CO129-138 - Sir MacDonnell - 1869 [6-7] — Page 379

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This Endenture, or two parts, made the Twenty eighth day of pert, Adolphus Baward Shelley

March

1846, between OUR SOVEREIGN LADY VICTORIA, by the GRACE of GOD of the United Kingdom of Great Britain and Ireland Queen, Defender of the Waith, of Istana Costanraur, No. 29%

of the other par!

WHERRAS by Looters Patent under the Devon Bent of the United Kingdom of Great Beltais and Ireland, made and dated at Westminster, the fifth day of April in the sixth Year of the Reign of fler said Majesty, the Island of Hongkong and its Dependencies were erected into a Colony, and fill power and nurturity to the Guverner of the spid Cons of tlongsong fur the the beings were given und granted in the Name of Her said Majesty, and on Her bohali (but subject nevertheless, to such provisions as might be in that respect contained in any Instructions which might from time to line ha siresred to him by Her sat Mujesty, to make and execute, in the Nuus and on the bit of Han sud Majesty, under the Public Seal of the said Colony, graats of Land, to Her said Majesty belonging, within the said Colony, to private persons for their owu ase and benefit, ur to any persona, bodies politic or corporate trust for the public nses of Iar and Majesty's Subjects there resident, or any of thou; AND WHEREAS by certain other Letters Parent ander the Great Soal as foresaid, beating date the Twenty-third day of February in the Seventh Year of the Reign of Her said Majesty, JOHN FRANCIS DAVIS, Esquire, (now Sir John Francis Davis, Baronet) Her Majesty's Picciotondary and Chief Superintendent of the Trade of British Subjects trading in China, was constituted and appointed Governor and Commander-in-Chief of the said Colony of Hongkong and its Depen- dencies: AND WITEREAS by certain Testructions of Her said Majesty, alrossed to the then Claremor of

Hongkong, "under Hor said Majesty's Sigost and Sign Manual, and dared the sixth day of April 1843, the said Governor was, amongst other things, instructed to grant Loasis of the Land in the

Colony elonging to Her sud Majesty; NOW THIS INDENTURE WITNESSET, that in consideration of the yearly rests, conditions, and agreements, haveluafter reserved and contained, by and on the part and behalf of the said Adolphus Edward Shelley, his

executors, administrators,

cod assigns, to be paid, dort, and performed, and also of the sum of five current doilars, which are at this time a legal tender in the said Colony of Hongkong, in hand paid to the said Sir John Francis Davis, Baronet, za Governor of the said Colony, for the use of Her Majesty, by the said

Adolphus Edward Shelley.

at or before the Sealing and Delivery of these Presents, the Receipt whereof is hereby arkowledged, WIR 2A11) MAJESTY QUEEN VICTORJA Hath donised, leared, and to fart ler, and by these prosents Dath demise, lease and to farm lat, nuto the said Adolphus Edward Shelley dein

Government and hartig.

#f

execators. administrators, and assigns, on a Public road and measuring

ALL that pives or parcel of ground, situare, lying, vil icing of Vistoria in the said Istond of Hongkong. Abutting on the north side thereof partly on ground is possession thereon Two hundred and twenty feet, on the Bouth and East side thereof or

L'on a clove registered in the hand office as Inland Lot mumber & wo hundred and ninely how in this name of Adolphus Baward Shelley aforesaid, and measuring thereon sus hundred feet, on the north and Bast side thereof. on a close registered in the Land Office as Inland Lot mucher Jus hundred and ninety four in the name of Adolphus Baward Shelley, and measuring thereon Two hundred and dirty feet, on the South and Mest side thereof on ground now in possession of Government and measuring thereon I wo hundred and Dirty feet, which said price or parcel of ground contains in the whole. Jefly sy Houdant

registered in the Land office as Inland hot number two hundred and rinnaty one is the rause of the said Adolphus Edward Shelley

oquare feet aud es together with all erstaunts, profits, comodrics, and appartesances whitsurver, to the said demised promises bolenging, or in anywise appertaining. EXCEPT AND ALWAYS RESERVED anto Her said Majesty, her Heirs, Successors, And Assigns, full power to rosume and take possession of alt or say eut of the said piece or parcel of Ground hereby devised, if required fie the improvement of the said Colony of Hongkong, or for any other public purpose whatsoever, three calendar months' notice being given to the cocupant thereof of its being so required, and a full and hair competention for the

said lead and the buildings thereon, being paid to the said Adolphus Edward Shelley his

