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IV.

AGREEMENT for letting from YEAR to YEAR a
QUARRY of BUILDING and ROAD STONE. A short
form.

PREC. IV.

AGREEMT made, &c., BETWEEN A., (hinafter, &c., Parties. see p. 619), 1; B., (hinafter, &c.), 2.

now open

quarry.

1. IT SHALL be lawful for the lessee to enter upon the Licence to farm, situate, &c., and to quarry stone from the quarry thereon or from any fresh pits which he may open adjacent thto, from the from year to year till this licence is determined, Ar the royalties following, namely per yard for all road stone and

day of

From to year.

year

per yard

Royalty.

for all building stone removed from the sd land. 2. THE AMOUNTS of the royalties due shall be calculated Royalties up to each of the usual quarter days, and shall be paid lated and within one calendar month after the same.

to be calcu

paid quarterly.

Power of

3. THE LESSOR shall have a lien and right of distress for the royalties upon all the stone which shall for the time distress. being remain on the sd land and upon the lessee's plant. 4. NO NEW pit shall be opened without the lessor's written No new

consent.

5. THE LESSEE shall work the existing pit and any additional pit or pits which shall have been opened by him continuously and vigorously except in case of a general strike or lock-out of workmen or other unavoidable interruption, and shall at his own expense keep the roads on the sd farm in good order and condon, but so that he shall not pay any royalty on the stone used for that ppose, and shall keep the quarry and any new pits which he may open properly fenced so as to prevent accidents, and fill in any pit as soon as it is exhausted, and replace the mould so as to render it as fit as circes will admit for agricultural pposes.

pit to be opened. Lessee to

work con. tinuously.

6. EITHER THE lessor or the lessee may at any time give Power to

VOL. I.

3 E

determine

PREC. IV. notice to the other of them to determine this agreemt, and agreement thereupon the licence to quarry stone shall cease except that by notice. the lessee shall have the right to exhaust any pit then actually

Power of re-entry.

open, and the terms of this agreemt shall in such case continue in force until the whole of the stone then raised or to be raised from any open pit shall have been sold and the royalties paid and until the lessee shall have in all respects complied with article 5 of this agreemt.

7. IF THE lessee shall neglect to pay the rent or royalties for twenty-one days, whether legally demanded or not, or if he shall assign or underlet the premes [or if he shall become bankrupt, or enter into liquidation for the benefit of or compound with his creditors,] the lessor may by notice in writing given to the lessee or left for him at the sd quarry put an end to this agreemt.

IN WITNESS, &c.

V.

PREC. V. LEASE of a COAL MINE, the CLAUSES being placed in

Witnesseth.

Demise.
Parcels.

Reservations. Habendum.

SCHEDULES.

PARTIES, A., lessor (hinafter called the lessor, which expression shall hinafter and in the schedule hto, &c., see p. 619, note), 1; B. and C., lessees, hinafter, &c., 2. WITNETH that in conson of the rents and royalties hinafter reserved and the covenants on the part of the lessees and condons hinafter contd, the lessor doth hby grant and demise unto the lessees, ALL THOSE mines, beds, veins, and seams of coal and fireclay, liberties and privileges mentd and described in the first pt of the schedule hereunder written, EXCEPT AND RESERVED unto the lessor, as in the second pt of the sd schedule is mentd, TO HOLD the premes hby demised UNTO the lessees, from the - day of for the

term of

as to rents.

years, Paying therefor the several rents and royal- PREC. V. ties mentd and specified in the third pt of the sd schedule, Rents. SUBJECT to the provons relating to the sd rents and royalties Provisions expressed in the fourth pt of the sd schedule. Covenants by Lessees' the lessees with the lessor, p. 626, as in the fifth pt of the sd covenants. schedule is expressed. Covenant by the lessor with the Lessor's lessees, p. 640, as in the sixth pt of the sd schedule is expressed: AND IT IS HBY AGREED and decld in mner expd Provisocs. in the seventh pt of the sd schedule: AND IT IS HBY ALSO Proviso AGRD and decld that the sd schedule hereunder written shall dule shall be deemed to be pt of these presents and be read and construed accordingly.

covenants.

that sche

be read as

part of lease.

IN WITNESS, &c.

The Schedule referred to in the above written indre (a).

The first part.

Schedule.

