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APPENDIX I.LEASE REFERRED TO IN THE ORDERS OF REFERENCE.T.I.M. 195/22. This Indenture made the First day of November One thousand nine hundred and thirty-four between the Minister for Industry and Commerce, Saorstát Eireann (hereinafter called “the Lessor”) of the first part, the Minister for Finance, Saorstát Eireann, of the second part, and Michael Comyn, of 9 Northbrook Road, Dublin, K.C., Senator, and Robert Briscoe, of Balure, Ballybrack, in the County of Dublin, T.D. (hereinafter called “the Lessees” and which expression shall include the survivor of them his and their executors administrators and permitted assigns) of the third part, witnesseth that the Lessor in virtue of the powers conferred on him by Section 11 (2) of the Mines and Minerals Act, 1931, and all other powers enabling him and in consideration of the rents and agreements on the Lessees’ part hereinafter reserved and contained hereby demises unto the Lessees all the exclusive rights of mining vested in any way in Saorstát Eireann in on or under the lands mentioned in the Schedule hereto and delineated on the Plan endorsed hereon and thereon edged red (save and except all or any portion or portions of the said lands to which the State Lands Act, 1924, or the State Lands (Work-houses) Act, 1930, applies or which may be vested in or in the occupation of the Minister Head of a Department of State) together with the right to enter upon the said lands in respect of which the said right of taking ore and digging and searching for metals and minerals may be exercised To Hold the same to the Lessees from the day of the date hereof for the term of two years paying therefor to the Lessor the yearly minimum or dead rent of Five Pounds in advance without any deduction whatever, the first yearly payment of such minimum or dead rent to be made on the execution thereof, and the second on the expiration of one year from the date hereof And Also Yielding and Rendering to the Lessor a Royalty of One twenty-fifth part or share of the value of the minerals which shall be raised or gotten or be obtained during the said term from the said lands the said Royalty to be calculated and accounted for according to the price or prices for which the same shall be respectively sold after the same shall have been cleansed smelted and extracted and made merchantable respectively at the expense of the Lessees the said Royalty to be paid half-yearly on the First day of May and the First day of November free from all present and future taxes and other impositions whatsoever Provided always and it is hereby Agreed and Declared that the yearly payment of the said minimum or dead rent on the days on which the same become due as hereinbefore mentioned shall be taken in part payment so far as the same shall expend for all Royalties payable to the Lessor pursuant to these presents for and during the year in respect of which the said minimum or dead rent has been paid as aforesaid. And in the event of the Lessees granting any sublease of or licence to work the mineral substances hereby demised then paying in lieu of the rent and Royalties hereinbefore reserved half of the rent and Royalties for the time being payable under any sublease or licence hereafter granted or made Provided always that such last-mentioned payment shall not in any case be less than the rent and the share of minerals or value thereof and Royalties hereby reserved And the Lessees hereby jointly and severally Covenant with the Lessor as follows:— 1. To pay the said rent and Royalties in manner aforesaid and to pay and discharge all present and future rates taxes assessments impositions and outgoings whatsoever imposed upon or charged upon the said premises hereby demised or any metals or minerals got therefrom. 2. Not to commit any unnecessary spoil damage or waste in or upon the land hereinbefore described and to fence round or in the event of the same having been at any time wrought out or being no longer worked to advantage to fill up level and cover in in a proper and substantial manner to the satisfaction of the Lessor all existing pits soughs and other works on the said land whether opened by the Lessees or not. 3. To constantly keep and employ on the said lands at least four able-bodied and experienced miners and to supply them with all proper tools and appliances. 4. With all convenient speed after getting and raising of any gold and silver or substances containing gold or silver or other minerals to cause the gold or silver or other minerals (as the case may be) therein to be respectively cleansed smelted extracted and made merchantable on the said land and from time to time within the space of three calendar months next after such making merchantable thereof fairly and openly to count weigh measure or otherwise ascertain the quantity and value thereof respectively and to give to the Lessor or his Agent at least seven days’ notice previously to the time at which the same shall be intended to be counted weighed measured or the quantity or the value thereof ascertained in order that such Agent may attend. 5. Within three days next after the expiration of each calendar month during the continuance of this demise to deliver to the Lessor a true and fair account in writing containing particulars of the quantity of all minerals (and of all assays thereof) which during such month shall have been respectively gotten and raised from the said land and which during such month shall have been stored crushed or stamped. 6. Previously to the removal of any of the said minerals from the said land to give seven days’ notice in writing to the Lessor of the intention to remove the same. 7. To keep a correct account of the quantity of all minerals which shall be gotten or obtained and sold from the said land and of the person or persons to whom and of the price or prices for which the same shall be respectively sold or disposed of or delivered and to allow the Lessor or his agent at all times to inspect and take copies of or extracts from the account and other books relating to all such substances as hereinbefore mentioned and to give any explanation that the Lessor or his agent may require in relation thereto and at all times to suffer the Lessor or his Agent to inspect the works carried on rendering to them every reasonable assistance free of charge in such inspection when required. 