Share of residue. Goodwill, machinery, stock-in to take effect in posson on the death of the sd K. [or the default or failure of issue of the sd K. by L. his wife as afsd, wch shl last happen], of & in the stks, funds, & secs, &c., as in last form. VI. ALL THAT the one eql pt or share [& all other (if any) the pt or share], to wch the sd, vendor, is entled under the sd will & codls of the sd K. as hinbfe is recited, of & in the residuary real & psonal este of the sd K., or the moys to arise from the sale, conversion, & gettg in of the same, & the intt, divds, rents, & income thof, subjt to & after paymt of the funl & testy expses & debts of the sd testor, & the legies bequed by his sd will & codls, & the duty on any legies bequed free of duty. VII. ALL THAT the goodwill or intt of him, the sd A., of & in the business of [carried on by him at -], & also all trade, book the machy, utensils, plant, furniture, materials for manudebts, &c. facture, manufactured goods, chattels, & effects belonging to or used in his sd business, & the book debts the parlars whof are entd in the books of acct of the sd business, & the benefit of all existg contracts & orders for the supply of articles & things manufactured by him in his sd business. Exception or reservation. Reservation of minerals, RESERVATIONS AND EXCEPTIONS (a). 66 I. ALL THOSE, &c., pcels, SAVE & except out of the assurce hby made, or, this psnt assurce," All, &c., or, "EXCEPT & reservg unto the sd, vendor, his [apptees] hrs [exs, ads] & assns, &c.," [AND ALSO by way of assurce, & not of exception or reservon, all, &c.]. II. EXCEPT & reservg unto the sd, vendor, his hrs & assns, all [coal, iron-stone, & other] mines & minls in or under the with rights lands hby assured, with full liberty & power at all times to of surface working (b). (a) As to the creation of easements and other rights reserved to the vendor by way of limitation of the use, see the Conv. Act, 1881, s. 62. A deed containing a reservation should be executed by the grantee; Wickham v. Hawker, 7 M. & W. 63, 76. (b) As to the right of a surface owner to support, and to compensation for enter upon the sd lands or any pt thof, to search for, dig, raise, make merchantable, & carry away the sd [coal, ironstone, & other] mines & minls [witht leavg any support for the surface of the sd lands], & with full liberty & power to make, sink, maintain, & use all such pits, shafts, levels, drains, water-courses, & reservoirs, & to construct, erect, maintain, & use all such spoil-banks, railroads, tramroads, & other roads, bridges, bldgs, works, engines, machy, & conveniences whatsr, & to do all such things in, under, upon, through, or over the ed lands, or any pt thof, as may be necy or convenient for all or any of the pposes afsd, makg from time to time nevs to the sd, pchaser, his hrs & assns, & his & their lessees & tenants, reasble & adequate compenson for all damage thby done or occasd to the sd lands, or any bldgs thron [other than any damage occasd by the subsidce of the sd lands]. The same, with right of under ground only. working III. EXCEPT & reservg unto the sd, vendor, his hrs & assns, all mines & minls in & under the sd lands hby assured, with full power & authority to work & get the same mines & minls, but by underground workgs only, & witht enterg upon or in any mner affectg or exercisg any rts or powers whatsr in or over the surface of the sd lands, & makg, compenson, see last form; [or, & so that the sd, vendor, his hrs, exs, ads or assns, Variation, shl not be liable or responsible for any depression, subsidce, pensation damage, or injury whatsr wch may be occasd to the surface of for injury the sd land, or to any bldg, erection, machy, or thing for the time being upon the sd land by the workg & gettg by the sd, vendor, his hrs, exs, ads, or assns, or his or their lessees of if no com to surface. As to exceptions and reservations of subsidence or other damage to the surface, where there is a reservation of minerals, see Stephen on Support, Aspden v. Seddon, 1 Ex. D. 496; Dixon v. White, 8 App. Cas. 833; Bell v. Love, 10 Q. B. D. 547, 9 App. Cas. 286; Consett Waterworks Co. v. Ritson, 22 Q. B. D. 318, reversed on appeal, ib. 702; minerals. Bell v. Dudley (Earl), [1895] 1 Ch. 183. As to compensation for successive subsidences arising from the same act, see Darley Main Colliery Co. v. Mitchell, 11 App. Cas. 127. As to what is comprised in the word “minerals,” see Elph. Interp. 603; Midland Rail. Co. v. Checkley, 4 Eq. 19, 25; Midland Rail. Co. v. Haunchwood, &c. Co., 20 Ch. D. 552; Midland Rail. Co. v. Robinson, 37 Ch. D. 386, 15 App. Cas. 19; Earl of Jersey v. Guardians of Neath, &c., 22 Q. B. D. 555. As to the difference between an exception and a reservation (not exclusive) and between a licence and a profit à prendre, see Sutherland v. Heathcote, [1891] 3 Ch. 504, [1892] 1 Ch. 475; Elph. Introd. 96; Goodeve R. P. 330. The same. any mines or minls in or under the sd land or any pt thof, or any adjoing land]. IV. EXCEPT & reservg out of the assurce hby made, all mines & minls, whether already opened & in workg or not, in or under the lands hby assured, & every pt thof, & in or under all roads or ways intersectg the sd lands, or any pt thof, & in or under all roads or ways boundg the same lands, to the centre of such roads or ways (other than clay, marl, gravel, & sand, wch can be gotten witht going under or passg through any seam or vein of coal or ironstone), & wch mines & minls (other than & excludg such clay, marl, gravel, & sand as afsd) are hinafter refd to as the excepted mines & minls: with full power for the sd, vendor, his hrs & assns, & his & their lessees, agents, servants, & workmen, to search for, get, take, & carry away, & have & take the rents & profits of the excepted mines & minls; & to sink any pits or shafts, & excavate & drive any underground levels, pits, passages, adits, & headways, & to make & lay down any rlys, tramways, or other ways or roads, above or underground, & to make & lay