Parcels, p. 740; liberty to work mines, p. 741; to sink Parcels. pits and make works, p. 742; with proviso as to surface operations slightly altered, p. 744; [if necessary, liberty of instroke and outstroke, p. 744; to quarry, p. 742; to use water, p. 743;] lessees not to obstruct lessor's mining operations, p. 745; or to do unnecessary damage, p. 745.

The second part.

66

tions.

SO MUCH and such pts of the sd mines, beds, veins, and Reservaseams hby demised as is or are required for the support of any house or building now on the demised lands, or, on the lands hinbefore described and distinguished by a colour on the sd map :" and also excepted minerals with liberties for working the same, p. 746; to use tramways, p. 746; lessor to join in repairing tramways, p. 747; liberty to lessor to enter and inspect mines, p. 747; proviso that the lessor shall not hinder the lessecs, p. 747.

(a) It will be convenient to paragraph the clauses in the Schedule.

PREC. V.

Rents.

Provisions as to rents.

Lessee's

covenants.

The third part.

Fixed rent, with the words in brackets, p. 748; surface rent, p. 748; galeage rents per ton of coal and fireclay, p. 748; [way-leave rent, p. 749; spoil bank rent, p. 750.]

The fourth part.

ALL THE afsd rents shall be paid free from any deduction except landlord's ppty tax. Proviso that a certain quantity of coal may be got without paying royalty, p. 751; proviso as to accidents, p. 752; strike clause, p. 752; average clause, p. 753.

The fifth part.

To pay rents, p. 753; to pay rates and taxes, p. 753; to pay compensation for surface damage, p. 754; to work mines effectually p. 754, or 755; not to discontinue working, 756; to sink pits, p. 777; or, to execute other special works, see p. 756; to protect mines from encroachment, p. 757; to fence pits, p. 758; to fill in or fence useless shafts, p. 760; not to interfere with roads or streams, p. 759; not to work near buildings, p. 761; to weigh coals, &c., p. 762; with, if thought necessary, the subsidiary clauses, forms XXXI., XXXII., XXXIII., XXXIV.; to keep plans of mines, p. 764; to deliver accounts half-yearly, p. 763; inspection of accounts by lessor, p. 764; to mark boundaries of mine, p. 764; to allow lessor to inspect workings, p. 765; not to obstruct lessor in working excepted minerals, p. 766; [not to allow unauthorised persons to use way-leaves, p. 766; not to assign, p. 638; with the proviso;] to keep works in repair and deliver up at end of term, p. 757.

The sixth part.

Lessor's

For quiet enjoyment, p. 767.

covenants.

PREO. V.

The seventh part.

Power of re-entry, p. 768; power of distress, p. 771; Provisoes. [power to lessees to determine lease, if coal lies too deep, p. 769; or if coal is of bad quality or exhausted, p. 769.] Power to lessor to purchase engines at expiration of term, p. 770; arbitration clause, p. 648; with the addition, p.772; provision as to notices, p. 772: add any other clauses from the above forms which may be appropriate.

VI.

LEASE of SERPENTINE ROCK in CORNWALL.

PREC. VI.

seth.

PARTIES, A. (hinafter called the lessor, &c., see p. 619, note), 1; B. and C. (hinafter called the lessees, &c.), 2: WITNETH Witnesthat in conson of the rents and royalties hinafter reserved and the covenants on the pt of the lessees hinafter contd, Demise. the lessor doth hby grant and demise unto the lessees, liberty to get, "all the steatite, soapstone, porphyry, granite, marble, olivine, asbestos, and diallage stone and rock," p. 741, liberty to make and construct, “adits, shafts, pits, and a jetty, pier, Liberties. quay, or breakwater, sheds, houses, engines, and other buildings, tramways, and roads," p. 742: EXCEPTING AND ReservaRESERVING unto the lessor all timber, trees, wood, and tion of underwood, and all copper, copper ore, lead, lead ore, tin, and minerals, tin ore, and all other metals minerals and stone whatsoever, other than the sd stone and rock hinbefore demised: AND EXCEPTING AND RESERVING all quarries of slate, and and pits and veins of clay and marl whatsoever, with liberty for quarries the lessor, &c., p. 746, form II.; to use tramways, &c., p. 746; lessor to join in repairing tramways, p. 747; liberty for lessor to enter and inspect mines, p. 747: Proviso that lessor

timber

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