APPENDIX. 



Society to 

 apply tliree- 

 fiftha of 

 their share 

 of surplus in 

 liquidating 

 debentures. 



Conse- 

 quences of 

 failure to 

 pay rent. 



good. 



Renewal of 

 lease. 



Conditions 

 on which 

 Commis- 



17. The Society shall devote and apply towards the liquidation of the 

 debt of £40,000 (being the amount which they have so raised by debentures 

 as hereiubefore recited), three-fifths of the money actually received by them 

 from time to time in respect of the "receipts from the gardens," after the 

 payments directed to be retamed out of the said receipts for expenses and 

 interest by the Society, and the rent to the Commissioners. 



18. In case it shall happen, after the expu-ation of the first five years ot 

 tlie lease, that the smn or sums payable thereunder to the Commissioners as 

 rent, shall fail in every one of any five consecutive years subsequent to the 

 first five years to be equal to the sum of £2,145 per annum, then, and in any 

 such case, it shall be lawful for the Commissioners to re-enter upon the said 

 demised premises, and to resume full and absolute possession thereof, with all 

 improvements therein, and all erections thereon, and with all the plants, shrubs, 

 and trees in and about the same, and out of whatever fund the same may 

 have been paid for, and that without making any compensation whatsoever to 

 the Society. Provided always, that the right of re-entry shall not arise if the 

 Commissioners, from the commencement of the tenn, have under the aforesaid 

 provisions, received such a sum of money for rent as would, reckoning from 

 suclr commencement to the expiration of tlie last year in whicli such continued 

 deficiency shall occur, amount to an average sum of £2,145 per annum. 



19. The Society sliall not require the Lessors' title to be deduced, nor 

 shall any objection be made on the ground that a part or the whole of the 

 ground to be demised is on mortgage, and tliat the mortgagees do not concur. 



20. The Society shall have the right of giving to the Commissioners, two 

 years before the expiration of the tenn of 31 years (provided such lease shall 

 not have been previously determined or become subject to be determined 

 mider the proviso for re-entry liereinbefore mentioned or contained), a notice 

 in m'iting calling upon the Commissioners to renew the lease to be so granted 

 for a further term of 31 years, to commence at the expiration of the first tenn 

 of 31 years, subject to all and every the terms and conditions on which the 

 original tenn is to be granted, except the right of renewal, and except as 

 hereinafter appears. And hi case of such notice being given, the Com- 

 missioners (provided the original term shall not have become liable to for- 

 feiture after the giving of such notice) will either gi'ant a renewal in 

 accordance with such notice and these presents, or, at their option, may 

 decline to grant such renewal on the tenns and conditions of their taking 

 upon themselves at the end of the original tenn of 31 years, the payment 

 of such amount of the original debentm'e debt of £40,000 as may remain 

 unpaid and undischarged at the ex-piration of that term, provided such 

 amount do not exceed £20,000, or upon condition of taking upon themselves 

 the payment of £20,000 part of such debt, if there remain owing a larger 

 sum than £20,000 at the expii-ation of such term, which sum of £20,000 so 

 to be paid by the Commissioners shall be applied in discharge or satisfaction 

 of the unpaid debentures for the time being rateably and without preference 



