PUBLIC RECORD OFFICE
Reference
C.O.882
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2 PUBLIC RECORD OFFICE, LONDON
No royalty or rent on coal for Navy, &c.
- Lenses to make up
accounts once every! your,
And to pay renta,
And to give statements quantities to Governor,
of weights and \
And to give explana-
tions and information.
64
the twenty-fourth day of June, one thousand eight hundred and sixty-nine, shall be made on the twenty-fifth day of December of that year, and that all such payments, whether for rents, royalties, or sums of money, shall be made without any deduction or abatement whatsoever: AND it is hereby further declared and agreed, that no royalty or rent shall be demandable or paid for any coal that shall or may from time to time be supplied by the said Company or their assigns for the use of Her Majesty's Navy, or of any ships under charter to any department of Her Majesty's Government, or otherwise for the use of Her Majesty or her successors, pursuant to the covenant in that behalf hereinafter contained; AND the said Company hereby, for themselves, their successors and assigns, covenant with Her said Majesty and her successors in manner following, (that is to say,) THAT the said Company, their successors and assigns, shall, during the term hereby granted, within thirty days after every twenty-fourth day of June and twenty-fifth day of December in every year, settle and make up full, true, and accurate accounts of all the coal, iron- stone, iron ore, freestone, and petroleum and other oils which shall have been raised and gotten, melted, manufactured, and refined by the said Company or their assigns out of and from the said mines, pits, and other premises hereinlæefore expressed to be hereby demised, within and during the half year ending on every such twenty-fourth day of June and twenty-fifth day of December as aforesaid; AND shall well and truly pay on behalf of Her said Majesty or her successors to the said Colonial Land and Emigration Commissioners as aforesaid, or to such person or persons as one of Her Majesty's Principal Secretaries of State shall from time to time appoint in writing to receive the same (and whose receipt and receipts it is hereby agreed and declared shall effectually discharge the said Company and their assigns), the full amount of the said several royalties, rents, and sums of money hereinbefore reserved and made payable on the several days and times, and in the manner hereinbefore mentioned and appointed for the payment thereof, and when and as the same shall respectively become due and payable, and that without any deduction or abatement thereout; AND also that the said Company or their assigns shall, half-yearly and within three calendar months next after every twenty-fourth day of June and twenty-fifth day of December during the said term, deliver unto the said Governor or Chief Officer of the Government for the time being within the said Island, a true and faithful written account in duplicate of the weights and quantities of all such coal and other minerals as the said Company or their assigns shall have raised and gotten out of the said mines and premises during the half year next preceding such twenty-fourth day of June or twenty-fifth day of December respectively in every year; AND that the said Company and their assigns, and also their respective agents and officers within the said Island will from time to time, during the said term hereby granted, furnish unto the said Governor or Chief Officer for the time being, or unto Her Majesty's Principal Secretary of State for the Colonies (as the case may be) who shall or may require the same, and as and when so required, all such explanations and information as shall or may be in their respective power for enabling such Governor or Chief Officer or Secretary of State as last aforesaid, to ascertain the truth and accuracy of such accounts as last aforesaid; AND Her said Majesty, for herself, her heirs and successors, hereby agrees with the said Company and their assigns, that the said Governor or other Chief Officer of Government for the time being in the said Island 'shall from time to time examine the accounts aforesaid, as and when they shall be rendered to him by or on behalf of the said Company or their assigns, and affix to such accounts, when so examined by him, a certificate under his hand setting forth whether the same accounts in his judgment are or are not true and correct, or, if they shall appear to him be incorrect, in what respect they appear to him to be incorrect, and shall immediately in every case communicate to the resident manager or principal agent of the maid Company or their assigns for the time being in the said Island, a copy of such his certificate, and shall in every case also forthwith transmit the accounts so certified as aforesaid to Her Majesty's Principal Secretary of State for the Colonies; AND the said Company do hereby for themselves, their successors and assigns, further covenant with Her said Majesty and her successors in manner following, that is to say, that they the said Company and their successors and assigns shall at the end or other sooner determination of the said term hereby granted, leave and deliver up all and