Liberty to quarry. Liberty to dispose of buildingstone, gravel, &c. Liberty to get clay and make bricks (a). Liberty to use water. other roads & communicons, spoil heaps, & other convenices, in, over, & under the sd lands as may be necy or convenient. VII. AND ALSO LIBERTY & power to quarry & get stone, sand, gravel, & other bldg & road materials from some convenient pt or pts of the sd lands [to be selected from time to time by the lessor], & to use & employ the same for the pposes of the mines hby demised, & the works belongg thto, [but not for sale, or for the eron of dwg-houses on the sd lands, nor for the eron of bldgs of any kind on any other lands, nor for any ppose whatsr connected with other lands or the mines thereunder], witht paymt of any rent or royalty for the same. VIII. AND ALSO LIBERTY & power to carry away & convert to their own use all bldg & other stone, gravel, sand, & road material, wch may be got in the course of workg the sd mines witht paymt of any rent or royalty for the same. IX. AND ALSO LIBERTY & power to get common brick clay, sand, & other substances to be used in the manufacture of bricks on any pt of the sd lands [to be selected by the lessor], & to manufacture the same into bricks [at any such place as last afsd], & to use such bricks for the pposes of the mines hby demised, & the works belongg thto, witht paying any royalty for such as shl be used [for the pposes of the sd mines, or] for erectg, makg, or repairg any bldg, workshop, kiln, clamp, furnace, oven, or other eron or work hby [demised or] authorised to be erected or made on the sd lands, [but paying a royalty of shillings per thousand for all bricks wch shl be taken away from the same lands]. X. AND ALSO LIBERTY & power (so far as the lessor can grt the same) to use & enjoy for any of the works or operons afsd, any streams, watercourses, springs, or water in or upon the sd lands, & to divert, stop or dam up any such stream or watercourse, & to make, construct, & maintain any watercourses, culverts, drains, or reservoirs, for any of the pposes afsd, [but not so as to deprive any house of a pper supply of water, or in any way to foul or pollute the water, or to interfere with the rts of any other lessees of mines or minls belongg to the lessor or of any other psons entled to the use of such water]. See Prec. I., clause 4, p. 824. (a) For another form, see lease of a brickfield, post, p. 837. another XI. AND ALSO LIBERTY & power for the workg of the sd mines, The same, to use & divert all waters & watercourses within the sd lands form. provd that such diversion of any watercourse can be made witht prejudice to any psons other than the lessor entled to the use thof, & to make any reservoirs or any watercourses or leats for conveying the same or any other streams of water in, over, or through the sd lands for the pposes afsd. make a over, and spoil on adjoining XII. AND ALSO LIBERTY & power to open a level upon the Liberty to adjoing lands of the lessor [as shown on the sd plan & thrin level and distinguished by the colour, & the words "proposed railway level: "] AND to form a rly or tramway across the same lands deposit from the sd level to join any line of rly or tramway now existg, or wch may hrafter be made: AND ALSO to deposit spoil on the same lands [at the place distinguished on the sd plan by the colour, & the words "proposed spoil bank: "] [Provd that the situon of the sd level, rly, tramway, & spoil bank shl be selected by the lessor or his agent]. lands. work through instroke. XIII. AND ALSO LIBERTY & power for the lessees, their agents Liberty to & workmen, to work & get the [coal] & other minls from any adjoining adjoing mines now or at any time or times hrafter durg mines the term hby created, belongg or in lease to the lessees, demised & to bring the same through the mines hby demised, & mines, or the levels & workgs thof, & for that ppose to make drifts & passages by way of instroke from such adjoing mines [& also to deposit the spoil of such adjoing mines on the lands hby authorised to be used for spoil heaps of the mines hby demised] (b). demised XIV. AND ALSO LIBERTY & power for the lessees to make drifts Liberty & passages through the barriers or limits of the sd demised to work mines & premes for the ppose of workg & gettg the [coal] & mines other minls thfrom by way of outstroke through any adjoing adjoining mines now or hrafter durg the term hby created belongg or in mines, or lease to the lessees (b). through outstroke. XV. AND ALSO LIBERTY & power to make such roads, tram- Liberty roads, & rlys in, through, & over the demised premes to & from to make specified the Rly as may be necy, & to go & repass over the same, roads. with or witht waggons, horses, or locomotive steam-engines, for (b) See also Prec. I., clauses 8 and 36, pp. 824, 827; Lewis v. Fothergill, 5 Ch. 103; Jegon v. Vivian, 6 Ch. 742; Whalley v. Ramage, 10 W. R. 315. Proviso as to sites of surface the ppose of carrying coal & other minls from, & bringg materials to the demised premes. XVI. PROVD ALWAYS THAT the sites for all spoil-banks, bldgs, workshops [quarries, clay pits, sand-pits, chalk-pits, brickoperations. kilns, lime-kilns, coke-ovens, iron furnaces, dressg-floors, ventilatg-shafts, railroads, tram-roads, & other communicons], & for all surface operons of the lessees shl be in every case selected by the lessor or his agent. Lessees not to obstruct lessor's mining operations. Lessees not to do unnecessary damage. XVII. PROVD ALWAYS THAT in the exercise of the afsd liberties & powers the lessees shl not obstruct or retard the gettg, workg, or developmt of the minls hinafter excepted & reserved to the lessor, or of the minls in, under, or upon any other lands belongg to the lessor. XVIII. PROVD ALWAYS THAT the lessees shl, in the exercise of the powers & authorities hby grted, do as little injury or damage as can be to the lands afsd, or the timber, crops, or bldgs thron, or to the tenants or occupiers thof, & conform to the provons & restrons hinafter contd. Exception support and barriers, &c. EXCEPTIONS AND RESERVATIONS (a). 