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PUBLIC RECORD OFFICE

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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

as may

be and requisite, as well for depositing and laying down the said ores, and

proper 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, or 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 hovels, 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 railroads or other roads or ways, which may from time to time during the continuance of this licence 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 or 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 licence, 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 therefor monthly and every month during the said term, unto his said Highness, Tunku Dia Oodin, or the person for the time being administering the Government of Salangore, 5 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 3 dollars per bhara of tin of 312 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 Maur de Gelors 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 3 dollars for each bbara of tin weighing 312 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 payments 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 agents to his said Highness, his successors, 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 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 successors or assigns, his or their agents, a full, true, and just account in writing, and assigned by the said lessees or lessee, for the time being, or their or his agents, of the quantity of smelted tin yearly produced from the mines and premises hereby demised, and also shall and will at all times during the con- tinuance of this demise prepare and keep correct and proper plans or sections of all the workinge, and actual condition of veins or lodes worked by the said lessees, and also shall and will at all times during the said term 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, memorandume, 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 may be lawful for his said Highness, his successors or assigns, or his or their agents,

and

of

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, or 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 licence; 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, work- men, or servants, to enter into or upon the mines, work, and premises hereby demised, or any part thereof, to view and examine the condition thereof, whether the said mines be worked in a proper, skilful, and workmanlike manner, and for such purposes to make use 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 High- ness, 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 lessees 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, and their agents and their 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 provisoes herein contained on the part of the said lessees, and all costs, charges, and expenses in any wise relating to them. 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, pumps, water-courses, 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 times; 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 Highness, 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 said lease, and which are legally removeable by a tenant, at a valuation to be made by two parties mutually appointed. Provided, lastly, that if at any time during the said term or the said further term of ninety-nine years, or after the determination of either of the said terms, any doubt, dispute, or difference shall from time to time as they may arise be referred to an arbitrator to be appointed by his Excellency the Governor of the Straits Settlements for the time being, or in the event of his being absent from Singapore, or unwilling to appoint them, to such persons as the Colonial

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