singular the said premises hereinbefore expressed to be hereby demised, subject, nevertheless, to such user thereof in the meanwhile as is by these presents granted, and to the provisions as to the removal Mines to be worked in of machinery and fixtures hereinafter contained; AND also shall work and get the said mines and pits of coal and other the premises hereinbefore expressed to be hereby demised, or such part and parts thereof as shall be entered upon and worked by the said Company or their assigns at any time or times during the said term in a proper and workinanlike manner, and without any unnecessary waste, and according to the best mode and course of working mines of the same or the like description as Pillar to support roofs those already demised; AND also shall, if and when the same shall be practicable, leave substantial walls and pillars of coal to support the roofs of each coal mine and pit, and also shall not do or knowingly suffer to be done any negligent or wilful act, untter, or thing which shall or may hazard or endanger the drowning or setting on fire of the mines or premises hereinbefore described and lemised, or occasion any loss or damage thereto, but shall keep the headways, levels, and drifts for the time being clear and free, and the necessary passages for air and water for the time being clear and in good repair during the said term hereby granted, or until (in each or in any case) the mine, pit, bed, or seam in question shall be worked out or abandoned; AND also shall, from time to time during the said term hereby granted, at their own costs and charges, erect and supply and keep in good and substantial order and repair serviceable, good and correct weighing machines, and a proper and convenient house or houses for such machine or machines in and upon some convenient spot or spots in the said Island, and will cause and procure all the coal that shall be raised or gotten from and out of the said mines and premises hereinbefore described and demised, to be brought upon and weighed by und at such machine or machines before the same shall be taken or carried away, or be consumed, converted, or disposed of; AND shall also cause and procure the weights and quantities To enter weights and of all coal raised and gotten out of the mid mines and premises to be from time to time entered in a book or booką to be provided for that purpose by the said Company or their assigns, and
Governor to certify
Recounts,
And communicate copy of certificate to manager.
Lasses covenant to quit at end of lease.
proper hunter.
to be left.
Headways, &e., to be kapt free.
Lamenes to krep weighing machines
quantities in a book,
65
also shall cause all such books 13 last aforesaid, and also accurate plans and diallings Plans of workings. of the workings of the said mines, to be carefully kept at an office on some part of the said Island to which office and book or books of account, and to all entries and accounts touching or relating to the
said demised mines and the produce thereof, and to which plans and diallings the Governor or other the Governor to have Chief Officer of the Government in the said Island for the time being on behalf of Her said Majesty access to them, and her successors, and his agents or bailiffs, or any of them, shall at all seasonable times have free access and be at liberty to inspect, cast up, and examine the same books, entries, and accounts, plans and diallings, and to take extracts from our copies of the same respectively; and also that the said Governor or other Chief Officer of the Government for the time being in the said Island, and his And to weighing- agents, bailiffs, workmen, or other persons employed by him for the purpose, shall at all seasonable machines. times, during the said term hereby granted, have free access to the weighing machine or machines so to be erected and supplied as aforesaid, and make use of, prove, and at the expense of the said Company or their assigns, regulate and repair the same as often as occasion shall require, and, if he shall think fit to direct the same, to weigh, measure, and take dccount of all the coal and other minerale and substances that shall be raised or gotten from or out of the premises hereby demised; AND ALSO, that And to enter mines, the said Company and their assigns shall permit auch Governor or Chief Officer for the time being as workings, &e aforesaid, on behalf of Her said Majesty and her successors, and his agents, bailiffs, inspectors, and surveyors, and other proper persons authorized by him, to go down into and return out of all und every or any of the shafts, mines, pits, collieries, or works to be sunk, made, opened, or worked by or on behalf of the said Company or their assigns, under the provisions of these presents, and to enter into, go through, survey, and inspect the said mines, collieries, and works, and the state and condition thereof. and of every part thereof, and to latch, inspect, examine, and measure the workings thereof, and the quantity of the coal and other minerals and substances above specified, made, sold, consumed or converted, worked or gotten therein or there-out, and see that the same mines and every part thereof are worked and carried on in a