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(xv.) Not to fell any trees without the permission of the Land Officer and whenever the Lessee shall desire to fell any trees he shall give notice to the Land Officer who shall inspect the trees to be felled and if he thinks fit shall give permission for the felling of such trees as he shall mark. The Land Officer shall assess the value of all trees felled or injured by the Lessee or his employees or workmen and the Lessee shall pay forth- with to such person as the Land Officer may direct the amount of such assessment. xvi.) Not to obstruct or foul any running or standing water or any water-course or water gathering area within the area included in this demise but he may otherwise make use of such water in such places by such means in such manner and in such quantity as may be permitted by the Governor.
(vi) To adopt such precautions as may be prescribed by Law or as the Land Officer or other Officer appointed by the Governor may direct in regard to the storage and use of explosives within the area included in this demise.
(xviii.) To maintain order at all times amongst his employees.
(xix.) To securely timber and support any underground working and protect as may be necessary for safety any open working, and shall cause all parts of every underground working to be properly and sufficiently ventilated and shall carry out any instructions he may receive as to these matters from the Land Officer or other Officer deputed by bim.
(xx.) Not to interfere with or obstruct any existing rights of way, pathways or tracks with- out the consent in writing of the Land Officer first had and obtained and in the event of such consent being given to carry out all such conditions as to the provision of new paths or otherwise as the Land Officer may direct.
(xxi.) To observe and perform all regulations now in force or hereafter brought into force with reference to the safety of his workings or of the persons engaged in or near such workings.
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E
(ii)
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End
period of twelve months then and in either of the said cases it shall be lawful to and for His said Majesty, His Heirs, Successors or Assigns by the Governor of Hongkong or other person duly authorised 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 his or their first or former estate as if these presents had not been made and the Lessee and all other occupiers of the said premises thereout and thence utterly to expel this Indenture or anything contained herein to the contrary notwithstanding.
That after the expiration of three years from the
day of His said
one thousand nine hundred and Majesty, His Heirs, Successors and Assigns shall have power to resume enter into and re-take possession of all or any part of the surface of the demised area which is not occupied by the Lessee for the purposes of mining operations and to sell lease or otherwise dispose of the same without paying any compensation to the Lessee provided that no such sale lease or other dealing shall operate to dispose of any of the said mines and minerals hereby expressed to be demised.
(i.) That His said Majesty, His Heirs, Successors or Assigns shall have power to resume enter in 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 purpose whatsoever three months' notice being given to the Lessee or posted on the demised premises of its being so required and a full and fair compensation for the area resumed being paid to the Lessee at a valuation to be fairly and impartially made by a Surveyor of His said Majesty His Heirs, Successors or Assigns and upon the exercise of such power the term and estate hereby created shall respectively cease determine and be void.
(iv.) If any question difference or dispute shall arise concerning the rents and royalty hereby reserved or the minerals got or left in the demised mine or touching the construction of any clause herein or the rights, duties or liabilities of the parties hereunder or in any other way touching or arising out of these presents the same shall be referred to the Governor of Hongkong whose decision shall be final.
In Witness whereof the said parties to these presents have hereunto set their hands
and seals the day and year first above written.
Signed, sealed and delivered by the above-named
in the presence of
9. It is hereby expressly agreed as follows:-
(6)
That in case the said yearly rents herein before reserved or the said royalty hereinbe- fore reserved or either of them or any part thereof shall be in arrear or unpaid by the Lessee for a space of twenty-one days next after any or either of the said dates whereon the same ought to be paid (whether the same shall have been legally demanded or not) and in case of the breach or non-performance of any or either of the covenants and conditions herein contained and by and on the part of the Lessee to be kept done and performed or if in the opinion of the Governor of Hongkong (whose decision shall be final) the Lessee has not been carrying on any botta fide work under this demise for a
Examined and Certified to be correct.
Registered,
Land Officer.
Land Officer.