down any sidings, tramways, or other communicons with or to the Rly, & to erect & build any offices, bldgs, engines, pumps, machy, works, or convences, & to place, stack, & lay up any coal, cannel, or other minls, earth, & rubbish raised or to be raised out of any of the sd mines upon such pt of the sd lands as is coloured on the sd map or plan, for the ppose of gettg & workg the excepted mines & minls [& any mines or minls in or under the other lands belonging to the sd, vendor, wch are coloured on the sd map or plan]; & also to make & use for the ppose of the carriage, sale, & delivery, not only of the excepted mines & minls [& of all mines & minls in or under the other lands afsd], but also of all materials, articles, & things wch the sd, vendor, his hrs or assns, or his or their lessees, agents, servants, & workmen, may desire to carry or convey to or from any collieries or works for the time being existg on any of the lands coloured in the sd map or plan, & for any ppose connected with the use & enjoymt of the sd respive collieries & works, mines & minls, a tramway from the point marked A to the point marked B on the same map or plan on the line marked thron, but subjt nevs to the rt of the sd, pchaser, his hrs & assns, to make & use any rail or tramways or other roads or ways over, across, or under the sd tramway, but so as not unnecessarily to obstruct or impede the use & workg thof: PROVD NEVS that no surface rts shl be exercisable under or by virtue of the afsd exceptions & reservons, except in & upon the sd lands coloured on the sd map or plan, & that the sd, vendor, his hrs & assns (hinafter called the mine owners), shl from time to time on demand, make all due compenson to the sd, pchaser, his hrs & assns (hinafter called the surface owners), & the occupiers for the time being of such lands for all such injury or damage as may be done to any bldgs on the sd lands hby assured, or wch may be erected thron for agricultural pposes, arisg from any act or neglect in workg or gettg the excepted mines & minls [or the mines or minls in or under the other lands afsd], or in the exercise of any of the powers or authorities hby excepted or reserved; & that the mine owners shl also previous to using any of the lands wch they are hby authorised to use, remove the turf & surface soil from the pt of the land about to be used by them, & lay up the same in heaps in some convenient pt of the land; & shl also from time to time fence off with good & substantial posts & rails such pts of the lands wch they are hby authorised to use as they may dig into, occupy, or use by virtue of any of the exceptions or reservons hrin contd, & at all times hrafter keep & preserve such fences in good & substantial repair; & shl also pay to the surface owners for every acre of the lands wch the mine owners shl from time to time enter upon, use, or occupy by virtue of any of the sd exceptions or reservons, the yrly rent of £, & so in proportion for any greater or less quantity than an acre, by 4 eql qtrly paymts, on the day of, &c., clear of all dedons, except ppty tax, the first paymt of such rent, or an apportioned pt thof, to be made on such of the sd qrtrly rent days as shl happen next after any such lands shl be entd upon, used, or occupied, & the sd rent shl continue payable until the land shl be levelled & [the turf & surface soil replaced] restored fit for agricultural pposes, & the posson thof delivered up to the surface owners, & shl be recoverable by distress as rent reserved on common demises; & that the mine owners shl also pay all rates & taxes for the time being payable, except ppty tax, in respt of Reserva tion of right of way (a). Reservation of right to from reser voir. the land so entd upon, used, or occupied, & shl also on demand from time to time pay the surface owners or the occupiers or tenants for the time being of the sd lands, reasble compenson for any damage occasd to any grass, corn, or other crops growg upon the sd lands at the time of entry thron; & that all questions of compenson shl in case of disagrmt be settled by two arbitrors or their umpire; & that these stipulons, so far as they purport to affect the sd, vendor, shl bind him & his hrs, exs, & ads, & shl also bind the excepted mines & minls, & the owners thof for the time being. v. EXCEPT & reservg unto the sd, vendor, his hrs [exs, ads,] & assns, full & free rt & liberty at all times hrafter, &c. See pp. 383-384, forms XXVIII.-XXXII. VI. EXCEPT & reservg unto the sd, vendor, his hrs & assns, the sole & exclusive rt & liberty at all times hrafter of using take water the water from the reservoir distinguished in the sd plan by a blue colour, for supplying water to the messe & bldgs called now in the occupon of the sd, vendor, or any messe or bldgs wch may hrafter be erected on the site thof, in as full & ample a mner as htofore, but for domestic, stable, or horticultural pposes only: AND also the free & uninterrupted flow & passage at all times hrafter of the water from the sd reservoir for such pposes through the pipes & tanks now used for conveyg the same under the lands hby assured, along the lines distinguished by a red colour & the letters EE on the sd plan, & through any pipes & tanks wch may from time to time be substituted for the same: AND also liberty from time to time, with workmen & others, to enter upon the sd lands, & to repair (b), renew, cleanse, & maintain the sd reservoir, pipes, & tanks, the sd, vendor, his hrs & assns, givg to the sd, pchaser, his hrs & assns, & his & their tenants, reasble notice previous to such entry, & doing thby no unnecy damage to the surface of the sd lands, or the timber, trees, underwood, or crops thron, & makg full compenson for all damage done or (a) As to implied reservations of necessary easements, see Wheeldon v. Burrows, 12 Ch. D. 49; Taws v. Knowles, [1891] 2 Q. B. 564; Elph. Interp. 200. (b) As to the erection of buildings interfering with the repair of the pipes, see Goodhart v. Hyett, 25 Ch. D. 182. |