Then and in such case, on the expiration of the first fourteen of a FARM, years only of the said term, this present indenture of lease, and the term and estate hereby granted, shall cease and be void. IN WITNESS, &c.

THE SCHEDULE REFERRED TO IN THE ABOVE-WRITTEN

INDENTURE.

WITH PROVISIONS FOR

DETER

MINING

LEASE.

No. LXX.

LEASE of COAL MINES: The LESSOR covenants to grant LEASE OF to the LESSEES a further TERM if desired.

COAT. MINES.

day of, BETWEEN Parties.

three beds or seams of

THIS INDENTURE, made the A. B., of &c. [lessor], of the one part, and C. D. and E. F., of &c. [lessees], of the other part: WITNESSETH, that in consideration of the yearly rent, covenants and agreements hereinafter reserved and contained and on the part of the said C. D. and E. F., their executors, administrators and assigns, to be paid, observed and performed, he the said A. B., by these presents, doth demise and lease unto the said C. D. and E. F., their executors, administrators and assigns, ALL THOSE Demise of three beds or seams of coal called —, lying underneath all those seven closes of land, situate, &c., and called or known by the several names and descriptions following, namely [here describe the names of closes], which said closes of land contain together acres or thereabouts, and are now in the occupation of AND ALSO SO MUCH and such part or parts (if any) of the beds or seams of coal underneath the road or way which intersects the said closes, as is or are the property of the said A. B., or as he is entitled to work: AND ALSO FULL AND with liberty FREE LIBERTY, license, power and authority, within the limits &c., of the said beds or seams of coal hereby demised, to dig, sink,

coal,

to sink shafts

COAL MINES.

and to use

ground room &c.,

and to lead away coals,

LEASE OF Work, drive and make such mines, pits, shafts, adits, trenches, soughs, drifts, leats, and watergates as they the said C. D. and E. F., their executors, administrators or assigns, shall think proper for the procuring of any coal in or from all or any of the said beds or seams of coal hereby demised, or any part or parts thereof, and for avoiding and carrying off waters, foul airs and slyth therefrom; and also to make use of such ground room, heap room and pit room as shall be necessary for laying the coal that shall from time to time be got out of such mines or pits, or the cinders into which the same shall be converted, or the stones, gravel, earth and other refuse and rubbish, which shall from time to time be brought to the surface in the course of working the said beds or seams of coal hereby demised; and also to take, lead and carry away with carts, waggons and other carriages, all the coal raised and got out of the said mines; And also to lead and carry all the coals drawn to bank at any pit or pits thereof, through, over and along all or any part of the said several closes of land, the nearest and most convenient way or ways to any place or places where the same and to make shall be delivered; and also in or upon the same closes of land to make, fix, and place any roads, waggon ways or bridges, as occasion shall require; and also in or upon the same closes of land to make, set up and build, and also to remove and pull down, and again, on the same or on any other part or parts of the same closes, to re-erect and rebuild all such fire and other engine houses, stables, hovels, lodges, cabins, sheds, walls and other erections, as shall from time to time be necessary or convenient for the working all or any of the said beds or seams of coal hereby demised, or for getting or procuring the coal therein or therefrom, or for converting the same into cinders, or for laying up and stacking any such coal or cinders, or for more effectually exercising all or any of the liberties, powers and dig stone and authorities hereinbefore granted; and also (for the purpose of making any such roads, bridges, engines, houses, stables, lodges, hovels, cabins, sheds, walls and other erections as aforesaid, and for no other purpose whatsoever), to dig, take and lead away any stone or other materials which is or are under the said closes of land or any of them, or any part or parts thereof: TOGETHER WITH the use of all waters and watercourses, arising

roads,

and build engine

houses,

&c.,

with use of waters.

COAL

MINES.

of right of

or running within the limits of the beds or seams of coal LEASE OF hereby demised, with liberty to direct and turn such waters and watercourses, and to cut any leats or channels for con-ducting or conveying the same in, through, or over any part or parts of the lands lying within the limits of the said beds or seams of coal hereby demised, for the purpose of more effectually exercising and enjoying the liberties, powers and authorities. hereby granted: EXCEPTING ALWAYS, and reserving unto the Reservation said A. B., his heirs and assigns, or other the tenant or tenants, way. occupier or occupiers, for the time being, of the said several closes hereinbefore described, and their workmen and servants, free liberty and authority, with horses, cattle, carts, waggons and other carriages, to pass and go along and across the said roads, waggon ways and bridges, which may be constructed on the said closes hereinbefore described, at such times as he or they shall think proper for any purpose whatsoever, he or they doing or causing no injury nor obstruction to the property or works of the said C. D. and E. F., their executors, administrators or assigns, within the limits of the said beds or seams of coal hereby demised, or of the said close hereinbefore described: AND ALSO EXCEPTING and reserving unto the said A. B., his Reservation heirs and assigns, and his and their stewards, agents, workmen inspection. and servants, free liberty and authority at all convenient times to enter upon the said demised premises, and to view the state thereof, and to inspect, examine and measure the said mines, pits and shafts, which may be made and sunk by the said C. D. and E. F., their executors, administrators or assigns, and for the purposes aforesaid to use the tackle, ropes, buckets and other conveniences within the said mines, pits or shafts, or belonging thereto, as often as he or they shall think proper. TO HAVE, HOLD, USE, exercise and enjoy the said beds or seams Habendum. of coal, liberties, licenses, powers, authorities, and all and singular other the premises hereby granted and demised, or expressed and intended so to be, unto the said C. D. and E. F., their To lessees for executors, administrators and assigns, for and during and unto the full end of the term of years next ensuing the date of these presents, and fully to be complete and ended: YIELDING At rent. AND PAYING therefore yearly and every year during the said term unto the said A. B., his heirs and assigns, the yearly rent follow

