CO129-514-6 Question of legality of sale of water to Tai Koo Sugar Refining Co. Ltd.- from... 6-12-1928 - 23-12-1929 — Page 65

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5. (continued: 63

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THIS INDENTURE made the Fifth day of August One thousand sight hud-

-dred and ninety six BETWEEN OUR SOVEREIGN LADY

VICTORIA by the Grace of God of the United Kingdom of Great Britain

and Ireland queen Defender of the Faith, Empress of India of the

one part and the within named THE TAIKOO SUGAR REFINING COMPANY

LIMITED hereinafter called the Company of the other part WHEREAS

upon the purchase by the Company of all that piece or parcel of ground within described and regis te red in the Land Office as INLAND

LOT NO. 1336 it was one of the terms of s le that the Company should

be at liberty upon complying with the provisions of paragraph 9 of

the conditions upon which the said INLAND LOT NO. 1336 was put up

for sale to construct a reservoir upon the said Lot and to impound

thereon the natural flow of water from the hill sides upon or across

the said Lot and to make use of and to divert the same AND THEREAS

the Company has constructed a Reservoir upon the said Lot and has

by an agreement dated the Eleventh day of December One thousand

eight hundred and ninety five made between the Company of the one

part and the Honourable Catchick Paul Chater the Owner of Inland

Lot No. 897 of the other part and registered in the Land Ofice by

Memorial No.22175 in compliance with the provisions of the gaid

paragraph 9. of the said Conditions of sale agreed to supply to the

said Catchick Paul Chater his executors administrators and assigns

during the tem granted by the within Lease from the said Reservoir

a daily supply of fifty thousand gallons of water AND WHEREAS there

is no specific mention in the within Crown Lease of any right to

impound make use of or divert the said water AND WHEREAS the

Company hath applied to Her said Majesty for a grant to the Company

their successors and assigns of the right to impound the said

water and to make use of and to divert the same for and during the

residue of the said term which Her said Majesty hath agreed to make

Subject to the performance of the said Agreement of the Eleventh

day of December One thousand eight hundred and ninety five and upon

the terms and conditions hereinafter contained NOW THIS INDENTURE

WITNESSETH that in pursuance of the said Agreement and in considera-

tion of the premises And in consideration of the payment of the