4970-1906-Regulations-re-prospecting-and-mining-in-the-New-Territories — Page 6

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THE HONGKONG GOVERNMENT GAZETTE, AUGUST 10, 1906.

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 His 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 situate at Survey District Number

Colony having an area of

1401

The metals in included

must be specified.

and minerals

in the New Territories of this

or thereabouts and delineated on

the Plan hereto 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, shafts, 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 huts, 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

and

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 unto 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 mines 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 term 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