of right of

term.

LEASE OF

COAL

MINES.

Proviso for

after pay

ment of a

fixed sum.

ing, (that is to say), on the first day of every year of the said term of years hereby created, the yearly rent or sum of £— (the first payment thereof to be made immediately after the execution of these presents), and on the last day of every year of the said term such further sum (if the case shall so require) as shall, together with the said sum of £- —, be equal to the value of the coal in the same year worked or got, at the rate of £for every acre of ground the coal under which shall be in the same year first got or worked: PROVIDED ALWAYS, and it rent to cease is hereby agreed and declared, that when and so soon as the full sum of £ —, together with such further sum (if any) as shall be equal to the full amount of all the payments for the rent which may be payable in respect of the coal underneath the said road as hereinbefore is mentioned, shall have been paid by the said C. D. and E. F., their executors, administrators or assigns, to the said A. B., his heirs and assigns, by way of rent for the said beds or seams of coal and premises hereby demised, then and in such case the said C. D. and E. F., their executors, administrators and assigns shall henceforth hold the said beds or seams of coals and premises, rent free, during the residue of the said term hereby granted. AND THE SAID C. D. and E. F. do hereby jointly for themselves, their heirs, executors, administrators and assigns, and each of them doth hereby severally for himself, his heirs, executors, administrators and assigns, covenant with the said A. B., his heirs and assigns, in manner to pay rent following, that is to say [covenant by C. D. and E. F. to pay the said yearly rent or sum hereinbefore reserved—and to pay taxes.] pensation in AND ALSO shall and will, in all cases, pay or cause to be paid unto the said A. B., his heirs and assigns, for the benefit of him and them, and his and their tenants respectively, the sum or sums of money hereinafter mentioned, by way of compensation for the use of and occupation of such part or parts of the surface of the said several closes herein before described, as may from time to time be used or occupied by them the said C. D. and E. F., their executors, administrators or assigns, under or by virtue of all or any of the powers, licenses, or authorities hereinbefore contained, and also such other sums of money as shall be awarded in the manner hereinafter mentioned as a compensation for the injury or damage done by the said C. D. and E. F.,

Lessee covenants,

and taxes,

to pay com

certain cases,

COAL

MINES.

injury to sur

their executors, administrators or assigns, or their or any of their LEASE OF agents, workmen or servants, in pursuance of these presents, to the buildings or other property upon the said several closes herein before described, or to the surface of the same: AND FURTHER, that it shall and may be lawful to and for the said A. B., his heirs and assigns, to recover the said several sums of money or compensations by distress upon the said hereby demised premises, in the same manner as the annual rent hereinbefore reserved: AND FURTHER, that they the said C. D. and to fence pits, E. F., their executors, administrators and assigns, shall and will, from time to time, and at all times during the continuance of the said term hereby granted, fence and defend, with proper and suitable posts, rails, fences and walls, all pits, shafts, adits, roads and ways which shall, in pursuance of these presents, be sunk, made or constructed by the said C. D. and E. F., their executors, administrators or assigns, within or upon the said demised premises or the said closes of land, or any of them, or any part or parts thereof respectively. AND FURTHER, that they to do as little the said C. D. and E. F., their executors, administrators and face as posassigns, shall and will, at all times hereafter during the continuance of the said term hereby granted, do as little injury or damage as possible to the surface of the said closes hereinbefore described, or the messuages or tenements, buildings, walls, fences or other property thereon, and shall not nor will not to under injure or endanger the houses, walls, or other erections on the said closes, or any of them, by undermining the foundations of the same or any of them: AND FURTHER, that they said C. D. not to get and E. F. shall not nor will, at any time or times during the for building, continuance of the said term hereby granted, without the consent in writing of the said A. B., his heirs or assigns, first had and obtained, get or procure any stone from any part of the said demised premises, except for the purpose of making such roads, engines, houses, stables, hovels, lodges, cabins, sheds, walls and other erections as hereinbefore are mentioned, or apply or dispose of the same when so got or procured, except for the purposes aforesaid: AND FURTHER, that they the said C. D. to give notice and E. F., their executors, administrators and assigns, shall and work pits, will, from time to time, when and so often as they shall cease or discontinue to work any pit or shaft, pits or shafts, in any

sible,

mine houses,

stone except

on ceasing to