CO129-091 - Acting Governor Mercer - 1863 [1-3] — Page 119

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Executors, Administrators or Assigns; AND SAVE AND EXCEPT also full power to make and conduct in, through zad under the said hereby demised premises, ali and my public or common sewers, drains or

watercourses,

TO HAVE AND TO HOLD the said piece

or parcel of ground and premises herely denised, or intended so to be, with their and every of their appurtenances, unto the said

Assigns, from the

Executors, Administrators and for and during and unto the full end and term of nine hundred and ninety nine years from thence next ensuing and fully to be complete and ended: YIELDING AND PAYING therefor yearly and every year the Sum of

in Current Dollars of the said Colony of Hongkong, by half-yearly payments, on the Twenty-fourth day of June and the Twenty-fifth day of December, in every Year, free and clear of and from all Taxes, Rates, Charges, Impositions and Assessments whatsoever, imposel or to be imposed upon or in respect of the sail hereby deraised premises or any part thereof, during the term hereby granted; the first half yearly payment of the said yearly rent or Sum of

such proportion shall be fixed and usecetained by the Surveyor of Her said Majesty, Uer Heirs, Successors or Assigns, and shall be recoverable in the nature of rent in arrear; AND FURTHER that it shall and may be lawful to and for Her said Majesty, Her Heirs, Successors or Assigns, by Her or their Surveyor, or other persons deputed to aec for Her or then, twice or oftener in every year during the said term, at all reasonable times in the day, to enter and come into and upon the said parcel of ground hereby domised, and into any messuages or tenements, which may at any time be built thereon, to view, soarch and see the condition of the same, and of all decays, defects and wants of reparation and amendment, which upon every such view or views shall be found, to give or leave notice or warning in writing, at or upon the said demised premises, unto or for the said

Executers, Administrators or Assigns, to repair and amend the same within three Calendar Months then next following, within which said time or space of three Calendar Months, after every such notice or warning shall be so given, or left as aforesaid,

the said

for

Executors, Administrators and Assigns doth hereby covenant, promise and agree with Her said Majesty, Her Heirs, Successors and Assigns, to repair and amend all such decays, defects and wants of reparation and amendment accordingly; AND FURTHER that the said

to be rande on the

day of

186

Executors. Administrators

AND THE SAID

for

Heirs, Executor, Administrators and Assigns doth hereby covenant, promise and agree, to and with Her said Majesty, Her Heirs, Successors and Assigns by these presents, in mauner following, that is to say, that

the said

and Assigns or any other person or persons, shall not nor will, during the continuance of this demise use, exercise or follow, in or upon the said premises or any part thereof, the trade or business of a Brazier, Slaughterman, Soap-maker, Sugar-baker, Fellmonger, Meker of tallow, Oilman, Butcher, Distiller, Victualler or Taveni-keeper, Blackemith, Nightman, Scavenger or any or either of thou, or any other noisy, noisome or offensive trade or business whatever, without the previous license of Her said Majesty, Der Heirs, Successors or Assigns, signified by the Governor of the said Colony of Hongkong, or other person duly authorized in that behalf; AND ALSO that

the said

Executors, Administrators

Heirs, Executors, Administrators

or Assigns shall and will yearly, and every year, during the said term of nine hundred and uinely nine years hereby granted, well and truly pay or cause to be paid to Her said Majesty, Her Heirs, Successors and Assings, the said yearly Sum of

clear of all taxes and deductions as aforesaid

in the several days and times, and in the manner herein before reserved and made payable; AND ALSO that

the said

Executors, Administrators and Assigns shall and will during all the said term hereby granted, bear, pay and discharge all taxes charges and impositions whatsoever, as are or shall be hereafter assessed or charged on, or in anywise imposed upon or in respect of the said premises hereby demised or intended so to be or any part thereof. AND that

the said

Executors, Administrators or Assigns, shall and will, before the expiration of the first year of the term hereby granted, at his and their own proper costs and charges, in a good, substantial and workman-like manner creot, build and completely finish fit for usc, one or more good, substantial and safe brick or stone messuage or tenement, messuages or tenements, upon some part of the ground hereby demised, with proper fences, walls, sewers, druins and all other usual or nccessary appartenances, and shall and will lay out and expend thereon the

