of any year of the term hby granted by giving in the event of the first mentd contingency twelve calendar months', and in the event of the exhaustion of the coal, six calendar months', notice in writing to the lessor or his agent, and upon the expiration of such notice, &c., as in form 11.: Provd that the sufficiency of any such trial and exploration, and the fact whether such exhaustion of coal as afsd shall have occurred, shall in case of dispute be submitted to arbitration. v. PROVD ALWAYS and it is hby agrd, that in case the if working lessees shall be unsuccessful in exploring and working the mines and lodes within the lands afsd it shall be lawful for them to determine the sd term hby granted, previous to the expiration thof, on giving calendar months' notice in writing of such desire, to the lessor or his agent, and at the expiration of such notice, &c., as in form II. The same, is unsuccessful. Power to lessees to remove engines, &c. Power to lessor to purchase VI. PROVD ALWAYS that it shall be lawful for the lessees (having first paid and discharged the several rents, royalties, and sums of money payable by them by virtue of these presents, and having observed and performed all the covenants and condons hinbefore contd), at the expiration or sooner determination of the sd term, or within calendar months thereafter [unless the same shall be determined under the power of re-entry hinbefore contd, and in that case at any time not less than fourteen days nor more than calendar months after such determination], to take down and remove for their own benefit all [fixed and] moveable engines, machinery, plant, &c., here insert appropriate words, used or employed in or about the sd mines and works [which the lessor shall not have elected to pchase under the provon hinafter contd] (except landlords' fixtures), making reasble compensation for all damage done to the sd lands and premes by such removal. VII. PROVD ALWAYS that if at the expiration or sooner determination of the sd term the lessor shall desire to engines, pchase all or any of the [fixed or] moveable engines, piration of machinery, plant, &c., here insert appropriate words, and other articles and things used or employed in or about the &c., at ex term. carrying on and working of the mines and works hby demised, and shall signify such desire by a notice in writing, signed by him or his agent, and given to the lessees, or left at the counting-house of the sd mines, one calendar month at least before the expiration or sooner determination of the sd term, unless the same shall be determined under the power of re-entry hinbefore contd, in which case the notice may be given or left as afsd at any time within fourteen days after the determination of the sd term, then and in such case the articles and things specified in such notice shall not be removed by the lessees, but shall be pchased by the lessor, at a price to be determined in case of dispute by arbitration. See Prec. II., p. 781. distress. VIII. PROVD ALWAYS that if and so often as any part of Power of the rents, royalties, or dues hby reserved or made payable to the lessor, shall be in arrear for twenty-one days, whether the same shall have been legally demanded or not, the lessor may enter into and upon any of the mines, lands, works, and premes bby demised [or, if the lease is in the form of a license only, which shall for the time being be held or occupied by the lessees, under the liberties or licenses hby granted][or any adjoining mines, lands, or works which shall for the time being be held or occupied by the lessees in connection with the said mines and premes (b)], and may seize and distrain all [coal] and other minerals actually gotten, and all fixed or moveable engines, machinery, rails, trams, plant, horses, cattle, implemts, utensils, and things belonging to the lessees, within, under, or upon any part of the sd mines and premes so demised [held or occupied] as afsd, and may sell and dispose of the same for and towards the satisfon and paymt of all such arrears of rent, royalties, or dues, and also of all expenses incidental to, or occasioned by such distress or distresses in like manner as rent can be recovered by law. (b) See as to this power of distress when the lease has been assigned, Daniel v. Stepney, L. R. 7 Ex. 327. The power is not affected by the Bills of Sale Acts, 1878, 1882. power of distress. Addition to IX. AND IN CASE any such distress shall not produce an amount of money sufficient to cover the amount so in arrear and the expenses afsd, may stop all works and operations which may be carried on in or upon the sd demised premes, until the rent, which shall then remain due, and all expenses occasioned by non-paymt thereof, shall be satisfied: PROVD ALWAYS that the express powers of entry and distress hinbefore contd shall be in addition to and not in lieu of any power of distress to which the lessor may be by law entled for recovery of the rents hby reserved. Provision as to notices. The same. referring