Leus, evecutors, administrators, or assigns, at a valuation to be fairly and impartially made by the Surveyor of Her suid Majesty, her Heirs, Successors, or Assigns, and in which said valuation, the benatis to accrue to the said Adolphus Edward Shelley his

heirs, executors, administrators, or essig, for 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 pon the said premises, and all sach work, clay, dalk, brick outh, 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 fer said Majesty, Ter Heirs, Sharpsors, and Astigs may require for the roads, public buildings, ather public purposes of the said Colony of Hongkong, with fail Eberty of ingress, egress, and regress, in and for Ifer said Majesty, Her Heirs, Sucesssurs, omi Asagens, and Her and their agents, servants, and workmen, at reasonable time in the yet, duing the continuance of this demise, with or without horses, arts, carriages, and all other nocess things, into, upon, from, and out of all or and other things respectively, or any port or junts thereof respectively, thereby doing as little damage as possible to the said Adolphurs Cutward Shelley die de parts of the promises herein beforo detalized, to view, quarry, der for, convort, and cury away, the said excepted minerals, stone, oneths, executors, lininistrators, or assigns; AND SAVE AND EXCEPT als full power to make and conduct, in, throng, and unter the said hereby demised premises, all and any public or common sewers, drains, or watercourses. the said Adolphus Edward Shelley, his

TO SAVE AND TO HOLD the said piece or parent of ground and praises hereby denised, or intended so to be, with their and every of their appurtenanees, unto Second day of march one thousant Eight hundred and forty six

executors, administrators, and assigns, from five, and during, and unto the fall end ant term of Seventy-five years from thence next casing, and fully to be completed and ended: YIELDING AND PAYING there or yearly and every fear the fan of

Sterling, in Current Dollars of the sold Colony of Hongkong (at such rate of exchange as is now, or may hereafter from time to tutae he fixed as the rate of exchange for the pagraent of the Salaries of the Public Servants of the said Colony) by half-yearly payments, on the twenty-

fwo foundo and Maken shillings fourth day of June, ami the twenty-fifth day of Decombe, in every year, free and clear of and from all taxes, rates, charges, impositions, and assessments whatsoever, imposed or to be imposed, apou or in respect of the said hereby demised premises, or any part thereof, during the term hereby granted; the first helt-yearly payment of the said renely Heat or Sam of Two pounds and sixteen shillings

Sterling to be male go: the

244 24

day of

1846 AND THE SAID Adolphus Edward Shelley for himself, hi heis, exorútors, administators, and assigns, dath hereby covenant, premise, and agree, and with Her said Majesty, Ilev Heirs, Successors, and Assigns, by these presents, in munner following, that is to say, that

the

The said Chilotphus Edward Shelly his luirs, uxgontors, administrators, or assigns ebuli and wiil yearly, and every year, during the said form of Seventy-åre years hereby granted, well und truly pay, or cause to be paid to Ifor sin Majesty, Fler Heirs, Successors, and Assigus, the add yourly Sum of Je pounds and astean shillings Sterling, payable in Dollars at the rate of eschange aforesaid, clear of all taxes and deductions ar adressil, in the several days and times, and in the manner herein before reserved and made payable; AND ALSO that he the said Adolfikus Bdward Shelley, his

crezutors, administrators, and assigue, shall and will, during of the said term hereby granted, bear, pay, and discharge all taxes, charges, and impositions whatsoffer, as are or shall be lureafter assessed or charged, on or in anywise imposed upon or in respect of the aid preaves hereby dexised, or intended so to be or any part thereof. AND that frok the said Adolphus Baward Shelley bend

in a good, substancial, and workman-like annner evect, build, and completely finish fit for se, one or reque good substantial and safe brick or some messunge or tenement, messages or tenements, upon some part of the ground hereby demised, with proper fences, walls, sewera, drains, and all other usanf or esecutors, administrators, or assigns, shoil, and will before the expiration of the First. year of the term hereby granted, at his and their own proper costs and charges, esdestry app tomances, and shall and will by cat and expend thereon the bure of Juneuty eight poructo and upwards, which mid mugs or tenement, messunges or taurinents, shall be of the same fate of building, elevation, charecter, and description, and shall front and range in en uniform manner with the messurges, or tenements in the same street, and the whole to be done to the satisfaction of the Sarveyor of Her said Majesty, Her Heirs Sucessors, or Assigns; AND ALSO that the said Adolphus Edward Shelley, heir

