PUBLIC RECORD OFFICE
I
Reference :-
minimumtimi C.O. 885
22 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
H
23395/09
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Annexure 2 to No. 43.
FORM OF LEASE OF LAND SITE IN South Georgia for WHALING PURPOSES.
Falkland Islands:
day of
This INDENTURE made this
one thousand nine hundred and BETWEEN His Most Gracious Majesty George V., by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas King, Defender of the Faith, Emperor of India, of the
of one part, and
(hereinafter called the Lessees) of the other part, WITNESSETH that His Majesty doth hereby lease unto the said lessees and their assigns, all that lot or parcel of land situate in
in
in
the Island of South Georgia, one of the Dependencies of the Colony of the Falkland Islands, all which lot or parcel of land, containing one hundred and fourteen acres more or less, is more particularly delineated and described in the First Schedule hereto, to have and to hold the said lot or parcel of land hereinbefore expressed to be hereby leased unto the said Lessees and their assigns for the term of twenty-one years one thousand from the
day of nine hundred and
: Yielding and paying therefor yearly, and every year during the said term hereby granted, the clear yearly rent or sum of two hundred and fifty pounds sterling, payable on the first day of January in every year to the Treasurer of the said Colony of the Falkland Islands. And the said Lessees do hereby for themselves and their assigns covenant with His Majesty in the manner following (that is to say): That they the said Lessees or their assigns shall and will truly pay or cause to be paid unto His Majesty, his heirs or successors the said clear yearly rent or sum of two hundred and fifty pounds, at the times and in manner hereinbefore appointed for payment thereof: And also shall not nor will at any time during the said term hereby granted, without the previous consent of the Government of the Colony of the Falkland Islands, assign, underlet, or part with the possession of the said lot or parcel of land hereby leased, or any part thereof.
Provided that this lease is granted subject to the reservations, conditions, and restrictions set forth in Section twenty-one of "The Land Ordinance, 1903," being Ordinance No. 9 of 1903, passed by the Legislative Council of the Colony of the Falkland Islands on the 16th day of December, 1903, and assented to by the Governor and given under the Public Seal of the said Colony on the 18th day of December, 1903, save and except as in so far as any reservations, conditions, and restrictions in whole or in part are herein expressly excluded, and subject also to the covenants, reservations, conditions and restrictions set forth in the Second Schedule hereto; and Provided always, that if it shall happen that the said yearly rent of two hundred and fifty pounds shall be behind or unpaid by the space of Sixty days next over or after any of the said days whereon the same is hereinbefore made payable (whether lawfully demanded or not), or if the said Lessees or their assigns shall not well and truly observe, perform, fulfil, and keep all and every the covenants, clauses, conditions, and agreements hereinbefore, and in the Second Schedule hereto, con- tained, which on their part ought to be paid and performed according to the true intent and meaning of these presents, then and in either of the said cases it shall be lawful for His Majesty, his heirs or successors, into and upon the said leased lot or parcel of land, or any part thereof, in the name of the whole, to re-enter, and the same to have again, retain, repossess and enjoy as in his and their first and former estate. And His Majesty, for himself, his heirs and successors doth hereby covenant with the said Lessees and their assigns that they the said Lessees and their assigns paying the said yearly rent of two hundred and fifty pounds on the days and times and in manner aforesaid, and observing, performing, fulfilling, and keeping all and every the covenants, clauses, conditions, and agreements in this indenture and the Second Schedule hereto contained, on their part to be observed, performed, fulfilled, and kept, shall and lawfully may peaceably and quietly have, hold, use, occupy possess and enjoy the said lot or parcel of land hereby leased for and during the said term hereby granted.
IN WITNESS whereof
Governor and Commander-in-Chief in and over the Colony of the Falkland Islands and its Dependencies, hath, with the special sanction of the Secretary of State for the Colonies, hereunto set his hand for and on behalf of His Majesty and caused the
95
Public Seal of the said Colony to be hereunto affixed at Stanley, in the said Colony, have hereunto and the said
set their hands and seals the day and year first above written.
(Sgd.)
Governor and Commander-in-Chief. By His Excellency's Command,
(Sgd.)
said
Signed, sealed, and delivered by the in the presence
of
said
Signed, sealed, and delivered by the
in the presence
of
Colonial Secretary.
The First Schedule referred to in the abore-written Indenture.
The lot or parcel of land in the Island of South Georgia hereby leased is
The Second Schedule referred to in the above-written Indenture.
1. The lot or parcel of land hereby leased is leased for the purpose of enabling
the Lessees to carry on whale fishing in the waters of South Georgia.
2. The Lessees are prohibited from taking, removing, appropriating, killing, or in any way using either for their own benefit or for the benefit of any other person or persons any product or animal whatsoever on the Island of South Georgia or any island adjacent thereto.
3. The right to win and take mineral oil on the lot or parcel of land hereby leased is reserved to the Crown.
4. The Lessees hereby for themselves and their assigns covenant with His Majesty, his heirs and successors, that they the Lessees and their assigns, during the said term-
vessels in taking whales off South Georgia (a) Will not employ more than
in addition to any store ship or floating factory. (b)* Will, in carrying on their whale fishery business at South Georgia, provide the necessary plant for utilising the whole carcase of all whales taken, without waste, and not only the blubber, and will utilise the whole carcase accordingly, from the first day of thousand nine hundred and
1
one
(c) Will keep regularly from day to day from the 1st day of January, one an accurate record of meteoro- thousand nine hundred and logical observations in respect of temperature, the readings of the baro- meter, the amount of rainfall, and the direction and pressure of the wind, on and at the lot or parcel of land hereby leased, and will furnish full particulars of all such observations, with as little delay as may be possible, to the Governor of the Colony of the Falkland Islands for the time being.
(d) Will keep in stock on the said lot or parcel of land hereby leased a reason- able quantity of coal and provisions to be supplied at cost price to any ship requiring coal or provisions.
and maintain in proper (e) Will establish at
working order two leading beacon lights, to be exhibited at all times between the hours of sunset and sunrise as guides to shipping.
(f) Will give full facilities of access to the shore on which the lot or parcel of land hereby leased is situate to all persons holding leases granted by the Government of the Colony of the Falkland Islands, or who shall proceed to the Island of South Georgia with the sanction of the Governor of the said Colony; and
• Subclause (b) is not found in the earlier leases.
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