CO882-(2-3) — Page 182

PUBLIC RECORD OFFICE

Reference :-

TITT CO.

-882

2 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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purposes aforesaid, to dig, sink, drive, make, and use all such pits, shafts, sumps, levels. watercourses, roads, and other works which may be necessary for winning, working, and obtaining the tin ores therein contained; and also to appropriate and use such lands, not being private property at the time of such appropriation, either underground or on the surface, as may be proper and requisite, as well for depositing and laying down the said ores, and placing and heaping the waste refuse and rubbish which may be worked along with them from time to time, as for washing, and cleansing, and smelting the said ores, and for effectually separating them from all rock, quartz soil, or other matrix, and other substances mixed with them, and also for supplying the said mines and works with water or with good and fresh air, ur for freeing the same from water or foul air, and for the purposes aforesaid, to erect, make, and employ all such fire, steam, water, or other engines, buildings, workmen's houses, shops, crushing mills, smelting works, sheds or bovels, machinery, and works which may be proper and reasonable; and also with full liberty and power to use and repair any railroads, or other roads or ways already made, which may lead to the mines and premises hereby demised free of all tax or charge, and to construct, repair, and use any new roailroads, or other roads or ways, which may from time to time during the continuance of this license be proper and necessary for the effectual working and management of the said mines and premises hereby demised; except and always reserved unto his said Highness, his successors, and assigns, his and their agents and workmen full and free liberty at all proper and reasonable times during the continuance of this demise, to enter into and upon the mines, works, and premises hereby demised, in order to view and examine the condition thereof, and for that purpose to make use of any of the railroads, or other roads and ways, machinery, and works belonging to the said mines and premises; to have and to hold the said license and authority, and all and singular the premises hereby granted and demised unto the said parties of the second part, their executors, administrators, and assigns from the day of the date of these presents for and during the full term of ten years henceforth next ensuing; rendering and paying, therefore, monthly, and every month during the said term, unto his said Highness, Tunku dea Oodin, or the person for the time being administering the Government of Salangore, five per cent. of the gross produce of the said mines, payable either in clean smelted tin or in money, at the option of his said Highness. and the sum of three dollars per bhara of tin, of three hundred and twelve catties, produced from the said mines, in full of land, rent, and all taxes, duties, or imposts on the produce of the said mines; and the said parties hereto of the second part, for themselves, their heirs, executors, administrators, and assigns do, and each of them doth by these presents jointly and severally covenant, promise, and agree with and to His said Highness, and his successors and assigns, in manner following, that is to say, that they, the said Count Charles Frederick, Theodore Marie Mour de Gelves, and James Guthrie Davidson, their executors, administrators, and assigns, or their agents or workmen, shall and will from time to time, and at all times during the said term of years, well and truly render and deliver clean smelted unto His said Highness, his successors or assigns, his or their agents or servants, one full twentieth part or share of all and every the tin to be from time to time produced and obtained by the said lessees or lessee for the time being from or out of the said mines and premises hereby demised, and also to pay the sum of three dollars for each bhara of tin weighing three hundred and twelve catties from time to time produced and obtained by the said lessees or lessee for the time being from or out of the said mines and premises hereby demised, according to the true intent and meaning of these presents, such delivery and payment to be in full of land, rent, and all taxes, duties, or imposts on the produce of the said mines. And also shall and will, well and truly, weigh, or cause to be weighed upon some part of the said demised premises, the whole produce of such ores to be so obtained as aforesaid; and that twenty-four hours' notice in writing of every weighing of the said part or share shall be given by the said lessees or lessee for the time being, or their or his agent, to His said Highness, his succes- sors or assigns, or his or their agents, in order that he or they may be present at such weighing, and attend to the proper conduct thereof; and also that they, the said lessees or lessee for the time being, their or his agents, shall and will, once in every month of the said term, and at such period in every year as his said Highness, his successors or assigns, his or their agents, shall determine, make and deliver unto his said Highness, his succes- sore or assigns, his or their agents, a full, true, and just account in writing, and signed by the said lessees or lessee, for the time being, or their or his agents, of the quantity of sinelted tin yearly produced from the mines and premises hereby demised; and also shall and will, at all times during the continuance of this demise, prepare and keep correct and proper plans or sections of all the workings and actual condition of all veins or lodes worked by the said lessees; and also shall and will, at all times during the said term,

