PUBLIC RECORD OFFICE
Reference :-
MMMMCO 885
22 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT. PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-
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promptly removed, burnt, or otherwise destroyed or disposed of in such manner and at such place as shall be directed by the Health Officer.
The premises shall be kept in a clean and sanitary condition as far All buildings as practicable to the satisfaction of the Health-Officer used for the business or occupied by the employees shall be sufficient and suitable for their respective uses and kept in proper repair. (11) The Government accepts no responsibility in any way in connection with
the aforementioned jetties.
(12) Should it be found necessary in the interests of the revenue to station a Customs guard at "Stompneus Bay," in connection with the said jetty and landing and shipping appliances, the lessees shall be bound to pay into the Public Treasury a sum, in the discretion of the Government, not exceeding £150 per annum.
APPENDIX 9.
COPY OF THE USUAL FORM OF LEASE ADOPTED FOR WHALING SITES IN NATAL. DEED OF LEASE made and entered into between GEORGE ROBERT HUGHES, in his capacity as the Secretary for Lands of the Union of South Africa, in con- junction with JOHN LINCOLN WATSON, in his capacity as the Surveyor-General of the Province of Natal, acting herein by virtue of, and pursuant to, the Laws and Regulations relating to the disposal of Crown Lands within the Province of Natal, and in terms of the Crown Land Disposal (Execution of Deeds) Act No. 2 of 1911, and duly authorised in that behalf under the said Act by the Governor-General collectively representing the Government of the Union of South Africa, and hereinafter referred to as the Government of the one
of the other part. part, and Witnesseth:
1..
the terms and upon The Government agree to let to the lessees, who agree to hire conditions hereinafter set forth, a certain piece of land situate at Province of Natal, in extent
more or less, as will more fully appear upon the diagram hereunto annexed.
2.
and
This lease shall commence and take effect as from the shall continue for a term of five years with right of renewal by the lessee for a further period of five years upon the same terms and conditions, of which renewal the lessees shall give the Government notice, in writing, not less than three months and not more than six months prior to the expiry of the term of this lease. Failing receipt of such notice by the Minister from the lessee or his legal representative, the lease shall ipso facto terminate at the expiration of the first term of five years.
3.
During the continuance of this lease the lessees shall pay to the Government, as per annum for the first year and by way of rental, the sum of
and for the remainder of the five years at the rate of able half-yearly in advance on the first days of
in each and every year.
4.
per annum, pay-
and
The leased premises shall be used as a whaling station, for the extraction and refining of whale oil, the treatment of whale flesh and bones, the manufacture of industrial products from whales, including soap and the storage thereof, dwelling accommodation for the workmen, but for no purpose whatsoever except those of the aforesaid industry.
5.
Subject to the provisions hereinafter contained the lessees shall be allowed to tow the carcasses of whales on to the shore and to land them at the leased site, pro- vided that such carcasses shall in all cases be fresh and in good sound condition, and
11
that the Health Officer or other responsible officer acting in that capacity may order that any carcasses which, in his opinion, are not fresh be taken back and disposed of at a sufficient distance from the shore.
8.
The lessees shall be allowed to erect such buildings and flensing plane upon the said piece of land as are required for the purposes of their industry, and a slipway to the water's edge, and to make all necessary excavations or fillings up, and to carry out such other work as may be necessary for the effectual carrying on of their business. All plans and specifications of any buildings, slipway or other works must be submitted to the Government for the approval of the Health Officer or such other responsible officer acting in that capacity, before the commencement of operations. All such buildings and works shall be carried out to the satisfaction of the Health Officer or other responsible officer acting in that capacity, and shall not be brought into use until his certificate has been given that they have been properly carried out.
7.
The lessees shall, within nine months after the commencement of this lease. commence the business permitted by this lease, and shall throughout the term of this lease carry on such business upon the said premises with all reasonable activity and shall not suffer the premises to remain unused or to be used otherwise than for the purposes hereinbefore mentioned.
8.
The lessees or any cessionary or assignee of this lease shall not cede, assign or transfer the rights granted hereunder without the consent of the Minister of Lands in writing, first had and obtained.
9.
The lessees shall pay all taxes and assessments which may at any time be charged upon the leased premises.
10.
It is an essential condition of this lease that the lessees' business shall be carried on without any nuisance being occasioned thereby, whether by reason of a noisome smell or by the discharge of any effluvia or of any noxious or offensive matter or by anything likely to endanger the health or convenience of the public or of any persons being or passing near to the leased premises and that nothing done or occasioned in the course of the business shall contravene any Regulations for the time being in force relating to Public Health.
For this purpose, and without prejudice to the generality of the foregoing con- dition, it shall be the duty of the lessees to comply in all respects with any instructions issued or regulations made by competent authority, and they shall diligently carry out all reasonable requirements given by the Health Officer, or other responsible officer acting in that capacity, for ensuring a compliance with such instructions or Regulations.
All refuse and substance likely to decay shall be promptly removed, burnt, or otherwise destroyed or disposed of in such a manner and at such place as shall be directed by the Health Officer or other responsible officer acting in that capacity.
The premises shall be kept in a clean and sanitary condition as far as practicable to the satisfaction of the Health Officer, or other responsible officer acting in that capacity. All buildings used or occupied by the employees shall be sufficient and suitable for their respective uses and kept in proper repair.
11.
Any officer authorised by the Government in that behalf may at all reasonable times enter upon the premises and inspect the same in order to satisfy himself that the conditions of this lease are being properly carried out, and it shall be the duty of the lessees to afford him reasonable facilities for such inspection.
12,
If at any time during the continuance of this lease or renewal thereof the pre- mises hereby leased shall be required for public purposes, it shall be lawful for the Government upon twelve months' notice to enter thereupon and the same to take and hold for such public or other purpose as aforesaid, freed and discharged of any
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