NEW CHARTER AND AGREEMENTS. 



havina; been borrowed, or for the borrowing of which arrangements had been ThMAgiee 



° ' o o ment with 



made, and may within the like period lay out and expend the smn or sums so 

 borrowed in addition to the original sum of £50,000 therein mentioned of the tinmd). 

 said Society, in and about such works and things as are in the clause in the 

 said Agreement now iu recital refeiTed to as the 1st clause of the said therein- 

 recited Agreement (being the clause secondly mentioned in the recital herein- 

 before contained of such Agreement) undertaken to be done by them, and in 

 and about which such original sum of £50,000 is required by that clause to 

 be expended, and that the Commissioners may at any time before the 1st day 

 of Januaiy, 1864, lay out and expend such smn or smns of money as they 

 may thihk fit, not exceeding in the w'hole the sume of £10,000, in addition to 

 the original sum of £50,000 in the clause iu the said Agreement now in 

 recital refeiTed to as clause 2 of the said therein-recited Agreement (being the 

 clause thirdly mentioned in the recital hereinbefore contained of such Agree- 

 ment) mentioned in and about such works, matters, and things as by that 

 clause are undertaken to be done by them, and in and about which the same 

 sum of £50,000 is required by that clause to be expended by them, and 

 further that in case both or either of the parties thereto should think fit to 

 make any such outlay, such parties respectively or party shall have no claim 

 or demand against the other of them or against the gardens, or against the 

 receipts fi'om the gardens, save and except as thereinafter mentioned ; t'icle- 

 Ucet, that witli a view to compensate such parties respectively, or party, in some 

 degree for such additional outlay, the following alterations should be made 

 in the said therein-recited Agreement and in the lease to be granted pm-suant 

 thereto, videlicet, the 14th clause (which provides for the application and dis- 

 position of the " receipts from the gardens," as hereinbefore mentioned) shall be 

 altered and amended as follows, viz : — Out of the gross amount of tlie receipts 

 fi'om the gardens there shall be first retained by the said Society such a sum 

 as shall from time to time be allowed by the Expenses Committee, mentioned 

 in the therein and first herein-recited AgTcement in respect of the expenses 

 mentioned in the said Agreement now in recital, being the same expenses as 

 in the said therein and first herein-recited Agi-eement are directed to be first 

 retained by the said Society from and out of the " receipts from the gardens." 

 2ndly. There shall be then retained by the said Society out of such receipts 

 the amoimt which may be ft'om time to time payable by the said Society in 

 respect of interest not exceeding £5 per cent, per annum, on the sum of 

 £40,000 originally borrowed or agreed to be borrowed by them on debentures 

 as aforesaid and on any further smn or sums they may borrow and expend in 

 accordance with clause 1 of the Agreement now in recital, not exceeding 

 £10,000, or on so much of the original and additional sums as for the time 

 being may have been raised and shall not have been paid off ; and, 3rdly, 

 there shall then be paid by the said Society to the said Commissioners, as 

 rent, the yearly sum or sums therein and hereinafter in that behalf mentioned, 

 if the receipts shall be adequate for such pajmrent, after retaining to the said 



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