License to raise and export guano from Bramble Cay Island, Louis Lawrence Smith

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License to raise and export guano from Bramble Cay Island, Louis Lawrence Smith is associated with Bramble Cay Island located at these coordinates -9.133, 143.867


Description:
License to raise and export guano from Bramble Cay Island, Louis Lawrence Smith

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:
Record Type: License
Event Type:
Language: en
Copyright URL: http://www.prov.vic.gov.au/copyright
Related Resource URL: http://wiki.prov.vic.gov.au/index.php/Records relating to Pacific Islands 1840s - Current
Thumbnail URL:
User Tags: license, licence, guano, pacific islands, bramble cay island




Image Transcript Margin Notes Body of Transcript
4061 P0 01 0013 small.jpg Dated 4th February 1872

Her Majesty Queen Victoria to Louis L. Smith M. D.

Licence

to raise and export Guano from Bramble Cay Island in the South Pacific.


Sold by

MARSTON & Co

77 Chancery Lane

MELBOURNE

This Indenture made the fourth day of November One thousand eight hundred and seventy two Between Her Most Gracious Majesty Queen Victoria of the one part and Louis Lawrence Smith of 182 Collins Street East in Melbourne in the Colony of Victoria Esquire ( 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 there are certain Deposits of Guano and other substances capable of being profitably used for manuring of land ( all which substances are hereinafter included under the term Guano ) on a certain Island in the South Pacific Ocean called Bramble Cay described by the said Licensee as lying in Latitude 9°. 7’. South and in Longitude 143°. 50’. East and that said Island is 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 or claims to have any right or interest therein------

And whereas the said Licensee hath applied to Her said Majesty to grant to him an exclusive Licence to remove Guano from the said Island 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 Island 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 Island or convenient to protect the said Licensee in the exclusive enjoyment of the privilege intended to be hereby granted and Subject also to the payment by the said Licensee on the execution of these presents of the Sum of One hundred pounds which sum is in no wont to be returned to the said Licensee but is to be taken so far as it will extend in payment in advance of the Royalty hereby reserved. ------

And whereas the said Licensee hath accordingly paid the said Sum of One hundred pounds to the Governor of Victoria for the use of Her Majesty------

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 raise and export from the said Island for his own use and benefit such quantities of Guano 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 Island all such buildings roads jettys or other works as may be requisite and necessary for his operations in the raising and exporting such Guano

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 Majestys 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 January and the first day of July in each year specifying in Tons the quantity of Guano shipped from the said Island during the half year to which such Statements respectively shall relate together with the names tonnage and destinations of the Vessels in which the same shall have been shipped 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

Licence Bramble Cay - p1


Image Transcript Margin Notes Body of Transcript
4061 P0 01 0014 small.jpg 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 or 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 -----

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 to the Government of Victoria 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 two shillings for every ton of Guano which shall be exported from the said Island during the first two years of the said term of Seven years and a royalty at the rate of four shillings for every ton which shall be exported during the remainder of the said term. Provided that the Sum of One hundred pounds paid by the said Licensee on the execution of these presents as aforesaid shall be taken in payment so far as it will extend on account of royalties to accrue under this Licence. -----

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 Island and shall properly feed support and treat all laborers and others who may be employed by him on the said Island 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 on the said Island and the said Licensee shall not practise or resort to any punishments or methods of coercing labour which in the opinion of the 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 Island the said Licensee shall within one year from the date hereof plant and during the continuance of this Licence maintain on at least two conspicuous spots on the said Island Cocoa Nut trees Palms or other quick growing trees and shall also build 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 Island 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 exported from the said Island in any one year from the first day of January One thousand eight hundred and seventy three as much as ten hundred tons of Guano 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 raise and export Guano 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 Island and all Guano 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 Majestys Treasury as to the amount of such expenses shall in all respects be final. -----

In witness whereof the Right Honorable John Henry Thomas Viscount Canterbury Knight Commander of the Most Honorable Order of the Bath Governor of the Colony of Victoria hath hereunto set his hand and seal the day and year first above written

Signed sealed and delivered by the said John Henry Thomas Viscount Canterbury in the presence of

Rob Wadsworth

Clerk in the Office of the Governor of Victoria

Canterbury

Governor [ seal ]

Signed sealed and delivered by the said Louis Lawrence Smith in the presence of

Rob Wadsworth [ seal ]

Clerk in the Office of the Governor of Victoria

Louis L. Smith.

Licence Bramble Cay - p2
Facts about "License to raise and export guano from Bramble Cay Island, Louis Lawrence Smith"RDF feed
Has agency urlhttp://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewAgency&entityId=466 +
Has category namePacific Islands +
Has coordinates9° 7' 59" S, 143° 52' 1" ELatitude: -9.133
Longitude: 143.867
+Google maps
Has form nameTranscribed Record Form +
Has imagehttp://wiki.prov.vic.gov.au/images/9/9c/4061_P0_01_0013_small.jpg + and http://wiki.prov.vic.gov.au/images/e/ed/4061_P0_01_0014_small.jpg +
Has image captionLicence Bramble Cay - p1 + and Licence Bramble Cay - p2 +
Has keywordslicense +, licence +, guano +, pacific islands + and bramble cay island +
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%20relating%20to%20Pacific%20Islands%201840s%20-%20Current +
Has rightshttp://www.prov.vic.gov.au/copyright +
Latitude-9.133 +
Located inBramble Cay Island +
Longitude143.867 +
Page has default formThis property is a special property in this wiki.Transcribed Record Form +
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