mines and premes hby demised into or out of any adjoining mines and workings so as to enable the lessor, or his agent, at all times to determine the accuracy of the surveys kept by the lessees, and of the return of minerals based thereon. lessor to (ƒ). XLIII. AND THAT the lessor, or his agents, servants, and To allow workmen, shall be at liberty at all reasble times during the inspect sd term, to enter into and upon, and to inspect the mines workings hby demised, and the works belonging thto, and any adjoining mines or works carried on or worked in connection thwith, and to make surveys and plans thof, and afterwards to return thfrom without any hindrance or interruption, and shall for such pposes be at liberty to use the machinery and plant employed in or about the sd mines and works, and shall be effectually assisted by the agents, workmen, and servants of the lessees. bridges, ence of XLIV. AND WILL make and keep in repair proper bridges To make and passages for the safe and convenient passage of the &c., for occupiers for the time being of the sd lands, and other convenipsons, and their cattle, carts, and carriages, over any water- occupiers. course, or open pt of any adit or adits, or other works, which shall be made or erected by the lessees, within the lands afsd: AND WILL keep open the roads and paths over and across the sd lands, and provide proper and convenient means of passage where the workings shall interfere with the roads or paths now existing. coal to XLV. AND WILL in each week during the sd term supply To deliver the lessor with tons of coal, to be delivered at lessor for per ton, such coal to his own at a price not exceeding £be free from rent or royalty. use. stone and XLVI. AND WILL from time to time, upon the lessor, or his To deliver agent, giving one calendar month's notice in writing for that gravel, &c., ppose, deliver to the lessor, or his agent, free of charge, at to lessor. the time specified in such notice, and at some place used by the lessees for the deposit of stone, sand, gravel, or road materials, such quantities of stone, sand, and gravel, in (f) See also p. 714, form xxvI. Not to obstruct lessor in working excepted minerals. Not to cause damage. Not to allow un authorised a merchantable condon, and of other materials for the making, maintaining, and repairing of roads, or for use for any other pposes whatsoever on the este of the lessor, as shall from time to time be so required, and shall permit such stone, sand, gravel, and road materials to be taken and carried away by the psons employed by the lessor, and give proper facilities for enabling them so do to: PROVD ALWAYS that subjt to the reservation of the lessor of such stone, sand, gravel, or road materials as he may require as afsd, and subjt to the lessees duly observing the covenant lastly hinbefore contd, the lessees shall be at liberty to make merchantable and dispose of all other stone, sand, gravel, and road materials got by them in the course of their sd workings without rendering any account or paying any dues in respect thof. XLVII. AND WILL exercise the rights, licenses, and privileges hby granted in such a mner as to offer no unnecessary or reasonably avoidable obstruction or interruption to the developmt and working by the lessor of the mines and materials hby excepted and reserved, or the transport, conveyance, or conversion of the produce thof, or to the use and enjoymt of any other right hby reserved to the lessor. XLVIII. AND WILL, in using and exercising the licenses and powers hby granted, commit no trespass, and do as little damage and injury as reasonably may be to the lessor, or his tenants, and to the surface and freehd of the sd lands. XLIX. AND WILL not at any time during the sd term authorise or suffer any pson other than the lessees, or their persons to agents, workmen, or servants, to use any way-leave, drift, leaves, &c. level, instroke, outstroke, water-way, or other communication from, through, over, or under the lands afsd, or used or occupied in connection with the sd mines. use way To deliver L. AND WILL, at the expiration or sooner determinaup at end tion of the sd term, deliver up to the lessor the sd demised of term. premes with all require to be left, in such good and sufficient state of repair as afsd, and in all respects in such state and condon as shall be consistent with the due performance of the several covenants on the pt of the lessees herein contd, and in proper order for the future working and prosecution of the mines and works hby demised. LESSOR'S COVENANTS. enjoyment. I. THAT the lessees paying [and delivering] the several For quiet rents, royalties, and dues hby reserved and made able, and observing and performing all the covenants, stipulations, and condons herein contd, and on their pt to be observed and performed, shall quietly hold and enjoy the mines [minerals, liberties, licenses, lands] and premes hby [demised and] granted for and during the term hby granted without any interruption from or by the lessor or any pson rightfully claiming under or in trust for him [or, under the sd indre of settlemt of the will of the sd."] day of -, or, "the sd II. THAT if the lessees shall be desirous of taking a new