CO129-136 - Sir MacDonnell - 1869 [1-3] — Page 445

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Hongkong, with full liberty of ingress, egress, and regress, to and for Her said Majesty, or Heirs, Successors, and Assigns and Ier, and their agents, savants, and workmen at reasonable times in the your, during the continuance of this demise, with or without horses, carts, carriages, * and all other acessary things, into, upon, from, and out of all or any part or parts of the premises hereinbefore demised, to view, quarry, 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 posible to the said William Gernerelt has

executors, administrators, or assigns; AND SAVE AND EXCEPT also full power to make and conduct in, through, and under the said hereby demised premises, all and any public of coup sex for kulding my hublic quay

portion thereof adjacens to the fra, we may be required

watercourses. And also such hier, of roadway prentung thirdto

TO HAVE AND TO HOLD the said piece or parcel of ground and premises, hereby demised, or intended so to be, with their, and evory of their appurtenances, unto the said

william Commalt his

executors, administrators, and

for and during and unto the full end and term of Seventy-five years from thence next ensuing, and fully to be complete, and ended: YIELDING AND PAYING therefore yearly and every Year the Sum of 072e hundred and sixty seven pounds

night shillings and ten pence -

assigns, from the Final day of February. One thousand eight hundred and forty your

Sterling, in Current Dollars of the said Colony of Hongkong (ut such rate of exchange, as is now, or may hereafter from time to time be fixed as the rate of exchange, for the payment of the Salaries of the Public Servants of the said Colony) by haif 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, imposed or to be imposed upon or in respect of the said hereby demised premises or any part thereof, during the term hereby granted; the list half yearly payment of the said yearly rent or Sum of One hundred and sixty.

right drillinge

and ten penth

Sterling to be made on the

Day of Stober

AND THE SAJD William Gernmell.

18h four (4)

for himself für heirs, executors, administrators, and assigns doth hereby covenant, promise, and agree, to and with Her said Majesty, Her Heirs, Successors, and Assigns by these presents, in manner following, that is to say that he the said William Benwell, his.

heirs, executors, administrators, or assigus shall and will yearly, and every Year, during thesaid term of Seventy-five Years hereby granted, well and truly pay, or cause to be paid to Her said Majesty, Her Heirs, Successors,

seven pounds right shillings

and Assigns, the said yearly Sam of one hundred and sixty

and her pence Sterling, payable in Dollars at the rate of exchango aforesaid, clear of all taxes and deductions as aforesaid, the several days and times, and in the Insauer hereisbefore reserved and made payable; AND ALSO that he the said Williams Gemmell, had

- executore, 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

William Gemmell, his will, before the expiration of the

t

executors, administrators, or assigns, shall, and Year of the term hereby granted, at his and their own proper costs and charges, in a good, substantial, and workmanlike manner erect, build, and completely finish fit for use, one or more good substantial, and safe brick or stone messunge or feuenient, messuages or tenements, upon some part of the ground hereby demised, with proper fences, walls, sewers, drains, and all other usual or necessary appurtenances, and shall and will lay out, and expend thereon the Sum of one thousand diy fundred

and searccty four pounds aight shillings and four pench

and upwards, which said messuage 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 William Gemmell, his

executors, administrators, and assigns, shall, and will from time to time, and at all times, from and after the said messuage or tenement, erections and buildings on the said piece of ground hereby demised shall be respectively completed and finished, during the remainder of the said torm 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, seaur, cleanse, empty, amend, and keep the said messuage or tenement, messuages or tenements, erections and buildings, and all the walls, rails, lights, paremonts, priries, sinks, drains and watercourses thoreunto belonging, and which shall in any wise belong or appertain unto the sarae, in, by, and with all and all manner of needful and necessary reparations, cloansings, and arcendments whatsoever, the whole to be done to the satisfaction of the Surveyor of Her said Majesty, Her Heirs, Successors, or Assigns; AND THE SAID messuage or tenement, messuages or tonements, erections, buildings and premises, so being well and sufficiently repaired, sustained, and amended, at the end, or sooner determination of tho said term, shall and will peaceably, and quietly deliver up Har 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 thoir Agent, or any person or persons deputed by him, or them, to enter into, and upon the premises hereby demised, at any reasonable hours in the day time, within the last Soven Years of the aforesaid term of Seventy-five 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 William Geumelé hir

.

exeentors, 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 waking, building, supporting, repairing, and amending ull or any,

publie

which

hereafter be built adja mit to the dea, quays, fuene, or

roadways

may in the sound hereby devsized premises, auth

all, or any roads, pavements, channels, fences,

and party walls, draughts, private or public sewers, and drains, requisite for, or in, or belonging to the said demised promises, or any part thereof, in common with other premises near or adjoining thereto, and that such proportion shall be fixed, and ascertained by the Surveyor of Iler said Majesty, Her 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 Heira, Successors, or Assigns, by Her, or their Surveyors, or other persous deputed to act for Her, or them, twice or oftener in every Year during the said term, at all ronsonable times in the day, to enter, and come into, and upon the said parcel of ground herety demised, and into any messuages or tenements, which may at any time be built thereon, to view, search, 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 netice of warning in writing, at or upon the said demised premises, unto, or for the said billiam Semwelt, his

executors, administrators, or assigus, 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, e

the said Willian Gemmell

for

himself his

executors, administrators, and assigna 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

Williams Gemmell, his

executors, administrators, and assigns,

or any other person or persons, shall not, nor will during the continuance of this demise, use, exercise, or follow, in, or upou the said premises or any part thereof, the trade or business of a Brazier, Slaughterman, Soap maker, Sugar baker, Fellmonger, Meiter of tallow, Dilman, Butcher, Distiller, Victualler, or Tavern keeper, Blacksmith, Nightman, Scavenger or any or either of them, or any other noisy, noisome, or offensive trade or business whatever, without the previous license of Her said Majesty, Her Heirs, Successora, or Assigns, signified by the Governor of the said Colony of Hongkong, or other person duly authorized in that behalf; AND ALSO that a the said William Gemmell his

executors, administrators, or assigns, shall not, nor will let, underlet, mortgage, or otherwise assign over, or otherwise part with, all or any part of the said hereby demised premises, for all or any part of the said term of Seventy-five 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 Orte fuccedred and sixty

seven pounds eight shillings and ten pence

payable in current dollars as aforesaid, heroinbefore 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 berein contained, and by, and on the part and behalf of the said

William Gemmell his

~~ executora, administrators, and 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 11er said Majesty, Her Heirs, Successors, or Assigns by the Governor of Hongkong, or other porsou 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 Chillian Gemmill his

execators, administrators, and assigns, and all other occupiers of the said premises, therent and thence utterly to ospel, put out, and aciove, this Indenture or any thing contained herein to the contrary notwithstanding. Adam Scott on behalf of the said tre: Gem-IN WITNESS whereof theid Robert Strachan and

bavahereunto set a handsand sealy the day and year first above written.

Signed Sealed and Delivered at Victoria, Hongkong,

In the presence of

(signed)

(signed) Robert Strachan

(

tom Jarraut

Euanmined and certified to be correct

(siques) that St bea Cleverly

acting Surveyor Several

Adam Scott.

2.8

Attornies for 1p Gemmell

Certified to be a true Copy.

Rag 2

(riquid, W Jarrant.

Surveyor

Geural.