PUBLIC RECORD OFFICE
Anferenci :---
TLC.O. 882
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PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH......NOT TO
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whether the said sum has been properly expended in accordance with this clause, such question shall be determined by a Board con- sisting of the Chief Justice of Ceylon and two persons nominated by the Lessor and the Company respectively, and the decision of such Board shall be final.
12. The Company shall be at liberty to fish for and take pearl oysters by means of divers or by steam dredgers or by other mechanical means as may appear most advantageous, and to carry on such experiments and to take such measures whether by removing immature oysters from one part of the conceded area to another or otherwise as are in their judgment most conducive to the profitable working of the fishery. Provided that the Company shall not do any act or thing tending or likely to render the fishery less valuable or productive at the expiration of the term hereby granted.
13. If any question shall arise between the Company and the Lessor as to whether any means employed by the Company to take or remove pearl oysters, or any experiment or act or thing carried on or done by the Company is injurious to the fishery, or is calculated to render the same less productive or valuable at the expiration of the term hereby granted, such question shall be submitted to the Board provided by Clause 11 of these presents; and if the Board reports that the means employed or the experiment or act or thing carried on
or done as aforesaid is injurious to or calcu- lated to make the fishery less productive or valuable as aforesaid. the Company shall forthwith discontinue the employment of such means or the carrying out or doing of such experiments or act or thing as the case may be.
14. The Company shall if required by the Lessor within a period of one year from the date when any rock, stone, or similar sub- stance has been dredged up cause the same to be returned to the sea.
15. The Company shall distribute annually among the pearl banks within the conceded area a quantity of not less than 500 tons of cultoh.
18. The Company shall not hold any fishery during the last three years of the period for which this concession is granted unless they have previously satisfied the Lessor that there is an adequate breeding reserve of immature oysters at the portion of the conceded area where it is proposed to hold the fishery, or, if there be no such breeding reserve, unless they have arranged to the satisfaction of the Lessor to leave for breeding purposes an adequate supply of mature oysters, or to lay down spat
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in such quantity, and, in such manner as to secure an adequate breeding reserve.
Pro vided that if it should appear to the Company that permission to hold a fishery has been unreasonably withheld, they shall be at liberty to appeal to the Board constituted as above.
17. The Company, before the execution of these presents, will deposit in the joint names
of two of their Directors and the Crown Agents approved securities to the amount of £10,000 as security. for the due observance and performance by them of the conditions and stipulations herein contained.
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18. The Company shall exercise and enjoy within the conceded area, the same exclusive right and privilege of fishing for pearl oysters as has heretofore been exercised, and enjoyed by the Government of Ceylon; but nothing in these presenta shall be taken to make the Lesser answerable, in damages if owing to any caum beyond the control, of the Lessor the Company is prevented from fully exercising and enjoying such exclusive right and privi- lege In such a one it shall rest with His Majesty's Secretary of State for the Colonies, on the application of the Company to deter mine whether any;and if so what, relief shall be accorded to the Company.
19. The Company shall on the execution of these presents give an address in Colombo for the receipt of notices and communications under and in connection with these presents, and any notice or communication delivered or left at such address shall, unless a further address in Colombo shall have been given, be deemed to have been duly served on or made to the Company.
20. The Company shall not assign, transfer, or under-let the rights, privileges, and pre- mises hereby conceded and granted or any part thereof without the previous consent in writing of the Lessor.
21. If the said yearly rent by these presents reserved or any part thereof shall be at any time in arrear or unpaid for forty-five days after the same shall have become due (whether any formal or legal demand thereof shall have been made or not), or if the Company should at any time fail or neglect to perform or observe any of the conditions or agreements herein contained and on their part to be performed or observed, or if the Com- pany should enter into liquidation whether compulsory or voluntary then and in any such oase it shall be lawful for the Lessor or for any person acting under his direction by notice in writing served on the Company to terminate the rights and privi- leges hereby granted and to re-enter upon the
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same and
upon
the premises hereby demised, and the said rights, privileges, and premises peaceably to enjoy and hold thenceforth as if these presents had not been made without prejudice to any right of action or remedy of the Lessor in respect of antecedent breach
any of any of the conditions and agreements here- inbefore contained.
22. At the expiration or sooner determi nation of the said term hereby granted the Company may take down and remove all sheds, buildings, erections, machinery, and plant which the Company may have made and set upon the premises hereby demised for the purpose of carrying on the pearl fishery or for any purpose incidental thereto, unless the Lessor shall elect to retain the same under the clause next following.
23. The Lessor shall have the option of tak- ing all the said sheds, buildings, erections, and machinery and plant at a valuation by giving not less than three months' previous notice in writing to the Company to that effect; and in such case the value thereof shall be asoer- tained by the Board as above constituted, and the costs of such valuation shall be borne equally between the 'said parties, and the value awarded shall be paid within one calendar month after notice of the award shall be given to the Lessor.
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