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executors, administrators, and assigur, shali and will, from time to time, sod at all times, from nod after the sail message or tenement, erections and buildings, on the said piece of ground hereby demised, shall be respectively completed and finished, during the remainder of the ssid term hereby granted, when, where, and as often a nord or macasion shall be and require, at his and their own propor ents and charges, well and sficiently repair, uphold, support, inaitain, pave, purge, scoun, cleanss, empty, amend, mul keep the said niesango or tenement, messages or tenements, erections and buildings, and all the white, rails, sights, pavements, privies, sints, drons, and watercourses therosto belaging, and which shall in anywise belong or appertain. unto the same, in, by, and with all and all manner of needful and necessary reparatious, cleansings, and mandments whatsoever, the whole to be done to the satisfaction of the Surveyor of He said Mujesty, Her Heirs, Sacerssors, or Assigns: AND THE SAID message or tenement, tessages or tenements, rectious, buildings, and promises, so being well and suficiently repaired, sustained, and afculed, at the end, or sooner determination of the said term, elall and will peaceably and quietly deliver up to Her il Majesty, Hor Hairs, Sucnnssum, or Assigos; AND ALSO that it shall be lawfid for Fler said Majesty, Her Heirs, Successors, or Assigns, or Her and their Agent, or any person or persons deputed by him or them, to enter into and upon the premises hereby demisel, at any reasonable hours in the day time, within die last seven years of the aforeni 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 there as aforesaid, AND ALSO that the said

Adolphus Edward Shelley. his Recutors, administrators, and assigns, shall and will, during the term hereby granted, an often as need shall require, bour, pay, and allow a reasonable share and proportion for and torseds the costs and charges of renking, building, supporting, repairing, and amending premises, or any part thereof, in position with other prentees near me ndjoining thereto, and that such proportion shall be fixed and ascertained by the Surveyor of Ir said Majesty. Her Hairs, Sucessors, pe Assigns, and shall be recoverable in the nature of rent in perew; AND FURTHER, that it shoul all or any routs, pavements, channels, fences, and parry walls, draughts, private or public sewers and drains, depuisite for, or in, or belonging to the said demised ni may be towel to and for Her said Majesty, Her Hairs, Successors, or Assigns, by Ise or their Surveyors, or other persons deputed to put for Her or them, ties or offeser in every year during the said son, at all reasonable times in the day, to enter and corse into aut mon the said parcel of ground hereby demired, and in any meges or tenements which may at any time be built thereon, to view, search, and see the condition of the surce, and of all derays, defects, and wants of reparation and anteminent, which open every such view or views shall be found, to give or leave hotter or excenters, administrators, or assigns, to repair and arcend the same within three Calendar Months then text following, within which said time or spies of three Calendar Months after every such antice or warning skull the sand Adolphins Edward Shelley

to himself, his

executors, alainistrators, and assigus, doth hereby covenant, prouise, and agres with or sided Majesty, Her Heirs, Successors, nad Assigns, to repair

wandag la writing, at or upon the sad demisel prenies, wato or for the said Adolphus Baward Shelley, his

be so given or leth us aforesaid,

and amend all such decays, dofcets, and wants of reparation tint amendment accordingly; AND FURTHER, that the said udolphus Edward Shelley, his

executors, administrators, and assigns, or any other person or persons, shall not nor will dating the continuance of this demise, uso, exemme, or follow, in or upon the said promises, or any part thereof the trade or business of a Brazier, Sighterman, Soap-maker, Sugar-lakes, Feltranger, Melter of tallow, Gilom, Batches, Distiller, Vitaller, or Tavern-keeper, Blacks, Nightmo, Scavenger, any or either of them, or any other noisy, noisome, or offensive trade or business whatever, without the previous licence of Her said Majesty, Her Heirs, Successors, or Assigns, siguities by the Governor of the suid Colony of Longkong, or other poison duly authorized in that behalf; AND ALSO dit "the said Adolphus Edward Shelley his

rxcentors, administrators, o ascives, shall ret, par will fet, underlet, mortgage, or otherwise usaign over, or otherwise part with, all or any part of the said hereby demised premises, for all or any part of the sail term of Seventy-five rears, without at the same time registering such alienation in the fand Oftion, or in such other Office vs may herentier be instituted for the purposes of Iegistration in the said Colony of Hongbong, and paying all reasonabic foos and other expenses thereo. PROVIDED ALWAYS, and those presents are apon this express condition, that if the said yously rout of Jus pounds and sieleeu shillings Ching lawfully demorial apon, or at any time after the said twenty-one days, and not paid when derounded) or in case of breach or non-performance of any or either of the other covenants, clauses, conditions, agreements, or provisions herein consulted, and by and on the part and calf of was mail ---

payable in current dollare se afinusait, heroinbefore reserved, or any part thereof, shall be in arrear and unpaid by the space of twenty-one daye next over or after any or either of the said days whereon the same ought to be paid as aforesaid Adolphus Edward Shelley, hid

executors, administrators, ami assigns, to be kept, dous, and performed, then, and in either of the said cases, from thenceforth, and at all times thoreafter, it shall and way be lawful to and for Her said Majesty, Her Heirs, Saccessors, or Assigns, by the Governor of Hongkong, or other person duly