PUBLIC RECORD OFFICE
Reference -
TTTTTCO. 882
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- | COPYRIGHT PHOTOGRAPH-NOT TO
2 PUBLIC RECORD OFFICE, LONDON
Grant of ironstone, iron ore, fire-clay, petroleum or other mineral oil.
Power to occupy lands,
For working,
Storing,
Reining oil, After two months"
potice to owner,
And making resson- able compensation,
to be fixed, in case of
need, by Governor.
Power to construct
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Majesty or her successors, for buildings, town sites, streets, roads, wharves, or quays, or for any other public purposes whatsoever, and not being, and except, messunges, buildings, factories, yards, gardens, pleasure grounds, or roads in or upon any lands in the said island, the surface whereof shall, during the term of years hereby created, be sold and disposed of by Her Majesty or her successors, under the Government Land Regulations for the time being in force in the said island, to any private individuals or public body); AND Her said Majesty doth hereby also grant unto the said Company, their successors and assigns, subject to the royalties and stipulations hereinafter contained, full right to get, raise, work, appropriate, and dispose of for their own use and benefit during the continuance of the period hereby created, all ironstone, iron ore, fireclay and freestone, and also all petroleum or other mineral oils that may be discovered by the said Company, in, upon, or under lands in the said island of Labuan, excepting as aforesaid; together, also, with full and free liberty, power, and authority to and for the said Company and their assigns, TO OCCUPY so much and such part and parts of all and singular the lands or land in the said island (other than and except as hereinbefore excepted), as may be necessary or convenient for the working or carrying on of the working of the said mines, or the searching for, digging, winning, or getting, stacking, storing, at or near the pit's mouth; using, carrying away, or disposing of all or any of the coal, and beds, seams, measures, and strata of coal; and all ironstone, iron ore, fireclay, and freestone; and all petroleum or other mineral oils, hereby demised, as well as for distilling or refining such oils, the said Company or their assigns first giving two calendar months' notice in writing, under the hand of some agent of the said Company in the said island, to the owner or owners (if any), or person or persons (if any), for the time being in lawful possession of any such of the said lands, which by these presents the said Company are authorized to enter upon for the purposes aforesaid, as shall be at the time of such notice the property of any private person or public body, by leaving auch notice for such owner or owners, person or persons, at his, her, or their usual place of abode in the said island, and specifying in every such notice the particulars and quantity of land intended to be entered upon and taken possession of by the said Company or their assigns, and first agreeing with the said owner or owners, person or persons, for such entry, and making reasonable compensation to him, her, or them, for all injury and damage to be done to the crops then standing and growing upon the lands and premises so entered upon, and for any other loss or damage, whether iminediate or consequential, to be sustained by such owner or owners, person or persons, by reason of such entry and taking possession; or in case of such owner or owners, person or persons, not assenting to such entry, or not agreeing as to the amount of compenation to be paid by the said Company or their assigns, as last aforesaid, then paying to such owner or owners, person or persons, such compensa- tion as shall be assessed and settled by the Governor or Chief Officer of Government in the said island for the time being, on the requisition of either party; AND ALSO, together with full and free liberty, power, and authority to and for the said Company and their assigns, to make, construct, and and remove works, &e. set up, repair, and maintain, and, subject to the provisions and stipulations hereinafter in that behalf contained, to take down, remove, use, employ, and work all such messuages, houses, and buildings, and all such engines, gins, and other machinery and erections, roads, tramways, railways, staiths, wharves, jetties, loading-places, and other works and conveniences whatsoever, upon all or any of the lands in the said island, into and upon which the said Company and their assigns are hereinbefore authorized to enter, or any part or parts thereof respectively, and to open, sink, drive, work, and make such pits, shafts, adita, canals, water-courses, fences, soughs, tunnels, drains, ways, paths, passages, and subject as aforesaid, such roads, tramways, and railways, and to place, stack up, and lay the coal, oil, and minerals before specified, and also the earth, rubbish, and spoil out of the said mines, pits, and shafts aforesaid, in and upon the same landa respectively, or in or upon any part or parts thereof respectively, as shall by the said Company or their assigns be deemed requisite or expedient for the purpose of working the said coal and mines, and searching for, getting, winning, raising, stacking, storing, carrying away, and