and is registered in the Land Office as Marine Lot number Eighty-two, together with all easements, profits, commodities and appurtenances whatsoever to the said demised premises belonging, or in any wise 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 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 Lessees, their 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 benefit to accrue to the said Lessees, their Heirs, Executors, Administrators or Assigns from 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, Soil, Marl, 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, to and for Her said Majesty, Her Heirs, Successors and Assigns, and Her and their agents, servants and workmen, at reasonable times in the year 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 premises hereinbefore demised, to view, 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 Lessees, their 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 Lessees, their Executors, Administrators and Assigns, from the First day of March, One thousand Eight hundred and Sixty-six, for and during and unto the full end and term of Nine hundred and Ninety-nine Years, from thence next ensuing and fully to be complete and ended:
YIELDING AND PAYING therefor yearly and every year the Sum of One Dollar in Current Money of the said Colony of Hongkong, 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 Dollar to be made on the Twenty-fourth day of June 1866;
AND in order that the Covenants 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 the 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 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 they the said Lessees, their Heirs, Executors, Administrators or Assigns shall and will yearly, and every year, during the said term of Nine hundred and Ninety-nine 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 Dollar clear of all taxes and deductions as aforesaid in the several days and times, and in the manner hereinbefore reserved and made payable;
AND ALSO that they the said Lessees, their 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 they the said Lessees, their 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, in a good, substantial and workman-like manner erect, build and completely finish fit for use, one or more good, substantial and safe brick or stone messuage 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 before the expiration of the said first year lay out and expend thereon the Sum of Ten thousand Dollars 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 a 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 in case the said messuage or tenement shall not have so as aforesaid been built and completely finished with such additions and appurtenances as aforesaid before the expiration of the said first year of the term hereby granted, according to the covenant next hereinbefore contained, then that they the said Lessees, their Executors, Administrators or Assigns shall and will before the expiration of six calendar months next after the said Surveyor of Her said Majesty, Her Heirs, Successors or Assigns, or such other person as the Governor shall in that behalf appoint, shall have required him so to do, at his and their own proper costs and charges, in a good, substantial and workman-like manner erect, build and completely finish fit for use, one or more good, substantial and safe brick or stone messuage 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, before the expiration of such six calendar months as aforesaid, lay out and expend thereon the sum of Ten thousand Dollars 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 a uniform manner with the messuages and 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, within the expiration of such six calendar months as last aforesaid.
THE HONGKONG GOVERNMENT GAZETTE, 11TH SEPTEMBER, 1880.
171
726
Dec.