License to obtain pearl oysters, beche de mere and guano from Suwarrow Island, John Lavington Evans

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License to obtain pearl oysters, beche de mere and guano from Suwarrow Island, John Lavington Evans is associated with Suwarrow Island located at these coordinates -13.269274, -163.111356


Description:
License to obtain pearl oysters, beche de mere and guano from Suwarrow Island, John Lavington Evans

Record Citation: PROV VPRS 4061/P0, unit 1
Record URL: http://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewSeries&entityId=4061
Agency: VA 466 - Governor (including Lieutenant Governor 1851-1855 and Governor's Office)
Agency URL: http://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewAgency&entityId=466
Date: 24 September 1866
Record Type: License
Event Type:
Language: en
Copyright URL:
Related Resource URL: http://wiki.prov.vic.gov.au/index.php/Records_relating_to_Pacific_Islands_1840s_-_Current
Thumbnail URL:
User Tags: pearl oysters, beche de mere, guano, suwarrow island, pacific islands




Image Transcript Margin Notes Body of Transcript
4061 P0 01 0015 small.jpg C. S. CARTWRIGHT,

26, CHARLES STREET,

BERNERS STREET, LONDON, W.

This Indenture made the twenty fourth day of September One thousand eight hundred and sixty six Between Her Most Gracious Majesty Queen Victoria of the one part and John Lavington Evans of Melbourne in the Colony of Victoria Merchant ( who with his executors administrators and assigns is hereinafter included in the term “Licensee” ) of the other part

Whereas it hath been represented to Her Majesty by the said Licensee that he hath discovered certain Articles profitable in Commerce and especially Pearl Oysters, Beche de Mere, and Guano on and in the waters surrounding a certain Reef and its adjoining Islets in the South Pacific Ocean called Suwarrow lying in Latitude 13°. 18’ . 0” South and Longitude 163°. 12’. 30” West and that the said Reef and its Islets are uninhabited and does not belong to any recognized Foreign State or Power and that so far as he the said Licensee is aware no other person has previously discovered those Articles on the said Reef and its Islets or claims to have any right or interest therein

And whereas the said Licensee hath applied to Her said Majesty to grant to him as the first discoverer of such Articles on the said Reef and its Islets an exclusive Licence to remove them therefrom for his own use and benefit

And whereas Her said Majesty on the faith of such representations hath been graciously pleased to accede to such application subject nevertheless to the understanding that Her said Majesty’s Government do not undertake to maintain any Establishment or any Officer on the said Reef and its Islets or to make any compensation to the said Licensee for any loss or damage he may sustain by reason of the absence thereof or if from political or other considerations Her Majesty shall not find it expedient to retain the sovereignty of the said Reef and its Islets or convenient to protect the said Licensee in the exclusive enjoyment of the privilege intended to be hereby granted.

Now this Indenture witnesseth that subject to the Royalty covenants and conditions hereinafter contained on the part of the said Licensee to be paid and performed Her said Majesty doth hereby grant to the said Licensee the sole and exclusive right to obtain and export from the said Reef and its Islets for his own use and benefit such quantities of the said Articles as he may think proper during the term of Seven years to be computed from the day of the date of these presents with full power and permission to construct on the said Reef and its Islets all such buildings roads jetties or other works as may be requisite and necessary for his operations in the obtaining and exporting such articles

And this Indenture also witnesseth that in consideration of the premises he the said Licensee for himself his heirs executors administrators and assigns doth hereby covenant with Her said Majesty Her Heirs and Successors in manner following that is to say

1. That he the said Licensee will not assign or underlet the present Licence or any interest therein without having first obtained the consent thereto in writing of Her said Majesty’s Secretary of State for the Colonies for the time being.

2. That the said Licensee shall render to such Secretary of State true and correct half yearly statements made up to the first day of July and the first day of January in each year specifying the quantity of each of such Articles as aforesaid as may be shipped from the said Reef and its Islets during the half year to which such statements respectively shall relate together with the names tonnage and destinations of the vessels in which same shall have been shipped and the market value of such articles respectively at the time of making such statements which statements respectively shall be signed by the said Licensee and the truth and correctness thereof solemnly declared to by him on oath to be taken before a Justice of the Peace or if there be a Law in the Colony in which the Licensee may reside substituting solemn declarations for oaths then by solemn declaration to be made before such Justice And each of such half yearly statements so signed and sworn or declared to as aforesaid shall be transmitted by the said Licensee to such Secretary of State so as to ensure that it shall reach him at the Colonial Office in London within Six calendar months of expiration of every such half year Provided that if the said Secretary of State shall object to the value so to be sworn or declared to by the said Licensee of all or any of such articles the same shall be determined by arbitrators one to be named by the said Secretary of State and the other by the said Licensee or by an Umpire to be named by them in writing before they enter upon such arbitration.

3. That the said Licensee shall half yearly on the first day of January and the first day of July next after the expiration of the half year for which such statements respectively have been or ought to have been made up as aforesaid pay to the Governor or Officer for the time being administering the Government of the Colony of Victoria, Australia, on behalf of Her Majesty or to any other person authorized by such Secretary of State to receive the same a Royalty at the rate of One twentieth part of the value of so much of the said Articles respectively as shall be exported from the said Reef and its Islets during the first two years of the said term of Seven years and a royalty at the rate of One tenth part of the value of so much of the said Articles respectively as shall be so exported during the remainder of the said term.