1. EXCEPT & RESERVG unto the lessor so much & such pts of the coal in the mines or veins hby demised as is or may be required for the support of any house or bldg now existg on the sd land [or wch may hrafter be erected thron for agricultural pposes or with the consent of the lessees (b)]: AND ALSO all the coal within a distance of yards from each of the existg pits, & any new pit wch may hrafter be sunk to the sd mines or veins hby demised, wch last-mentd coal is to be left as a bulwark or support: AND ALSO all the coal within a distance of yards from the boundary of the lands hby demised, wch is to be left as a barrier, & wholly undisturbed by ming operons: [AND ALSO such of the coal in the mines or veins hby demised as the lessor shl remove in sinkg to, or workg the deeper mines or veins hby reserved, or wch he or (a) See other forms of reservations, p. 386 et seq. they shl require to be left as a bulwark or support for any existg pit, or any new pit wch may hrafter be sunk to the sd deeper mines or veins]. psons minerals. II. EXCEPT & RESERVG unto the lessor all mines & minls in General reservation & under the sd lands other than the mines & minls hinbfe of excepted exply demised: WITH LIBERTY & POWER for the lessor & authorized by him in that behalf, to search for, work, get, raise, convert, manufacture, & carry away the sd excepted or reserved mines & minls at his or their will & pleasure: AND WITH LIBERTY & POWER for the pposes afsd to sink, drive, erect, make & use all such pits, shafts, adits, water-ways, air-ways, bldgs, pumps, rlys, tramways, roads, engines, machy, spoilbanks, cinder-banks, & other convenices, upon, through, or under the sd lands as shl be necy, or convenient, where water rts are of primary importce, omit the word "water-ways," & add "& to use any springs, streams, water-courses or waters, now or hrafter existg on or under any pt of the demised lands, & to divert the same into any other pt of the sd lands by drifts, or any other means," & see Prec. I., clause 10, p. 824. tion of III. AND ALSO EXCEPT & reservg unto the lessor all such Reservastone, sand, gravel, & other bldg or road materials as he may stone, require for use on his este, with full power to enter upon the gravel, &c. sd lands, & to dig, search for, work, quarry, & carry away the same. Timber belong to felled to lessor. lessor to use tram IV. PROVD ALWAYS THAT all the timber & other trees wch shl be felled in the exercise of the liberties & powers hinbfe given to the lessees shl belong to the lessor. v. WITH LIBERTY & POWER for the lessor for the pposes afsd Power to to use all rlys, tramways, & roads for the time being belonging to the lessees or used by them for workg the mines & minls ways, &c. hby demised, or the other pposes afsd, & to cross, intersect, & join any such rlys, tramways, & roads with or to other rlys, tramways, or roads, to be made under the liberty hby reserved to the lessor, & to extend or continue any such rlys, tramways, or roads as afsd, through the spoil-banks, yards, & other premes belonging to, or occupied by the lessees in connon with the mines hby demised. VI. PROVD ALWAYS that if the lessor or any psons authorized Lessor to by him as afsd, shl use any rly, tramway, or road in common join in repairing with the lessees, under the reservon hinbfe contd, the lessor tramways. Liberty to enter and inspect shl pay & contribute a just proportion of the expse of keepg the same in repair & workg order, the amt of such proportion to be settled in case of dispute by arbitron. VII. WITH LIBERTY & POWER for the lessor & his agents, with or witht engineers, surveyors, or other psons at all reasble mines (a). times durg the term hby grted to enter upon, inspect, & examine the sd demised mines & premes, & every pt thof, for the ppose of ascertaing the condon thof, & the mner of workg, carrying on, & managing the same, & the quantity of [coal, or other] minls actually got, or for any other reasble ppose, & to take plans & measuremts of the workgs in the sd mines, & for the pposes afsd, to use, free of chge, all the shafts, pits, engines, ropes, tackle, machy, rlys, tramways, roads, works, & things now or hrafter existg on the sd demised premes, & to have all necy & reasble assistce of the miners, workmen, & others in the employmt of the lessees. Proviso that lessor shall not obstruct lessees, and shall VIII. PROVD ALWAYS that the liberties & powers hinbfe reserved to the lessor shl be exercised & used, so as to cause as little obstron & hindrce as possible to the lessees in the enjoymt of the powers & privileges hby grted, & that the make com- lessor shl pay to the lessees reasble compenson for all loss or damage wch they may sustain, by reason or in consequce of such exercise or use, the amt thof to be settled in case of diffce by arbitron. pensation. REDDENDUM (b). Fixed or dead rent. I. PAYING thrfor [unto the lessor] yrly durg the sd term hby grted, & so in proportion for any time less than a yr, a fixed or yrly rent of £, payable half-yrly on the & the the day of —, day of, the first paymt thof to be made on day of [in respt of wch rent the lessees may work & get durg the half-yr for wch each such half-yrly paymt as at the rates hinafter mentd wd pro -]. (a) Compare the covenant as to this, infra, p. 815. |