CO129-091 - Acting Governor Mercer - 1863 [1-3] — Page 118

Bur Muever,

A

The Duke of Neweritte.

Meivid

JMeter

A: 20.

Crown Grants in the Colonies 2nd December 1862 respecting

Puplaying to Circular of

109

This Indenture,

186

of two parts, made the

day of between OUR SOVEREIGN LADY VICTORIA, by the GRACE of GOD, of the United Kingdom of Great Britain and Irclud, Queen, Defender of the Faith, of the one part, and

of the other part.

Whereas by Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, made and dated at West- minster, the Fifth day of April in the Sixth Year of the Reign of Her said Majesty, the Island of Hongkong and its Dependencies were erected into a Colony, and full power and authority to the Governor of the said Colony of Hongkong, for the time being, were given and granted in the Name of Her said Majesty, and on Her behalf (but subject nevertheless to such provisions as might be in that respect contained in any Instructions which might from time to time be addressed to him by Her said Majesty,) to make and execute, in the Name and on the behalf of Her said Majesty, under the Public Seal of the said Colony, grants of Land to Her said Majesty belonging, within the said Colony, to private persons for their own use and benefit, or to any Persons, Bodies Politie or Corporate, in trust, for the public uses of Her said Majesty's Subjects there resident, or any of them; AND WHEREAS by certain other Letters Patent under the Great Seal as aforesaid, bearing date the

day of Year of the Reign of Her said Majesty,

was constituted and appointed

in the

Governor

and Commander-in-Chief of the said Colony of Hongkong, and its Dependencies; AND WHEREAS by certain Instructions of Her said Majesty, addressed to the then Governor of Hongkong, under Her said Majesty's Signet, and Sign Manual, and dated the Sixth day of April, 1843. The said Governor was, amongst other things, instructed to grant Leases of the Land in the said Colony belonging to Her said Majesty; ow this Indenture witnesseth, that in consideration of the yearly rents, conditions and agreements hereinafter reserved and contained, by and on the part and behalf of the said

and Assigns, to be paid, done and performed, and also of the sum of

Executors, Administrators

Current Dollars, which are at this time a legal tender in the said Colony of Hongkong, in hand paid to the said

use of Her said Majesty, by the said

35

Governor of the sail Colony, for the

at or before the Sealing and Delivery of these Presents, the Receipt whereof is hereby acknowledged; HER SAID MAJESTY QUEEN VICTORIA, Bath demised, leased and to farm let, and by these presents Both demise, Icase and to farm let, unto the said

Executors, Administrators and Assigns, ALL that piece or parcel of Ground situate, lying, and being at Victoria in the said Island of Hongkong,

together with all easements, profits, cammodities and appurtenances whatsoever to the said demised premises belonging, or in any wise appertaining. EXCEPT AND ALWAYS RESERVED unto Her said Majesty, Her Heirs, Successors and Assigns, full power to resume and take possession of all or any part of the said piece or parcel of Ground hereby demised, if required for the improvement of the said Colony of Hongkong, or for any other public purpose whatsoever, Three Calendar Months' notice being given to the Occupant thereof of its being so required, and a full and fair Compensation for the said Land and the Buildings thereon, being paid to the suid

Heirs, Excentrs, Administrators or Assigns, at a valuation to be fairly and impartially made by the Surveyor of Fler said Majesty, Her Heirs, Scessors or Assigns, and in which said valuation, the benefit to accrue to the said

Heirs, Executors, Administrators or Assigns from any such improvement or public purpose shall be allowed by way of set-off against any Damage, he or they may suffer from such resumption as aforesaid; EXCEPT AND RESERVED ALSO, all Mines, Minerals and Quarries of Stone in, under and upon the said premises, and all such Marl, Clay, Chalk, Brick-earth, Gravel, Sand, Stone and Stones, and other Earths or Materials, which now are or hereafter during the continuance of this demise, shall be under or upon the said premises, or any part or parts thereof, as Iler said Majesty, Iler Heirs, Successors and Assigns may require for the Roads, Public Buildings, or other Public I'urposes of the said Colony of Hongkong; with full liberty of Ingress, Egress and Regress, to and for Her said Majesty, Her Heirs, Successors nad Assigns, and Her and their agents, servants and workmen, at reasonable times in the year during the continuance of this demise, with or without horses, carts, carriages, and all other necessary things into, upon, from and out of all or any part or parts of the premises herein before demised, to view, dig for, convert and carry away, the said excepted Minerals, Stone, Earths and other things respectively, or any part or parts thereof respectively, thereby doing as little damage as possible to the said