bessee to pay rent, p. 679; pay taxes, p. 679; to reside, p. 765; PREC. V. [to pay for draing, p. 764]; to repair, p. 764; not to alter the Lessee's condon of the premes, p. 765; to insure & rebuild, p. 686; to covenants. clean out ditches, p. 764; to cultivate accdg to custom, p. 765; insert the special stipulons (if any) to be observed, first as to cultivon of arable, then of meadow or pasture land, & lastly as to the cuttg of underwood & preservon of timber, &c., see above, pp. 765 to 767; the details of these clauses in each case will depend on the nature of the farm & the custom of the district; [to preserve hedges, p. 767]; to allow lessor to inspect, p. 768; [to keep a field book, p. 768]; to protect game, p. 768; not to assn or underlet, p. 769; covts (c) as to method of cultivon durg the last two or three yrs of tenancy, see above, pp. 769 to 771, 780, 785, 788; to deliver up at end of term, p. 771; Power of re-entry, p. 698; Provo as to sales under distress of things corted to be consumed on the premes, p. 775; covt by Lessor's lessor to provide materials for repairs, p. 771; to allow tenant to destroy rabbits, p. 772; to compensate for unexhausted improvemts, see pp. 772, 779, 781, 786, 789; Provon that compenson is to be in substiton for statutory compenson, p. 776; for quiet enjoymt, p. 775; arbitron clause, p. 777. IN WITS, &c. [Schdle of pcels.]

covenants.

VI.

LEASE of SPORTING RIGHTS (d).
day of

THIS INDRE made the

PREC. VI.

betn A., of, &c.

(hinafter called the lessor, wch expression shl include the pson

(c) The details of these clauses in each case must be settled, having reference not only to the nature of the farm and the county in which it is situated, but also to whether the tenant is restricted as to the mode of cultivation during the earlier part of the term.

(d) This demise must be by deed, see Bird v. Higginson, 6 A. & E. 824. By virtue of the Ground Game Act, 1880 (43 & 44 Vict. c. 47), this lease cannot interfere with the right of the tenants in occupation of the land, or of the lessor himself when he is in occupation, Morgan v. Jackson, [1895] 1 Q. B. 885, to kill ground game; but the lessee has full power to institute legal proceedings as if he were the exclusive owner of the sporting rights.

PREC. VI.

Wit

nesseth.

Parcels.

Reservation of rent.

Right of lessor to cut timber (c). Lessee's covenants.

To keep

down hares and rabbits.

or psons for the time being entled to rece the rent hby reserved where the context so admits) of the one pt, & B., of, &c. (hinafter called the lessee, wch expression, &c., see p. 670), of the other pt; WITNETH that in conson of the rents & covts on the pt of the lessee hinafter reserved & contd, the lessor doth demise unto the lessee the exclusive rt with friends, servants, & others, of shootg [huntg, coursg, fishg, fowlg], & sportg over, & takg all & all mner of game [woodcocks, snipes, quails, landrails] (a), hares, rabbits, wild fowl, & fish [& of trappg vermin] upon & from the lands, woods, & hds desed in the schdle hto, subjt as to such of the sd lands, woods, & premes as are in the occupon of tenants of the lessor to the rts conferred upon the sd tenants by their leases or agrmts of tenancy or by law; WITH power to enter upon all the sd premes for the pposes afsd or for preservg the game, wild fowl, or fish [& to have & carry away for his own use the game, rabbits, & other animals of the kinds afsd there killed & taken by him (b)]: To HOLD the same unto the lessee for the term of

yrs, from

the day of, determinable as hinafter mentd, paying therefor yrly durg the sd term hby grted, & so in proportion for any less time than a yr the rent of £, witht any dedon, by eql qtrly [half-yrly] paymts, &c., see p. 676 [savg & reservg to the lessor full & free liberty to cut & fell timber on the sd lands & premes, & to cut down or grub up the underwood growg thron]; covts by lessee to pay rent, p. 679, omittg the words "except as afsd;" to pay rates & taxes, p. 679, "upon the sd rts & privileges hby demised or on the owner or occupier in respt thof;" AND will keep down the number of hares & rabbits on the sd premes so as to prevent them from becomg injurious at any time to the woods of the lessor or the crops of his tenants (d); AND shl from time to time pay to the lessor

As to the right to turn out game bred on other land, see Birkbeck v. Paget, 31 Beav. 403.

(a) See p. 761, note (g).

(b) The right conferred by the words in brackets makes the demise one of an interest in land as distinguished from a mere licence, Webber v. Lee, 9 Q. B. D. 315.

(c) This right does not require express reservation, Gearns v. Baker, 10 Ch. 356.

(d) The lessor can recover under this covenant only nominal damages for injury inflicted on a tenant and not on himself, and for which he is not liable to the tenant, West v. Houghton, 4 C. P. D. 197.

