custom, and seldom prevails in any locality in which coals are scarce or dear; or where the mines are situated in a cultivated part of the country, where the working of a smelting-house would be prejudicial to the surface produce of the land: (see the form of conveyance of the above kind, 1 Con. Prec., Part III., Section III., No. VI., clause 146, 628, 2nd edit.)

6. Provisoes.

Usual provisoes.]—The usual provisoes in a mining sett are for authorizing the grantor to avoid the sett for nonpayment of rents and dues, or for breach of covenant: (see the form 1 Con. Prec., Part III., Section III., No. II., clause 11, p. 584, 2nd edit.) And in some setts the grantees are also authorized to determine the term, in case the mines should turn out to be unproductive. Whenever a clause of this kind is to be inserted, the grantor's solicitor should take care to make this right of the grantees to determine the term conditional upon their giving some certain fixed previous notice to the grantor, and also paying all arrears of rent, and performing all the covenants and agreements on their parts to be paid, observed, and performed: (see the form 1 Con. Prec., Part III., Section III., No. V., clauses 21, 22, pp. 617, 618, 2nd edit.)

Special provisoes.]-In addition to the usual provisoes, special provisoes are sometimes inserted; one of these occurs where in addition to the dues a yearly rent is reserved (as is frequently the case in setts or leases of coal mines or quarries, although not very common in similar grants relating to mines of metals and metallic minerals), and this rent is designed to be suspended in cases where, without any default on the part of the adventurers, the workings of the mine are stopped by fire, water, or any other inevitable cause_or accident; but this proviso ought to be qualified by a further proviso, that if the stoppage of the workings is caused by the default of the grantees or adventurers, that all the reserved rents and payments shall still continue payable, in precisely the same manner as if no such stoppage in the workings had ever taken place.

III. MINING LEASES.

There is little difference in the wording of an actual lease of mines from that of a licence to search for minerals. The distinction consists in the operative words in the granting

and habendum clauses, which in a lease of mines are the same as those contained in an ordinary demise of lands; but the reddendum clause, covenants and provisoes, are penned precisely in the same form, whether the grant be of a mere licence to search, of an actual lease of the mine itself. The instruments themselves have, however, as we have already remarked, a different operation; a lease conferring an actual property in the minerals themselves; whereas the licence confers no property until they are actually raised, and the grantee has reduced them into his possession: (see the form of leases of mines, 1 Con. Prec., Part III., Section IV., Nos. V. and VI., pp. 608, 609, 2nd edit.)

IV. SETTS AND LEASES OF COAL MINES AND QUARRIES.

Setts and leases of coal mines and quarries are penned in much the same manner as those relating to mines of ores and metals; but in setts and leases of coal mines it is a usual practice to reserve a surface rent in addition to a render of the dues or profits of the mine, which is not often done in setts of mines of lead, tin, copper, or other mineral productions: (see the form 1 Con. Prec., Part III., Section III., No. VI., clauses 4 and 5, pp. 612, 613, 2nd edit.) Still, the covenants in both kinds of grants are much the same. These, on the part of a grantee of a coal mine, generally are, for payment of the rent and dues; to carry on the workings in a proper manner, and not to discontinue such workings unless in the case of inevitable accident; to lay aside the earth and soil raised; to secure and keep open pits and shafts; to keep the mines sufficiently drained and supported; to do no act whereby the mines may be damaged or endangered; to fill up pits and shafts upon notice; that lessor shall be at liberty to inspect mines; that lessee will keep a proper weighing machine, and weigh all the coal raised therein; keep proper books of account, to be open for grantor's inspection at all reasonable times; and to leave the mine, at the expiration of the term, with all such fixtures and machinery therein as the grantor may choose to purchase (see the form 1 Con. Prec., Part III., Section III., No. VI., clauses 6 to 18 inclusive, pp. 613, 616, 2nd edit.)