To renew. lease of the mines and premes hby demised after the expiration of the sd term of years hby granted, and shall at least six calendar months before the expiration thof signify such their desire by a notice in writing to be delivered to the lessor or his agent, or left at the last known place of abode of the lessor in England, the lessor and all other necessary pties, if any, will at or before the expiration of the sd term, at the costs and charges of the lessees, make and execute to them a new and effectual lease of all and singular the sd mines and premes hby granted or demised for a term of years, to commence from and after the expiration of the term hby granted, at and under the like rents, royalties, and dues, and with and subjt to the like. covenants and provons as are herein contd, except this present covenant for renewal. Power of re-entry (a). PROVISOES. I. PROVD ALWAYS that if the sd rents, royalties, and dues hby reserved or any of them or any pt thof resply shall at any time be in arrear or unpaid for three calendar months after the same resply shall be payable, whether the same shall have been legally or formally demanded or not, or, "and demand for the same shall have been made at the counting-house or office of the sd mines by the lessor or his agent," or if the lessees shall make default in performing or observing any of the covenants, provons, or condons herein contd, and on their pt to be performed and observed [or if the lessees, while the sd demised premes or any pt thof shall remain vested in them, shall become bankrupt or shall enter into liquidation for the benefit of or compound with their creditors, or if their assigns being a co shall enter into liquidation whether compulsory or voluntary] then and in any such case it shall be lawful for the lessor, although he may not have taken advantage of some previous default of a like nature [to reenter upon any pt of the sd demised mines, lands, and premes in the name of the whole], [or, if licenses only are granted, by any instrumt under his hand and seal to determine the several liberties, licenses, and powers hinbefore granted] and thereupon this present lease or grant and the liberties, licenses, and powers hinbefore granted, and every clause and thing herein contd shall absolutely cease, determine, and become void (but without prejudice to any right of action or remedy which shall have accrued to the lessor (a) The power of the Court under the Conv. Act, 1881, s. 14, to relieve against a condition of re-entry in a lease extends to mining leases and grants of licenses for mining purposes (see definition in s. 2); but with an exception of covenants against assigning or underletting, &c., and conditions of forfeiture on bankruptcy, &c. (see the definition in s. 2), or an execution against the lessee, and covenants to allow the lessor to inspect the books, weighing machines, &c., and the mines (sub-sec. 6). See p. 643, note. [either party] in respect of any breach of any of the covenants or provons herein contd). lessees to from the determine calendar lies to II. PROVD ALWAYS and it is hby agrd, that if the lessees Power to shall sink a shaft or bore to the depth of surface of the sd lands, without finding a seam of coal of lease if coal the thickness of at the least, it shall be lawful for, but deep. not incumbent on them, at any time [within months] thereafter, to determine this demise by giving calendar months' notice in writing to the lessor or his agent, and upon the expiration of such notice, and provd the lessees shall upon such expiration [or within days thereafter] render and pay all rents, dues, and royalties, compensation for damage, and other moneys which may be then due and payable under these presents to the lessor or his tenants, and shall deliver up these presents to the lessor or his agent, then these presents, and the liberties, licenses, and powers, and every clause and thing herein contd shall determine and become void, but without prejudice to such right of action or other remedy as shall have accrued to the lessor [either party] at or before such determination in respect of the breach of any covenant or provon hinbefore contd. abandon fault. III. PROVD ALWAYS and it is hby agrd, that, if by reason Power to of any fault in the coal-measures the sd seams of coal [any working in seams of coal, of the thickness of at least, found by case of a the lessees] shall be thrown down under the sd lands to a greater depth than, it shall be lawful for, but not incumbent on, the lessees, to abandon, and not to work such pt of the same seams as shall lie beyond such fault, and they shall not be bound to prove the extent of such fault. surrender or ex IV. PROVD ALWAYS and it is hby agrd, that if it shall Power to appear, after a full and sufficient trial and exploration, that if coal is of the coal hby demised is of a bad, soft, or unmarketable bad quality quality, or if all the coal, which, having regard to the con- hausted. dons and circes in which similar seams are wrought in the district, may fairly be deemed to be workable with profitable results, shall be found to be exhausted, then and in any such case the lessees may determine this demise at the end VOL. I. 3 D |