meat earth. PREC. VI. shall not hinder lessees, p. 747; Habendum, p. 623; Reservation of fixed rent, p. 748; royalty, p. 748. Covenants by lessees, "for themselves and their assigns," to pay rents, p. 753; to pay rates, p. 753; not to discontinue working, p. 756; to pay compensation for surface damage, p. 754; to keep works in repair, p. 757; to fence pits, p. 758; not to To preserve interfere with roads or streams, p. 759; AND ALSO will lay aside for the use of the lessor, all meat earth, and soil, which shall be dug by the lessees, and will not within twelve months afterwards, lay any stones or rubbish thereon; to keep accounts, p. 763; deliver accounts half-yearly, p. 763; to allow lessor to inspect accounts, p. 764; and to inspect workings, p. 765; not to obstruct lessor in working excepted minerals, p. 766. AND FURTHER that if the lessees shall erect a jetty, pier, quay, or breakwater, by virtue of the liberty or licence hinbefore contd, they shall allow the lessor and his tenants to use the same for all pposes which shall not interfere with the works of or with the user of the same by the lessees, upon such terms as to the paymt for or mode of enjoymt of the same as shall be agrd upon by the lessor and lessees, or in default of agreemt shall be determined by arbitration; to deliver up at end of term, p. 766; 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, p. 772: add any other clauses from the above forms which may be appropriate. IN WITNESS, &c. To allow lessor to use jetty. PREC. VII. VII. LEASE of a BRICKFIELD. PARTIES, A., lessor, hinafter &c., see p. 619, note, 1 ; B. & C. lessees, hinafter, &c. 2. WITNETH that in conson of the nesseth. rents, royalties, covenants, and condons hinafter reserved Wit and contd, and by the lessees to be paid, performed, and ob- PREC. VII. served, the lessor doth hby grant and demise unto the lessees, Demise. ALL THOSE pieces of land situate, &c., AND ALSO liberty to get clay, brick earth, and sand, and other materials to be used in the manufacture of bricks [or tiles] from the sd lands, and to manufacture the same into bricks [or tiles] on any pt (a) of the sd land, and to sell and dispose of the bricks [or tiles] so manufactured, liberty to use water, p. 743, AND ALSO liberty to erect, construct, and maintain such engines, machinery, kilns, clamps, ovens, workshops, buildings [cottages], erections, and things, and to form such roads, communications, ash heaps, spoil banks, and other conveniences on and over the sd lands as may be necessary or convenient [General reservation of mines and minerals, "other than the clay, brick earth, sand, and other substances hby demised," p. 746]; liberty to lessor to enter and inspect works, p. 747, form vii., saying, "the sd demised premes,' and "the quantity of clay, brick earth, and sand actually got, and the number of bricks [and tiles] in course of manufacture or ready for sale," and omitting the clause beginning “for the pposes afsd," TO HOLD, use, and enjoy the sd premes hby dum. granted and demised UNTO the lessees from the day for the term of 21 years, Reservation of dead rent, p. 748, form i., saying, "may manufacture during the half-year, &c., bricks [and tiles]." AND ALSO a royalty to be paid on the days hinbefore mentd of for every thousand bricks manufactured on the demised premes in excess of thousand during the half-year immediately preceding such paymt, and of — for every thousand tiles manufactured, &c., PROVD always that no Proviso. royalty shall be paid in respect of any bricks or tiles used in the erection, construction, or maintenance of any of the kilns, clamps, ovens, workshops, buildings, cottages, erections, of (a) If the brickfield is near buildings some restrictions as to the position of clamps, kilns, and ash heaps may be required. The nature of the tiles, whether roofing or draining tiles, and the dimensions, must be stated. Haben Redden dum. Lessees' covenants. Clamps, &c. To preserve Not to carry away clay, &c. PREC. VII. water-courses, culverts, drains, or things hby authorised (a). Covenants by the lessees "for themselves and their assigns," to pay rent and royalties, p. 753, to pay rates and taxes, p. 753, saying "the demised premes or the clay, brick