Schedule., The Diamond Supplementary Agreement (1955) Ratification Ordinance, 1956

AN AGREEMENT made the Thirtieth day of December One thousand nine hundred and fifty-five BETWEEN THE CROWN AGENTS FOR OVERSEA GOVERNMENTS AND ADMINISTRATIONS whose office is at No. 4 Mill bank in the City of Westminster acting for and on behalf of the Government of the Colony and Protectorate of Sierra Leone (hereinafter called " the Government ") of the one part and SIERRA LEONE SELECTION TRUST, LIMITED, whose registered office is situate at Selection Trust Building, Mason's Avenue, Coleman Street in the City of London (hereinafter called " the Company ") of the other part. WHEREAS: A. This Agreement is supplemental to- (i) A Deed dated the Twentieth day of October One thousand nine hundred and thirty-four (hereinafter called " the Licence ") and made between Thomas Nelson Goddard, M.B.E., the then Acting Governor of the Colony and Protectorate of Sierra Leone aforesaid acting on behalf of the Government of the one part and the Company of the other part; (ii) An Agreement dated the Fifteenth day of April, One thousand nine hundred and thirty-five (hereinafter called " the First Supplemental Agreement ") and made between the Crown Agents for the Colonies acting for and on behalf of Henry Monck-Mason Moore, c.M.G., the then Governor of the Colony of the first part Consolidated African Selection Trust, Limited, of the second part and the Company of the third part; and (iii) Two Agreements dated the Eighteenth day of October One thou.sand nine hundred and fifty-one and the Sixteenth day of March One thousand nine hundred and fifty-four (hereinafter respectively called " the Second Supplemental Agreement " and " the Third Supplemental Agreement ") each made between the said Crown Agents for the Colonies acting for and on behalf of the Government of the one part and the Company of the other part. B. By the Licence (as amended by the First Supplemental Agreement) the Company was granted for the term of Ninety-nine years from the First day of July One thousand nine hundred and thirty-three a sole and exclusive licence (subject as therein mentioned) to explore for, exploit, produce, take, dispose of and market diamond throughout Sierra Leone. C. The Government and the Company have consulted together as to the future of the diamond industry in Sierra Leone and have agreed to certain modifications of the rights of the Company under the Licence (as amended by the First Second and Third Supplemental Agreements) on the terms hereinafter contained. D. The Government has agreed to pay the Company in London the sum of One million five hundred and seventy thousand pounds sterling not later than two months after the date of this Agreement. NOW IT IS HEREBY AGREED as follows- 1. THE Licence (as amended as aforesaid) shall be read and construed as if the rights granted thereby and the area comprised therein were a sole exclusive licence for the period mentioned in sub-clause (a) of Clause 3 hereof 2182 Cap. 210] Diamond Agreement (1955) to explore for, exploit, produce, take, dispose of and market diamond throughout (i) the areas at Yengema comprised in Mining Leases numbers 1063, 1064, 1065, 1066, 1067 and 1240 granted to the Company; (ii) the area in the Tongo area in Lower Bambara Chiefdom of Kenema District roughly delineated on the plan which accompanied the application of the Company dated the Fifteenth day of November One thousand nine hundred and fifty-four for a Mining Lease; (iii) an area not exceeding Fifty square miles adjoining the area mentioned in paragraph (ii) above to be selected by the Company as hereinafter provided; (iv) three further areas not exceeding in total Fifty square miles adjoining one or more of the areas mentioned in paragraph (i) above and within the area of Exclusive Prospecting Licence No. 1239 such further areas to be selected by the Company as hereinafter provided; (v) two further areas not exceeding Fifty square miles and One hundred square miles respectively within the area of Exclusive Prospecting Licence No. 1239 to be selected by the Company as hereinafter provided. 2. (a) THE Company shall so soon as practicable but in any case not later than the Thirty-first day of December One thousand nine hundred and fifty-six select the area not exceeding Fifty square miles referred to in paragraph (iii) of Clause 1 hereof such selection to be subject to agreement with the Chiefs and Tribal Authorities therein. (b) THE three areas referred to in paragraph (iv) of Clause 1 hereof and the two areas referred to in paragraph (v) of Clause 1 hereof shall be selected by the Company in the following manner or in such other manner as the Company and the Government may agree- (i) The Company shall not later than the Thirty-first day of December One thousand nine hundred and fifty-five select the three areas referred to in the said paragraph (iv). (ii) The Company shall not later than the Thirtieth day of September One thousand nine hundred and fifty-six select the first area referred to in the said paragraph (v) Provided always that such area shall not comprise any part of an area or areas not exceeding Fifty square miles in all which the Government shall be at liberty at any time after the Company shall have selected the three areas referred to in the said paragraph (iv) but prior to the Thirty-first day of March One thousand nine hundred and fifty-six to reserve for licensed African digging and in respect of which it shall have exercised such right. (iii) The Company shall not later than the Thirty-first day of December One thousand nine hundred and fifty-seven select the second area referred to in the said paragraph (v) Provided always that such area shall not comprise any part of the area or areas referred to in the proviso to the last preceding paragraph or of a further area or areas not exceeding Fifty square miles which the Government shall be at liberty at any time after the Company shall have selected the first area referred to in the said paragraph (v) but prior to the Thirty-first day of December One thousand nine hundred and fifty-six to reserve for licensed African digging and in respect of which it shall have exercised such right. ..ll~ Diamond Agreement (1955) [Cap. 210 (c) THE selection of an area by the Company or the reservation of an area by the Government under the foregoing provisions of this Clause shall be carried out by means of a notice in writing to the other party hereto accompanied by a plan delineating the area concerned.