150

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150

Kingston the lessors of the one part and the Power Dry
Dock Company of Kingston the lessees of the other part leasing
to the said lessees all that parcel of land being that part
of Union Street in the City of Kingston lying South Easterly
of a line running across the said street at right angles
to the line of direction thereof sixty one feet distant from the
south easterly boundary of Ontario Street in the said City but
excepting and reserving a way or lane twelve feet wide along
the South westerly side of said Union Street for a distance
of one hundred and eighteen feet south easterly from the
first above mentioned line the said described promises having
been divested and declared free of all public uses, trusts
rights and purposes and rested in the said Corporation by an
Act of the Ontario Legislature passed in the year 1874 and were
so leased to the said company for a term of nine hundred
and ninety nine years to be computed from the first day of January 1875 for the uses and purposes of a Dry or graving
dock to be constructed thereon by the said Company the annual
rent reserved being one dollar

and Whereas in and by the said lease it was among other
things provided that unless the said Company their successors on
assigns did and should well and truly before the expiration
of three years from the first day of July 1875 have the said
dry or graving dock constructed finished and in working
order the said lease and the term thereby granted should be at
an end and determined and the said Corporation their Successors
or assigns should have again repossess and enjoy the said demised
premises and every part thereof in their first and former estate

And whereas the said dry or graving dock has not yet been
Constructed or finished or in working order although the time
limited in the said lease for its being so has been at the request
of the said company extended from time to time by the Council
the last of such extensions expiring on the Nineteenth day of
October in the present year 1888 and owing to the Circumstances
of the Company it seems impossible that they should ever be able
to Construct the said dock and more than sufficient time having been
already allowed them

It is therefore moved by Ald: McIntyre seconded by Ald
Gaskin and

Resolved, that no further time be granted to the said
Company for the Construction of the said dock that the said lease
of the said described premises to the said Company and the term
thereby granted therein are hereby declared to be forfeited by the
said Company and to be at an end and to have ceased and
terminated on the twentieth day of October in the present year
1888. and from thenceforth but all the said Corporations remedies
and rights against the said Company under the said lease shall remain to the said Corporation notwithstanding and as to all such remedies and rights of the said corporation the said lease and its provisions shall continue to be in force and that the
City

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