earth, sand, and other materials got therefrom, or the proceeds &c.," to fence "the demised premes," p. 758, to prevent poaching, p. 761, [not to place clamps, &c., except in certain places, p. 761, form XXVI., mutatis mutandis.] AND ALSO that the lessees will lay aside and preserve the two topmost spits of soil from any pt of the premes where they may dig clay or sand, and will as soon as the clay, brick earth, or sand shall have been taken replace the sd two spits of soil and restore the surface so as to be fit for agricultural pposes, AND WILL not carry away from the demised premes any clay, brick earth, sand, or other substances obtained under the liberties afsd, but will manufacture the same on the demised premes and not elsewhere into bricks [or tiles], And will at all times keep at the office on the demised premes accurate accounts showing the number of bricks [and tiles] manufactured on the demised premes, and of the sales thof, and of the terms, &c., continue to keep accounts, p. 763, mutatis mutandis, to allow the lessor to inspect accounts, p. 764, mutatis mutandis. AND ALSO inspection that the lessor and his agents shall be at liberty at all times by lessor. during the sd term to enter upon and inspect the demised To indem- premes; AND ALSO will during the sd term indemnify and nify lessor keep indemnified the lessor against all actions, claims, actions, &c. damages, and expenses which may be instituted or occasioned in respect of the storage of ashes or other materials, or the manufacture of bricks [or tiles] on the demised premes or any annoyance or damage which may be thby occasioned to the neighbourhood. To deliver up at end of term, p. 766, saying, "with all kilns, clamps, erections, and buildings," To keep accounts. To allow against (a) Sometimes an average clause, see p. 753, is inserted : but it appears to be inappropriate. If it is inserted a covenant to work effectually, p. 754, mutatis mutandis, should be inserted. Power of re-entry, p. 768. Power of distress, p. 771, saying, PREC. VII. "all clay, brick earth, sand, and other materials actually gotten, and all bricks [and tiles] partially or completely manufactured, and all fixed, &c." Covenant by the lessor for quiet enjoyment, p. 767; Power to lessees to remove, “all bricks [and tiles] completely manufactured and being on the sd premes," p. 770, form vi., mutatis mutandis [arbitration clause, p. 648, with the addition, p. 772]. IN WITNESS, &c. VIII. AGREEMENT for YEARLY TENANCY of a BRICKFIELD." prec. VIII. A short form. PARTIES, A., hinafter, &c., see p. 619, note, 1; B. and C., hinafter, &c., 2. 1. THE LESSOR hby demises to the lessees as yearly Demise. tenants from the day of, ALL THAT field, situate, Parcels. &c., WITH liberty to the lessees to get clay and sand Right to thfrom, and to manufacture the same into bricks on any pt get clay of the premes, and to erect such kilns, [clamps,] sheds, or bricks. huts, as may be necessary for such ppose. 2. THE RENT shall be a certain rent of £ half-yearly, on the day of and and a royalty of and make payable Reserva day of per 1000 bricks to be paid on the days afsd on all bricks made on the premes during the half-year preceding each such paymt. 3. Lessees not to discontinue working, see p. 756. tion of rent. 4. THE LESSEES shall at their own expense keep the road Lessees to from the sd field to the turnpike road from repair and good condon. to in repair road 5. To preserve surface mould, and not to carry away clay or sand, as in last precedent, p. 792. 6. EITHER PTY may determine this agreemt by giving PREC. VIII. one calendar month's notice in writing to the other, expiring in any year. 7. IF THIS agreemt shall be determined by the lessor by notice expiring before the day of -, he shall pay for all kilns [clamps], sheds, and huts erected by the lessees on the sd field at a valuation made by two psons, one to be appointed by each pty, or an umpire in the usual mner, but in the event of the determination of this agreemt in any other mner, the sd kilns [clamps], sheds, and huts shall belong to the lessor without his making any paymt for the same. 8. Power of re-entry, p. 768, saying, " may re-enter upon the premes, and put an end," &c. AS WITNESS, &c. |