ABSTRACT
Yielding and paying therefore during the said term unto the Crown Agents for the Colonies for the time being at their O ce in London for and on behalf of Her Majesty and her successors or to such other person or persons as Her Majesty’s Secretary of State for the Colonics for the time being / shall from time to time appoint in writing to receive the several royalties rents and sums of money following that is to say rst the xed or minimum annual rent of £1 for and in respect of the premises hereby demised to be paid half and rst payment thereof to be made on the 25th day of December 1889
And secondly the following tonnage royalties over and above and in addition to the said xed or minimum rent that is to say in the second third and fourth of the term hereby granted the sum of one penny sterling for each and every ton of 2240 lbs. avoirdupois of all coal whether large or small raised and sold by the Lessees or their assigns under the powers aforesaid and in the h and every succeeding year of the said term until the expiration or determination thereof for and in respect of all coal raised and sold as aforesaid royalty or sum of 3d. per ton on clean coal and 1d. per ton on all small coal screenings coal dust &c. sold as such or in the form of patent fuel
And also yielding and paying for each and every ton of 20 cwt. of ironstone iron ore reclay or restone which shall be smelted manufactured sold or disposed of in any shape for value by the Lessees or their assigns the sum of 4d. sterling
And also yielding and paying for petroleum or other mineral oil except oil extracted from coal on which royalty shall have been said Gotten and sold by the Lessees or their assigns during the rst seven years of the term hereby granted the following royalties – 3d. for every hundred imperial gallons up to one million gallons 6d. for every hundred imperial gallons over one million gallons up to ve million gallons 9d. for every hundred imperial gallons over ve million up to ten million gallons 1s. for every hundred imperial gallons over such lastnamed quantity and for every hundred imperial gallons gotten and sold during the remainder of the term hereby granted such royalty not exceeding 2s. 6d. as may be agreed upon or as failing agreement shall on the application of either party hereto be settled by arbitration pursuant to the provisions of “ e Common Law Procedure Act 1854”or any statutory modi cation thereof […]
And that all the said royalties and sums of money hereinbefore reserved other than the said xed rent shall be deemed to have accrued due half-yearly on the 24th day of June and the 25th day of December in each year and shall be paid as follows that is to say the royalties and sums of which shall have accrued due on the 24th day of June in any year shall be paid on or before the 25th day of December next following and the royalties and sums of money which shall have / accrued due on the 25th day of December in any year shall be paid on or before the 24th day of June next following and that the rst of such last-mentioned half-yearly payments in respect of the half-year ending on the 25th day of December 1890 shall be made on or before the 24th day of June 1891 and that all such payments whether for rents royalties or sums of money shall he made without any deduction or abatement whatsoever
And it is hereby agreed and declared that such coal only shall be deemed slack or screenings for the purposes of these presents as will pass through a screen the bars of which shall be not more than 1½ inches apart in either direction
And the Lessees hereby for themselves and their assigns covenant with Her Majesty and her successors in manner following that is to say that the Lessees and their assigns shall during the term hereby granted within thirty days a er every 24th day of June and 25th day of December in every year a er the rst year of the said term settle and make up full true and accurate accounts of all the coal ironstone iron ore restone and petroleum and other oils which shall have been raised and gotten melted manufactured and re ned by the Lessees or their assigns out of and from the said mines pits and other premises hereby demised or authorized to be wrought as aforesaid and sold within and during the half-year ending on every such 24th day of June and 25th day of December as aforesaid […]
And also that the Lessees and their assigns shall half yearly and within three calendar months next a er every 24th day of June and 25th day of December during the said terra deliver unto the said Governor or Chief O cer of the Government for the time being within the said Island a true and faithful written account in duplicate of the weights and quantities of all such coal and other minerals and substances as the said Lessees or their assigns shall have raised and gotten out of the said mines and premises / and sold during the half-year next preceding such 24th day of June or 25th day of December respectively in every year […]
And Her Majesty for herself her heirs and successors hereby agrees with the Lessees that the said Governor or other Chief O cer of Government for the time being in the said Island shall from time to time examine the accounts aforesaid as and when they shall be rendered to him by or on behalf of the Lessees and a x to such accounts when so examined by him a certi cate under his hand setting forth whether the same accounts in his judgment are or are not true and correct […]
And the Lessees do hereby for themselves and their assigns further covenant with Her Majesty and her successors in manner following that is to say at they the Lessees or their assigns shall at the end or other sooner determination of the said term hereby granted leave and deliver up all and singular the said premises hereinbefore expressed to be hereby demised or which shall have been taken possession of under the powers aforesaid subject nevertheless to the provisions as to the removal of machinery and xtures hereina er contained
And also shall work and get the said mines and pits of coal and other the premises hereinbefore expressed to be hereby demised and authorized to wrought respectively or such part or parts thereof a shall be enter / upon and worked by the Lessees at any time or times during the said term in a proper and workmanlike manner and without any unnecessary waste and according to the best mode and course of working mines of the same or the like description as those already demised
