PREC. I. of the lessees, and the lessees shall pay all expenses attending this agreemt. Lessor's powers before grant of lease. Lessor's title not to be inquired into. Arbitration. 56. UNTIL THE lease or leases shall have been granted, the lessor shall have the same powers and remedies by distress and otherwise in case of nonpaymt of rent and royalties, and all other powers and rights as if the lease or leases had been executed. 57. THE LESSOR's title shall not be inquired into. 58. ANY QUESTION arising out of this agreemt shall be settled by arbitration in the usual mner. 59. Add any other clauses from the forms given above which may be appropriate. IN WITNESS, &c. Schedule of Parcels. PREC. II. Witnesseth. Demise. II. LEASE of IRON and METALLIC MINE in DEVONSHIRE effected by Grant of LICENCES ONLY. PARTIES, A. (hinafter called the lessor, which expression, &c., see p. 619, note), 1; B. and C. (hinafter called the lessees, which expression, &c.), 2. WITNETH that in conson of the rents and reservations hinafter reserved, and of the covenants and agreemts by the lessees hinafter contd, the lessor doth hby grant and demise unto the lessees, exclusive liberty to get, "iron, iron-ore, umber, and other ores, metals, and minerals," p. 741; to make works, p. 742; to use water, p. 743: AND THE iron, iron-ore, umber, and all other ores, metals, and minerals to be found and gotten by virtue of these presents to take, raise, make merchantable, carry away, and dispose of at their will and pleasure, To of To lessees. AND tion of pt Reserva rent. Render in kind. Lessees' HOLD the sd licences, powers and authorities hby granted PREC. II. UNTO the lessees from the day of, for the term of Haben-years, Reservation of fixed rent, p. 748, without the dum. words in brackets; also a yearly royalty "for every ton twenty-one cwt. of iron, iron-ore, or umber," p. 748; ALSO rendering and delivering on the sd premes one or share of all such tin, tin-ore, copper, copper-ore, lead, ende lead-ore, and all other metals and minerals, except iron, iron-ore, and umber, raised or got, continue form for render in kind or money at lessor's option, p. 750: average clause, p. 753: Covenants by lessees "for themselves and their assigns," to pay the rents and royalties, p. 753; to pay rates covenants. and taxes, p. 753; to weigh minerals, p. 762; to allow lessor to inspect weighing-machines, p. 762; to allow lessor's agent to be present at the weighing, p. 763; not to make any unnecessary shafts, p. 759; to fence pits, p. 758; not to work near buildings, &c., p. 761; to allow lessor to inspect "all or any adits, shafts, or works, which shall be driven, sunk, made, or used within the sd lands," p. 765; to preserve surface mould, p. 762; not to cause damage, p. 766: Power to lessor to purchase engines at end of term, p. 770: AND IN Not to case the lessor shall not elect to take such engines, machi- remove plant benery, apparatus, materials, and effects at a valuation as afsd, fore filling then that the lessees will not remove the same, or any pt thof, up pits, &c. from the sd lands until all the shafts which shall have been opened or made by the lessees shall have been filled in, or properly covered or secured, and all rents, royalties, dues, and compensation then due from them shall have been paid according to the covenants hinbefore contd, after which the lessees shall be at liberty during calendar months thereafter to remove the same: Power of re-entry, p. 768; power of distress, p. 771; covenant by lessor for quiet enjoyment, p. 767; arbitration clause, p. 648, with the addition at p. 772. Add any other clauses from the above forms which may be appropriate. IN WITNESS, &c. PREC. III. Demise. quarry. III. LEASE of SLATE QUARRIES in WALES. PARTIES, A., lessor, hinafter, &c., see p. 619, note, 1; B. & C., lessees, hinafter, &c., 2: WITNETH, consideration, demise of " ALL THOSE pieces of land situate, &c., and also" Liberty to the slate quarries, p. 612, TOGR WITH full power, licence, and authority, to open, dig, sink, search for, work, raise, and get all slate or slate-rocks of every kind in, from, or out of the lands and hereds afsd, and for that ppose to remove and take To dig pits, away any surface soil, and to dig, sink, and drive any new pits, shafts, soughs, levels, trenches, dams, embankmts, drains, and water-courses in or about the sd quarries or To divert works: AND TO have, use, alter, and divert the pits, shafts, shafts, &c. soughs, levels, trenches, dams, embankmts, drains, and &c. Alter roads, &c. Put up machinery. houses. water-courses now existing, or hereafter to be opened, or made, in, under, or upon the sd lands and hereds, or any pt thof: AND To make new, and to use, stop up, alter and divert the present and any new tramways, and other roads, inclined planes, levels, drifts, and works in or upon the sd lands and hereds, or any pt thof: AND TO make, build, and erect upon any pt of the sd lands and hereds any engines, machines, wheels, pumps, mills, and buildings whatsoever: Pull down AND To alter and pull down any house or building now standing, or hereafter to be erected on the sd lands [without any liability or obligation