APPENDIX. 



Three-fifths 

 'jf surplus to 

 be applied in 

 liquidation 

 of deben- 

 tures. 



Conse- 

 quences of 

 failure to 

 pay rent 

 altered to 

 suit addi- 

 tional sum 

 borrowed. 



Clause 20 

 of first 

 agi-eement 

 altered to 

 include 

 additional 

 sum bor- 

 rowed. 



the said several payments hereinbefore directed to be made or retained out of 

 the " receipts fi-om tlie gardens," there shall be paid to the Commissioners 

 for their own. use, and as additional rent yearly, whether or not they make 

 any additional outlay, a sum equal to half such surplus. 



5. The 17th Clause of the said recited agreement shall be altered as 

 follows, viz., the Society shall devote and apply towards the liquidation of 

 their debenture debt, whether it amount to the original sum of £40,000 only, 

 or any increased amount under the authority of Clause 1 of this agreement, 

 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 

 retained out of the said receipts for expenses and interest by the Society and 

 the rent to the Commissioners. 



6. The 18th Clause of the said recited agreement shall bo altered as 

 follows, viz., in case it shall happen after the expiration of the first five years 

 of the 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 £2145 per annum, in case only that sum 

 shall be payable, or to such larger amount as is hereby made payable as rent to 

 the Commissioners, in respect of any additional outlay under Clause 2 of this 

 agreement, if such increased rent become payable, 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 whatsoever 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 term have, 

 under the provisions herein or in the said recited agreement contained, 

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

 commencemement to the expiration of the last year in which such continued 

 deficiency shall occur, amount either to an average sum of £2145 per 

 annum (if only £50,000 shall have been expended by them), or (in case of 

 an additional outlay by the Commissioners under the 2nd Clause of these 

 presents) to an average sum eqiial to £2145 and interest of £4 5s. per cent, 

 per annum on the amount of such additional outlay. 



7. Provided always that nothing herein contained or to be done under the 

 authority of these presents shall alter or prejudice the rights of the respective 

 parties under Clause 20 of the said recited agreement, save and except that in 

 estimating the debenture debt of the Society for which under that clause 

 provision or compensation is to be made by the Commissioners, regard shall 

 be had not only to the original debt raised by the Society, but to the increased 

 or additional debt raised by the Society under the authority of these presents ; 

 and in case the aggregate amount of those debts remaining unsatisfied shall 

 exceed £20,000, the said Clause No. 20 shall be read as if the sum named for 



