622
S
and sufficiently Repair, Uphold, Support, Maintain, Pave, Purge, Scour, Cleanse, Empty, Amend and keep the messuage or tenement, messuages or tenements, erections and buildings, now or at any time hereafter standing upon the said piece or parcel of ground hereby expressed to be demised, and all the Walls, Rails, Lights, Pavements, Privies, Sinks, Drains and Watercourses thereunto 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 messuage or tenement, messuages or tenements, erections, buildings and premises, being so well and sufficiently repaired, sustained and amended, at the end, or sooner determination of the said term hereby granted, shall and will peaceably and quietly deliver up to Her said Majesty, Her Heirs, Successors, or Assigns; AND ALSO that the said MATTHEW JOHN DENMAN STEPHENS, 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, repairing, and amending, all or any roads, pavements, channels, fences and party-walls, draughts, private or public sewers and drains, requisite for, or in, or belonging to the said premises, hereby expressed to be demised 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 by their Surveyor, 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 premises hereby expressed to be demised, 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 or warning in writing, at or upon the said premises, or some part thereof, unto or for the said MATTHEW JOHN DENMAN STEPHENS, his Executors, Administrators, or Assigns, to repair and amend the same within Three Calendar Months then next following, within which said time or space of Three Calendar Months, after every such notice or warning shall be so given, or left as aforesaid, the said MATTHEW JOHN DENMAN STEPHENS, his Executors, Administrators or Assigns will repair and amend the same accordingly; AND FURTHER that the said MATTHEW JOHN DENMAN STEPHENS, his Executors, Administrators or 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 other noisy, noisome or offensive trade or business whatever, without the previous licence of Her said Majesty, Her Heirs, Successors, or Assigns, signified in writing by the Governor of the said Colony of Hongkong, or other person duly authorized in that behalf; AND ALSO that he the said MATTHEW JOHN DENMAN STEPHENS, his Executors, Administrators or Assigns, shall not nor will, let, underlet, mortgage, assign, or otherwise part with, all or any part of the said premises hereby expressed to be demised, for all or any part of the said term of Nine hundred and Ninety-nine 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.
9
PROVIDED ALWAYS, and it is hereby agreed and declared, that in case the said yearly rent of Two hundred and forty-nine dollars 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, (whether lawfully demanded or not,) or in case of the breach or non-performance of any or either of the covenants and conditions herein contained, and by or on the part and behalf of the said MATTHEW JOHN DENMAN STEPHENS, his Executors, Administrators or Assigns, to be kept, done and performed, 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 premises, hereby expressed to be demised, 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 MATTHEW JOHN DENMAN STEPHENS, his Executors, Administrators and Assigns, and all other occupiers of the said premises thereout and thence utterly to expel, put out and amove, this Indenture or anything contained herein to the contrary notwithstanding. PROVIDED also, and it is hereby further agreed and declared that Her said Majesty, Her Heirs, Successors and Assigns, shall have full power to resume, enter into, and re-take possession of all or any part of the premises hereby expressed to be 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 said MATTHEW JOHN DENMAN STEPHENS, his Executors, Administrators, and Assigns of its being so required, and a full and fair Compensation for the said Land and the Buildings thereon, being paid to the said MATTHEW JOHN DENMAN STEPHENS, 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 upon the exercise of such power the term and estate hereby created shall respectively cease, determine and be void. IN WITNESS whereof the said Sir GEORGE FERGUSON BOWEN, 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.
Examined and Certified to be correct.
Land Officer.
Registered,
BRUCE SHEPHERD,
Clerk of Deed Registry.