✨ Land Lease Agreement
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observe any of the covenants hereinbefore contained or implied it shall be lawful for the Superintendent of the said Province for the time being into the demised premises or any part thereof in name of the whole to re-enter and the same again to have repossess and enjoy anything herein contained to the contrary notwithstanding.
And it is further hereby declared that in case of difference in regard to the value of the engines machinery implements and working gear made use of in the said works and in case of any other matter in difference in regard to the said lease such matters in difference shall be settled by two arbitrators one to be named by the said Superintendent for the time being and the other by the said James George Lewis his executors administrators or assigns and the said matters in difference shall be determined by the written award of the said arbitrators or if the said arbitrators fail to agree in an award within twenty-one days after their appointment then by the written award of any umpire to be appointed by them before entering upon the reference and either party who after receiving written notice from the other party of an arbitrator being appointed by the party so giving notice shall fail within ten days to appoint his or their own arbitrator shall be deemed to have made default in appointing an arbitrator and the arbitrator of the party so giving notice may proceed alone and his award shall be conclusive and the costs of and attending such arbitration and umpirage shall be equally defrayed by the two parties in difference: IN WITNESS whereof the said parties hereto have hereunto subscribed their names.
J. L. C. RICHARDSON.
JAS. GEO. LEWIS.
Signed by the said John Larkins Cheese Richardson and sealed with the public seal of the said Province of Otago in the presence of
A. FINDLATER,
Clerk to the Provincial Solicitor, Dunedin.
Signed by the said James George Lewis in the presence of
A. FINDLATER,
Provincial Solicitor’s Clerk.
Right of Way subject to the condition that the Government will undertake to fence and ditch both sides of the proposed Road Way if at any time called upon by the Board to do so during the term of the said lease and pay the Board a yearly rental of ten shillings sterling during the said term. In testimony whereof the said Town Board seal this Minute with their common seal on the margin hereof.
LEASE TO JAMES GEORGE LEWIS OF LAND CONTIGUOUS TO THE CLUTHA COAL FIELD.
THIS DEED made the twenty-sixth day of June one thousand eight hundred and sixty-two BETWEEN his Honor John Larkins Cheese RICHARDSON Esquire Superintendent of the Province of Otago in the Colony of New Zealand of the one part and James George Lewis of Waitutu in the said Province settler of the other part: Whereas the land hereinafter described is vested in the Superintendent of the said Province and his successors in office for the use and behoof of the said Province And whereas the said James George Lewis has contracted with the said John Larkins Cheese Richardson for a Lease of certain Lands situated in the Coast District in the said Province for working a coal mine therein and other purposes for the term of twenty-one years to be computed from the tenth day of March one thousand eight hundred and sixty-two and it is intended that such lease shall contain a clause or covenant to enable the said James George Lewis at his option in a certain event to surrender the said lease And whereas the said James George Lewis has applied to the said John Larkins Cheese Richardson Superintendent as aforesaid to grant him a lease of the lands hereinafter described and contiguous to the lands comprised in the before mentioned lease for the term of twenty-one years but determinable concurrently with the lease hereinbefore referred to in case the same should be determined by the said James George Lewis at any time before the expiration of the full term and which he the said John Larkins Cheese Richardson hath agreed to do upon the terms hereinafter expressed Now this Deed made in pursuance of the Conveyancing Ordinance passed in the fifth year of the Reign of her Majesty Queen Victoria Session 2 No. X intituled "An Ordinance to facilitate the transfer of Real Property and to simplify the law relating thereto"
WITNESSTH that in pursuance of the said Agreement and in consideration of the rent and covenants hereinafter contained as well expressed as implied he the said John Larkins Cheese Richardson Superintendent as aforesaid for himself
The Section of land Number 1 Block I North Molyneux District through which a right of way is given by the foregoing lease upon the condition therein mentioned being part of the Municipal Estate of the City of Dunedin the Town Board of Dunedin at the desire of the Provincial Government of Otago have granted for the period therein mentioned the said
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Lease of Clutha Coal Field
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🗺️ Lands, Settlement & Survey26 June 1862
Coal field, Lease, Clutha, Otago, Mining, Royalty, Ventilation
- James George Lewis, Lessee of Clutha Coal Field
- John Larkins Cheese Richardson, Superintendent of the Province of Otago
- A. Findlater, Clerk to the Provincial Solicitor, Dunedin
Otago Provincial Gazette 1862, No 209