Conditions for 999-year lease
Published on: Saturday, September 26, 2020
By: NORTH BORNEO HERALD
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Special Regulations for the Leasing of uncultivated Lands in lots of 100 acres and upwards in extent. (Approved by the Court of Directors of the British North Borneo Company on the 5th day of July, 1882)
1. Applications for uncultivated lands of 100 acres and upwards in extent should be made to the Company, the Governor of British North Borneo, or to the Residents of Districts.
2. Should the application be approved of, the Governor will grant to the applicant an agreement for a lease, to be followed as soon as possible by the issue of a lease for 999 years.
3. Should the immediate survey of such land be impracticable from any cause, the Governor will issue a permit to occupy such land, subject to the conditions on which a regular grant would have been issued; which permit will specify the extent, and describe as nearly as may be the situation of the land to which it relates, and after the survey of the land so occupied the permit will he called in and cancelled, and a regular lease issued in lieu thereof.
4. Upon the payment of $1 per acre a lease may be granted free of quit rent.
5. A lease may he granted upon the payment of a Premium of 50 cents and an annual quit-rent of 10 cents, redeemable at any time before the expiration of the lease on payment of $1 per acre in addition to the premium.
6. One-third of the premium must be paid on the completion by the Governor of the agreement for the lease, and the remainder within 12 months from the date of the first application for the lease, or on the granting of the permit, or of the lease, whichever shall first take place.
7. The land must be selected within 12 months from the date of application.
8. A bona fide commencement to bring the land under cultivation must be made within 18 months from the date of the selection of the land, and the Lessee will be entitled to retain two acres of uncultivated land for every acre that shall have been brought under cultivation within a term of 12 years, that balance of uncultivated land will revert and escheat to the Company.
9. All coal, minerals, precious stones, and mineral oils on, under and within the said lands are absolutely reserved to the Company, or its Licencees, together with the right to enter upon the said lands, and to search for, get, and take away coal, minerals, precious stones, and mineral oils in, on, or under the same, and to reserve such portions of land as may be necessary for examining or working any mines, or conveying away the products thereof, upon payment of reasonable compensation to the Lessees for surface damage to such land.
10. Mining licences will be granted on b favourable terms to the Lessees of demised lands.
11. The Company reserves all navigable streams, rivers, and creeks, and a belt of land 50 yards wide along the banks of the same, and also a similar belt of land from high water mark along the sea-shore; ample provision, free of rent, being made for landing places and other purposes, for the convenience of the neighbouring estates.
The Company will also reverse such portions as may seem advisable along the ridges of hills.
12. The Company reserves the right to resume possession of such portions of land as may be necessary for public purposes, such as police, revenue and telegraph stations, roads, railways, tramways, canals, etc., upon payment of compensation for damages actually sustained by the Lessee.
13. The Company reserves the right at all times to take, or to authorise others to take, timber, stone, clay, sand, and other road-making material for the construction and repair of neighbouring roads, bridge etc.., on payment of reasonable compensation for actual damage done to the crops or roads of the Lessee.
14. The Company reserves all edible bird's nests and guano, and also the right at all times to enter on the demised land, and to take, or authorise others to take, such edible bird’s nests and guano on payment of reasonable compensation for actual damage done to crops or roads of the Lessee.
The Lessee will be entitled to collect all gums, gutta-percha, India-rubber and other natural produce (save edible birds' nest, and guano), on any of the demised land paying any such royalties in respect of the export of such produce as may for the time being be reserved to the Company, in pursuance of any regulations made or to be made by the Company.
Provided that if the Lessee at any time, and from time to time, has not exercised his right in respect of any description of such produce, the Company may serve on him a notice of its intention to collect such description of produce, and if within a period of six month, from the service of such notice the Lessee has not exercised his right, the Company or its licensee, agents, or servants, may, at any time within three enter on any forest, or such period of six months, enter on any forest, or uncleared or uncultivated parts of the demised land, and collect therefrom the produce referred to in the notice for the use or benefit of the Company, on payment of reasonable compensation for actual damage done to the crops or roads of the Lessee, and so from time to time.
15. All expenses of survey, demarcation of boundaries, transfer or registration fees, or expenses of conveyance to be borne by the Lessee. Landmarks will in the first instance be set up by the Company, but will he kept in repair at the expense of the Lessee.
16. Upon branch by the Lessee of the negotiations and conditions marked respectively 6 and or of either of them, the land shall revert or escheat to the Company.
17. All area, of payment due by the lessee under the provisions of this notification shall be recoverable by summary process in any court of law in the territory of the British North Borneo Company.
18. Special arrangements may be made in the case of Companies or persons wishing to take large tracts of land.
19. The regulations respecting the registration of titles to land, and the tees chargeable for registration, shall be the same as those enforced by Ordinance No. 7 of 1849, enacted by the Legislative Council of the British colony of Labuan, which Ordinance has been adopted as the law in this matter throughout the territory.
20. The only fee chargeable under the provision, of this notification upon the issue of a lease is the sum of two dollars, which includes the fee for registration of the same.
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