the lessees shall be in every case selected by the lessor or his agent. to obstruct operations. XVII. PROVD ALWAYS THAT in the exercise of the afsd Lessees not liberties and powers the lessees shall not obstruct or retard lessor's the getting, working, or development of the minerals hin- mining after excepted and reserved to the lessor, or of the minerals in, under, or upon any other lands belonging to the lessor. XVIII. PROVD ALWAYS THAT the lessees shall, in the Lessees not exercise of the powers and authorities hby granted, do as necessary little injury or damage as can be to the lands afsd, or the damage. timber, crops, or buildings thereon, or to the tenants or occupiers thof, and conform to the provons and restrictions hinafter contd. to do un EXCEPTIONS AND RESERVATIONS (a). riers, &c. 1. EXCEPT AND RESERVING unto the lessor so much and Exception of coal for such pts of the coal in the mines or veins hby demised as is support or may be required for the support of any house or building and barnow existing on the sd land, [or which may hereafter be erected thereon for agricultural pposes or with the consent of the lessees (b)]: AND ALSO all the coal within a distance of yards from each of the existing pits, and any new pit which may hereafter be sunk to the sd mines or veins hby demised, which last-mentd coal is to be left as a bulwark or support: AND ALSO all the coal within a distance of yards from the boundary of the lands hby demised, which is to be left as a barrier, and wholly undisturbed by mining operations: [AND ALSO such of the coal in the mines or veins hby demised as the lessor shall remove in sinking to, or working the deeper mines or veins hby (a) See other forms of reservations, p. 353, et seq. General reserved, or which he or they shall require to be left as a bulwark or support for any existing pit, or any new pit which may hereafter be sunk to the sd deeper mines or veins]. II. EXCEPT AND RESERVING unto the lessor all mines and reservation minerals in and under the sd lands other than the mines and of excepted minerals. minerals hinbefore expressly demised: WITH LIBERTY AND POWER for the lessor and persons authorized by him in that behalf, to search for, work, get, raise, convert, manufacture, and carry away the sd excepted or reserved mines and minerals at his or their will and pleasure: AND WITH LIBERTY AND POWER for the pposes afsd to sink, drive, erect, make, and use all such pits, shafts, adits, water-ways, air-ways, buildings, pumps, railways, tramways, roads, engines, machinery, spoil-banks, cinder-banks, and other conveniences upon, through, or under the sd lands as shall be necessary or convenient, where water rights are of primary importance, omit the word "water-ways," and add, "and to use any springs, streams, water-courses or waters, now or hereafter existing on or under any pt of the demised lands, and to divert the same into any other pt of the sd lands by drifts, or any other means," and see Prec. I., clause 10, p. 774. Reservation of stone, III. AND ALSO EXCEPT and reserving unto the lessor all such stone, sand, gravel, and other building or road materials. gravel, &c. as he may require for use on his este, with full power to enter upon the sd lands, and to dig, search for, work, quarry, and carry away the same. Timber felled to belong to lessor. Power to lessor to use tram IV. PROVD ALWAYS THAT all the timber and other trees which shall be felled in the exercise of the liberties and powers hinbefore given to the lessees shall belong to the lessor. v. WITH LIBERTY AND POWER for the lessor for the pposes afsd to use all railways, tramways, and roads for the time ways, &c. being belonging to the lessees or used by them for working the mines and minerals hby demised, or the other pposes afsd, and to cross, intersect, and join any such railways, tramways, or roads with or to other railways, tramways, or roads, to be made under the liberty hby reserved to the lessor, and to extend and continue any such railways, tramways, or roads as afsd, through the spoil-banks, yards, and other premes belonging to, or occupied by the lessees in connection with the mines hby demised. VI. PROVD ALWAYS that if the lessor or any psons Lessor to authorized by him as afsd, shall use any railway, tramway, pairing join in reor road in common with the lessees, under the reservation tramways. hinbefore contd, the lessor shall pay and contribute a just proportion of the expense of keeping the same in repair and working order, the amount of such proportion to be settled in case of dispute by arbitration. enter and mines. VII. WITH LIBERTY AND POWER for the lessor and his Liberty to agents, with or without engineers, surveyors, or other psons inspect at all reasonable times during the term hby granted to enter upon, inspect, and examine the sd demised mines and premes, and every pt thof, for the ppose of ascertaining the condon