John Britty North leases all his mines, beds, seams, measures and strata to the Company along with the right to erect and demolish plant and cut and sell any timber on the land. Dated 2/11/1881 numbered 128748.
This lease is handwritten in copperplate, and was dictated and converted into text in Word.
I, John Britty North of Katoomba in the colony of NSW Esquire hearinafter designated Lessor —– being registered as the proprietor of an estate in fee simple in the land hereinafter described subject however to such cucumbrances liens and interests as are notified by memoranda underwritten or endorsed hereon: Do hereby lease unto the Katoomba Coal and Shale Company Limited all those mines beds veins seams measures and strata of coal shale clay and all other minerals ores and substances whatsoever lying and being within or under all those lands situated in the Parish of Megalong County of Cook and colony of New South Wales being the whole of the lands comprised in the following crown grants viz:-
[A list of Areas, Portions, Crown Grant Vol/Folio, Date of Grant.]
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Excepting and always reserving all of the said several pieces of lands before mentioned the following parts thereof being parts of the lands comprised in the following crown grants and being the following lots shown on the undermentioned plans deposited in the lands titles office Sydney viz:-
Here is a list of Volumes and folios of land parcels.
Excepting also and always reserving out of the said several grants of land before mentioned all mines and minerals lying at a depth of less than 400 feet from the surface of the following parts thereof being parts of the lands comprised in the following crown grants and being the following lots shown on the undermentioned plans deposited in the lands title office Sidney viz:-
Page 3 map
Page 4 map
Page 5 map [ All maps notated by Elphinstone and North]
Page 6 request for write off [ Letters written by solicitors after the expiration of the lease asking for same to be written off the Certificates of Title]
Page 7 request for write off
Page 8 request for write off
Page 9 Treat as one plan
Page 10 description of land – A hand written description of the land.
Page 11 Description of land – A table of the Lat and long of each of the bearings above to check the closure of the boundary.
Page 12 pt description of land consisting of a table of Crown Grant, Date of Grant, Member of Plan, Section and Lots.
And I the said lessor do hereby lease unto the said Katoomba Coal and Shale Co limited those five parcels of land situated in the parish of Megalong end county of cooked in the said colony the parts of the land comprised in the undermentioned crown grants and described as follows
first all that parcel of land situated in the said parish and county containing by measurements 5 acres more or less being parts of the land comprised in the following crown grants viz:-
A table of Crown Grants being Vol Folio, Date of Grant, Portion.
as delineated on the lease hereunder accessed and described as follows commencing at the intersection of a part of the southeast boundary of the Bathurst road with the southwest boundary of Gunnedah Street and bounded thence on the southeast by the southwest boundary of Gunnedah St and part of portion No. 63 aforesaid being a line bearing S 40 degrees 32
minutes east six chains 95 links thence on a part of the southeast on by line bearing S 63 degrees 19 minutes West to change five links thanks on the reminder of the southeast by a line bearing S 48 degrees 30 minutes West three chains 51 links thence on the southwest by a line bearing N 57 degrees one minute West 45 links fence on a part of the northwest by a line bearing N 43 degrees 6 minutes east three chains 85 links thence again on the northwest by a line bearing N 25 degrees 21 minutes east one chain 43 links thence again
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On the northwest by a line bearing north 16 degrees 53 minutes east one chain 22 links thence on a part of the West by a line bearing N 6 degrees 35 minutes West to change 80 links thence on the remainder of the West by a line bearing N 10 degrees 40 minutes east one chain 37 links in the Bathurst Rd thence on the remainder of the northwest via part of the southeast boundary of the Bathurst Rd aforesaid being a line bearing N 58 degrees one minute east four chains 67 links to the point of commencement.
Second all that parcel of land situated in the said parish and county and containing by a measurement 10 acres more or less being part of the lands comprised in the following crown grants viz:-
A table of Crown Grant Vol – Folio, Date of Grant, Portion.
