CO129-190 - Governor Hennessy - 1880 [10-12] — Page 64

Majesty Her Heirs, Successors and Assigns may require for the Roads, Public Buildings, or other Public Purposes of the said Colony of Hongkong; with full liberty of Ingress, Egress and Regress. to and for fler said Majesty, Her Heirs, Successors and Assigns, and Her and their agents, servants and workmen, at reasonable times in the year during the continuance of this demise, with or without horses, carts, carriages and all other necessary things into, upon, from and out of all or any part or parts of the premises hereinbefore demised, 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 suid Lessees, their Executors, Adininistrators 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 ;

TO HAVE AND TO HOLD the said piece or parcel of ground and premises hereby demised, : or intended so to be, with their and every of their appurtenances, unto the said Lessees, their Executors, Administrators and Assigns, from the First day of March, One thousand Eight hundred and Sixty six, 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 One Dollar in Current: Money of the said Colony of Hongkong, by half-yearly payments, on the Twenty-fourth day of Jung 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 One Dollar to be made on the Twenty-fourth day of June 1866;

AND in order that the Covenants hereinafter contained on the Lessees' part may attach to and run with the said Land and the Tenancy thereof, and be obligatory on the Lessees, their Executors, Administrators and Assigns, so long only as they shall be in the actual possession of the premises, but not further or otherwise, the said Lessees do jointly and severally for themselves, their 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 they the said Lessees, their Heirs, Executors, Administrators or Assigns shall and will yearly, and every year, during the said term of Nine hundred and Nine-nine Years hereby granted, well and truly pay or cause to be paid to Her said Majesty, Her Heirs, Successors and Assigns, the said yearly Sum of One Dollar clear of all taxes and deductions as aforesaid in the several days and times, and in the manner hereinbefore reserved and made payable;

AND ALSO that they the said Lessees, their Executors, Administrators and Assigns shall and will during all the said term hereby granted, hear, 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 they the said Lessees, their 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 Diore 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 the said first year lay out and expend thereon the Sum of Ten thousand Dollars and upwards, which said message 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 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 they the said Lessees, their 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, Sue- cessors 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 work man-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 thereon the sum of Ten thousand Dollars and upwards, which said messuage or tenement, messuages or teuements, shall be of the same rate of building, elevation, character and description, and shall front and rauge in an uniform manner with the messages 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 Lessees, their 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, l'ave, 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 unto the same, in, by and with all and all manner of needful and necessary reparations, appertain 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, erectious, 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 sail 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 Months, 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 with Her said Majesty, Her Heirs, Successors and Assigns, to repair and amend all such decays, defects and wants of reparation and amendment accordingly;

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AND FURTHER that 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 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, 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, Oilinan, Butcher, Distiller, Victualler or Tavern-keeper, Black-smith, Nightman, Seavenger 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, Successors or Assigns, 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 tune 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, messuages or tenements, as hereinbefore in that behalf mentioned, upon some part of the ground hereby demised, with proper fences, walls, sewers, drains

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