Sum of

and upwards, which said inessuage or tenement, messuages or tenements, shall be of the same rate of building, elevation, character and description, and shall front and range in an uniform manner with the messuages or tenements in the same Street, and the whole to be done to the satisfaction of the Surveyor of Her said Majesty, Her Heirs, Successors or Assigns; AND ALSO that the said

Executors, Administrators and Assigns, shall and will from time to thue, and at all times, from and after the said message or tenciment, erections and buildings on the said piece of ground hereby demised shall be respectively completed and finished, during the remainder of the said term hereby granted, when, where, and as often as need or occasion shall be and require, at his and their own proper costs and charges, well and sufficiently Repair, Uphold, Support, Maintain, Pave, Purge, Scour, Cleanse, Empty, Amend and keep the said message or tenement, messages or tenements, erections and buildings, and all the Walls, Rails, Lights, Pavements, Frivies, Sinks, Drains and Watercourses thereunto belonging, and which shall in any wise belong or appertain unto the same, in, by and with all and all manner of needful and necessary reparations, cleansings and numendments whatsoever, the whole to be, done to the satisfaction of the Surveyor of Her said Majesty, Iler Heira, Successors or Assigns; AND THE SAID message or teuemment, nessuages or tenements, erections, buildings and premises, so being well and sufficiently repaired, sustained and amended, at the end, or sooner determination of the said term, shall and will peaceably and quietly deliver up to Her said Majesty, Her Heirs, Successors or Assigns; AND ALSO that it shall be lawful for Her said Majesty, Her Heirs, Successors or Assigns, or Her and their Agent, or any person or persons deputed by hitt or them, to enter into and upon the premises hereby demised, at any reasonable hours in the day time, within the last seven years of the aforesaid term of nine hundred and ninety-nine years, to take a Schedule or Inventory of all and every the fixtures and things to be yielded up at the expiration thereof, as aforesaid, AND ALSO that the said

Executors, Administrators and Assigns shall and will, during the term hereby granted, as often as need shall require, bear, pay and allow a reasonable share and proportion for and towards the costs and charges of making, building, repairing and amending, all or any roads, pavement, channels, fences and party-walls, draughts, private or public sewers and drains, requisite for, or in, or belonging to the said demised premises, or sny part thereof, in common with other premises near or adjoining thereto and that

or Assigns, shall not nor will, let, underlet, mortgage or otherwise assiga over, or otherwise part with, all or any part of the ssid hereby demised premises, for all or any part of the said term of nine hundred and ninety nine years, without at the same time registering such alienation in the Land Office, or in such other Office as may hereafter be instituted for the purposes of Registration in the said Colony of Hongkong, and paying all reasonable fees and other expenses thereon. PROVIDED ALWAYS, and these presents are upon this express condition, that if the said yearly rent of

in current Dollars as aforesaid bereiubefore reserved or any part thereof, shall be in arrear and unpaid by the space of twenty-one days next over, or after any or either of the said days whereon the same ought to be paid as aforesaid, (being lawfully demanded upon, or at any time after the said twenty-one days, and not paid when demanded), or in case of breach or non-performance of any or either of the other covenants, clauses, conditions, agreements or provisions herein contained, and by and on the part and belwif

of the said

Executors, Administrators or Assigns to be kept, done and performed, then, and in either of the said cases, from thenceforth, and at all times thereafter, it shall and may be lawful to and for Her Majesty, Her Heirs, Successors or Assigns by the Governor of Hongkong or other person duly authorized in that behalf, into and upon the said hereby demised premises, 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 Her or their first or former estate, as if these presents had not been made; and the said

Executors, Administrators and Assigns, and all other occupiers of

the said premises, thereout and thence utterly to expel, put out and amove, this Iudenture or anything contained herein to the contrary notwithstanding. IN WITNESS whereof the said

duly authorized by Her sail Majesty as aforesaid, hath executed

these presents, and hereunto set the Public Seal of the Colony of Hongkong aforesaid, in the Name and on the behalf of Her said Majesty, the day and your first above written.

Examined and Certified to be correct.

Surveyor-General.

Registered.

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