CO129-335 - Governor Nathan - 1906 [8-10] — Page 75

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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4. In the event of any injury or damage being caused by the operations of the Lessee to any crops, plantations, banks, buildings or other property whatsoever the Lessee shall pay to the injured party such sum as the Land Officer may award as compensation,

5. The Lessee shall adopt such precautions as my be prescribed by law, or as the Land Officer or other Officer appointed by the Governor may direct, in regard to the storage and use of explosives within the area covered by the Lease.

6. No building or structure shall be erected by the Lessee within the area covered by the Lease except such as may be required for the use of the employees of the Lessee or for storing materials or explosives or for the purposes of carrying on mining operations: such buildings or structures shall be subject in all respects to the approval of the Director of Public Works,

7. The Lessee shall at all times maintain order amongst his employees.

8. The Lessee shall securely timber and support any underground working and shall protect as may be necessary for safety any open working. He shall carry out any instructions lic may receive as to these matters from the Land Officer or other Öfficer appointed by the Governor,

9. All parts of every underground working shall be properly and sufficiently ventilated and the Lessee shall carry ont any instructions he may receive as to this from the Land Officer or other Officer appointed by the Governor.

10. The Lessee shall observe and perform all regulations now in force or hereafter brought into force with reference to the safety of his workings or of the : persons engagel in or near such workings.

pro-

AND THE LESSEE HEREBY FURTHER COVENANTS with His said Majesty his heirs successors and assigns that the Lessee shall keep His said Majesty his heirs successors and assigns and the Government of Hongkong at all times during the continuance of this demise iudemnified from and against all actions eeedings claims and demands in respect of any loss damage or liability in respect of or arising out of the working of the dewised wines AND that at the end or sooner determination of the tern hereby granted the Lessee shall and will peace- ably and quietly deliver up the demised premises to His said Majesty his heirs successors or assigns AND FURTHER that it shall and may be lawful to and for His said Majesty his heirs successors or assigns by his or their surveyor or other persons deputed to act for him at all times during the said term at reasonable times in the day to enter and come into and upon the said premises hereby expressed to be demised to view, search and see the condition of the same PROVIDED ALWAYS and it is hereby agreed and declared that in case the said yearly rents hercinbefore reserved or the said Royalty of Five per cent. here- inbefore reserved, or either of them or any part thereof, shall be in arrear or unpaid by the Lessee for a space of Twenty-one days next after any or either of the said dates whereon the same ought to be paid (whether lawfully demanded or not) and in case of the breach or non-performance of any or either of the covenants and conditions herein contained and by or on the part of the Lessee to be kept, done and performed or if in the opinion of the Governor of Hongkong (whose decision shall be final) the Lessee has not been carrying on any bond fide work under this demise for a period of Twelve months, then and in either of the said cases it shall be lawful to and for His said Majesty his Keirs successors or assigns by the Governor of Hongkong or other person duly authorised into and upon the said premises hereby expressed to be demised 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 his or their first or former estate as if these presents had not been made, and the Lessee and all other occupiers of the said premises thereout and thence atterly to expel, this Indenture or anything contained herein notwith. *Commence. Standing PROVIDED ALSO that after the expiration of three years from the *

day of

One Thousand Nine Hundred and

ment of

J-ease.

His said Majesty, his heirs successors and assigns shall have power to resume, enter into and re-take possession of all or any part of the demised area the surface of which is not occupied by the Lessee for the purposes of mining operations and to sell, lease or otherwise dispose of the same without paying any compensation to the Lessec PROVIDED that no such sale, lease or other dealing shall operate

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to dispose of any of the said mines or minerals hereby expressed to be demised PROVIDED ALSO that His said Majesty, his heirs successors or assigns shall power to resume, enter in and re-take possession of all or any part of the premises hereby expressed to be demised, if required for the improvement of the said Colony of Hongkong or for any other purpose whatsoever Three Calendar months' notice being given to the Lessee or posted on the demised premises of its being so required and a full and fair compensation for the area resumed being paid to the Lessee at a valuation to be fairly and impartially made by a surveyor of His said Majesty his heirs successors or assigns, and upon the exercise of such power the term and estate hereby created shall respectively cease, determine and be void.

IN WITNESS whereof the said

duly authorised by His said Majesty as aforesaid has executed these presents and has hereunto set the l'ublic Seal of the Colony of Hongkong aforesaid in the name of and on behalf of His said Majesty.

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