vented as afsd, keep a sufficient number of [at least -] able miners constantly employed for such ppose.

Another

form.

VII. AND WILL throughout the sd term in the best and The same. most effectual mner that can be devised and with a sufficient number of able working miners and labourers and without intermission, except when prevented by unavoidable accident or impediment or during the execution of repairs [or by strikes, &c., as in last form], explore, search for, drain, and work the sd mines and minerals hby demised, AND for such pposes will make, erect, and maintain in a proper course of working and state of repair, sufficient shafts, adits, levels, buildings, engines, machinery, and apparatus, AND will drive in a proper and workmanlike mner all levels of every description, within the limits afsd, on the course of the seams [lodes] in or under the sd lands, and otherwise carry out and exercise the liberties and powers hby granted according to the best and most improved modes and course of working, AND will properly and sufficiently and in due course of mining operations work all seams [lodes] which now are or hereafter during the continuance of this lease may be discovered within the lands afsd, and which can be worked so as to remunerate the outlay thereon, and for the ppose of ascertaining what seams [lodes] can be worked with a remunerative result will give to every seam [lode] which promises such a result a proper and sufficient trial when in the regular course of working the same can be reached, AND will at all times actively prosecute and carry on the workings upon each seam [lode] which shall have been begun to be worked (except such as shall upon trial have been found incapable of being worked with a remunerative result) until the same shall be wrought and driven through to the extent of the ground comprised within the limits afsd, AND, in case of any dispute or difference arising as to the propriety or sufficiency of the trial of any seam [lode] or the probability of working the same with a remunerative result or the sufficiency of the number of men employed upon any seam [lode] or work or the sufficiency

Not to discontinue working.

To get enough coal to produce minimum

rent.

To carry

works.

or efficiency in other respects of the working or in anywise in relation thto, the matter in difference shall be referred to arbitration.

VIII. AND WILL not at any time during the sd term, unless prevented, &c., as in form VI. or VII., discontinue the effectual working of the sd mines or any of them for the space of weeks in the whole in any one year or for any consecutive period exceeding weeks.

and

day of

IX. AND WILL during each half year ending on the day of of the sd term or until the whole of the sd seam of coal [mines and minerals hby demised] shall have been worked out [unless prevented, &c., as in form VI. or VII.,] get such a quantity of [coal] from the sd mines as, according to the galeage [footage] rent or royalty hinbefore reserved, will produce a clear half-yearly rent of £, the minimum rent.

X. AND FURTHER (and so that this covenant shall not be on special deemed in any way to restrict or limit the general covenants hinbefore contd respecting the working of the sd mines) will forthwith commence and carry on the following works and operations with the object of efficiently and vigorously exploring and working the seam [lode] (that is to say) the level [adit] shall be driven eastward at the rate of fathoms at the least in every year by able miners at the least, or such greater number as may be requisite, until the same shall be wrought or driven through the ground compd in the limits afsd, and that such other drivages and works, in addition to those hinbefore specially mentd, shall be from time to time carried on as shall be necessary or proper for efficiently developing and working the sd seam [lode]. And see Prec. I., clause 28, p. 777.

To work

perly.

XI. AND WILL at all times during the sd term search for, mines pro- win, work, and develop the mines [seams of coal], and premes hby demised in a proper, skilful and effectual mner, and according to the best and most approved practice of searching for, winning, working and developing similar mines and minerals [whether the same be] adopted or in use in the

district [or not], and with as little damage as possible to the surface of the sd lands, and to the messuages and buildings, and other erections, and the timber and crops thon [and also with as little damage and interference as possible to and with the working of the other mines and minerals [seams of coal] lying and being under the lands afsd, but not comprd in this demise], and so as to work and raise the largest possible quantity [of coal] without causing any damage or injury to the mines [seams of coal] hby demised. XII. AND WILL not at any time commit or suffer within Not to injure mines. the mines and premes hby demised [or in any other mines. connected or worked therewith] any wilful or negligent act whby the mines hby demised [or any other mines or minerals lying and being under the lands afsd, but not comprd in this demise], may be damaged by, or overcharged with water or foul air, or whby the working of any such mines or minerals may be impeded or prevented, [or which may occasion or bring any creep, crush, or thrust upon the levels, air-courses, water-courses, or works of the sd mines, or any pt thof].

