*The metals an minerals
included must be specified.
6
THIRD SCHEDULE,
FORM OF MINING LEASE.
THIS INDENTURE made the
One Thousand Nine Hundred and
day of
BETWEEN OUR SOVEREIGN LORD EDWARD THE SEVENTH by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India, of the one part and
who and whose heirs executors administrators and assigns are hereinafter included under the designation “the Lessee" of the other part WHEREAS
is now the duly constituted and appointed Governor and Com- mander-in-Chief of the Colony of Hongkong and its Dependencies and is duly authorised to enter into these presents in the name of and on behalf of His said Majesty NOW THIS INDENTURE WITNESSETH that in consideration of the yearly rents royalty and covenants and stipulations hereinafter reserved and contained by and on the part and behalf of the said Lessee to be paid done and performed is said Majesty KiNG EDWARD doth hereby grant and demise unto the (hereinafter referred to as "the said mines and
Lessee ALL the *
minerals") in, under and upon the piece of land situnte at Survey District Number
Colony having an area of
in
in the New Territories of this
or thereabouts and delineated on the Plan bereto annexed and therein coloured pink TOGETHER with full and free liberty for the Lessee his agents and workmen in and upon the said land to dig, sink, drive, make and use all such pits, shalts, levels, water-courses and other works which it may be necessary to use in finding, seeking for, winning, working, and obtaining the said mines and minerals, and also to appropriate and use such part of the said land either underground or on the surface as may be proper and requisite as well as for depositing and laying down the said mines and minerals, and placing and keeping the waste, refuse and rubbish which may be worked along with them from time to time, as for washing and obtaining the said mines and minerals and for effectually separating them from all the soil and other substances mixed with them and for smelting or reducing the Ore into Metal, and also for supplying the said mines and works with water and for freeing the same from water, and for the purposes aforesaid to erect, make and employ all such fire, steam, water, or other engines, buildings, smelting works, furnaces, workmen's houses, shafts, crushing mills, sheds or hits, machinery and works as may be proper and reason- able, and all other necessary or convenient powers or authorities, privileges and advantages for all or any of the purposes aforesaid PROVIDED that the Lessee shall only be at liberty to use such parts of the surface of the said land as consist of Crown waste land not otherwise demised TO HOLD the said mines and min- erals and all and singular the premises with the appurtenances unto the Lessee from the
day of
One Thousand Nine Hundred
aud
for and during the term of Seventy-five years from thence next ensuing and fully to be completed and ended YIELDING and paying therefor yearly nuto His said Majesty his heirs and successors in advance on the day of
and thenceforth in advance at the commencement of every current year during the said term a yearly rent or sum of Two Dollars for each acre or part of an acre and YIELDING "and" paying a Royalty on all the produce of the said muines at such rate per ton of each species of metal or other mineral procured from the said mines as may be fixed for each year of the said terin by the Governor-in-Council PROVIDED that the rate of such royalty shall not exceed five per cent. of the estimated market value of the metal or mineral (in respect of which it is charged) at the Mines when ready for exportation or for
7
smelting or reducing AND provided that the said royalty shall only be payable in respect of the actual quantity of metal or mineral which is during the course of the year for which the royalty is fixed either removed from the arca included in this lease or taken to some smelting or reducing works within that arca PROVIDED Also that in case of any dispute arising as to the amount of royalty payable such ispute shall be referred to the Governor of Hongkong whose decision shall be final AND YIELDING and paying a further yearly rent at the rate of Fifty Dollars per acre for such parts of the surface of the area included in this demise, consisting of Crown waste land, as may from time to time be occupied by the Lessee for the purpose either of working mines or for the erection of any buildings or works which the Lessee is permitted to erect under these presents, or for the purpose of deposit- ing or storing minerals, metals, ore and other substances (excepting any spoil or debris), the Area so occupied to be ascertained by the Land Officer or by any other person appointed for the purpose by the Governor of Hongkong and the amount of rent payable to be fixed by him or them at intervals of six months AND IT IS HEREBY DECLARED that for the purpose of calculating the royalty payable hereunder the Lessee shall keep accurate books showing the quantities of metals and other minerals procured from the mines and the quantities removed from the leased area and the quantities taken to smelting or reducing works within that area and that the books of account of the Lessee shall be open at all times to the inspection of the Land Officer and of such other person or persons as the Governor may appoint; and that no metals or other minerals shall be removed from the leased area or taken to smelting or reducing works within that area unless at least three days' previous notice of the intention to move the same has been given to the Land Officer or to such other person as aforesaid; and that an account showing the quantities of each metal and other mineral in respect of which royalty is payable shall be returned by the Lessee to the Colonial Treasurer within fourteen days after the expiration of each year of the term of this lease and the said Treasurer shall thereupon certify the amount due as royalty in respect thereof and the amount certified to be due shall be paid by the Lessee into the Treasury within fourteen days from the date of the Treasurer's certificate thereof AND THE LESSEE HEREBY COVENANTS with His said Majesty his heirs successors and assigns by these presents in manner following, that is to say, that he the Lessee shall and will yearly and every year during the said term hereby granted well and truly pay or cause to be paid to His said Majesty his heirs successors and assigns the said yearly rents and royalty herein reserved on the several days and times and in the manner hereinbefore reserved and made payable AND also that the Lessee shall and will during all the said term hereby granted bear, pay and discharge all taxes, rates, charges and assessments whatsoever which now are or shall be hereafter assessed or charged in respect of the said premises hereby expressed to be demised or any part thereof AND also that the Lessee shall and will use the premises for the purpose of mining only and for no other purpose whatsoever and will at all times work the mines in a skilful and workmanlike manner according to the most approved practice for the time being adopted in similar mines in the District without unnecessary waste and with as little damage as possible to the mines and minerals included in this demise or to other wines and minerals in the vicinity thereof or to the surface of the lands over the hereby demised mines and minerals AND that the Lessee will observe and perform the following conditions and regu- lations at all times during the continuance of this demise :--
1. No trees shall be felled by the Lessee without the permission of the Land Officer and whenever the Lessee shall desire to fell any trees he shall give notice to the Land Officer, who shall inspect the trees to be felled and if he thinks fit shall give permission for the felling of such trees as he shall mark; the Land Officer shall assess the value of all trees felled or injured by the Lessee or his employees or workmen and the Lessee shall pay forthwith to such person as the Land Officer may direct the amount of such assessment.
2. The Lessee shall not obstruct or foul any running or standing water or any water-course or water-gathering area within the area covered by the Lease, but he may otherwise make use of such water in such places, by such means, in such manner and in such quantity as may be permitted by the Government,
3. The Lessee shall dispose of all spoil and debris on such portions only of the area covered by the Lease as may from time to time be determined by the Director of Public Works, and in such manner as to avoid its being washed into water-courses, or over any cultivated land.
71
No comments yet.
Private notes are available after approval.