Second Schedule., The Diamond Agreements Shor: ti~Ie

AN AGREEMENT made the 15th day of April 1935 between the Crown Agents for the Colonies whose offices are at Number 4 Millbank in the City of Westminster (who and the Crown Agents for the time being are hereinafter referred to as " the Crown Agents ") acting for and on behalf of Henry Monck-Mason Moore Esquire C.M.G. Governor of the Colony and Protectorate of Sierra Leone (hereinafter referred to as " the Governor " which expression shall include his successors in office) of the first part Consolidated African Selection Trust Limited whose registered office is at Selection Trust Building Mason's Avenue Coleman Street in the City of London (hereinafter referred to as "the Tust ") of the second part and Sierra Leone Selection Trust Limited a Company incorporated in England under the Companies Act 1929 and having their registered office at Selection Trust Building Mason's Avenue aforesaid (hereinafter referred to as " the Company ") of the third part Whereas- (i) This agreement is supplemental to- (a) An Agreement (hereinafter called "the Principal Agreement") dated the 5th day of October 1934 and made between the Crown Agents of the one part and the Trust of the other part and (b) a Licence (hereinafter called " the Licence") dated the 20th day of October 1934 granted by Thomas Nelson Goddard Acting Governor of the Colony and Protectorate of Sierra Leone to the Company in the form Scheduled to the Principal Agreement. (ii) It has been mutually agreed First as between the Crown Agents and the Trust and Secondly as between the Governor and the Company that the Schedule to the Principal Agreement and the Licence shall be amended and read and construed respectively in manner hereinafter appearing Now IT IS HEREBY AGREED as follows- 1. The Crown Agents and the Trust hereby agree and declare that Clause 2 (i) (hereinafter called the amended clause) set forth in the Schedule hereunder written shall be substituted for Clause 2 (i) in the Schedule to the Principal Agreement and that such Agreement shall be read and construed as if the amended clause had been contained in the Schedule to the Principal Agreement in place of Clause 2 (i) therein 2. The Governor and the Company hereby agree and declare that the amended clause shall be substituted for Clause 2 (i) in the Licence and that such Licence shall be read and construed as if the amended clause had appeared therein in lieu of Clause 2 (i) therein 3. It is hereby mutually agreed and declared First as between the Crown Agents and the Trust and Secondly as between the Governor and the Company that save as hereby modified the Principal Agreement and the Licence shall remain in full force and virtue respectively 4. The Company shall on the execution of this Agreement pay to the Crown Agents all sums payable by the Crown Agents to their Solicitors for or in respect of their costs charges disbursements and expenses in or about the negotiations for preparation approval execution and stamping of this Agreement Diamond Agreement (1934 and 1935) [Cap. 207 2165 -----~-~~--~--------- 5. The Crown Agents enter into this Agreement for the purpose of binding the Governor but neither the Governor nor the Crown Agents shall be in anywise personally liable for any default or omission in relation to any of the matters herein contained 6. This Agreement shall be construed and take effect and the rights of all parties claiming hereunder shall be regulated according to the Law of England In Witness whereof Sir William Frederick Gowers one of the Crown Agents for the Colonies has hereunto set his hand and seal and the Trust and the Company have respectively caused their respective Common Seals to be hereunto affixed the day and year first above written THE ScHEDULE above referred to 2. (i) The Governor hereby grants to the Company for the term of 99 years from the 1st day of July 1933 (determinable as hereinafter provided) a sole and exclusive licence to explore for exploit produce take dispose of and market diamond throughout the area comprised in the Licence but this Licence shall not confer upon the Company any right which restricts or interferes with the exercise of any subsisting right of a holder of a mining lease, a mining right, or an exclusive prospecting Licence granted to him in respect of any minerals or substances other than diamond prior to the 1st day of July 1933, and any right granted under this Licence shall only be exercised subject to the prior rights of such holder. Signed Sealed and Delivered} by Sir William Frederick Gowers one of the Crown W. F. Gowers Agents for the Colonies in the presence of- F. G. BRADSTREET, 4, Millbank, London, S.W.l. Civil Servant. The Common Seal of Consoli-} dated African Selection Trust Limited was hereunto affixed in the presence of- A. CHESTER BEATTY, I._ Directors. W. SELKIRK, f R. ANGUS, Acting Secretary. The Common Seal of Sierra} Leone Selection Trust Limited was hereunto affixed in the presence of- A. CHESTER BEATTY, }Directors. C. W. BOISE, R. ANGUS, Acting Secretary. (L.S.) (Seal) (Seal)