mines from

XIII. AND WILL at all times employ all reasble care and To protect diligence to protect the mines and minerals by demised encroach[and all other mines and minerals, or, " seams of coal," ment. lying and being under the lands afsd, but not comprd in this demise] from being injured, encroached or trespassed upon, or surreptitiously worked, and in the event of any such injury, encroachmt, trespass, or surreptitious working, will take such measuremts as will show the extent of the same, and enable the lessor to recover compensation for any loss occasioned thby.

works in

at end of

XIV. AND WILL at all times during the sd term keep in To keep good and proper repair, order, and condon all the levels, repair, and adits, drifts, shafts, pillars, bulwarks, pits, engines, ma- deliver up chinery, pumps, water-courses, air-courses, buildings, sheds, term. workshops, erections, railways, tramways, roads, and other works and conveniences belonging to the sd mines hby demised or used in connection therewith, except any works

That the

lessor may repair on default of lessees.

To fence pits.

To fence pits and railways,

&c.

or things which may become unnecessary for the further working of the sd mines [and which may not be necessary or useful for the working of other mines and minerals lying and being under the lands afsd, but not comprd in this demise], and the same, in such good and proper repair, order, and condon, will deliver up to the lessor, at the end or sooner determination of the sd term [or at the time when the same shall become unnecessary for the working of the sd mines hby demised] (b).

XV. AND THAT in case the lessor, or his agent, shall at any time during the sd term give or leave on the sd demised premes a notice in writing to the lessees, to execute or do any such repairs or works as ought to be executed or done by virtue of the covenants hinbefore contd, and the lessees shall neglect or omit to execute and do the same within the period of three calendar months from the date of such notice, the lessor shall be at liberty to enter upon the mines and works hby demised, and to execute and do the necessary repairs and works, and the lessees shall repay the expenses of such repairs to the lessor, on demand, and in default of paymt the amount so expended shall be recoverable by distress or otherwise, in like mner as if the same had formed pt of the rents hby reserved.

XVI. AND WILL at all times during the sd term, at their own expense, make and maintain sufficient fences for the protection of man and beast round every pit shaft and open pt of any adit or other work already sunk or dug, or which hereafter shall be sunk or dug, within the limits afsd.

XVII. AND WILL, from time to time, and at all times during the term hby granted, properly and securely fence off, and keep fenced off from the adjoining lands by means of a substantial stone wall [post and rail fence] at least feet in height, or some other sufficient fence, all the pits, shafts, railways, tramways, and works of the lessees, used in connection with the mines hby demised: [AND whenever

(b) See also p. 766, form XLIX.

any such railways or tramways shall be made through existing hedges, banks, walls, or fences, will make and maintain proper gates across the railway or tramway at such openings AND will at the expiration, or sooner determination of the sd term, at the option of the lessor, either leave such gates in good repair and condon, or block up the openings so made with a proper hedge, bank, wall, or fence, so as to correspond with the adjoining hedge, bank, wall, or fence (c).]

make un

to secure

XVIII. AND WILL not open or make any unnecessary adits, Not to pits, or shafts on the sd lands, and will during the sd term necessary well and sufficiently bind, support, maintain and secure with shafts and timber or other good and sufficient materials all shafts, shafts. tunnels, adits, drifts, and workings that may be made or used in the sd lands, and the same so bound, supported, and secured at the end or sooner determination of the sd term will quietly yield up to the lessor.

interfere

or streams.

water.

XIX. AND WILL not interrupt or interfere with any exist- Not to ing road, railway, tramway, or other communication, or with with roads the natural course of any stream or water-course save as hby expressly authorised: AND will not throw any spoil, rubbish, or refuse into any stream flowing through the lands afsd. XX. AND WILL forthwith or as soon as required by the To make slime pits lessor or his agent [upon or within a suitable piece or for purify pieces of land to be from time to time, as occasion shall ing mineral require, set apart and appropriated for this ppose by the lessor or his agent], dig and construct for the interception, reception, and purifying and cleansing of the mineral water coming from the dressing-floors, or any of them, before such water shall fall or be permitted to flow (directly or indirectly) into the river or other natural channels of drainage, a sufficient number of pits of sufficient dimensions, and of such construction in all respects, as shall be properly adapted for purifying and cleansing the sd mineral

(c) The words between brackets will be omitted when the railway itself i to be fenced.