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permit and suffer his said Highness, his successors or assigns, and his or their agents, to inspect, peruse, and take copies of, or extracts from, all and every the books, memo- randums, and accounts which shall be kept at any time during the said term, for entering or recording the quantity of ore so raised, or of ore or tin so carried away as aforesaid, and the said plans or sections; and also that it shall and may be lawful for his said Highness, his successors or assigns, or his or their agents, to inspect and take an account in writing from time to time of all the ore and tin which shall be so respectively produced and carried away as aforesaid; and also that they, the said lessees or lessee for the time being, their and his agents, workmen, and servants shall and will, during the continuance of this demise, work and carry on the said mines and premises in a fair, orderly, skilful, and workmanlike manner; and also shall and will, during the continuance of this demise, constantly employ a sufficient number of men to work effectually the mines within the said territory, to be from time to time taken up by them, regard being had to the extent of country so to be taken up by them under this lease or license; and also that it shall be lawful for his said Highness, his successors and assigns, or his or their agents, at all proper and reasonable times during the continuance of this demise, and whether the mines are working or not, without any interruption or disturbance, from the said lessees or lessee for the time being, their or his agents, workmen, or servants, to enter into or upon the mines, works, and premises hereby demised, or any part thereof, to view and examine the condi- tion thereof, whether the said mines be worked in a proper, skilful, and workmanlike inanner, and for such purposes to make use of any of the railroads, or other roads or ways, machinery, and works belonging to the said mines and premises; and also shall and will, at all times during the continuance of this demise, make proper and reasonable compensation to the owners or occupiers of any land in respect of any damages which may be sustained by them by the working of the said mines and the carrying on the said works, or in taking away the said ore, or by any other means connected therewith; and that no tin mine, lode, vein, or tin deposit, or piece of land shall be deemed to be taken up by the lessee or lessees for the time being unless and until notice has been given by the said lessee or lessees to his said Highness of the taking up of the same, and the ground shall be thereupon measured, and the boundaries thereof ascertained, and marked out, at the expense of the lessees; and that His said lighness, his successors, or assigns, shall be at liberty to enter upon, and wash all mines, lodes. veins, or deposits, which may from time to time be taken up, and abandoned by the said lessees or lessee, their executors, administrators, or assigns; and that any mine, lode, vein, or deposit, shall be deemed to be abandoned, if the said lessees, or lessee for the time being shall neglect to work the same effectually, for a period of six months after due notice has been given in writing to the lesees by His said Highness, or his successors, or his or their agents; and also shall and will, at all times hereafter, keep harmless and indemnified, His said Highness, his successors, and assigns, his and their agents and servants, of and from all, and all manner of suits, actions, and proceedings, which may be instituted against them, or any of them, for or in respect of any injuries sustained by breach of any of the covenants and provisos herein contained, on the part of the said lessees, and all costs, charges, and expenses, in anywise relating thereto; and also shall and will, at all times, during the continuance of this demise, keep and preserve the said mines and premises (abandoned works always excepted), from all unnecessary injury and damage, and also all the levels, drifts, shafts, pits, sumps, watercourses, houses, erections, sheds, washing-places, bundles, and other conveniences, railroads, and other roads, and ways, in good order, repair, and condition, except such of the said works as shall from time to time be considered by the lessees, their heirs, or assigns, to be unnecessary for the further working of the said mines, or for any purposes connected with the working of any other mines, and in such state and condition, shall and will, at the end, or other sooner determination of the said term, deliver peaceable possession thereof; and of all and singular the premises hereby demised to His said Highness, his successors, or assigns: Provided always, and it is hereby covenanted and agreed, by and between the said parties to these presents, that upon the expiry of the term of ten years, hereby granted, His said Highness, his successors, or assigns, shall and will grant and execute a lease of all the tin mines, veins, lodes, and deposits of stream or alluvial tin, at that time taken up, as hereinbefore provided for by the lessees, their executors, administrators, or assigns, for a term of ninety-nine years, from the expiry of the term hereby granted, at and under such rents, payments, taxes, covenants, and conditions, as are herein contained (except the covenant to grant a further lease), and with an additional clause, giving to his said High- nesa, his successors, or assigns, the option, at the expiry of the said term of ninety-nine years, to purchase all or any of the engines, machinery, mining tools, and instruments, and other articles, belonging to the mines and premises, to be granted by the said lease,