As delineated on the plan hereunto and next and described as follows commencing at the south eastern corner of the lastly described 5 acres of land and bounded thence on the northeast by a line bearing south 43 degrees 74 minutes E 9 chains thence by a line bearing N 89 degrees 10 minutes West eight chains 24 links again on the east by lines bearing S 19 degrees 49 minutes E 7 chains eight links S 28 degrees 16 minutes east one chain 92 links and South one minute West one chain 19 1/2 links 2A St 66 feet wide and bounded on part of the South by the said St and in continuation by a line bearing N 89 degrees 59 minutes West six chains 56 links and bound events on the west by a line running parallel to and distance 50 links from a tramway being a line bearing N 8 degrees 18 minutes W 12 chains 30 links to the southern boundary of the five acres aforesaid and bounded there on the northwest by part of the said southern boundary being a line bearing N 61 degrees 50 minutes West eight chains and three links to the point of commencement.
Reserving throughout the road one chain wide the area of which has been deducted from the total area.
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Third all that parcel of land situated in the said parish and county and containing by measurement 15 acres one rood 32 perches more or less and being parts of the land comprised in the following crown grants namely:-
A table of two lines Crown Grants, Date of Grant, Portion.
As delineated on the plan hereunto annexed and described as follows commencing at the northwest corner of portion 99 aforesaid and bounded thence on a part of the north by the South boundary of a road being a line bearing E one chain thence on a part of the east by a line bearing S 8 degrees 16 minutes east four chains 95 links thence on the South by a line bearing West 6 chains 86 links thence on the southwest by a line bearing north 27 degrees 5 minutes West 14 chains 50 links thence on the northwest by a line bearing N 35 degrees 2 minutes E 9 chains ten links to the Kamillaroi Rd thence on the North East by a part of the southwest boundary of the Kamillaroi road being a line
bearing S 61 degrees 51 minutes east one chain 44 links to the church allotment thence again on the east by the West boundary of the church allotment aforesaid being a line bearing S 8 degrees 16 minutes east one chain thence again on the north by the South boundary of the church allotment aforesaid being a line bearing S 89 degrees 29 minutes east one chain 51 1/2 links to the Kamillaroi Rd thence again on the east by a part of the West boundary of Kamillaroi road being a line bearing S 8 degrees 16 minutes east one chain thence again north by a part of this South boundary of the Kamillaroi road being a line bearing S 89 degrees 29 minutes east one chain 30 links to the West boundary of the tramway portion thence on the remainder of the east by part of the West boundary of the tramway portion being a line bearing S 8 degrees 16 minutes east 13 chains one link thence on the remainder of the north by this South boundary of the tramway portion being a line bearing east one chain to the point of commencement.
Fourth all that parcel of land situated in the said County and parish containing by admeasurement 9 acres one rood 24 perches more or less being parts of the land comprised in the following Crown grants namely:-
A table of 5 lines Crown Grant, Vol-Fol, Date of Grant Portion.
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As delineated on the plans hereunto annexed and described as follows
Commencing at a point in the southeast boundary of the before described 5 acres of land distant 50 links westerly from the centre of the cable tramway and bounded thence on a part of the West by a line extending in a southerly direction parallel with the cable tramway about 85 and a half chains to the northeast corner of the before described 15 acres one rood 32 perches leased to the said company thence on the remainder of the West by a part of the east boundary of the portion of 15 acres one rood and 36 perches aforesaid being a line bearing S 8 degrees 16 minutes E 13 chains one link to a corner of the portion of 15 acres one rood 30 to perches aforesaid thence on the South by part of the north boundary of the portion of 15 acres one rood 32 perches aforesaid being a line bearing E 100 links to the southwest corner of a road thence on a part of the east by a part of the West boundary of the road aforesaid being a line bearing N 48 links thence on the reminder of the east by a line extending northerly parallel with the cable tramway about 98 chains to lease of five acres aforesaid thence on the northwest by a part of the southeast boundary of the portion of five acres of aforesaid being a line bearing S 63 degrees 19 minutes W 100 links to the point of commencement.
Reserving to the Lessor the right to construct a dozen subways and over ways at such points along the line of tramway as he may deem advisable for the proper and efficient working of the adjacent lands on each side of the tramway.
