THIS INDENTURE made the tenth day of April one thousand nine hundred and one BETWEEN THE AGRICULTURAL AND HORTICULTURAL SOCIETY OF INDIA a Society registered under the provisions of Act 21 of 1860 of the Legislative Council of India (hereinafter called the said Society) of the first part, Henry Cooper Eggar of 1 Alipore Lane in the Suburbs of Calcutta Solicitor President of the said Society David Prain M.A.M.B.F.R.S.C. Superintendent of the Royal Botanic Garden Sibpur in the District of Howrah and a Major in the Indian Medical Service the Honourable Francis Alexander Slacke, B.A.J.P. Member of the Indian Civil Service Secretary to the Government of Bengal in the General Revenue and Statistical Departments Robert George Girard of Ghoosery in the District of Howrah Collector of Income Tax Bengal and Joygobind Law C.I.E.of 24 Sukeas Street Calcutta Zemindar the four vice-presidents of the said Society His Grace the Most Reverend Doctor Paul Count Goethals S.J. Archbishop of Calcutta the Palace 12 Park Street Calcutta Protapa Chundra Ghosha of 26 Baranasi Ghose's Street Calcutta Zemindar Francis Granville Clarke of 4 Alipore Lane Calcutta Agent Rajah Peary Mobun Mookerjee C.S.I. of Utterpara in the District of Hooghly Zemindar Edward Jeremiah King of 9 Victoria Terrace Calcutta Broker Williar, Graham of Garden Reach in the Suburbs of Calcutta Barrister-at-Law Prosonno Coomar Banerjee Rai Bahadur of Ariadah in the District of the Twenty-four Pergunnahs Zemindar John Ross Bertram of 101 Clive Street Calcutta Merchant William Dickson Cruickshank of 2 Esplanade West Calcutta Banker Owen Brochwel Grilfiths of 3 Mangoe Lane Calcutta Broker Kailas Chundra Basu Rai Bahadur C.I.E. of 72 Sookeas Street Calcutta Doctor of Medicine and George Burgh McNair of 1 Hastings Street Calcutta Solicitor, all Members of the said Society of the second part, and The Secretary of State for India in Council (hereinafter called the Secretary of State) of the third part.
WHEREAS in the year one thousand eight hundred and forty at meetings of a Committee of subscribers to a fund raised with the object of perpetuating the name and administration of Sir Charles Theophilus Metcalfe Baronet (afterwards created Baron Metcalfe) Governor General of India to which fund the Agricultural and Horticultural Society of India as then constituted and the society known as the Calcutta Public Library were contributors, it was resolved to erect a building in Calcutta of two storeys which should be devoted as to the lower storey thereof to the purposes of the said Agricultural and Horticultural Society of India and as to the upper storey thereof to the purposes of the Calcutta Public Library AND WHEREAS application having been made by the said Committee of subscribers to the Government of India for a suitable site for the building to be erected as aforesaid the piece or parcel of land in the schedule hereto particularly described was in the year one thousand eight hundred and forty made over by the Government of India to the said Agricultural and Horticultural Society of India and the said Calcutta Public Library subject only to the conditions following namely that the building to be erected thereon with the object and for the purposes aforesaid should be ornamental and substantial and that on failure on the part of the said Agricultural and Horticultural Society of India and the Calcutta Public Library to keep the said building in repair the said piece or parcel of land should revert to the Government of India or at least that the said building should not without the consent of the Government of India be alienable to other purposes than for the use of the said Agricultural and Horticultural Society of India and the said Calcutta Public Library AND WHEREAS thereafter by application of the balance of the said fund in the hands of the said Committee of subscribers augmented by further substantial contributions by the said Agricultural and Horticultural Society of India and the said Calcutta Public Library an ornamental and substantial building suitable for the purposes of the said Agricultural and Horticultural Society of India and the said Calcutta Public Library was erected on the said piece or parcel of land which building on the completion thereof was designated and has ever since been known as the Metcalfe Hall AND WHEREAS so far as is known no conveyance or other assurance of the said piece or parcel of land was at any time executed to or in favour of the said Agricultural and Horticultural Society of India and the said Calcutta Public Library AND WHEREAS on the ninth day of September one thousand eight hundred and sixty-one the said Agricultural and Horticultural Society of India was registered under the provisions of Act 21 of 1860 of the Legislative Council of India and the said Society so registered is the said Society party hereto of the first part AND WHEREAS the said Society and the said Calcutta Public Library as at present constituted are possessed of and entitled in perpetuity to the said piece or parcel of land and the aforesaid building known as the Metcalfe Hall and other the out-buildings erected and being thereon as tenants in common in equal shares AND WHEREAS the said persons parties hereto of the second part are the present Council and governing body of the said Society AND WHEREAS the Secretary of State being desirous of acquiring the said Metcalfe Hall and other the land and buildings aforesaid an offer was recently made by the: President of the said Society to and accepted by the Government of Bengal on behalf of the Secretary of State for the sale and transfer of the undivided moiety or half part or share of the said Society of and in the said Metcalfe Hall and land and buildings aforesaid to the Secretary of State for the price or sum of Rupees twenty-five thousand in cash and a permanent annuity of Rupees six thousand per annum such offer and acceptance being made subject to the approval and confirmation thereof by the said Society in general meeting AND WHEREAS at general meetings of the said Society duly convened and held in accordance with the bye-laws and regulations of the said Society on the fourteenth day of March one thousand and nine hundred and the twenty seventh day of April one thousand and