And also shall if and when the same shall be practicable leave substantial walls and pillars of coal or rock to support the roofs of each coal and other mine and pit and also shall not do or knowingly su er to be done any negligent or wilful act matter or thing which shall or may hazard or endanger the drowning or setting on re of the mines and premises hereinbefore described and demised or authorized to be wrought as aforesaid or occasion any loss or damage thereto but shall keep the headways levels and dri s for the time being clear and free and the necessary passages for air and water for the time being clear and in good repair during the said term hereby granted or until in each or any ease the mine pit vein bed or scam in question shall be worked out or abandoned
And also shall from time to time during the said term hereby granted at their own costs and charges erect and supply and keep in good and substantial order and repair serviceable good and correct weighing-machines and a proper and
convenient house or houses for such machine or machines in and upon some convenient spot or spots in the said Island and will cause and procure all the coal and other minerals or substances other than oil that shall be raised or gotten from and out of the said mines and premises to be brought upon and weighed by and at such machine or machines before the same shall be taken or carried away or be consumed converted or disposed of
And shall also cause and procure the weights of all coal and other minerals and substances other than oil and the quantities of all oil raised and gotten out of the said mines and premises to be from time to time entered in a book or books to be provided for that purpose by the Lessees and also shall cause all such books as last aforesaid and also accurate plans and diallings of the workings of the said mines to be carefully kept at an o ce on some part of the said Island to which o ce and book or books of accounts and to all entries and accounts touching or relating to the said mines and premises and the produce thereof and to which plans and diallings the Governor or other the Chief O cer of the Government in the said Island for the time being on behalf of Her Majesty and her successors and his agents or baili s or any of them shall at all seasonable times have free access and be at liberty to inspect, cast up and examine the same books entries and accounts plans and diallings and to take extracts from or copies of the same respectively
And also that the said Governor or / other Chief O cer of the Government for the time being in the said Island and his agents baili s workmen or other persons employed by him for the purpose shall at all seasonable times during the said term hereby granted have free access to the weighing machines so to be erected and supplied as aforesaid and make use of prove and at the expense of the Lessees or their assigns repair the same as o en as occasion shall require and if he shall think t to direct the same to weigh measure and take account of all the coal and other minerals and substances that shall be raised or gotten from or out of the premises hereby demised
And also that the Lessees shall permit such Governor or Chief O cer for the time being as aforesaid on behalf of Her Majesty and her successors and his agents baili s inspectors and surveyors and other proper persons authored by him to go down into and return out of all and every or any of the sha s mines pits collieries or works to be sunk made opened or worked by or on behalf of the Lessees under the provisions of these presents and to enter into go through survey and inspect the said mines collieries and works and the state and condition thereof and of every part thereof and to latch inspect examine and measure the workings thereof and the quantity of the coal and other materials and substances above speci ed made sold consumed or converted worked or gotten therein or thereout and see that the same mines and every part thereof are worked and carried on in a fair proper and workman-like manner and for all or any of the purposes aforesaid from time to time and at all seasonable times and without
requiring any satisfaction or compensation therefor the Lessees or their assigns shall permit such Governor or other o cer and his agents baili s inspectors and surveyors and other proper persons authorized as aforesaid to make use of the engines gins machinery ropes tackle and all other articles and things used and employed at upon or in the said mines pits collieries and works and to have the help and assistance of any of the colliers and workmen employed in or about the said mines collieries and also that the Lessees and their assigns shall at their own cost and charges from time to time during the term hereby granted supply and provide and also keep in good order and repair an adequate supply of suitable lighters for the purpose of coaling any ships of Her Majesty’s Navy or under charter to any department of Her Majesty’s Government pursuant to the said covenant in that behalf hereina er contained
And that the said Lessees and their assigns shall and will during the continuance of the said term hereby granted supply for the use of Her Majesty any coal which she may by notice in writing signi ed under / the hand of such Governor or Chief O cer as aforesaid in the said Island and le at the place of business in the said Island of the Lessees or the place of abode of their Resident Manager or principal agent there require for the use of any vessels or ships of Her Majesty’s Navy or of any other ships under charter to any department of Her Majesty’s Government at the actual cost of cutting raising hauling and delivering the same including a fair proportion of the standing charges of the collieries for management drainage ventilation stores and other incidental expenses with the addition by way of pro t of 5 per cent. on such total cost and so that the price so to be charged shall in no case exceed the current market price or rate for the time being charged by the Lessees for similar clean coal delivered free on board and that such coal shall be by the Lessees or their assigns delivered immediately and in preference to all existing or other demands should the same be so required by such notice and such coal shall be delivered free of charge for delivery on board any and every such vessel or ship as aforesaid which may be lying alongside of any wharf or jetty erected or to be erected in the said Island but if the said vessel or ship shall not be lying alongside of any such wharf or jetty then free on board of proper lighters to be supplied as aforesaid by the Lessees or their assigns and which lighters shall be placed as conveniently as may be in every case with reference to the position of the vessel or ship required to be coaled and so that such lighters may most conveniently be navigated or towed o to the same vessel or ship by and at the expense of Her Majesty or her successors or of the captain or owner of the ship or vessel requiring such coal […]