to rebuild the same], for the better or more effectually getting, dressing, making merchantable, and carrying away such slate as afsd, or for working or carrying on any works or quarries hby authorised to be made or worked: AND WITH full right to cut and make drains, gutters, pits, and trenches for keeping and conveying water for such engines, machines, wheels, pumps, mills, and other necessary uses in and about the sd works or quarries: AND ALSO to dig and get, in, upon, or out of and clay. the sd lands and hereds, such stone, clay, and other materials, Make drains. Get stone as may be necessary or requisite for making, repairing, and PREC. III. maintaining any works, buildings, tramways, water-ways, or other things now existing, or hereafter erected, or made in connection with the sd quarries: [WITH free right of passage Right of for the lessees, their servants, agents, and workmen, with way. horses, carts, carriages or otherwise in, upon, and over all roads, ways, levels, and drifts for the time being upon or under any other lands of the lessor not hinbefore demised, for carrying away the sd slates, and for carrying and bringing any materials and things whatsoever to or from the sd quarries.] Reservation to lessor of liberty to enter and inspect works, p. 747: To нOLD, use, exercise, and enjoy Habenthe sd lands, hereds, slate rocks, quarries, works, powers, and premes hinbefore demised and granted, subjt to the respive estes and interests of the several tenants of the same lands and hereds, UNTO the lessees from the day of To lessees. for the term of twenty-one years. Reservation of certain Reservarent, p. 748; and royalty" of - for every ton (consisting rent. of lbs.) of slate (except rough flags), of a size ex- Royalty for ceeding 100 superficial inches, which shall be got and made large slates. during the sd term," p. 748. AND ALSO for during the sd term a royalty of dum. tion of for small PAYING there- Royalty for every ton slates. and rent to be royalties. (to be calculated as afsd) of rough flags and lintels and slate of a size not exceeding 100 superficial inches, which shall be got and made during the sd term: PROVD ALWAYS, Certain and it is hby agrd and decld that the quarterly paymt in part payof £, made on any quarter day in respect of the sd ment of certain yearly rent of £, shall be taken in pt paymt, so far as the same shall extend, of the sd royalties of per ton, accrued due in the quarter which shall immediately precede such quarterly day. Average clause, p. 753. Covenants by lessees "for themselves and their assigns" to Lessees' pay rents and royalties, p. 753; to pay rates, p. 753: And WILL keep true and proper books of account of all slates, accounts, slate-rocks, slate-flags, and blocks, which shall be gotten and made in the sd works, and will fairly and openly weigh all such slates, slate-rocks, slate-flags, and blocks, as shall be covenants. To keep &c., lessor to inspect them, them. To work quarries properly. To prose PREC. III. sent for shipment or transit by railway or otherwise sent off the sd lands and hereds, and keep the sd books of account and permit at the office or counting-house of the sd works: AND WILL permit the lessor and his agents at all reasble times during the first fourteen days of every quarter of a year of the sd and verify term to inspect such books of account and parlars: AND ALSO that the lessees will personally, or by their agents or managers, whenever required, verify the accuracy of the sd books of account and parlars: AND ALSO will at all times during the sd term use and work in every respect the sd lands, rocks, quarries, and beds of slate, and make, manufacture, and work all the slate of every description raised or got out of the sd quarries of proper sorts, sizes, thicknesses, and dimensions in every respect according to the best and most improved method for the time being in use in the district of carrying on and working slate quarries, and making and manufacturing slates: AND WILL effectually prosecute cute works. and continue such works, and keep the sd quarries free and To remove clear from all rubbish: AND WILL remove the rubbish, waste, and surface-soil from time to time, and deposit the same in some convenient and reasble pt of the sd demised premes, which the lessor, or his agent, shall approve for that ppose, so as such deposit shall not injure the sd quarries, or impede the future working thof; to keep works in repair, and deliver up at end of term, p. 757; to allow lessor to enter and inspect, "the sd rocks, quarries, and beds of slate and works," p. 765; to make compensation for surface damage, p. 754; power of re-entry, p. 768; power of distress over, "all slates, slate-rocks, blocks, flags, machinery, engines, implemts, plant, horses, carts, live and dead stock, and all other effects whatsoever then and there found, whether such engines, machinery, or other effects may be affixed to the sd lands or not, p. 771. Covenant by lessor for quiet enjoyment, p. 767. Arbitration clause, p. 648, with the addition at p. 772. Add any other clauses from the above forms which may be appropriate. rubbish. Power of distress. IN WITNESS, &c. |