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(v.) To make maintain and use such railways tramways and roads (but without inter- rupting or interfering with any existing established road or mode of communication) and to erect and build use occupy maintain amend and repair such agents and workmen's houses offices storehouses buildings engines and machinery and other works as may be required for working the said mines and minerals subject in all respects to the approval of the Director of Public Works.
(vi.) To erect and build upon parts of the surface of the area included in this demise to be approved by the Governor of Hongkong such blast furnaces and other furnaces and works as shall be required for smelting manufacturing and dealing with the said mines and minerals.
(v.) To place and stack the demised minerals or any part of them and the minerals worked by outstroke as aforesaid and the earth rubbish and spoil raised out of the demised mines and the scoria cinders and other refuse from the said blast and other furnaces on such part or parts of the surface of the area included in this demise 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 watercourses or over any cultivated land.
(viii) To use any existing roads upon the surface of the area included in this demise for the purpose of carrying away with horses, carts, waggons and carriages all or any of the demised minerals or of the minerals worked by outstroke as aforesaid.
(x.) Generally to do all things which shall be convenient or necessary for winning, working and getting the demised minerals and also for smelting manufacturing and making merchantable and carrying away and disposing of the demised minerals and the mine- rals worked by outstroke as aforesaid and for obtaining the benefit of the rights liberties and privileges hereby granted and that by means of operations either now known or hereafter to be discovered.
4. There are excepted and reserved unto His said Majesty out of this demise:-
(1)
(4.)
Full right and power to work and take away all minerals not included in this demise mineral oils and quarriers of stone in under or upon the surface of the area included in this demise and all such Earth Soil, Marl Clay, Chalk Brick-earth, Gravel-sand Stone and Stones and other Earths or Materials which now are or hereafter during the continuance of this demise shall be under or upon the surface of the area included in this demise or any part or parts thereof.
Full liberty of ingress, egress and regress to and for His said Majesty His Heirs Successors and Assigns and His and their lessees, agents, Servants and Workmen at all times during the continuance of this demise with or without horses, carts carriages and all other necessary things into and upon from and out of all or any part or parts of the said mines and the surface of the area included in this demise to view dig for and carry away the minerals not included in this demise and the said Stone Earths and other things as hereinbefore appearing.
(ii) Liberty for the purposes last aforesaid to make use of and deepen all or any of the pits and shafts which shall from time to time be made or sunk on the surface of the area included in this demise and to the use of the surface or subterranean roads or ways from time to time made laid out or used by the Lessee by virtue of these presents AND also to use and employ any of the engines machinery waggons implements and other works and conveniences from time to time erected made or placed by the Lessee in or upon the surface of the area included in this demise BUT so nevertheless that the person or persons exercising the liberties in this clause reserved shall make a fair com- pensation therefor to the Lessee (the amount thereof in case of difference to be settled in manner hereinafter mentioned) and shall do as little injury and cause as little
obstruction or inconvenience as possible to the property or works of the Lessee AND so also that the under-ground communications and works of His said Majesty, His Heirs Successors and Assigns and His and their Lessees shall as far as practicable be separate and distinct from the workings of the Lessee.
(iv) Free liberty for His said Majesty His Heirs Successors and Assigns and His or their agents and tenants and the occupiers for the time being of the surface of the area included in this demise their Workmen and Servants with horses, cattle, waggons and other vehicles to pass and go along and across the roads and ways of all kinds which inay be constructed on the said surface under the powers hereby granted at such times as they may respectively desire for any purposes whatever whether connected with the enjoyment of the said surface of any part thereof or not he or they paying reasonable compensation to the Lessee for the use thereof (the amount in case of difference to be settled as hereinafter provided) and doing as little injury and causing as little obstruction as possible to the property or works of the Lesssee.
5. The said Mines and Minerals shall be held by the Lessee from the
one thousand nine hundred and
day of
for and during
the term of seventy-five years from thence next ensuing and fully to be completed and ended. 6. The Lessee during the said term shall pay the following rents and royalties:-
(1.)
of
The fixed yearly rent or sum of two dollars for each acre or part of an acre in advance on the
day of
and thenceforth in advance at the commencement of every current year of the said term, (.) A royalty on all the produce of the said mines at such rate per ton for each species of
metal or other mineral procured from the said mines as may be fixed for each year the said term by the Governor-in-Council provided that 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 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 area included in the demise or taken to some smelting or reducing works within that area.
(iii) 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 the 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 depositing 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 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.
7. For the purpose of calculating the royalty payable hereunder the Lessee shall keep accurate books shewing 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 the books of account of the Lessee shall be open at all titues to the inspection of the Land Officer or of such other person or persons as the Governor may appoint and no materials or other minerals shall be removed from the leased area or taken to sunelting 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 an account shewing 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
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