8. Within ten days next after the said First day of May and First day of November and also within ten days after the expiration or other sooner determination of the said term and at such other time or times as the Lessor shall by notice in writing require to deliver to the Lessor or his Agent a true and fair account containing the several particulars aforesaid of all substances (if any) which during the half-year and during such times as shall be required by such notice as aforesaid shall have been gotten raised cleansed smelted extracted made merchantable and disposed of clearly expressing in such account the weight measure and quantity of such substances respectively and the time or times and price or prices at and for which the same respectively shall have been sold and disposed of. Such account to be in the form required by the Lessor and to be verified by a Statutory Declaration by the Lessees. 9. Not to give grant underlet or assign over or part with the possession by way of licence or otherwise of these Presents or the several premises hereby demised or any part thereof respectively or the right and interest of the Lessees therein by virtue hereof to any person or persons whomsoever without the consent of the Lessor in writing first had and obtained Provided always and it is hereby Agreed and Declared as follows:— (a) That the demise and powers and provisions hereinbefore contained shall cease and absolutely determine at the expiration of two years from the commencement hereof and further that if default shall be made in payment of the rent or Royalties hereinbefore reserved or in the performance of any of the covenants hereinbefore contained the demise hereby made shall forthwith thereupon cease and be absolutely void. (b) That the demise hereby made shall at the option of the Lessor cease and be void and of none effect if the Lessees shall not within three calendar months from the date hereof proceed to make search and trial for the substance hereby demised with not less than four able-bodied miners or shall cease at any time hereafter to make such trials and searches for the space of six calendar months in any year. (c) That if default shall be made for the space of twenty-one days in payment of the aforesaid Rent or Royalties it shall be lawful for the Lessor from time to time to distrain any machinery engines implements utensils carts carriages horses or other live or dead stock and all the substances which shall have been gotten and shall be found upon or under the lands hereinbefore described or upon any other land which may for the time being be in the occupation of the Lessees and all other the goods chattels and effects of the Lessees wheresoever the same may be found and the goods and chattels distrained to sell and dispose of towards satisfaction and payment of the arrears of the said rent and Royalties and of all costs and charges incident to or occasioned by such distress and sale. And the Lessor hereby Agrees with the Lessees that if the said search be successful and any metals or minerals the right of taking which is hereby demised shall be discovered on or under the said lands the Lessor will if required by the Lessees at any time prior to the determination of this demise and on being satisfied that the Lessees possess the financial and technical resources necessary for the full development of the undertaking grant and execute unto the Lessees a Lease to be prepared with a counterpart by the Chief State Solicitor at the cost of the Lessees of the exclusive right of taking all metals and minerals the exclusive right of taking whereof is hereby demised on or under the said lands for the term of Ninety-seven Years to commence from the determination of the term of two years hereby granted or such earlier date on which the Lessees so intimate to the Lessor their desire that the said Lease shall be granted which Lease shall provide for the payment to the Lessor during the continuance thereof of a yearly minimum or dead rent of Ten Pounds per annum payable half-yearly in advance free of all deductions and also for the payment to the Lessor during the continuance of such Lease of a Royalty of one twenty-fifth part or share of all metals and minerals raised or gotten the exclusive right of taking which shall be demised by such Lease and for the employment of eight able-bodied miners and such Lease shall contain covenants by the Lessees similar to the covenants contained in this Lease and such other covenants and provisions as may in the Lessor’s opinion be necessary for the effective working of the mines, payment of the rent, accounting for the Royalties, the protection of the surface, the redemption of Land Annuities, the payment of compensation, or otherwise. Said Lease shall contain a clause enabling the Lessees to determine same on giving six months’ previous notice in writing to the Lessor in the event of the mines to be worked under said Lease ceasing though duly worked to yield ore in paying quantities; or at the end of any seven years of said demise; and providing that such Lease shall be void if the Lessees should become subject to the Bankruptcy laws or make any composition with their creditors. And it is hereby declared that if any time hereafter any dispute doubt or question should arise between the Lessor and the Lessees touching the construction meaning or effect of these presents or any clause or thing herein contained or of their respective rights or liabilities under these presents then every such dispute doubt or question shall be referred to the arbitration of an Arbitrator to be appointed by the Lessor whose decision shall be binding and conclusive, and these presents shall be deemed to be a submission to arbitration. And the costs incidental to the preparation and execution of this Lease and Counterpart shall be paid by the Lessees. SCHEDULE. Part of the Lands of Ballintemple, Coolgarrow, and Clonwilliam, containing 982a. 3r. 36p. situate in the Barony of Arklow and County of Wicklow. In Witness whereof the parties of the first and second parts have caused their respective Seals to be affixed hereto and the Lessees have hereunto subscribed their names and affixed their Seals the day and year first herein written.
Department of Industry and Commerce Stamp. RECEIVED 16 Nov., 1934. General Registry. |
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