rent.

II. AND ALSO a yrly surface-rent of £ for every acre, & Surface so in propon for any less quantity than an acre of the sd lands wch shl be taken or used by the lessees, for any of the works, operons, or other pposes afsd, every such surface-rent to be payable by eql half-yrly paymts on the half-yrly days afsd in every yr after the same shl become payable, & the first of such paymts to be made on such one of the same half-yrly days as shl happen next after the same shl have become payable.

galeage

rent.

III. AND ALSO a galeage-rent or royalty, to be pd on the days Royalty or hinbfe mentd, of for every customary ton (reckong got or raised from or out of the sd tons (c)], durg the

lbs. to the ton) of
demised & premes [in excess of

half-yr immedly precedg each such paymt.

royalties

for for dif

IV. AND ALSO the galeage-rents or royalties follg to be pd on Different the days afsd, namely a galeage-rent or royalty of every ton (reckong 2240 lbs. to the ton), of coal got or raised ferent from or out of the seam, & a galeage-rent or royalty

of

of the

paymt.

for every ton of 2240 lbs. got or raised from or out

seam durg the half-yr immedly precedg each such

seams.

for for large

coal.

V. AND ALSO the galeage-rents or royalties follg to be pd on Different royalties the days afsd, namely, A galeage-rent or royalty of every lbs. of coal got or raised from or out of the demised and small premes, except small coal wch will pass through a screen with meshes inches square, or, "the bars of wch are [one] inch apart;" AND a galeage-rent or royalty of lbs. of such small coal as afsd; AND a further

for every

lbs. of coal,

galeage-rent or royalty of for every
not being small coal, impperly sold, used, or consumed under
the denominon of small coal, such last-mentd galeage-rent or
royalty to be in addon to the galeage-rent or royalty first
hinbfe mentd.

VI. AND ALSO the royalties follg, to be pd on the days afsd, Royalties varying namely, AT ALL times durg the sd term a royalty of for according lbs. of coal got or raised from or out of the demised to market price. premes; AND ALSO if & whenever the price of coal at the pit's

every

(c) That is, the quantity of tons the royalties on which will amount to the fixed rent.

K.E.-VOL. I.

3 F

Footage rent.

Way-leave rent (a).

Spoil-bank rent.

The same, another

form.

mouth shl exceed the price of

shillgs per ton, then an

lbs. of coal so got shillg or fraction of a shillg by wch such shillgs per ton.

addonal royalty of pence for every
or raised for every
price shl exceed

VII. AND ALSO a rent of £ payable half-yrly on the days afsd for every acre being one foot in thickness, & so in propon for any less quantity than an acre, & for any greater or less thickness than a foot, of all coal wch shl have been raised or got out of the seam in the half-yr immedly precedg each such paymt.

for every customary & other minls raised

as the same are

VIII. AND ALSO a way-leave rent of ton (reckong 2240 lbs. to the ton) of or obtained from any lands not comprised in this psnt lease, or, "the adjoing mines known as & now held by the lessees," & brought through, over, or upon the mines & premes hby demised, & the workgs thof under the liberty hinbfe grted in that behalf, such way-leave rent to be payable half-yrly on the days afsd for & in respt of all — & other minls wch may be brought through, over, or upon the mines & premes hby demised, or the workgs thof, as afsd, durg the half-yr immedly precedg each such paymt.

IX. AND ALSO a rent of £, in addon to the sd way-leave rent, for every customary ton (reckong as afsd) of spoil or rubbish produced in workg· & other minls raised or obtd from any lands not comprd in this psnt lease, or as in last form, & deposited on the lands comprd in this psnt lease under the liberty hinbfe grted, such last-mentd rent to be payable half-yrly on the days afsd for or in respt of all spoil or rubbish deposited as afsd durg the half-yr immedly precedg each such paymt.

x. PROVD ALWAYS that if the spoil or rubbish produced in workg - & other minls from — be deposited on the lands hby demised under the liberty hinbfe grted, a rent of — for every customary ton (reckong as afsd) of all & other minls worked as last afsd, shl be pd in addon to the sd wayleave rent, such rent to be payable half-yrly on the days afsd for or in respt of all- & other minls worked as afsd durg the half-yr immedly precedg each such paymt.

(a) See Morgan v. Davey, 1 Cab. & Ell. 114.

pt of all

kind or

money at

option in

minerals.

XI. RENDERG & DELIVERG on the sd premes durg the sd Render in term unto the lessor for his own use one eql [copper, copper ore, lead, lead ore, tin, tin ore, & all other lessor's metals, ores, & metallic minls] raised or got durg the sd term respect of from the sd lands and premes by virtue of these psnts after metallic the same shl have been dressed, made merchantable, [& fit for smeltg & refing], clear of all expses attendg the raisg, gettg, makg merchantable, & weighg the same [OR at the option of the lessor, PAYING in lieu of the sd reserved pts of the sd [ores, metals, or minls,] one eqlpt of all moy arisg from the sale of all such [ores, metals, & minls,] as afsd, after deductg cost of carriage to the place of sale, such cost not to exceed per ton of lbs. [for copper & copper ore, ton for lead & lead ore, & per ton for tin and tin ore, &c.] but witht any other dedon, the respive royalties reserved in moy as last afsd to become due & payable as soon as the price of the sd [ores, metals, or minls,] in respt whof the same shl be payable, shl be reced by the lessees, but in case the same shl not be reced by them within from the sale, then at the expiron of such the sd respive pts [or royalties hinbfe reserved] [& delivered] half-yrly on the day of day of in every yr durg the sd term or oftener, if and so often as any such [ores, metals, & minls,] as afsd shl have been raised or got & made merchantable.

per

calr months

calr months] to be rendered

& the

as to coal

without

&c.