to the X. AND IT IS HBY AGRD that every notice hby required or authorised to be given to the lessor shall be in writing, and may be either given to him personally, or left at his usual or last known place of abode in the United Kingdom, or may be given to his agent, or such other pson, and in such mner as the lessor may from time to time direct; and every notice hby required or authorised to be given to the lessees shall be in writing, and may be either given to them or any of them personally, or to the principal manager or captain of the sd mines or works, or may be left at the usual or last known place of abode in the United Kingdom, of the lessees, or any of them, or at the office or countinghouse of the sd mines or works. XI. AND IT IS HBY AGRD that any notice hby required or Short form authorised to be given to the lessor or lessees resply, shall be in writing, and may be given or served in any of the Conv. Act, modes provd by the 67th section of the Conveyancing Act, 1881, with respect to notices to be given to lessors or lessees (as the case may be) under that Act. 1881. clause. Addition to XII. PROVD ALWAYS that the clause lastly hinbefore coutd arbitration shall not in any mner abridge any of the rights or powers hinbefore given to the lessor or his agent, or enable any matter to be submitted to arbitration, which, under the provons hinbefore contd, would be subjt to the absolute control of the lessor or his agent, or as to which the right to go to arbitration is hinbefore excluded. PRECEDENTS. I. AGREEMENT for LEASE of a COAL MINE (a). AGREEMT made this day of of, &c. (hinafter called the lessor), of the of, &c., and C., of, &c. (hinafter called the other pt. BETWEEN A., one pt, and B., lessees), of the PREC. I. Parties. for lease. 1. [IN CONSON of the sum of £- - to be paid to the Agreement lessor by the lessees] the lessor shall grant and the lessees. shall take a lease and execute a counterpart thof, OF THE Parcels. unworked coal in the seam of coal and all the seams of coal existing below the sd seam of coal lying within and under the lands situate, &c., and called, &c., and esti- mated to contain lessees to 2. THE LESSEES, their agents and workmen, shall have Power to power for the ppose of winning, working, manufacturing, enter. and carrying away the minerals hby agrd to be demised to enter upon that pt of the surface of the sd lands which is coloured upon the sd plan but not upon any other portion thof without the written consent of the lessor or his agent. powers. THE LESSEES shall have the following powers over the Lessees' lands coloured in the sd plan [so far as the lessor has the power to grant the same under a lease dated, &c., and made, &c., under which he holds the sd premes]. 3. Liberty to make works, pp. 741, 742. 4. LIBERTY TO deposit rubbish produced in working and To deposit manufacturing the demised minerals, and to make water- and use (a) See p. 654, note. rubbish water. PREC. I. courses and ponds and to divert and use the flowing water (so far as the lessor can authorise the same), but the right to make watercourses and ponds is granted subjt to the embankmts and puddling being made properly to the satisfon of the lessor or his agent, and kept in repair to prevent the water from overflowing, percolating, or otherwise injuring the adjacent lands. To take building 5. LIBERTY TO take building stone from such pt of the stone and sd land as shall be approved in writing by the lessor or his agent, and to erect brick works and to manufacture fireclay into bricks [such stone and bricks to be used exclusively on the sd demised premes]. make bricks. To build houses. dwel 6. LIBERTY TO erect upon the land coloured ling houses for workmen or agents according to plans and on sites to be approved in writing by the lessor or his agent. Way-leave. 7. A RIGHT of way to carry minerals from adjoining mines over or under any pt of the demised premes or over any pt of the surface of the lands coloured in the sd plan. Liberty of instroke and outstroke. 8. LIBERTY OF instroke and outstroke into and from the demised mines and premes from and to any adjoining mines for carrying minerals from such adjoining mines through the demised mines and premes as afsd, or for working the demised mines from such adjoining mines, but so that no instroke or outstroke drift made through the barriers hinafter covenanted to be left in the boundaries of the demised mines shall exceed in width, and no drift shall be yards to any other drift. nearer than Powers to 9. THE POWERS afsd over the surface are to be granted be subject rights. to existing subjt to any rights or powers which may have been previously acquired by any existing lessees or other psons under any existing leases or agreemts. Reservation of minerals to lessor. 10. THERE SHALL be reserved to the lessor all minerals and substances togr with all rights, privileges, and easemts not hby specifically agrd to be demised, with full powers of winning, working, manufacturing, and carrying away such |