4. That the said Licensee shall with his own resources and to the satisfaction of such Secretary of State maintain good order on the said Reef and its Islets and shall properly feed support and treat all laborers and others who may be employed by him thereon and shall also conform to and enforce all such rules and regulations if any as may from time to time be established by or by the authority of such Secretary of State for maintaining good order thereon and the said Licensee shall not practise or resort to any punishments or methods of coercing labour which in the opinion of such Secretary of State shall be unjustifiable

5. That for the purposes of land marks and so as to be visible to vessels approaching or passing near the said Reef and its Islets the said Licensee shall within One year from the date hereof plant and during the continuation of this Licence maintain on at least two conspicuous spots on the said Reef and its Islets Cocoa Nut Trees, Palms or other quick growing Trees and shall also build on the principal Islet in a permanent manner and maintain a substantial column or beacon of not less than Ten feet square at the base nor less than Twenty five feet in height. Provided that it shall be lawful for the Commanding Officer of any of Her Majesty’s Ships of War to inspect the said Beacon and if such Commanding Officer shall be dissatisfied with the mode in which the same shall have been built or with the place at which it shall have been erected it shall be lawful for such Commanding Officer to require the said Licensee to amend or alter the mode of construction of the said beacon or to require the same to be removed or erected upon some other part of the said Reef and its Islets whereupon the said Licensee shall forthwith as may be so required amend or alter the mode of construction of the said beacon or remove and re-erect the same at such other place as shall be directed by such Commanding Officer

And this Indenture further witnesseth that in case any of the hereinbefore recited representations of the said Licensee shall in the judgment of such Secretary of State be incorrect or in case any of the above covenants on the part of the said Licensee shall be broken or left unfulfilled or in case it shall be made to appear to the satisfaction of the said Secretary of State that the said Licensee has not used reasonable diligence in carrying out the objects for which this Licence is granted or in case it shall appear to such Secretary of State expedient on political grounds to revoke this present Licence it shall be lawful for such Secretary of State on behalf of Her Majesty by notice under his hand to be forwarded by post to said Licensee at his last known place of abode or of business in the United Kingdom or in any of Her Majesty’s possessions abroad to declare that on a day to be named in such notice not being less than four calendar months after the date thereof the Licence hereby granted to the said Licensee to obtain and export such articles as aforesaid shall cease and determine and the same shall accordingly cease and determine on that day Provided nevertheless that in case it shall be deemed expedient to determine the said Licence on political grounds or on account of disorders not in the opinion of the Secretary of State imputable to the Licensee or his agents the day so to be named for such determination shall not be less than twelve calendar months after the date of such notice

And it is hereby further agreed that on the termination of the present Licence from any cause all property machinery buildings and works placed or erected by the said Licensee on the said Reef and its Islets and all Guano and other such articles as aforesaid being thereon shall be and become the property of Her Majesty and Her Successors.

And it is hereby lastly agreed that all expenses incurred or to be incurred in the preparation and execution of these presents and in carrying out the provisions thereof shall be borne by the said Licensee and that the opinion of the Solicitor of Her Majesty’s Treasury as to the amount of such expenses shall in all respects be final

In witness whereof Thomas William Clinton Murdoch and Stephen Walcott Esquires Her Majesty’s Emigration Commissioners have hereunto set their hands and seals on behalf of Her Majesty and the said John Lavington Evans hath hereunto set his hand and seal the day and year first above written.

T. W. C. [ seal ] Murdoch S Walcott [ seal ] John Lavington Evans [ seal ]

[ 500 – struck out ]

[ foil seal in margin overstamped with: ] London 25.9.66 O

[ foil seal in margin overstamped with: ] London 26.9.66 O

[ other margin notes illegible ]

Licence Suwarrow Island - p1


Image Transcript Margin Notes Body of Transcript
4061 P0 01 0016 small .jpg [ Upside down ] Cartwright 2£

Signed sealed and delivered by the within named Thomas William Clinton Murdoch as such Emigration Commissioner in the presence of

George G Wellesley

Rear Admiral

H M Dockyard Portsmouth

Signed sealed and delivered by the within named Stephen Walcott as such Emigration Commissioner in the presence of

Chrisr. Simner Cartwright

8 Park Street, Westminster

Signed sealed and delivered by the within named John Lavington Evans in the presence of

Rob Wadsworth

Government Offices

Melbourne.

Dated 24th September 1866.

[ Duplicate ]

Her Majesty Queen Victoria to Mr John Lavington Evans

Licence

to obtain Pearl Oysters, Beche de Mere, Guano +c from the Suwarrow Islands

Term - Seven Years.

Licence Suwarrow Island - p2
Facts about "License to obtain pearl oysters, beche de mere and guano from Suwarrow Island, John Lavington Evans"RDF feed
Has agency urlhttp://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewAgency&entityId=466 +
Has coordinates13° 16' 9" S, 163° 6' 41" WLatitude: -13.269274
Longitude: -163.111356
+Google maps
Has date24 September 1866 +
Has form nameTranscribed Record Form +
Has imagehttp://wiki.prov.vic.gov.au/images/6/6e/4061_P0_01_0015_small.jpg + and http://wiki.prov.vic.gov.au/images/b/ba/4061_P0_01_0016_small_.jpg +
Has image captionLicence Suwarrow Island - p1 + and Licence Suwarrow Island - p2 +
Has keywordspearl oysters +, beche de mere +, guano +, suwarrow island + and pacific islands +
Has languageen +
Has record agencyVA 466 - Governor (including Lieutenant Governor 1851-1855 and Governor's Office) +
Has record citationPROV VPRS 4061/P0, unit 1 +
Has record typeLicense +
Has record urlhttp://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewSeries&entityId=4061 +
Has related resourcehttp://wiki.prov.vic.gov.au/index.php/Records_relating_to_Pacific_Islands_1840s_-_Current +
Latitude-13.269 +
Located inSuwarrow Island +
Longitude-163.111 +
Page has default formThis property is a special property in this wiki.Transcribed Record Form +
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