XII. PROVD ALWAYS that the lessees may, in every half-yr of Proviso the sd term, get & raise out of the sd demised mines & premes, which may witht paying any royalty, or, "galeage," or, "footage rent" [so be got much coal as at the afsd royalty, or, "galeage," or, "footage paying rent," wd yield a rent of £ for such half-yr, & also] so royalties, much coal as may be actually consumed in the engines or furnaces for the time being employed or orwise consumed in workg the same mines & premes, or supplied witht chge to the manager, colliers, or labourers employed thron, when other mines are worked by instroke through the demised mines, say, "engines or furnaces for the time being exclusively employed or orwise consumed exclusively in the workg of the demised mines & premes," & add "But if any such engine or furnace shl be employed, or if the sd coal shl be consumed ptly in the workg of the demised mines & premes, & ptly in the workg of

Proviso as to manner

of ascer

taining footage rents.

other mines, such a proportionate quantity only of such coal as shl be consumed in respt of coal raised from the demised mines shl be free from royalty, or, 'galeage,' or, 'footage rent.'" And see Prec. I., clause 16, p. 825.

XIII. PROVD ALWAYS that for the ppose of ascertaing the amt of footage rents payable under the reservon hinbfe contd, coal wch shl be left for pillars, supports, barriers, or bulwarks [or wch shl be found unworkable], shl not be taken into acct, & that the acreage shl be measured along the inclinon of the seams of coal, & that the thickness shl be measured perpendicular thto, so as to obtain the true contents of the coal raised or got. XIV. PROVD ALWAYS that the surface rent payable as afsd shl be in addon to & not in lieu of any compenson weh may be compensa required by & shl be reasbly due to any tenant of the lands in respt of wch the same surface rent shl be payable for any damage or loss occasd to such tenant by the takg or using such lands by the lessees.

Proviso as to surface rent and

tion to

tenants.

Proviso as to acci

dents.

Strike clause.

XV. PROVD ALWAYS that if at any time durg the sd term the lessees shl be wholly prevented from workg the mines hby demised by fire & water, [arisg from unavoidable accident,] & if & so long as in such case they shl use their best endeavours to restore the sd mines to a condon fit for workg, & to resume & continue the pper workg thof, the sd yrly fixed or minimum rent of £ shl cease to be payable durg such time as such impediment to the workg of the sd mines shl continue.

XVI. PROVD ALWAYS that if at any time durg the sd term it shl become impossible, owing to any strike (a) or combinon of workmen, or owing to any lock-out of workmen, made with the approval of a majority for the time being of the members of the [coalowners' associon], to raise or get a sufft quantity of [coal] from the sd premes to continue the pper workg of the mines hby demised, then & in such case & so long as such impossibility shl continue, such pt only of the sd fixed or dead rent of £ shl be payable as wd be payable as a galeage [footage] rent, after the rate afsd, in respt of the [coal] actually raised or got out of the premes [other than coal consumed in the engines or furnaces for the time being thron or supplied witht chge as afsd].

(a) As to strikes, see Stephens v. Harris, 56 L. J., Q. B. 516.

XVII. PROVD ALWAYS that, if in any yr of the sd term the Average clause (b). lessees shl not get & raise from the sd demised mines & premes such a quantity of [coal] as at the rates afsd wd produce for that yr galeage [footage] rents or royalties equivalent to the fixed or minimum rent payable for that yr, or, tons of

then & in every such case the lessees may, in the next succeedg yr, [one or more of the next succeedg yrs] of the sd term, but not aftwds (c), get & raise from & out of the sd mines & premes such a quantity of [coal] as shl be required to make up the deficiency in such previous yr witht paying any rent or royalty for the same other than the sd fixed or minimum rent.

LESSEES' COVENANTS.

rents.

I. THAT the lessees will durg the sd term pay, render, or To pay deliver the sevl rents, royalties, dues, & reservons hinbfe reserved or made payable on or at the days or times, & in the mner hinbfe appted for the paymt, render or delivery thof resply, clear of all dedons whatsr (except landlord's ppty tax).

rates and

II. AND WILL, as in form Iv., p. 679, imposed upon or in To pay respt of [the sd demised mines & premes or (d)] the coal, ores, taxes. metals, or minls got thfrom, or the proceeds of the sale thof, or the rents, royalties, or reservons hby reserved or made payable [or any land entered upon, or bldg, eron, or work erected or made under or by virtue of these psnts], or on the owners or occupiers in respt thof, the landlord's ppty tax only excepted.

compen

sation to

III. AND THAT in case the lessees shl at any time or times To pay durg the sd term occupy or use any of the lands afsd for the ppose of the sd mines or works under the liberty in that behalf hby grted, or shl, in the exercise of any liberty or privilege damage.

(b) As to the importance of this clause, see Bishop v. Goodwin, 14 M. & W. 260.

(c) In some districts this is not restricted to a limited number of years. (d) Where a licence only to get minerals is granted, omit the words here bracketed, and substitute the words "by virtue of the licences hinbfe contd" for the word "thfrom."

tenants for

surface