Fifth all that parcel of land situated in the said county and Parish containing by a measurement 20 acres one rood 80 five and a half perches being part of the land comprised in the crown grant registered volume 587 folio 143 dated 8th June 1882 as delineated on the plan hereunto annexed and described as follows:- Being a part of Portion 99 commencing at the southernmost corner of reserve number 68 and
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Bounded thence on a part of the north by a line bearing east to the east boundary of portion 99 aforesaid thence on the east by part of the east boundary of portion number 99 aforesaid being a line bearing South 15 chains three links thence on the south dale align bearing W 13 chains 55 links to the West boundary of portion number 99 aforesaid thence on the West by part of the West
boundary of portion number 99 aforesaid being a line bearing N 15 chains three links thence again on the north by a line bearing east to the point of commencement the whole length of the north boundary being 13 chains fifty five links.
And the said lessor doth also lease unto the said company all trees and other timber growing or to grow in or upon the lands situated below the edge of the cliffs overlooking the Katoomba valley with the right to enter and cut and carry away the said trees and timber together also with full liberty license or authority and power to the said company their successors and assignees agents Workman and servants at all times during the continuance of the said lease hereinafter mentioned to enter upon use occupy and enjoy the lands shown on the set plan hereunto annexed and therein coloured pink and green and there to dig bore sink drive search for raise get and work the said mines veins beds and seams of coal shale fireclay and other minerals and ores said for those purposes on the said lands in the said place coloured pink and green to seek such pits and shafts and make such drives and adits waterways and airways and to erect construct and work such engines tramways machinery dressing floors buildings and workshops store houses offices furnaces appliances erections and things and make use of all such other Ways and Means as shall be found necessary or convenient for raising getting carrying away and working for said mines veins beds and seams of coal shale and other minerals and timber and poor draining raising and discharging of water from the said mines
And to place stack up and lay such coal shale and other minerals and timber and the earth rubbish and spoil to be raised out of the said pits or shafts and mines upon the several lands and premises aforesaid or any part or parts thereof
and from time to time to take down and remove all the engines machinery tramways plant houses sheds buildings and other fixtures erected and set up for the purposes aforesaid and dispose of the materials thereof as to the said company their successors or assigns shall seem meet
and to have take carry away and convert to their own use and benefits or such coal shale and other minerals as shall or may be gotten raised from the said pits mines and veins together with the full liberty license authority
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and power to the set company their successes and assigns to fell cut down hew square saw or load take every away and convert to the use and benefit of the said company their successors and or assigns all trees and other timber growing or to grow upon all or any part of the said lands which are situate below the said edge of the cliffs overlooking the Katoomba valley and for that purpose upon any part of such lands two make sawpits erect sawmills and all other machinery means an appliances that may be necessary for drawing conveying loading and carrying away said timber
together also with liberty for the said company their successors and assigns from time to time and at all times during the continuance of the term hereby granted on the set lands in the said plan coloured Pink and also on such plots of the said lands as situated below the edge of the cliffs in dig four and get fireclay and other clay brick earth loam and sand and to make and manufacturer the same into bricks and tiles and other articles for the use of the said works in or on the said lands in the said place coloured pink or any part thereof And also to dig for and get fireclay and other clay brick earth loam and sand and to make and manufacturer the same into bricks and tiles for the purposes of sale and to sell and dispose of such bricks and tiles and to burn limestone for the purpose of sale and to sell and dispose of the same
and generally to do all other necessary and proper acts matters and things for laying dig raising getting and working the said mines veins and seams of coal shale and other minerals and disposing of the produce therefore and for deriving benefit of the powers liberties and privileges hereby granted
Together also with full and free liberty all access ingress regress and passage at all times during the said term to the said company and their assigns workmen and servants with or without horses or other animals carts carriages engines trucks and materials of all kinds in and over all or any of the said lands situated below the said edge of the said cliffs for the purposes of aforesaid
And for those purposes upon such lands to make and form such tramways roads and slopes and use all such other means and appliances as may be necessary or expedient for the full enjoyment by said company for their successors and assigns of the rights and privileges and premise is hereby granted or demised and for that purpose to occupy so much and such parts there all as may be necessary and also full and free right of way of all defined roads in common use upon or over the said land situated above the said edge of the said cliffs But so that by such workings the surface of the said lands shall in nowise be disturbed or injured except so far as may be absolutely necessary for the purposes aforesaid
And for the purposes aforesaid and without making any payment or
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compensation in respect thereof to make use of all or any of the pits or shafts which have already been made by the said John Britty North or which shall or may hereafter be made or sunk by the said company their successors or assigns or any of the said lands on the said plan coloured pink
