rent. payable half-yearly on the days afsd for and in respect of all and other minerals which may be brought through, over, or upon the mines and premes hby demised, or the workings thof, as afsd, during the half year immediately preceding each such paymt. Spoil-bank IX. AND ALSO a rent of £, in addition to the sd wayleave rent, for every customary ton (reckoning as afsd) of spoil or rubbish produced in working and other minerals raised or obtained from any lands not comprd in this present lease, or as in last form, and deposited on the lands comprd in this present lease under the liberty hinbefore granted, such last-mentd rent to be payable halfyearly on the days afsd for or in respect of all spoil or rubbish deposited as afsd during the half year immediately preceding each such paymt. The same, another form. Render ir. kind or money at lessor's option in metallic minerals. x. Provd ALWAYS that if the spoil or rubbish produced in working and other minerals from be deposited on the lands hby demised under the liberty hinbefore granted, a rent of for every customary ton (reckoning as afsd) of all and other minerals worked as last afsd, shall be paid in addition to the sd way-leave rent, such rent to be payable half-yearly on the days afsd for or in respect of all and other minerals worked as afsd during the half year immediately preceding each such paymt. XI. RENDERING AND DELIVERING on the sd premes during the sd term unto the lessor for his own use one equal pt of all [copper, copper ore, lead, lead ore, tin, tin ore, and respect of all other metals, ores, and metallic minerals] raised or got during the sd term from the sd lands and premes by virtue of these presents after the same shall have been dressed, made merchantable, [and fit for smelting and refining], clear of all expenses attending the raising, getting, making merchantable, and weighing the same, the sd respive parts or royalties hinbefore reserved to be rendered and delivered half yearly on the day of and the day of in every year during the sd term or oftener, if and so often as any such [ores, metals, or minerals,] as afsd shall have been raised or got and made merchantable, [OR at the option of the lessor, ore, per ton for lead and lead ore, and per ton for tin and tin ore, &c.] but without any other deduction, the respive royalties reserved in money as last afsd to become due and payable as soon as the price of the sd [ores, metals, or minerals,] in respect whof the same shall be payable, shall be received by the lessees, but in case the same shall not be received by them within- calendar months from the sale, calendar months.] then at the expiration of such as to coal which may without XII. PROVD ALWAYS that the lessees may, in every half Proviso year of the sd term, get and raise out of the sd demised mines and premes, without paying any royalty, or, "galeage," be got or, "footage rent" [so much coal as at the afsd royalty, or, paying royalties, galeage," or, "footage rent," would yield a rent of £- &c. for such half year, and also] so much coal as may be actually consumed in the engines or furnaces for the time being employed or otherwise consumed in working the same mines. and premes, or supplied without charge to the manager, colliers, or labourers employed thereon, when other mines are worked by instroke through the demised mines, say, "engines or furnaces for the time being exclusively employed or otherwise consumed exclusively in the working of the demised mines and premes," and add, "But if any such engine or furnace shall be employed, or if the sd coal shall be consumed partly in the working of the demised mines and premes, and partly in the working of other mines, such a proportionate quantity only of such coal as shall be consumed in respect of coal raised from the demised mines shall be free from royalty, or, 'galeage,' or, 'footage rent.'" And see Prec. I., clause 16, p. 775. XIII. PROVD ALWAYS that for the ppose of ascertaining Proviso as the amount of footage rents payable under the reservation of acer to manner taining footage rents. Proviso as to surface rent aud tion to tenants. hinbefore contd, coal which shall be left for pillars, supports, barriers, or bulwarks [or which shall be found unworkable], shall not be taken into account, and that the acreage shall be measured along the inclination of the seams of coal, and that the thickness shall be measured perpendicular thto, so as to obtain the true contents of the coal raised or got. XIV. PROVD ALWAYS that the surface rent payable as afsd shall be in addition to and not in lieu of any compensation compensa which may be required by and shall be reasonably due to any tenant of the lands in respect of which the same surface rent shall be payable for any damage or loss occasioned to such tenant by the taking or using such lands by the lessees. Proviso as to accidents. Strike clause. xv. Provd ALWAYS that if at any time during the sd term the lessees shall be wholly prevented from working the mines hby demised by fire or