CO882-(2-3) — Page 97

INL

PUBLIC RECORD OFFICE

Reference :-

PETC.O. 8

882

.:

2

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Not to sxosed 1,000

noves, to be selected

before January 1, 1870. Exceptiona and regulations.

to be had free,

Wader frontage not to

exceed 100 yards.

Her Majesty may resume pomension if

06

or connected with the working and carrying on the said coal mines and premises herein before described and demised, or any of them, or for or with other the business or purposes of the said Company in the maid Island, or any of them, and that Her Majesty and her successors will do and perform all acts and deoda which shall be requisite for vesting in the said Company, their nominees or assigns, the absolute interest in the surface-land so to be sold to them as aforesaid; PROVIDED ALWAYS, that the land so sold shall not exceed in the whole 1,000 acres, and that it shall be selected and paid for before the first day of January, 1870, and that it shall not, without the express approval of one of Her Majesty's Principal Secretaries of State, include any land on or abutting on the sea-shore, or on any harbour or creek, or any land which the Governor or Chief Officer of the Government in the said Island shall have reserved or shall think necessary to reserve for any public purpose whatever; and that the land so sold shall be taken in blocks of not less than 100 acres each, which, as far as local circumstances will permit, shall in shape be rectangular parallelograms, of which the sides shall run in the direction of the cardinal points of the compass, and of which the shortest side shall be at least two thirds of the length of the longest side, save only where such land may be required for roads, railways, or tramways connected with the said coal mines or works for the time being of the said Company or their assigns, in which case it may be selected in the manner most suitable for constructing such roads, railroads, or tramways; Lande for roads, &c., PROVIDED, NEVERTHELESS, and it is hereby expressly agreed and declared, that the said Company or their assigns shall, during the continuance of the said term hereinbefore granted, be permitted (subject to the approval of the said Governor or Chief Officer for the time being, and such regulations as he may from time to time prescribe for the protection of public interests) to occupy rent free any land which the said Company or their assigns may require for the construction of roads, railroads, or tramways necessary for or connected with the working or carrying on of the said col mines and premises hereinbefore described and demised, or any of them, and, subject, as aforesaid, shall also be permitted to occupy, at a rent to be fixed by the said Governor or Chief Officer, any land which the Company or their assigns may require for the construction of any wharves, quays, or jetties, for the loading or unloading of their vessels, or the loading or shipping of coal; PROVIDED ALSO, that the water frontage of any land that may be occupied by the said Company or their assigns, for any of the purposes last aforesaid, and whether taken in one or more localities, shall not exceed 500 yards in the whole; PROVIDED ALSO, that nothing hereinbefore contained shall be construed or operate to restrict or limit the right of the said Company or their assigns, at any time after the exhaustion, of the right of selecting and purchasing 1,000 acres of land as aforesaid, to purchase or acquire from Her Majesty or her successors, under the Government Land Regulations for the time being in force in the said Island, or otherwise, any pieces or parcels of land, or any messuages or hereditaments or easements which may then be open for purchase to the public; AND it is hereby further declared and agreed that, in case it shall happen that the said rent, royalties, and sums of money herein before respectively reserved and made payable, or any of them or any part thereof respectively, shall be in arrear and unpaid for the space of thirty days next after the respective days hereinbefore appointed for payment thereof respectively, it shall be lawful for Her said Majesty and her successors, into and upon the said premises hereby respectively demised, or any part thereof respectively in the name of the whole, to enter and the same and every part thereof respectively, to have again, retain, repossess, and enjoy as in their first and former estate, and thenceforth this present indenture of lease, and the term and estate hereby created, shall cease and determine and be void, except so far only as shall relate to the recovery of any of the rents and royalties and sums of money hereby respectively reserved and made payable, which shall then be in arrear, or the satisfaction of damage for breach, non-performance, or non-observance of any of the covenants or agreements herein contained, anything herein expressed to the contrary thereof notwithstanding; AND it is hereby further agreed and declared that it shall be lawful for the said Company may rosnove Company or their assigns, at the end, expiration, or other sooner determination of the said term hereby granted, to remove, carry away, and dispose of all the engines, boilers, tanks, furnaces, whimsey's, inachinery, fixtures, tools, implements, ropes, rollers, akipe, or other articles and things whatsoever belonging to them, and then being used and employed in the working of the said mines, and the *melting, manufacturing, and refining of the said ironstone, iron ore, petroleum, and other oils and minerals, except any houses, sheds, or other buildings erected for the security of the said engines and machinery, or for the purposes of carrying on the mid works; AND except also any brattice-work, timber, and supports, or drain-pipes, employed in shoring up, maintaining, and keeping open any shafts, pita, adits, drifts, and drains in or connected with any each mine or mines; PROVIDED ALWAYS, and it is hereby further agreed and declared, that it shall be lawful for Her said Majesty's Secretary of State for the Colonies for the time being, to determine and put an end to this present lease, and the estate and interest of the said Company in the premises hereby demised, on the 25th day of December, 1889, in case such Secretary of State shall, six calendar montha previous to that date, give notice in writing to the said Company, their successors or signs, that the said collieries, coal mines, beds, and seams of coal hereby demised, have not been worked to his satisfaction, such notios to be forwarded by post to, or left at the last known place of business of the said Company in the United Kingdom; AND from and after the expiration of such notice, this lease, and the term and estate hereby created, shall ceasa, determine, and be void, except so far only as shall relate to the recovery of any of the rents, royalties, and sums of money hereby respectively reserved and made payable, which shall then be in arrear, or the satisfaction of damage for breach, non-performance, or non-observance of any of the covenants or agreements herein contained; AND it is liereby, lastly agreed, that all expenses incurred, or to be incurred, by or on behalf of Her Majesty or her successors in the preparation and execution of these presents, or in the carrying out the provisions thereof, shall be borne by the said Company, and that the opinion of the Solicitor of Her Majesty's Treasury, as to the amount of such expenses, shall, in all respects, be final.

ront unpaid.

In which enon this Lane to be void.

At end of Lenan

engines, &c.

Brush at December 26, 1889, on six meothe' boties by Sorary of State for the Colonies.

In that event Lones to determine.

Expenses to be paid

by Lamera.

IN WITNESS WHEREOF, Thomas William Clinton Murdoch, and Steven Walcott, Esquires, Her Majesty's Colonial Land and Emigration Commissioners, have hereunto set their hands and seals

67

on behalf of Her Majesty, and the said Oriental Coal Company (Limited) have hereunto set their common seal the day and year first above written.

Signed, sealed, and delivered by the above-named Thomas William Clinton Murdoch, and Stephen" - Walcott, as such Colonial Land and Emigration Commissioners, in the presence of

(Signed) T. W. C. MURDOCH. (LS)

(Signed)

RICHD. B. COOPER,

Assistant Secretary to the said Commissioners, 8, Park Street, Westminster.

S. WALCOTT.

(LB).

The Common Seal of the above-named ORIENTAL COAL COMPANY (Limited) was duly afixed hereto

in the presence of—

(Signed)

(Signed)

DONALD R. MACGREGOR,

R. M. SMITH,

EDWARD R. BARBER,

Secretary to the said Company.

[8. J.]

}

Directors of the said Company.

(LS)

PRINTED AT TEN PERRIEN OFVIM NY 14 HARMONew,—10/17).

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