To have hold use exercise and enjoy so much and such parts of the set pieces or parcels of land showing on the set plan hereunto annexed as are coloured pink and green messages tenement buildings mines veins Benson seams of coal shale and other minerals and oils and timber powers privileges and premises hereby demised
unto the said company their successors and assigns for and during the full term of Ninety Nine years to be computed from the first day of August 1885
And to have hold take and dispose of all of the coal shale and other minerals and oils and timber and the produce thereof to be raised and gotten by the said company their successes or assign airs during the set turn unto the said company or their successors and assigns to and for their own use and benefit absolutely subject to the stipulations covenants and agreements herein contained
Yielding and paying unto the said Lessor his heirs and assigns during the said term the following royalties on the said coal shale and other minerals and timber to be raised cut and sold by the said company or used by the said company for the manufacture of coke for sale or in the manufacture of bricks pottery or other articles manufactured by the company for sale during the continuance of the said term and after the expiration of the first two years there of that is to say
Coal round and nuts at sixpence per ton of 2240 pounds Kerosene shale at 4 shillings per tonne All other minerals at the same rates as those presented in respect of Government Royalties by the Crown Lands Act 1884 and the regulations thereunder Sawn Timber at one shilling per 100 feet superficial Timber in log at 9 pence per 100 feet superficial And also Royalties at one half the before mentioned rates on all coal shale and other minerals and timber which during the said terms shall be bought down or carried by or on account of the said
company or their assigns from any adjacent mines or by means of any drifts and passages to be used by way of instroke or outstroke into or through the lands hereby demised or any part thereof or the said mines or premises or by means of any pit shafts or tunnels railways or other roads or ways so authorised to be such made or used as aforesaid
Provided and it is hereby agreed that all small coal passing through a screen of half inch mesh shall be free of royalty
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provided also and it is further agreed that any coal required for working the said mines engines and sawmills haulage or otherwise however in connexion with the working of the said mines or used for domestic purposes by the Manager Captains Miners workman and others employed in or about the said lands and premises
And all timber required for timbering the said mines shafts drives and adits and for matting or cooking or repairing and working tramways engines works houses miners houses and sheds or otherwise howsoever in connexion with the said mines shall be free of royalty and the said royalties on coal and shale in timber respectively shall be chargeable only on coal shale and timber raised cut installed or used by the said company or manufacturing purposes as aforesaid
Provided also that even after the expiration of five years from the commencement of the said term the royalty on the coal raised by the said company in any year computed from the first day of August do not amount at the rates aforesaid to the sum of 1000 pounds (£1000) for each year then that such a sum shall be paid by the said company to the said Lessor in respect of each and every year in which such deficiency occur no shall together with the royalty equal the minimum sum of one thousand pounds. And if after the expiration of the said two years the royalty on the shale and timber raised and cut and sold from the said lands by the said company in any such year do not amount to the sum of £500 then the such a sum shall be paid by the said company to the said Lessor in respect of cash and every year in which such deficiency shall occur has such added to the royalty equal to a minimum sum of 500 pounds
All such royalties as aforesaid to be payable half yearly on the first day of February and the first day of August but the said minimum sums respectively to be payable yearly on the first day of August
Provided also that the said minimum yearly sums of £1000 and 500 pounds respectively shall be payable during the continuance of this lease notwithstanding that no coal or shale or other minerals or timber shall be raised or got or cut by the said company their successors or assigns from the said mines veins or seams or the workings thereof be wholly suspended or discontinued
Subject to the following Covenants conditions and restrictions namely:-
Provided and it is hereby declared that all the covenants and powers expressed or implied in any memorandum of lease by virtue of the real property act are hereby negatived and that the covenants clauses conditions restrictions and agreements hereinafter contained shall in lieu thereof be operative and bonding between the said parties to these presents their respective heirs successors and assigns as hereinafter expressed
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And contained the said company do hereby for themselves their successes and assigns covenant with the said Lessor his heirs and assigns in manner following that is to say:-
That the said company their successors and assigns will during the continuance of the said term after the expiration of the first two years thereof pay the said Lessor his heirs or assigns the several royalties herein before reserved or made payable and will also pay to the said Lessor his heirs and assigns such sums of any as shall be required to make up any deficiency in the said royalties on coal and or shale and timber has aforesaid on the days and times and in manner hereinbefore appointed for the payment thereof respectively clear of all deductions whatsoever (except landlords income or property tax if any) and that notwithstanding that no such coal shale or other minerals or timber be raised got or cut as aforesaid
And also will from time to time and at all times during the said tum pay and discharge all rates taxes charges assessments and outgoings whatsoever which are now or may at any time hereafter be assessed charged or imposed upon or in respect of the said demised mines and premises or on the owners or occupiers in respect thereof (all landlords property or income tax if any alone creeping?)