fair, proper, and workmanlike manner, and for all or any of the purposes aforesaid from time to time, and at all seasonable times, and without requiring any satisfaction or compensation therefor by the said Company or their assigns, shall permit such Governor or other officer and his agents, bailiffs, inspectors, and surveyors, and other proper persons, authorized as aforesaid, to make use of the engines, gins, machinery, ropes, tackle, and other articles and things used and employed at, upon, or in the said mines, pits, collieries, and works, and to have the help and Assistance of any of the colliers and workmen employed in or about the said mines, collieries, and works; AND ALSO, that the said Company and their assigns shall at their own costs and charges from time to Lesson to keep time, during the term hereby granted, supply and provide, and also keep in good order and repair, an lighters for loading
Navy coal adequate supply of suitable lighters, for the purpose of coaling any ships of Her Majesty's Navy,
or under charter to any department of Her Majesty's Government, pursuant to the said covenant
in that behalf hereinafter contained; AND the said Company, for themselves, their successors Navy, do, to have and assigns, hereby further covenant and agree with Her said Majesty and her successors that coal at 12 per son,
the said Company and their assigns shall, during the continuance of the said term hereby granted, supply for the use of Her Majesty any coal which she may by notice in writing signified under the hand of such Governor or Chief Officer as aforesaid in the said Island, and left at the place of business or place of abode in the said Island of the said Company or their assigns, or of their resident manager or principal agent there, require for the use of any vessels or ships of Her Majesty's Navy, or of any other ships under charter to any department of Her Majesty's Government, at the rate of 1. per ton, Newcastle measure, free of the said royalties, and that such coal shall be by the said Company or their assigns delivered immediately and in preference to all existing or other demands, should the same be so required by such notice: and such coal shall be delivered, free of charge for delivery, on board, any and Free on board. every such vessel or ship as aforesaid, which may be lying alongside of any wharf or jetty erected or to be erected in the said Island, but if the said vessel or ship shall not be lying alongside of any such wharf or jetty, then free on board of proper lighters, to be supplied as aforesaid by the mail Company or their assigns, and which lighters shall be placed as conveniently as may be in every case with reference to the position of the vessel or ship required to be coaled, and so that such lighters may inoet conveniently be navigated or towed off to the same vessel or ship by and at the expense of Her Majesty or her successors, or of the captain or owner of the ship or vessel requiring such coal; AND it is hereby agreed and declared by Her said Majesty, that the said Governor or Chief Officer for the time Governor to determine being as aforesaid, shall determine what shall be the reasonable rate of charge (having regard to hire of lighters. the capital invested in and the wear and tear of such lighters, but exclusive of any question
of profit), to be paid to the said Company or their assigns, for the use of such lighters; AND
the said Company hereby further covenant and agree with Her said Majesty and her successors, that if Penalty of £. per son default shall be made in the delivery of coal, necording to the terms of any such notice as laat in default. aforesaid (except such neglect or default shall be occasioned by reason of there being no coal-gotten, or by other inevitable cause), it shall be lawful for the said Governor or Chief Officer (subject, nevertheless, to the approval of the said Secretary of State for the Colonies), to require payment from ' the said Company or their assigns, and the said Company or their assigns will in such case pay to sucli or her successors, the sum of Secretary of State for the time being, for the use of Her Majesty
surface land as it per
27. for every ton of coal in respect of the delivery of which such default shall be made; AND in consideration of the premises Her said Majesty, for herself and her successors, hereby agrees with' the Lasses entitled to said Company and their assigns as follows (that is to say):--That Her said Majesty and her successors acquire appropriated will, from time to time during the continnance of the said tern hereinbefore granted, on application inade for such purpose by or on behalf of the said Company or their assigns tɔ one of Her Majesty's Principal Secretaries of State, sell to the said Company or to their nominees or assigns, at a price not exceeding 17. for an acre, and so in proportion for a less quantity than an aere, so much unappropriated rural surface-land of and in the said Island of Labuan as the said Company or their nominees or assigna shall require to purchase for the erection or making of houses, buildings, erections, roads, railways, or tramways, or the depositing or storing or for the transit of coal, or for any other purpose necessary for
S [86]
"