Usual covenants entered into by lessor.]—The lessor usually covenants for the peaceable enjoyment by the lessee during the term; but sometimes he enters into qualified covenants that he has good right to demise the sett, or grant the lease

for quiet enjoyment and freedom from incumbrances, and for further assurance: (see the form 1 Con. Prec., Part III., Section III., No. VI., clauses 24, 25, and 26, pp. 619, 620, 2nd edit.)

Provisions usually inserted in leases of coal mines.]—The usual provisoes are for re-entry by lessor for non-payment of rent or breach of covenant, and for the entire or partial suspension of the rents and dues, in case of the accidental stoppage of the working of the mine (see the form I Con. Prec., Part III., Section III., No. VI., clauses 20, 21, pp. 617, 618, 2nd edit.), to which is sometimes added a clause authorizing the grantees to determine the term in case the mines should turn out unprofitable (ib. clause 22), or, in lieu of this clause, either the grantor or grantee is empowered to determine the term upon notice at certain periods as the first five, ten, fifteen years thereof, or the like: (id. ib. note F.)

Arbitration clause.]-It is also very common in grants of the above kind to insert a clause at the end of the deed, stipulating that all matters in dispute concerning anything therein contained shall be referred to the arbitration of two referees or their umpire, whose award shall be made a rule of court, and be binding on all parties: (see the form 1 Con. Prec., Part III., Section IV., No. V., clause 27, pp. 620, 621, 2nd edit.)

Special clauses for purposes connected with the working of the mine.]-In addition to the above clauses, it is a common practice to give the grantees liberty to raise clay from the premises for the purpose of making the bricks for buildings or other purposes connected with the mine; and sometimes authority is given for them to raise and burn limestone, and also to make coke upon the premises: (see form of this kind, 1 Con. Prec., Part III., Section III., No. VI., cluases A., B., and C., pp. 610, 611, in notis, 2nd edit.)

CHAPTER IV.

STAMP DUTIES ON LEASES.

When ad valorem duties were first imposed on leases.]— Stamp duties on leases were first imposed by the statute 44 Geo. 3, c. 98, but were afterwards repealed by the statute 48 Geo. 3, c. 149, and other duties substituted in lieu of them. The latter duties were again repealed by the General Stamp Act (55 Geo. 3, c. 184), which were again repealed by the statute 13 & 14 Vict. c. 97, and other duties substituted, as will be seen by the annexed comparative table of the old and new stamp duties, which have also again been partially altered by the more recent enactment, 17 & 18 Vict. c. 83, in the manner we shall hereafter point out.

When a lease is granted in consideration of a fine and a yearly rent.]-Under the General Stamp Act (55 Geo. 3, c. 184), as also under the statute 13 & 14 Vict. c. 97, a lease granted in consideration of a sum of money by way of fine, without any yearly rent, or with a yearly rent under 20., is charged with the same duty as on a conveyance on the sale of lands for a sum of money for the same amount.

Exception as to leases for lives, &c., and leases of ecclesiastical corporations.]—Save and except a lease for a life or lives not exceeding three, or for a term of years determinable with a life or lives, not exceeding three, by whomsoever granted, and leases for a term absolute, not exceeding twenty-one years, granted by ecclesiastical corporations, aggregate or sole, which, under both the above-mentioned acts, are expressly exempted from the duties on conveyances upon the sale of lands, but, not being exempted from all stamp duty, will require the common deed 17. 15s. stamp.

A Comparative Table of Old and New Duties on Leases in England and Scotland.

Leases for a less period than a year, how chargeable with stamp duty.]-But under the more recent statute 17 & 18 Vict. c. 83, leases for a less period than a year are now charged with a stamp duty which would be chargeable on a lease at a yearly rent of the same amount as the sum actually reserved as the rent for the time for which the premises are let.

Where a lease is granted in consideration of a fine, and also of a rent.]-A lease granted in consideration of a fine, and a yearly rent of 201. or upwards, is chargeable both with