And that in case the said company their successors or assigns shall be mining here on the injury or damage the surface of any of the lands aforesaid above the edge of the said cliffs or any buildings or erections there in which shall at the at the time when such injury or damage shall be cause have been sold by the said Lessor (except such parts of the said plans are coloured pink on the said Plan hereto annexed) there and in every such case the said company their successors or assigns will pay to the owners of the land so injured or damaged proper compensation for or in respect of such damage or injury such compensation to be determined in case of difference by arbitration, and that the said company this successes or assigns will with all possible expedition after the same shall be raised and gotten sell or otherwise dispose of or convert into coke or used for manufacturing purposes all coal shale and other minerals to be raised and gotten from the said mines except such portions thereof as shall be unsalable or incapable of being converted into coke or used for manufacturing purposes and accept such coal shall be required in any manner in or about the said mines or works as aforesaid
And that the said Company their successors and assigns will with the said mines shafts beds and seams of coal shale and other minerals
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in a standard and workmanlike manner and to the approval of the Government Inspector of mines
and that the said Company their successors and assigns will at all times during the continuation of the said term may can maintain sufficient fences for the protection of man and beast round every put shaft and open part of any adit or other work already sunk or dug or which hereafter shall be sunk or dug by the said Company their successors or assigns on the said demise premises during the set term
Provided always and it is hereby agree and declared that nothing herein contained shall bind or oblige the said Company their successors or assigns to open or work or continue to work any of the said mines veins beds or seems or to carry on or continue any mining operations or other works in or upon the said lands and premises or any part thereof and that they shall be at liberty in their own absolute discretion to refrain altogether from working or mining on the said land and premises and to discontinue any or all of the said works at any time or times during the said term and again to carry on and resume the same And also will during this said term enter and keep from time to time in proper books of accounts a just an accurate amount of the quantified of coal shale and other minerals subject to royalties as
aforesaid and timber that shall be raised cut and sold by the said company this assessors or assigns or converted into coke and used by them for manufacturing purposes as aforesaid or bought from any adjoining lands or mines and premises hereby demised
And will on each of the half yearly days hereinbefore appointed for payment of royalties delivered to the said Lessor his heirs or assigns or his or their agent or agents they true account showing the total amount of coal shale and other minerals subject to royalty as aforesaid and timber raised or cut and sold converted into cope and useful manufacturing purposes as aforesaid during the preceding half year including in such account or coal shale and other minerals and timber bought from any adjoining lands or mines as aforesaid
And will place at the entrance of each adit pit or working or in some other convenient place or places upon the lands aforesaid one or more good and properly constructed weighing machine or machines and will cause to be weighed thereon all coal shale and other minerals raised or got and sold or disposed of or converted into coke under or by virtue of these presents
And also all coal shale and other minerals brought from any adjoining mines through on or over the mines and premises hereby demised
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And will cause the weights or quantities so determined to be fourth with duly registered at the office or weighing house or weighing houses of the said colliery in such manner that all coal shale and other minerals subject to the several royalties hereinafter reserved or made payable shall be separately clearly distinguished and shown
And will permit the lessor his heirs or assigns to employ a person to be present at the weighing of all coal weighed as aforesaid and to keep an account thereof to check the accounts kept by the said Company their successors and assigns
And will permit the Lessor his heirs and assigns and his agents and servants at all reasonable times during the said term to inspect and test the accuracy of the weighing machine or weighing machines to be kept as aforesaid and the weights used thereon
And will during the continuance of the said term Keep at the office of the said Colliery and from time to time when required by the Lessor his heirs or assigns permit him or them his or their agent or agents to inspect Plans of the mines and seams hereby itemised and of the workings thereof and all seems veins or strata which shall have been discovered thereon upon which the exact position and actual condition of the works shall at least once in every six months be delineated
And will permit the Lessor his heirs or assigns or his or their agent or agents at all reasonable times to have access to an inspect and play copies of or extracts from the books of account to be kept as aforesaid
And that the Lessor his heirs or assigns or his or their agent or agents servants and work men shall be at liberty at all reasonable times during the said term to enter into and the pond and to inspect the mines hereby demised and the works belonging thereto and any adjoining mines or works carried on or what in connexion therewith and to make surveys or plans stay thereby and afterwards to return therefrom without any hindrance or interruption and shall for such purposes be at liberty to use the machinery and plant employed in an about said mines and works Provided always that the liberties and powers hereby reserved to the said Lessor his heirs or assigns shall be exercised and used so as not to interfere with or obstruct the said Company their successors
or assigns or their workmen or servants in the enjoyment of the powers and privileges hereby granted
