This Indenture, of two parts, made the eighth Day of August in the Year of our Lord One Thousand Eight hundred and sixty five between OUR SOVEREIGN LADY VICTORIA, by the GRACE of GOD, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, Empress of India, of the one part, and Tang Ting Sham of Berkow, under the yearly Rent, and Covenants hereafter reserved, 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 a Commission under Her Majesty's Royal Sign Manual and Signet, 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.
AND WHEREAS by certain Instructions under Her Majesty's Royal Sign Manual and Signet, bearing date the Sixth day of April, 1843, the said Governor was, amongst other things, instructed to make and execute grants of Land in the said Colony.
THE WITNESSETH, That in pursuance of the said Letters Patent and Commission, and of the said Instructions, and in consideration of the yearly Rent hereby reserved, HER SAID MAJESTY QUEEN VICTORIA hath demised, leased, and to farm let, unto the said Tang Ting Sham his Executors, Administrators, and Assigns, subject to the Conditions, Reservations, and Provisions hereinafter contained, All that piece or parcel of Ground lying and situate in Kowloon in the said Colony, being No. 2 of Kowloon Farm Lot, Number Two, which said piece or parcel of ground contains by admeasurement in the whole Two roods and one rood and is particularly delineated in the Map thereof lying at the said Land Office.
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 Tang Ting Sham his Executors, Administrators, or Assigns, from the Twenty-fifth day of December AD 1865 for, and during, and unto the full end and term of 999 Years thence next ensuing, and fully to be complete and ended, with full and perfect liberty during the said term to turn out Cattle, Sheep, or other Stock upon the waste or uncultivated Lands adjoining the said piece or parcel of Ground hereby demised, or intended so to be; yielding and paying therefor Yearly and every Year the Sum of Ten Dollars and Twelve Cents 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 each 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.
And Her said Majesty doth hereby reserve unto Her said Majesty, Her Heirs, Successors, and Assigns, full power to resume and take possession of all or any part of the said Ground hereby demised, if required for any public Way or Ways, or for the Improvement of the Colony, or for any public purpose whatever, Three Calendar Months' notice being given to the occupant or to the said Tang Ting Sham his Executors, Administrators, or Assigns, of its being so required, and a full and fair Compensation for the said Land, and the Improvements thereon, being paid to the said Tang Ting Sham his Executors, Administrators, or Assigns, at a Valuation to be fairly and impartially made by Two Arbitrators, the one to be appointed on behalf of Her Majesty, Her Heirs, Successors, or Assigns, the other by the said Tang Ting Sham his Executors, Administrators, or Assigns, from the then existing List of Special Jurors in the said Colony, with Power to the said Arbitrators, in the event of their disagreeing as to the Value aforesaid, to nominate and call in a Third Person, as and for an Umpire: Provided always, that the Name of the said Third Person, shall also at the time of his Appointment, be standing on the said List of Special Jurors for the said Colony.
AND ALSO Her said Majesty doth further reserve in manner aforesaid, all Mines and Minerals, and all other Materials upon or under the said Land, which may be required, at any time or times hereafter, for the Construction of any Public Buildings, Ways, or Bridges, or for any other public purpose or purposes, together with the Right of digging and removing the same; AND ALSO, all Timber, Trees, Woods, and Underwoods, now standing, growing, or being, or which at any time during the term hereby granted shall grow, or be in or upon the said demised Premises, or any part thereof, with liberty to and for Her said Majesty, Her Heirs, Successors, and Assigns, to sell, cut down, take, and carry away the same; AND ALSO, the right of free and free Ingress, Egress, and Regress, into, out of, and upon the said demised Premises, or any part thereof, for the said purposes aforesaid.
And the said Tang Ting Sham 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 the said Tang Ting Sham his Heirs, Executors, Administrators, and Assigns shall and will, during all the said Term of 999 Years hereby granted, yearly and every Year during the said Term, pay or cause to be paid to Her said Majesty, Her Heirs, Successors, and Assigns the Yearly Rent above reserved, clear of all Taxes and Deductions as aforesaid, on the several days and times, and in the manner hereinbefore reserved and made payable; and that the said Tang Ting Sham his Executors, Administrators, and Assigns shall and will, during the said term hereby granted, bear, pay, and discharge all Taxes, Charges, and Impositions whatsoever, now or to be hereafter assessed, charged, or imposed on the said Premises hereby demised, or any part thereof.
And that the said Tang Ting Sham his Heirs, Executors, Administrators, and Assigns will keep the said Premises hereby demised well and sufficiently drained, and prevent any accumulation of Water thereon, and shall keep in clear, good, and sufficient repair, all Ditches, Drains, and Water-courses thereon, and shall and will leave the same well and sufficiently repaired at the end of the said term; AND ALSO that he the said Tang Ting Sham his Heirs, Executors, Administrators, and Assigns will cultivate or use the said Land in a husbandlike manner, and keep the same in good order and condition at the expiration of the said term of 999 Years.
And the said Tang Ting Sham doth hereby covenant and agree that he will not erect or build any Buildings or Dwelling-houses on the same except what may be required for the bona fide occupation of the said Premises; AND ALSO that he the said Tang Ting Sham his Heirs, Executors, Administrators, and Assigns will keep and maintain at their own cost all Buildings or Fences within Thirty Feet of any Public Road or Way.
Provided always, and these presents are upon this express condition, that if the said Yearly Rent of Ten Dollars and Twelve Cents ... be in arrear and unpaid by the space of Twenty-one Days next after any or either of the said days whereon the same ought to be paid as aforesaid, or in case of breach or non-performance of any or either of the other Covenants, Clauses, Conditions, Agreements, or Provisions herein contained, by and on the part and behalf of the said Tang Ting Sham his Executors, Administrators, or Assigns, then, and in either of the said cases, 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, repossess, and enjoy, as in Her or their first or former estate, as if these Presents had not been made; and the said Tang Ting Sham his Executors, Administrators, and Assigns, and all other Occupiers of the said Premises thereupon and thenceforth utterly to expel, put out, and remove, this Indenture, or any thing contained herein to the contrary notwithstanding.
IN WITNESS whereof the said William Thomas Mercer duly authorized by Her said Majesty as aforesaid, hath executed these Presents, and hereunto set the Public Seal of the Colony of Hongkong aforesaid, in the Name and on the behalf of Her said Majesty, the day and year first above written.
(signed) Z. Z. Meneer
(signed) Kintson
Registered.
Public Land Office of The Colony
Feling Sawyer-tieneral.
since, Fran Fre-Chagan
I
Jure Coppere the phert
Deputy Land Officer
26 Nov 1896
292