LEASES (MINING).

Unopened

PARCELS.

I. ALL THOSE pieces of land, &c., described with reference mines with to schedule and map, p. 346, and all coal, cannel, ironstone,

surface.

Mines without

seam of coal called

seam,

building-stone, and clay, or, "and all that mine, bed, or
[and all other, if any, the mines,
beds, or seams of coal overlaying, or, "situated below," the
seam] and all seams or beds of fireclay associated and
capable of being worked in conjunction with the
[or with any such other mine or seam of coal as afsd]," or,
"and all mines, veins, and beds of tin, tin ore, copper,
copper ore, lead, lead ore, and other metals, ores, and
metallic minerals whatsoever," situate, lying, and being in
or under the sd pieces of land. Togr with full liberty and
power for the lessees, their agents and workmen, &c., to
work mines, see below, form v.

II. FULL AND EXCLUSIVE LIBERTY and license to search for, dig, mine, and work all coal, ironstone, building-stone, surface (a). and clay, for variations, see last form, situate, lying, and being in or under all those pieces of land, &c., and all [coal. &c., and other minerals] there found to get, raise, convert [make merchantable and fit for sale] and carry away for their own use.

Opened collieries,

III. ALL THOSE pieces of land situate, &c., and all the

(a) As mining leases are commonly taken by two or more lessees, the word "lessees" in the plural is used throughout these forms.

part of

buildings and erections thereon, and the pits and shafts &c., with now open thereon, and known as the colliery, and the surface. engines, boilers, and other fixed machinery, fixtures, and works, in, upon, under, or about the same: AND ALSO all coal, ironstone, building-stone, and clay, or as the case may be, within or under the same pieces of land, or within or under all those pieces of land, situate, &c.: AND ALSO all railways, tramways, roads, way-leaves, easemts, and conveniences belonging to or used in connection with the sd colliery and works.

IV. ALL THOSE slate rocks, slate quarries, and beds of Slate slate of whatsoever description and quality, which now are quarries. or at any time or times hereafter during the term hby granted, shall or may be opened and discovered in, upon, or under the pieces of land, &c.: AND ALSO all tramways, inclines, and other roads, levels, drifts, and works, now existing upon or under the sd lands hinbefore described [and upon or under the lands, &c., being lands not comprised in the demise], and used or intd for getting, raising, or transporting the slate from the lands and hereds hinbefore described, or for pposes connected thwith, and all trams, plates, and fixtures in or about the same.

to work

V. AND ALSO LIBERTY and power for the lessees, their Liberty agents and workmen, [to enter upon the lands afsd, and] to mines (b). search for, win, work, get, raise, convert, [make merchantable and fit for sale] and carry away the [coal], and other produce of the mines and premes hby demised, [but without entering upon the surface of any of the sd lands except the lands coloured on the sd map, and without disturbing or damaging any buildings now existing [or hereafter erected for agricultural pposes or with the consent of the lessees (c)] on the sd lands coloured and without interfering with any railway, tramway, road, works, or

(b) See another form, p. 349.

(c) If the covenant extends to future buildings these restrictive words may sometimes be necessary to prevent unfairness to the lessees.

Liberty to sink pits and make

works.

Liberty to quarry.

Liberty to dispose of buildingstone,

gravel, &c.

Liberty to get clay

and make

bricks (d).

privileges of any other lessees of coal, stone, or other mines or minerals, belonging to the lessor].

VI. AND ALSO LIBERTY and power for the pposes afsd and all other pposes connected with the due and proper managemt, working, and developmt of the sd mines and premes, [to use and maintain the existing pits, shafts, railways, tramways, roads, colliery buildings, machinery, and works, on or under the sd lands, and to deepen existing pits and] to sink such pits and shafts, to drive such planes, levels, adits, sumphs, waterways, and airways, to erect, construct, and maintain such engines, machinery, dressing floors, buildings, workshops, storehouses, cottages, [coke ovens, iron furnaces, brick-kilns, lime-kilns], erections and things, and to form all such railways, tramways, and other roads and communications, spoil heaps, and other conveniences, in, over, and under the sd lands as may be necessary or convenient.