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And that the said Lessor shall be at liberty to make and construct not exceeding 12 subways and overways under and over the land hereby demised as used at present for the tramway on that part thereof situated above the edge of the said cliffs but so that such subways and overways shall not in any way interfere or obstruct the set tramway or the engines trucks ropes or other appliances used in connexion therewith or the working thereof
And that the said Company their successors or assigns will at the end or sooner determination of the said term deliver up the land mines and premises hereby demised or so much thereof as shall there be remaining to the said Lessor his heirs or assigns
And the said Lessor for himself his heirs executors and administrators doth hereby covenant with the said Company their successors and assigns in manner following that is to say:-
That the said Company their successors or assigns paying the several Royalties hereby reserved and made payable and observing and performing all the covenants stipulations and conditions herein contained on their part to be observed and performed shall and may at all times during the said term peaceably and quietly hold possess and enjoy the land mines and premises hereby demised and granted for said during the term hereby granted and exercise the several liberties powers and privileges hereby conferred without any interference or interruption from or by the said Lessor his heirs or assigns or any person rightfully claiming or to claim from through under or in trust for him or them or any of them
And also that the said Company their successes or assigns may within the space of six calendar months after the expiration or sooner determination of the said term carry away and dispose of all the coal and other minerals which shall have been raised and gotten from the said mines and premises during the said term
And that it shall be lawful for the said Company their successors or assigns at the expiration or other determination of the said term (whether by notice given by the said Company or by re entry by the said Lessor as herein respectively provided) or within such time after such expiration or determination of the said term as might be reasonable for the purposes next hereinafter mentioned to enter into and upon the said lands in premises or any part thereof and to remove and dispose of all the engines machinery implements tramways plant houses sheds buildings articles and all things whatsoever used or employed in or about the works of the said mines and premises and whether the same be fixtures or not or such of
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them as shall not be purchased by the said Lessor his heirs or assigns under the power in that behalf hereinafter contained but so as not to injure or disturb the said lands and premise is more than maybe absolutely necessary and unavoidable in such removal And that the said Company their successors or assigns shall be at liberty at any time or times during the said time to assign or underlet the whole or any part of the lands mines rights privileges and premises hereby granted given or demised including the right of working the said mines of coal and shale or any part or parts thereof or of cutting or carrying away the said timber on such terms and in
such manner frequently as to the said Company shall seem fit but without prejudice to the liability of the same Company under these presents
And that the said Lessor his heirs and assigns shall not during the continuance of the said term sell lease or otherwise dispose of the said land situated below the said edge of the cliffs except subject to the lease powers and privileges hereby granted
Provided always that if the said Royalties or sums of money hereby reserved or covenanted to be paid on any of them or any part thereof respectively shall at any time be in arrears or unpaid for three months after the same respectively shall be payable whether the same shall have been legally or finally demanded or not and no sufficient distress or distresses can or may be found or gotten on the hereby demised premises to answer such accuracies or if the said Company their successes or assigns shall make default in performing or observing any of the covenants provisions or conditions herein contained and on their part to be performed and observed or if the said company their successors or assigns shall enter into any liquidation whether compulsory or voluntary. There and in any such case it shall be lawful for the said Lessor his heirs or assigns although he may not have taken advantage of some previous deposit of a like nature to re-enter upon any part of the said demised mines lands and premises or in the name of the whole and thereupon this present lease and the liberties licenses and powers hereinbefore granted and every clause and thing herein contained shall absolutely cease determine and become void except for the purpose of enforcing any right of action or remedy which shall have accrued to any of the parties hereto or their respective heirs successors or assigns in respect of any breach of any of the covenants or provisions herein contained
Provided always and it is hereby agreed that no breach of any of the covenants and conditions hereinbefore contained
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except the covenant for payment of royalties and the covenants for allowing the Lessor his heirs or assigns to have access to and inspect the books of account and other records and weighing machines of the said mines shall give a right of re-entry or be a cause of forfeiture of the said term under the premise lastly hereinbefore contained unless and until the Lessor his heirs or assigns or his or their agents shall have given to the said Company their successors or assigns or their principal manager for the time being or shall have left for them or him at the office or Counting House of the said company or a notice in writing specifying a particular breach or breaches of covenant or condition complained of and requiring the same to be remedied and default shall have been made by the said company their successors or assigns for six calendar months after the giving or leaving such notice in remedying such breach or all or any of such breaches or in making full compensation in money to the Lessor his heirs or assigns or any such breach or breaches which cannot otherwise be remedied or made good.