water, arising from unavoidable accident, and if and so long as in such case they shall use their best endeavours to restore the sd mines to a condon fit for working, and to resume and continue the proper working thof, the sd yearly fixed or mine rent of £ shall cease to be payable during such time as such impedimt to the working of the sd mines shall continue. XVI. PROVD ALWAYS that if at any time during the sd term it shall become impossible, owing to any strike or combination of workmen, or owing to any lock-out of workmen, made with the approval of a majority for the time being of the members of the [coalowners' association], to raise or get a sufficient quantity of [coal] from the sd premes to continue the proper working of the mines hby demised, then and in such case and so long as such impossibility shall continue, such part only of the sd fixed or dead rent of £ shall be payable as would be payable as a galeage [footage] rent, after the rate afsd, in respect of the [coal] actually raised or got out of the premes [other than coal consumed in the engines or furnaces for the time being thereon or supplied without charge as afsd.] clause. XVII. PROVD ALWAYS that, if in any year of the sd term Average the lessees shall not get and raise from the sd demised mines and premes such a quantity of [coal] as at the rates afsd would produce for that year galeage [footage] rents or royalties equivalent to the fixed or mine rent payable for that year, or, tons of -," then and in every such case the lessees may, in the next succeeding year [one or more of the next succeeding years] of the sd term, but not afterwards, get and raise from and out of the sd mines. and premes such a quantity of [coal] as shall be required to make up the deficiency in such previous year without paying any rent or royalty for the same, other than the sd fixed or mine rent. LESSEES' COVENANTS. rents. I. THAT the lessees will during the sd term pay [render To pay or deliver] the several rents, royalties, dues, and reservations hinbefore reserved or made payable on or at the days or times, and in the mner hinbefore appointed for the paymt [render or delivery] thof resply, clear of all deductions whatsoever (except landlord's ppty tax). taxes. II. AND WILL, as in form IV., p. 627, imposed upon or in To pay respect of [the sd demised mines and premes or (a)] the rates and coal, ores, metals, or minerals got thfrom, or the proceeds of the sale thof, or the rents, royalties, or reservations hby reserved or made payable [or any land entered upon, or building, erection, or work erected or made under or by virtue of these presents], or on the owners or occupiers in respect thof, the landlord's ppty tax only excepted. (a) Where a license only to get minerals is granted, omit the words here bracketed, and substitute the words "by virtue of the licenses hinbefore contd" for the word "thfrom." VOL. I. 3 с To pay compensa tion to surface III. AND THAT in case the lessees shall at any time or times during the sd term occupy or use any of the lands tenants for afsd for the ppose of the sd mines or works under the damage. liberty in that behalf hby granted, or shall, in the exercise of any liberty or privilege hby granted, injure or damage any of the lands afsd, or any buildings, erections, or crops thereon, or the preparations for such crops, then and in every such case the lessees will pay to the tenants and occupiers of the lands so occupied, used, or injured as afsd, proper compensation for or in respect of such occupation, use, or injury, such compensation to be determined in case of difference by arbitration, and will indemnify the lessor from all actions, proceedings, claims, and demands on the part of such tenants or occupiers or any other psons in respect of such occupation, use, or injury. To pay lessor for land per IV. AND WILL in addition to the compensation payable to the tenants or occupiers of the lands so occupied, used, or manently injured as afsd, pay to the lessor, at the expiration or sooner injured. determination of the sd term, compensation for all permanent damage done to such lands. To give lessor notice before entering on land. To work mines effectually (b). V. AND WILL not at any time during the sd term enter upon any of the lands afsd for the ppose of commencing any new openings or other works, or felling any timber or trees, or any other ppose, without giving to the lessor or his agent one week's previous notice in writing, specifying the land so intd to be entered upon and the object of entering upon the same. VI. AND WILL at all times during the sd term unless prevented by [fire or water arising from] unavoidable accident [or by strikes or combinations of workmen or owing to any lock-out of workmen made with the approval of the majority for the time being of the members of the [coal owners' association]] effectually and vigorously work, develop, and carry on the sd mines, and will at all times, unless pre (b) See Wheatley v. Westminster Brymbo Coal Co., L. R. 9 Eq. 538. |