nine hundred the following resolution was passed namely that the conditional offer made by the President to and accepted by the Government of Bengal for the transfer to the Government of India of the right title and interest of this Society in the Metcalfe Hall property in consideration of a permanent annuity of Rupees six thousand unfettered by any conditions affecting its enjoyment and a sum of Rupees twenty-five thousand in cash be and is hereby adopted and confirmed and that the President be and is hereby authorized to carry such transfer into effect Now THIS INDENTURE WITNESSETH that in consideration of the sum of Rupees twenty-five thousand on or before the execution of these presents paid by the Secretary of State to the said Society (the receipt whereof the said Society and the said persons parties hereto of the second part hereinafter called the said governing body do hereby respectively acknowledge and therefrom do hereby respectively release the Secretary of State his successors in office and assigns) and also in consideration of the permanent annuity or clear yearly sum of Rupees six thousand to be henceforth paid by the Secretary of State his successors in office and assigns to the said Society or its assigns at the times and in the manner hereinafter mentioned the said Society and the said governing body respectively do hereby grant and transfer unto the Secretary of State ALL that the one equal undivided moiety or half part or share of the said Society of and in all that piece or parcel of land more particularly described in the schedule hereunder written and the building known as the Metcalfe Hall and all the other out-buildings erected and being thereon AND ALSO of and in all ways passages drains rights privileges easements and appurtenances whatsoever to the said piece or parcel of land and buildings or any of them or any part thereof belonging or with the same now or heretofore held and enjoyed or reputed or known to be part or parcel thereof or appurtenant thereto AND all the estate right title and interest claim and demand of the said Society into or upon the said premises or any part thereof TO HAVE AND TO HOLD the said one equal undivided moiety or half part or share and all other the estate right title and interest of the said Society of and in the said piece or parcel of land and buildings and all other the premises hereinbefore expressed to be hereby granted and transferred unto and to the use of the Secretary of State his successors in office and assigns for ever AND the said Society and the said governing body for and on behalf of the said Society (but not so as to bind themselves personally) do hereby respectively covenant with the Secretary of State his successors in office and assigns that notwithstanding anything by the said Society at any time done or knowingly suffered the said Society now have full power in manner aforesaid to grant and transfer the said one equal undivided moiety or half part or share of and in the said piece or parcel of land buildings and premises hereinbefore expressed to be hereby granted and transferred unto and to the use of the Secretary of State his successors in office and assigns AND that the said one equal undivided moiety or half part or share of and in the said piece or parcel of land buildings and premises and every part thereof shall remain and be to the use of the Secretary of State his successors in office and assigns in the manner aforesaid and shall be quietly entered into and upon and held and enjoyed without any interruption claim or demand by the said Society or any person or persons claiming under or in trust for them AND that discharged from or otherwise by the said Society sufficiently indemnified against all incumbrances claims and demands created by the said Society or any person or persons claiming or to claim through under or in trust for the said Society AND that the said Society and every person claiming through under or in trust for them will at all times at the cost of the Secretary of State his successors in office or assigns execute and do all such assurances and things for further or more effectually assuring the said one equal undivided moiety or half part or share of and in the said piece or parcel of land buildings and premises to the use of the Secretary of State his successors in office and assigns as shall be reasonably required AND the Secretary of State cloth hereby for himself and his successors in office covenant with the said Society and their assigns that he the said Secretary of State and his successors in office will henceforth and for ever pay to the said Society or their assigns an annuity or yearly sum of Rupees six thousand on the first day of April in every year and will make the first of such payments on the first day of April one thousand nine hundred and one and will make all the said payments without any deduction.
The schedule above referred to.
ALL that piece or parcel of land containing an area of 1 biggah 2 cottahs and 2 2/3 chittacks or thereabouts situate and being No. 12 Strand Road in the Town of Calcutta and forming a portion of Holding No. 20 Block No. 23 in the South Division of the said Town and on which said piece or parcel of land or on some part thereof a building known as the Metcalfe Hall has been erected and which said piece or parcel of land and premises are bounded on the North by Hare Street on the East by the messuage godowns and premises known as No.2 Church Lane belonging to Doorga Churn Law and Chundy Churn Law in the occupation of Messrs. Ralli Brothers on the South partly by the premises No. 11 Strand Road occupied by the Government Stationery Office and partly by the premises Nos.3, 4 and 5 Church Lane in the occupation of the Government Jail Depot and Stationery Office and on the West by the Strand Road.
IN WITNESS whereof the said Society have subscribed their name by their President and Secretary and the said persons hereto of the second part have hereunto set their hands and seals and the Secretary to the Government of India in the Home Department acting for and on behalf of the Secretary of State hath hereunto set his hand and seal the day and year first above written.
(Here follow signatures of parties and witnesses: Not re-printed.)