Provided always that if an so often as any part of the royalties hereby reserved shall be in arrears for 60 days whether the same have or have been legally demanded or not the Lessor his heirs or assigns may enter into and upon the lands and premises hereby demised and may seize and detain all coal shale other minerals and timber actually gotten and cut and all fixed or movable engines machinery rails but no plant horses cattle implements utensils and things belonging to the said company their successors or assigns within under or upon any part of the said lands mines and premises so demised
held or occupied as aforesaid and may sell and dispose of the same for and towards the satisfaction and payment of all such arrears of royalties and also of all expenses incidental to or occasioned by such distress or distresses in like manner as next can be recovered at Law.
Provided always and it is hereby agreed that in case the said company their successors or assigns shall be desirous at any time of abandoning and yielding up all the said hereby demised lands mines and premises and of such their desire or intention shall give 12 calendar months’ notice to the said lessor his heirs executors administrators or assigns then at the expiration of the time specified in such notice and upon payment of all royalties and sums of money that may be payable up to the day of the expiration of such notice this personal memorandum of Lease and the hour and estate hereby granted or demised and every clause matter and thing herein contained shall at such last mentioned period cease and determine except in respect of any previous breach or non-performance all or any of the covenants
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And agreements herein before contained on the part of the said company their successors or assigns or on the part of the said less or his heirs or assigns provided always that if at the expiration or sooner determination of the said term the lessor his heirs or assigns shall desire to purchase all or any of the fixed or movable engines machinery tools implements utensils rails waggons trolleys rolling stock erections plant and other articles and things used or employed in or about the carrying on and working of the mines and works hereby demised and shall signify such desire by notice in writing 12 calendar months at least before the expiration or sooner determination of the said term unless the same shall be determined under the power of re-entry hereinbefore contained in which case the notice may be given or left as aforesaid at any time within 14 days after the termination of the said term then and in such case the articles and things specified in such notice shall not be removed by the said company their successors or assigns but shall be purchased by the Lessor his heirs or assigns at a price to be determined in case of dispute by arbitration
Provided also and it is hereby further agreed that in case the said Company their successors or assigns shall be desirous at any time of abandoning the working and cutting of the said shale and timber and of such their desire or intention shall give six calendar months’ notice to the said Lessor his heirs executors administrators or assigns then upon the expiration of such notice and upon payment of all Royalty that may be payable in respect of the said shale and timber all further liability for payment of or by way of the aforesaid royalty on shale and timber shall without prejudice in other respects to these presents cease and determine and thereupon it shall be lawful for the said Company their successors or assigns to remove and dispose of all the engines machinery implements tramways plant articles and things whatsoever used or employed in or about their operations in respect of the said shale and timber
provided always that the said Company their successors and assigns shall be at liberty after giving such notice of abandoning the working of the said shale and timber and at any time before the expiration of the term mentioned in such notice to withdraw the same upon giving notice in writing of such withdrawal of the said Lessor and thereupon such a notice of an abandonment shall become void and of no effect.