thof, and the manner of working, carrying on, and managing the same, and the quantity of [coal], or other minerals actually got, or for any other reasonable ppose, and to take plans and measuremts of the workings in the sd mines, and for the pposes afsd, to use, free of charge, all the shafts, pits, engines, ropes, tackle, machinery, railways, tramways, roads, works, and things now or hereafter existing on the sd demised premes, and to have all necessary and reasonable assistance of the miners, workmen and others in the employmt of the lessees. that lessor lessees, VIII. PROVD ALWAYS that the liberties and powers hin- Proviso before reserved to the lessor shall be exercised and used, shall not so as to cause as little obstruction and hindrance as possible obstruct to the lessees in the enjoymt of the powers and privileges and shall hby granted, and that the lessor shall pay to the lessees make comreasonable compensation for all loss or damage which they may sustain, by reason or in consequence of such exercise or use, the amount thof to be settled in case of difference by arbitration. pensation. Fixed or dead rent. Surface rent. Royalty or galeage rent. Different royalties for different seams. REDDENDUM (a). I. PAYING therefor yearly during the sd term hby granted, and so in proportion for any time less than a year [unto the lessor], a fixed or certain yearly rent of £ half-yearly on the payable day of the first paymt thof to be made on the [in respect of which rent the lessees may work and get during the half-year for which each such half-yearly paymt is made so much as at the rates hinafter mentd would produce a galeage [footage] rent of £—]. II. AND ALSO a yearly surface rent of £ for every acre, and so in proportion for any less quantity than an acre of the sd lands which shall be taken or used by the lessees, for any of the works, operations, or other ppses afsd, every such surface-rent to be payable by equal half-yearly paymts on the half-yearly days afsd in every year after the same shall become payable, and the first of such paymts to be made on such one of the same half-yearly days as shall happen next after the same shall have become payable. III. And also a galeage-rent or royalty, to be paid on the days hinbefore mentd, of for every customary ton (reckoning lbs. to the ton) of , got or raised from or out of the sd demised and premes [in excess of tons (b)], during the half-year immediately preceding each such payment. IV. AND ALSO the galeage rents or royalties following to be paid on the days afsd, namely, a galeage rent or royalty for every ton (reckoning 2240 lbs. to the ton), of of (a) See p. 624, notes (k) and (7). seam, and a for every ton of 2240 lbs. (b) That is, the quantity of tons the royalties on which will amount to the fixed rent. got or raised from or out of the seam during the half year immediately preceding each such paymt. for every royalties coal. V. AND ALSO the galeage rents or royalties following to Different be paid on the days afsd, namely, A galeage rent or royalty for large of lbs. of coal got or raised from or out and small of the demised premes, except small coal which will pass through a screen with meshes inches square, or, "the bars of which are [one] inch apart; AND a galeage rent or royalty of for every lbs. of such small coal as afsd; AND a further galeage rent or royalty of for every lbs. of coal, not being small coal, improperly sold, used, or consumed under the denomination of small coal, such lastmentd galeage rent or royalty to be in addition to the galeage rent or royalty first hinbefore mentd. for every price. VI. AND ALSO the royalties following, to be paid on the Royalties varying days afsd, namely, AT ALL times during the sd term a according royalty of lbs. of coal got or raised from to market or out of the demised premes; AND ALSO if and whenever the price of coal at the pit's mouth shall exceed the price of shillings per ton, then an additional royalty of pence for every lbs. of coal so got or raised for every shilling or fraction of a shilling by which such price shall exceed shillings per ton. rent. VII. AND ALSO a rent of £ payable half-yearly on the Footage days afsd for every acre being one foot in thickness, and so in proportion for any less quantity than an acre, and for any greater or less thickness than a foot, of all coal which shall have been raised or got out of the seam in the rent. half year immediately preceding each such paymt. VIII. AND ALSO a way-leave rent of for every cus- Way-leave tomary ton (reckoning 2240 lbs. to the ton) of and other minerals raised or obtained from any lands not comprised in this present lease, or, "the adjoining mines known as and as the same are now held by the lessees," and brought through, over, or upon the mines and premes hby demised, and the workings thof under the liberty hinbefore granted in that behalf, such way-leave rent to be |