VII. AND ALSO LIBERTY and power to quarry and get stone, sand, gravel, and other building and road materials from some convenient pt or pts of the sd lands [to be selected from time to time by the lessor], and to use and employ the same for the pposes of the mines hby demised, and the works belonging thto, [but not for sale, or for the erection of dwelling-houses on the sd lands, nor for the erection of buildings of any kind on any other lands, nor for any ppose whatsoever connected with other lands or the mines thereunder], without paymt of any rent or royalty for the same. VIII. AND ALSO LIBERTY and power to carry away and convert to their own use all building and other stone, gravel, sand, and road material which may be got in the course of working the sd mines without paymt of any rent or royalty for the same.

IX. AND ALSO LIBERTY and power to get common brick clay, sand, and other substances to be used in the manufacture of bricks on any pt of the sd lands [to be selected by

(d) For another form, see lease of a brickfield, post, p. 790.

the lessor], and to manufacture the same into bricks [at any such place as last afsd], and to use such bricks for the pposes of the mines hby demised, and the works belonging thto, without paying any royalty for such as shall be used [for the pposes of the sd mines, or] for erecting, making, or repairing any building, workshop, kiln, clamp, furnace, oven, or other erection or work hby [demised or] authorised to be erected or made on the sd lands, [but paying a royalty of shillings per thousand for all bricks which shall be taken

away from the same lands].

to use

water.

x. AND ALSO LIBERTY and power (so far as the lessor can Liberty grant the same) to use and enjoy for any of the works or operations afsd, any streams, watercourses, springs, or water in or upon the sd lands, and to divert, stop, or dam up any such stream or watercourse, and to make, construct, and maintain any watercourses, culverts, drains, or reservoirs, for any of the pposes afsd, [but not so as to deprive any house of a proper supply of water, or in any way to foul or pollute the water, or to interfere with the rights of any other lessees of mines or minerals belonging to the lessor or of any other psons entled to the use of such water]. See Prec. I., clause 4, p. 773.

another

XI. AND ALSO LIBERTY and power to use and divert all The same, waters and watercourses within the sd lands for the working form. of the sd mines, provd that such diversion of any watercourse can be made without prejudice to any psons other than the lessor entled to the use thof, and to make any reservoirs or any watercourses or leats for conveying the same or any other streams of water in, over, or through the sd lands for the pposes afsd.

make a

level and

over, and

XII. AND ALSO LIBERTY and power to open a level upon Liberty to the adjoining lands of the lessor [as shown on the sd plan and therein distinguished by the colour, and the words railway proposed level:"] AND to form a railway or tramway deposit across the same lands from the sd level to join any line of spoil on adjoining railway or tramway now existing, or which may hereafter be lands. made: AND ALSO to deposit spoil on the same lands [at the

Liberty to work adjoining mines through demised

mines, or

instroke.

Liberty
to work
demised
mines
through
adjoining
mines, or
outstroke.

Liberty

to make specified roads.

Proviso as

surface

place distinguished on the sd plan by the colour

and the words "proposed spoil bank : "] [Provd that the situation of the sd level, railway, tramway, and spoil bank shall be selected by the lessor or his agent].

XIII. AND ALSO LIBERTY and power for the lessees, their agents and workmen, to work and get the [coal] and other minerals from any adjoining mines now or at any time or times hereafter during the term hby created, belonging or in lease to the lessees, and to bring the same through the mines hby demised, and the levels and workings thof, and for that ppose to make drifts and passages by way of instroke from such adjoining mines [and also to deposit the spoil of such adjoining mines on the lands hby authorised to be used for spoil heaps of the mines hby demised] (e).

XIV. AND ALSO LIBERTY and power for the lessees to make drifts and passages through the barriers or limits of the sd demised mines and premes for the ppose of working and getting the [coal] and other minerals thfrom by way of outstroke through any adjoining mines now or hereafter during the term hby created belonging or in lease to the lessees (e).

XV. AND ALSO LIBERTY and power to make such roads, tram-roads, and railways in, through, and over the demised premes to and from the Railway as may be necessary, and to go and repass over the same, with or without waggons, horses, or locomotive steam-engines, for the ppose of carrying coal and other minerals from, and bringing materials to the demised premes.

xvI. PROVd ALWAYS THAT the sites for all spoilbanks, to sites of buildings, workshops [quarries, clay-pits, sand-pits, chalkoperations. pits, brick-kilns, lime-kilns, coke-ovens, iron furnaces, dressing-floors, ventilating-shafts, railroads, tram-roads, and other communications], and for all surface operations of

(e) See also Prec. I., clauses 8 and 36, pp. 774, 778; Lewis v. Fothergill, L. R. 5 Ch. Ap. 103; Jegon v. Vivian, L. R., 6 Ch. Ap. 742.