And it is hereby agreed that every notice hereby required or authorised
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to be given to the Lessor his heirs or assigns shall be in writing and may be either given to him or those or any of them personally or left at his or their last known place of abode in the colony of New South Wales or be given to his or their agent or agents or such other person in such manner as the said Lessor his heirs or assigns may from time to time direct or failing opportunity to comply with such … services then by notice affixed in some conspicuous part of lands on the set plan coloured Pink AND every notice hereby required or authorised to be given to the said Company their heirs or assigns shall be in writing maybe either given to any of the directors of the said company for the time being personally the principal manager or captain of the said mines or work or left at the registered office for the time being of the said mines at the office or counting house of the said mines or ………
And it is hereby agreed and declared that anytime hereafter any dispute doubt or question shall arise the Lessor his heirs or assigns and the said company their successors or assigns reaching the constructive mean effect of these presents or any clause or thing herein contained or the rights or liabilities of the several parties heretofore their respective heirs successors or assigns under these otherwise in relation to the premises or in case of estimate or valuation shall require to be made any provisions hereinbefore contained their every such act or doubt or question shall be referred to the arbitration arbitrators are to be appointed by each party to the valuation and to such third person as the said Lessor shall by writing under their hands appoint before they proceed reference AND the proceedings in reference to such arbitration and the rights and powers of the parties in respect thereof shall in other respects be regulated by the provisions in that behalf that in the Arbitration Facilitation Act (H M Victoria No15) or subsisting statuary modification thereof and upon any and all such reference the arbitrators shall have power either to pre-settlement determine the amount of costs of the reference and award rest or incidental thereto to be paid by both parties or by either one to direct the same to be taxed as between Solicitor and Client or as between party and party or otherwise and award where and to whom such costs shall be paid.
Page 28 Surrendered Lease letter
Page 29 Surrendered lease letter
Page 30 Surrendered lease letter
Page 31 Surrendered lease letter
Page 32 Surrendered lease letter
Page 33 Surrendered lease letter
Page 34 Surrendered lease letter
Page 35 Surrendered lease letter
Page 36 Surrendered lease letter
Page 37 Surrendered lease letter
Page 38 Surrendered lease letter
Page 39 Surrendered lease letter
Page 40 Surrendered lease letter
Page 41 Surrendered lease letter
Page 42 Surrendered lease letter Signed with the Common Seal of Australian kerosene and Mineral Company Limited 7th March 1906 Signed by R. Vernon Saddington
Page 43 Surrendered lease letter 25th April 1907 AKO&M in Liquidation
Page 44
Statutory declaration we William Reed and Thomas Buchanan of Melbourne in the colony of Victoria solemnly and sincerely declare
Gentlemen by a certain deed bearing date the 9th day of February 1887 under the hand and seal of Charles Guthrie the duly appointed attorney of the London Chartered Bank of Australia we and John young and any two of us were appointed the attorneys of the London Chartered Bank of Australia to represent the said bank and to perform the acts deeds matters and things therein mentioned
That we have not received any notice of revocation of our appointment as such attorneys of the said bank
and we make a solemn declaration conscientiously believe believing the same to be true and by virtue of the provisions of an act made and passed in the ninth year of the reign of her present majesty entitled an act for the more effectual evolution of post and affirmations taken and made in various departments of the government of NSW and to substitute declarations in lieu thereof and for the suppression of voluntary an extra judicial oaths and affidavits
Page 45
Statutory declaration of
page 46
Here follows all the stamps of land transfers
Page 49
Signatory page
Katoomba Coal and Shale Company Limited doth hereby accept this lease as tenant subject to the conditions restrictions and covenants above set forth
Dated this third day of February 1887 signed by the said John Britty North who is personally known to me in my presence
Common seal of the Katoomba Coal and Shale Company Limited was hereunto affixed by the authority of a resolution of the board of directors of the said company and in the presence of be B. Elphinstone and Henry Hudson and John Woods three of the directors of the said company who have signed this document and who are personally known to me in my presence
William Russell
James B Elphinstone
Harry Hudson
J B North
We the London Chartered Bank of Australia the mortgagors named in the memorandum of mortgage number 57934 do hereby consent to the within lease dated this 9th day of March 1887
Signed by the London Chartered Bank of Australia by its attorneys Henson Buchanan and William Reid who are personally known to me in my presence
Page 50
A further list of stamps of land transfers.