disposing of the same and the produce thereof, and for the purpose of burning coke from the coal gotten within the said island as aforesaid, provided that the stacking and storing coals and the burning of coke shall take place and be effected only at or near the pit's mouth or place where the coal may be raised or otherwise on lands to be purchased or rented by the said Company or their, assigns, under the stipulations hereinafter contained; AND ALSO, with full liberty, power, and authority, to dig, work, mine, search for, win, get, and raise all and singular the said mines, pits, beds, seams, measures, and strata of coal and iron ore, freestone, and other minerals and substances as aforesaid; AND for that purpose to bore, delve, tunnel, drive and construct headways, adits, levels, and drains, and to construct and carry on works below and under any lands in the said Island of Labuan, not being lands which, previously to the said 25th December, 1860, were granted by the Crown to private individuals as aforesaid: AND to use all reasonable and proper means as shall be found necessary or expedient for raising, working, getting, and smelting, refining, and manufacturing the said mines, seams, beds, and coal, and the said ironstone, iron ore, and petroleum and other oils, and for draining, raising, and discharging the water froin said mines, and generally to do and perform all such acts, matters, and things as may be requisite or necessary to be done, and performed in, upon, and under, the lands respectively aforesaid, for the purpose of searching for, getting, winning, consuming, carrying away, converting, and disposing of the produce of the said mines and premises hereby demised, to the greatest advantage; EXCEPT, and always reserving unto Her said Majesty and her successors eiber than coal, these and assigns, ALL and all manner of mines, orea, and minerals other than coal, in, upon, or under the lands in the said Island, with power and authority to search for and work the same as she or they may think proper; AND) except and reserving unto Her said Majesty and her successors, and on her and their behalf, unto the Governor or Chief Officer of the Crown in the said Island, and unto Her, their, or his miners, servants, workmen, agents, and surveyors, and other persons authorized by Her said Majesty Power to Governor to or her successors, or by such Governor or Chief Officer as aforesaid, good right and authority from time to time, and at all seasonable and proper times, to enter into and upon the premises hereinbefore pita,
described and demised; and to go down into and return out of all or any of the mines, pits, shafts, and works now opened, sunk, or made, or hereafter to be opened, sunk, or made, by or on behalf of the said
To stack coal, &e.
To burn coke, But only near pit's mouth.
Power to mine, &c.,
And use all reasonable meas for working mises, &c.
Except all minerais
being reserved.
ander the leads and
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Company or their assigns, in any part of the said lands and premises respectively (nevertheless, other than and not being upon, within, or under any lands in the said Island which the said Company have already purchased or acquired absolutely, or which the said Company or their assigns may and shall hereafter during the said term hereby granted, purchase, or otherwise acquire absolutely, under the proviso as to the purchase of unappropriated lands by the said Company or their assigns hereinafter contained or otherwise), and to go through, survey, examine, and inspect the state and condition of the. And to survey and said mines and works, and to do all such acts as may be necessary in order to ascertain the direction examina and extent of the working thereof, and the quantity of coal and other produce gotten there-out; PROVIDED, nevertheless, that nothing herein contained shall confer, or be deemed to confer, on the said Company any exclusive right or title to the ironstone, iron ore, fireclay, freestone, petroleum or other mineral oile in the said Island, or to get, work, or dispose of the same, but that the right of Her Powerred to said Majesty and her successors to dispose of the same respectively, as she or they may think fit, to or
Her Majesty to in favour of any other person or persons, Company or Companies, or body corporate, shall, notwith- mineral standing these presents, remain unfettered and in full force, save only as to such of the said articles as shall, at the time of making any future grant or grants thereof by Her said Majesty or her successors, have been actually gotten and appropriated by the said Company, or shall be in, upon, or under any mine, quarry, spot or spots of land then actually occupied and being effectively worked by the said Company: AND THIS INDENTURE FURTHER WITNESSETH, that, without prejudice to the right of Her Majesty and her successors to grant the like power and privilege to any other persons or person, Company or Companies, it shall be lawful for the said Company at all times during the Power to lemoon to continuance of this present lease (the consent in writing of the Governor or Chief Officer for the time fell timber. being administering the Government of the said Island being first obtained) to fell or cut down, carry away, and