CO129-179 - Governor Hennessy - 1877 [9-12] — Page 179

things into, upon, from and out of all or any part or parts of the premises herein before devised, 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

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 or common sewers, drains or watercourses.

thereon the sum of

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 a uniform manner with the messuages and 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, within the expiration of such six calendar months as last aforesaid; AND ALSO that the said

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

Assigns, from the

Executors, Administrators 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

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 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 messuage or tenement, messuages or tenements, erections and buildings, and all the Walls, Rails, Lights, Pavements, Privies, 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 amendments 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 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 the said

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, 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 first half-yearly payment of the said yearly rent or Sum of

to be made on the

AND THE SAID

day of

18

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 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 Her 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 Heirs, Successors or Assigns, by Her or their Surveyor, or other person deputed to act for Her or them, 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 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 notice or warning in writing, at or upon the said demised premises, unto or for the said

for

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

the said

3

Executors, 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

or Assigns shall and will yearly, and every year, during the said term of nine hundred and ninety-nine years hereby granted, well

Heirs, Executors, Administrators and truly pay or cause to be paid to Her said Majesty, Her Heirs, Successors and Assigns, the said yearly Sum of

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

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

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, Melter of tallow, Oilman, Butcher, Distiller, Victualler or Tavern keeper, Blacksmith, Nightman, Scavenger or any or either of them, or any other noisy, unwholesome or offensive trade or business whatever, without the previous licence of Her said Majesty, Her 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

177

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 erect, build and completely finish fit for use, 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, drains and all other usual or accessory appurtenances, and shall and will before the expiration of the said first year lay out and expend thereon the Sum of

messuage or tenement, messuages or tenements shall be of the same rate of building, elevation, character and description, and

and upwards, which said

shall front and range in a 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 in case the said messuage or tenement shall not have so as aforesaid been built and completely finished with such additions and appurtenances as aforesaid before the expiration of the said first year of the term hereby granted, according to the covenant next hereinbefore contained

then that

the said

Executors, Administrators or Assigns shall and will, before the expiration of six calendar months next after the said Surveyor of Her said Majesty, Her Heirs, Successors or Assigns, or such other person as the Governor shall in that behalf appoint, shall have required him so to do, at his and their own proper costs and charges, in a good, substantial and workman-like manner erect, build and completely finish fit for use, 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, drains and all other usual or necessary appurtenances, and shall and will, before the expiration of such six calendar months as aforesaid, lay out and expend

or Assigns, shall not nor will assign any part less than the whole of the premises hereby demised, and shall not nor will assign the whole nor underlet the whole or any part of the said premises, 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 in case the said yearly rent of

in Current Dollars as aforesaid hereinbefore reserved or any part thereof shall be in arrear and unpaid by the space of twenty-one days past 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

the said

Executors, Administrators or Assigns shall not, 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 erect, build and completely finish fit for use, such one or more good, substantial and safe brick or stone messuage or tenement, messuages or tenements, as hereinbefore in that behalf mentioned, upon some part of the ground hereby demised, with proper fences, walls, sewers, drains and all other usual or

the said necessary appurtenances, or in case