CO129-190 - Governor Hennessy - 1880 [10-12] — Page 174

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726 THE HONGKONG GOVERNMENT GAZETTE, 11TH SEPTEMBER, 1880.

AND ALSO that the said Lessees, their Executors, Administrators and Assigns, shall and will, from time to time, and at all times, from and after the said messunge 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, messunges 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, tnessuages or tenements, erections, buildings and premises, so being well and sufficiently repaired, sustained and amended, at the end, or sooner deter- mination 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 Lessees, their 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, Suc- cessors or Assigns, by Her or their Surveyor, or other persons 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 Lessees, their 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 Monthis, after every such notice or warning shall be so given, or left as aforesaid, the said Lessees for themselves, their Executors, Administrators and Assigns in manner aforesaid, do 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;

other

person or persons

AND FURTHER that the said Lessees, their Exccutors, Administrators and Assigns or any shall not nor will during the continuance of this demise, use the said demised premises otherwise than as and for a City Hall, and that they the said Lessees, their Executors. Administrators and Assigns or any other person or persons, shall not nor will, during the continuance of this demise, use, excrcise or follow, in or upon the said premises or any part thereof, the trade or business of a Brazier, Slaughterinan, Soap-maker, Sugar-baker, Fellmonger, Melter of Tallow, Oilman, Butcher, Distiller, Victualler or Tavern-keeper, Black-smith, Nightman, Scavenger or any or either of them, or any other noisy, noisome or offensive trade or business whatever, without the previous license Majesty. Her Heirs, Successors or Assigus, signified by the Governor of the said Colony of Hongkong, or other person duly authorized in that behalf;

AND ALSO that they the said Lessees, their 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 Nine hundred and Ninety-nine Years.

PROVIDED ALWAYS, and these presents are upon this express condition, that in case the said yearly rent of One Dollar in current Money as aforesaid hereinbefore 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 Twenty-one days, and not paid when demanded) or in case the said Lessees, their 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, messages or tenements, as hereinbefore in that behalf mentioned, upon some part of the ground hereby demised, with proper fences, walls, sewers, drains

THE HONGKONG GOVERNMENT GAZETTE, 11th SEPTEMBER, 1880.

727

and all other usual or necessary appurtenances, or in case they the said Lessees, their Executors, Administrators or Assigns shall not have, within such first year as aforesaid, laid out and expended thereon the sum of Ten thousand Dollars, or in case the whole of such erections and buildings shall not be done and made to the satisfaction of the Surveyor of Her said Majesty, Her Heirs. Successors or Assigns or of such other person as the Governor shall in that behalf appoint, or in case the said messuage or tenement shall not have so as aforesaid been built and completely finished with such additions and appurtenances us aforesaid, before the expiration of the said first year of the term hereby granted, according to the covenant hereinbefore contained, and in case they the said Lessees, their Exeentors, Administrators or Assigns shall not, before the expiration of Six Calendar Months next after the said Surveyor of Her Majesty, Her Heirs, Successors or Assigns or such other person as the Governor shall in that behalf appoint, shall have requested him so to do, at his and their own proper costs and charges in a good, substantial and workman-like manner have erected, built and completely finished fit for use, one or more such good, substantial and safe brick or stone messuage or tencinent, 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 asual necessary appurtenances, or in case they the said Lessees, their Executors, Administrators or Assigns, shall not have, within such Six Calendar Months as aforesaid, laid out and expended thereon the sum of Ten thousand Dollars, or in case the whole of such last mentioned erections and buildings shall not be done and made to the satisfaction of the Surveyor of Her said Majesty, Her Heirs, Successors or Assigns, or of such other person as the Governor shall in that behalf appoint within such Six Calendar Months as last aforesaid, 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 or on the part and behalf of the said Lessees, their Executors, Administrators or Assigns to be kept, done and performed, then, and in either of the said cases, from thenceforth, aul 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 Lessees, their Executors, Administrators and Assigns, and all other occupiers of the said premises, thercout and thence utterly to expel, put out and amove, this Indenture or anything contained herein to the con- trary notwithstanding.

AND WHEREAS the demise hereinbefore contained has been made by Her said Majesty, in order that a fit and proper site may be bad solely for the purposes of the said City Hall, and although the value of the said site is considerable, the said demise has been made (of Her said Majesty's favour) without pecuniary consideration, but upon the condition next hereinafter expressed. that is to say:

PROVIDED LASTLY that the said demised premises shall not nor shall any part thereof be used for any other purpose than for a City Hall, and that in case the said demised premises or any part thereof, shall hereafter be used for any purpose other than for a City Hall, then in every or any such case the term, estate and interest hereby demised in the said premises shall thereupon absolutely cease and determine, and it shall and may be lawful for Her said Majesty, Her Heirs, Successors and Assigns, by the Governor of Hongkong for the tine being or other person duly authorized in that behalf, into and upon the said 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, and as if these presents had not been made, and the said Lessees, their Executors. Administrators and Assigns, and all other occupiers of the said premises, thereout and thence utterly to expel, put out and amove, this Indenture or anything contained herein to the contrary notwith- standing.

IN WITNESS whereof the said Lessees have hereunto set their hands and seals, the day aud year first above written,

Examined and Certified to be correct.

W. WILSON, Surveyor General.

Registered.

FRANCISCO DAS CHAGAS.

J. MCDOUALL,

Signed, sealed and delivered at Victoria,

Hongkong, in the

of presence FRANCISCO DAS CHAGAS.

ALEX. TURING.

1. RYRIE.

16 rms, 18

Dec.