dispose of for their own benefit, and for any purpose whatever, and without making payment for the same, any timber or trees which may be growing upon any of the unappropriated Crown lands in the said Island, PROVIDED that the said Company shall at the same time also Land thermafer to be cut down and clear away all jungle and underwood which may be growing on the land from kept clear. which such timber may be cut, and shall continuously and constantly thereafter keep such land free and clear of all jungle and underwood, and for that purpose may cultivate and use such land and make the same useful and profitable, but without thereby soquiring any right or title to such land, and until the same or any part thereof may be required by the Colonial Government for any purpose; AND in default thereof, the said Company shall pay to the Colonial Land and Emigration In it, to pay Commissioners at their office in London or to such other person or persons as shall be appointed by one sarapanos per nors of Her Majesty's Secretaries of State to receive the same, the sum of threepence per month for each par month, acre of land from which timber shall have been cut, but which shall not have been cleared and kept cleared of jungle and underwood as aforesaid; TO HAVE, HOLD, USE, AND ENJOY all and singular the mines, beds, seams, and strata of coal, ironstone, iron ore, and freestone, and all other the premises hereinbefore expressed to be hereby demised, and to exercise and enjoy all and singular the powers, authorities, liberties, and licenses hereby respectively granted unto the said Oriental Coal Company (Limited), their successors and assigns, from the 25th day of December 1868, for the term of Term of forty-two forty-two years thence next ensuing, and fully to be complete and ended; BUT reserving to Her said years; Majesty and her successors power to determine this lease in manner hereinafter mentioned: YIELDING AND PAYING therefor, by half-yearly payments as hereinafter mentioned during the said term Paying therefor, unto Her said Majesty's Colonial Land and Emigration Commissioners for the time being, at their office in London, for and on behalf of Her said Majesty and her successors, or to such other person or persons as one of the Principal Secretaries of State for the time being of Her said Majesty or her successors shall from time to time appoint in writing to receive the same, the several royalties, rents, and sums of money following, (that is to say,) from the commencement of the term hereby granted to the 25th day of December 1870, the sum of 6d. sterling for each and every ton, Newcastle measure, of all coal, not being slack or screenings, raised and sold by Upon coal, the said Company; AND from and after the said 25th day of December, 1870, a minimum yearly sum payable half-yearly, as hereinafter mentioned, of 1,000l., together, with a further sum of 6d. 1,000 per annum of for every ton over and above 40,000 tons of such coal which may have been raised and sold by the said And 84 per son of Company in each year during the continuance of this lease: PROVIDED), NEVERTHELESS, ordaki for every tem that there shall be deducted from the said yearly rent of 1,000, an allowance or drawback over 40,000, of sixpence per ton on all coal, not being slack or screenings, supplied within the year for which such rent accrues, for the use of Her Majesty's Navy, or of any ships under charter to any (Excluding soal department of Her Majesty's Government, or otherwise for the use of Her Majesty, pursuant supplied for Her to the covenant in that behalf hereinafter contained; YIELDING AND PAYING ALSO as aforesaid Musty's uns). for each and every ton of twenty cwt of ironstone, iron ore, fireclay, or freestone which shall be smelted, And upon ironione, manufactured, sold or disposed of in any shape for value by the said Company, the sun of fourpence A, 42 per son. sterling, and for every one hundred imperial gallons of petroleum or other mineral oil (except oil, a per 100 gallons. extracted from coal on which royalty shall have been paid) gotten and sold by the said Company during
Axed rent,
And upon mineral oil,
the whole period of this lease, the sum of two shillings and sixpence sterling; AND it is hereby Terms of payment. declared and agreed by and between Her said Majesty and the said Company, that the said rent of 1,000 shall be paid to such Commissioners, or other person or persons as aforesaid, by two equal half-yearly payments, on the 24th day of June and the 25th day of December in every year; the first of such half-yearly payments to be made on the 24th day of June, 1871. AND it is hereby further agreed and declared, that all the said royalties and sums of money herein- before reserved shall be deemed to have accrued due half-yearly on the 24th day of June and the 25th day of December, in each year, and shall be paid as follows, that is to say, the royalties and sums of money which shall have accrued due on the 24th day of June shall be paid on or before the 25th day of December next following, and the royalties and sums of money which shall have accrued due on the 25th day of December shall be paid on or before the 24th day of June next fallowing, the first of such last mentioned half-yearly payments in respect of the half-year ending on