&c.

compenson for any mischief or damage that shl be done at any PREC. VI. time by the sd hares & rabbits to the sd woods or crops [AND To keep up also will at the expiron or sooner determinon of the sd term a stock of leave in or upon the sd premes a breedg stk of game & hares game. eql to that wch now exists thron]; AND further that the lessee Not to will not at any time durg the sd term assn or underlet the rts assign, &c. & privileges hby grted or any pt thof witht the previous consent in writg of the lessor; AND will at all times durg the sd To keep off term employ a pper keeper or keepers to protect the wood & trespassers, underwood upon the sd premes, & to warn off all psons who durg the sd term shl sport or orwise poach or trespass thron in pursuit of game or rabbits; AND will pay all expses of & relatg to the prosecon of trespassers in search of game; AND will not do or permit any spoil or damage whatsr to the sd lands & premes or the crops thron; PROVD always, &c., as in Power for power of re-entry, p. 698, down to "credors," then & in any determine such case it shl be lful for the lessor by notice in writg under lease. his hand to determine this psnt demise, & thrupon these psnts & the rts & privileges hby grted shl absolutely cease & become void (but witht prejudice to any rt of action or remedy wch shl have accrued to the lessor in respt of any breach of any of the covts & provons hrin contd); covt by lessor for quiet enjoymt, p. 695, "of the rts & privileges hby demised"; [PROVD always, &c., that it shl be lful for the lessor at any Power to time durg the term hby grted to determine the rts & privileges lessor to hby demised as to any pt or pts of the sd lands, woods, & rights as to premes not exceedg in the whole acres, makg compenson the land. portion of for the same by a redon of the rent hby reserved, the amt of such redon to be fixed in case of dispute by arbitron under the provon hinafter contd]. Arbitron clause, p. 777. IN WITS, &c.

[Schdle of lands.]

lessor to

determine

LEASES (MINING) (a).

Unopened mines with surface.

Mines without surface.

Opened collieries, &c., with part of

surface.

or,

PARCELS.

[& all

I. ALL THOSE pces of land, &c., descd with referce to schdle & map, p. 379, & all coal, cannel, ironstone, bldg-stone, & clay, " & all that mine, bed, or seam of coal called other, if any, the mines, beds, or seams of coal overlaying, or, 'situated below,' the seam] & all seams or beds of fireclay associated & capable of being worked in conjunction with the

seam, [or with any such other mine or seam of coal as afsd]," or, " & all mines, veins, & beds of tin, tin ore, copper, copper ore, lead, lead ore, & other metals, ores, & metallic minls whatsr," situate, lying, & being in or under the sd pces of land. Togr with full liberty & power for the lessees (b), their agents & workmen, &c., to work mines, see below, form v.

II. FULL & EXCLUSIVE LIBERTY & licence to search for, dig, mine, & work all coal, ironstone, bldg-stone, & clay, for varions, see last form, situate, lying, & being in or under all those pces of land, &c., & all [coal, &c., & other minls] there found to get, raise, convert, [make merchantable & fit for sale] & carry away for their own use.

III. ALL THOSE pces of land situate, &c., & all the bldgs & erons thron, & the pits & shafts now open thron, & known as the colliery, & the engines, boilers, & other fixed machy, fixtures, & works, in, upon, under, or about the same: AND

(a) As to coal mines, see the Coal Mines Regulation Act, 1887 (50 & 51 Vict. c. 58), especially ss. 36, 37, 38. As to other mines, see the Metalliferous Mines Regulation Act, 1872 (35 & 36 Vict. c. 77), especially ss. 12, 13, 14, amended 38 & 39 Vict. c. 39. As to mines royal, see 32 Sol. J. 657. As to quarries, see the Quarries Act, 1894 (57 & 58 Vict. c. 42).

(b) As mining leases are commonly taken by two or more lessees, the word "lessees in the plural is used throughout these forms.

ALSO all coal, ironstone, bldg-stone, & clay, or as the case may be, within or under the same pces of land, or within or under all those pces of land, situate, &c.: AND ALSO all rlys, tramways, roads, way-leaves, easemts, & convenices belongg to or used in connon with the sd colliery & works.

IV. ALL THOSE slate rocks, slate quarries, & beds of slate of Slate quarries. whatsr description & quality, wch now are or at any time or times hrafter durg the term hby grted, shl or may be opened & discovered in, upon, or under the pces of land, &c.: AND ALSO all tramways, inclines, & other roads, levels, drifts, & works now existg upon or under the sd lands hinbfe descd [& upon or under the lands, &c., being lands not comprd in the demise], & used or intd for gettg, raisg, or transportg the slate from the lands & hds hinbfe descd, or for pposes connected thwith, & all trams, plates, & fixtures in or about the same.

V. AND ALSO LIBERTY & power for the lessees, their agents & workmen, [to enter upon the lands afsd, &] to search for, win, work, get, raise, convert, [make merchantable & fit for sale] & carry away the [coal & other] produce of the mines & premes hby demised, but witht enterg upon the surface of any of the sd lands except the lands coloured on the sd map, [& witht disturbg or damagg any bldgs now existg [or hrafter erected. for agricultural pposes or with the consent of the lessees (d)] on the sd lands coloured, & witht interferg with any rly, tramway, road, works, or privileges of any other lessees of coal, stone, or other mines or minls, belongg to the lessor].

Liberty to

work mines

(c).

VI. AND ALSO LIBERTY & power for the pposes afsd & all other Liberty to sink pits pposes connected with the due & pper managemt, workg, & and make developmt of the sd mines & premes, to use & maintain the works. existg pits, shafts, rlys, tramways, roads, colliery bldgs, machy, & works, on or under the sd lands, & to deepen existg pits & to sink such pits & shafts, to drive such planes, levels, adits, sumps, waterways, & airways, to erect, construct, & maintain such engines, machy, dressg floors, bldgs, workshops, storehouses, cottages, [coke ovens, iron furnaces, brick-kilns, limekilns], erons & things, & to form all such rlys, tramways, &

(c) See another form, p. 382.

(d) If the covenant extends to future buildings these restrictive words may sometimes be necessary to prevent unfairness to the lessees.