To pay lessor for

land permanently injured.

To give lessor

notice

before entering on land.

To work mines effectually (a).

The same. Another form.

hby grted, injure or damage any of the lands afsd, or any bldgs, erons, or crops thron, or the preparons for such crops, then & in every such case the lessees will pay to the tenants & occupiers of the lands so occupied, used, or injured as afsd, pper compenson for or in respt of such occupon, use, or injury, such compenson to be determined in case of diffce by arbitron, & will indemnify the lessor from all actions, pcdgs, claims, & demands on the pt of such tenants or occupiers or any other psons in respt of such occupon, use, or injury.

IV. AND WILL in addon to the compenson payable to the tenants or occupiers of the lands so occupied, used or injured as afsd, pay to the lessor at the expiron or sooner determinon of the sd term, compenson for all permanent damage done to such lands.

V. AND WILL not at any time durg the sd term enter upon any of the lands afsd for the ppose of commencg any new openings or other works, or fellg any timber or trees, or any other ppose, witht givg to the lessor or his agent one week's previous notice in writg, specifying the land so intd to be entered upon & the object of enterg upon the same.

VI. AND WILL at all times durg the sd term unless prevented by [fire or water arisg from] unavoidable accident [or by strikes or combinons of workmen or owing to any lock-out of workmen made with the approval of the majority for the time being of the members of the [coal owners' associon]] effectually & vigorously work, develop, & carry on the sd mines, & will at all times, unless prevented as afsd, keep a sufft no. of [at least -]able miners constantly employed for

such ppose.

VII. AND WILL throughout the sd term in the best & most effectual mner that can be devised & with a sufft no. of able workg miners & labourers & witht intermission, except when prevented by unavoidable accident or impediment or durg the exon of repairs [or by strikes, &c., as in last form], explore, search for, drain, & work the sd mines & minls hby demised, AND for such pposes will make, erect, & maintain in a pper course of workg & state of repair, sufft shafts, adits, levels,

(a) See Wheatley v. Westminster Brymbo Coal Co., 9 Eq. 538. Such a covenant cannot safely be relied upon to take the place of a fixed rent.

outlets (b), bldgs, engines, machy, & apparatus, AND will drive in a pper & workmanlike mner all levels of every description, within the limits afsd, on the course of the seams [lodes] in or under the sd lands, & orwise carry out & exercise the liberties & powers hby grted accdg to the best & most approved modes & course of workg, AND will pperly & sufftly & in due course of ming operons work all seams [lodes] wch now are or hrafter durg the continuce of this lease may be discovered within the lands afsd, & wch can be worked so as to remunerate the outlay thron, & for the ppose of ascertaing what seams [lodes] can be worked with a remunerative result will give to every seam [lode] wch promises such a result a pper & sufft trial when in the regular course of workg the same can be reached, AND will at all times actively prosecute & carry on the workgs upon each seam [lode] wch shl have been begun to be worked (except such as shl upon trial have been found incapable of being worked with a remunerative result) until the same shl be wrought & driven through to the extent of the ground comprd within the limits afsd, AND, in case of any dispute or diffce arisg as to the propriety or sufficiency of the trial of any seam [lode] or the probability of workg the same with a remunerative result or the sufficiency of the no. of men employed upon any seam [lode] or work or the sufficiency or efficiency in other respts of the workg or in anywise in relon thto, the mre in diffce shl be refd to arbitron.

working.

VIII. AND WILL not at any time durg the sd term, unless Not to disprevented, &c., as in form vI. or VII., discontinue the effectual continue workg of the sd mines or any of them for the space of weeks in the whole in any one yr or for any consecutive

period exceedg weeks.

IX. AND WILL durg each half-yr endg on the

day of

day of To get

coal to

produce

minimum

rent.

& of the sd term or until the whole enough of the sd seam of coal [mines & minls hby demised] shl have been worked out [unless prevented, &c., as in form VI. or VII. get such a quantity of [coal] from the sd mines, as, accdg to the galeage [footage] rent or royalty hinbfe reserved, will produce a clear half-yrly rent of £, the minimum rent.

(b) As to coal mines, see 50 & 51 Vict. c. 58, ss. 16, 17, 18.

To carry on special works.

To work mines properly.

Not to injure mines.

To protect mines from encroachment.

x. AND FURTHER (& so that this covt shl not be deemed in any way to restrict or limit the genl covts hinbfe contd resptg the workg of the sd mines) will forthwith commence & carry on the followg works & operons with the object of efficiently & vigorously explorg & workg the seam [lode] (that is to say) the level [adit] shl be driven eastward at the rate of fathoms at the least in every yr by able miners at the least, or such greater no. as may be requisite, until the same shl be wrought or driven through the ground compd in the limits afsd, & that such other drivages & works in addon to those hinbfe specially mentd, shl be from time to time carried on as shl be necy or pper for efficiently developg & workg the seam [lode]. And see Prec I., clause 28, p. 826.

XI. AND WILL at all times durg the sd term search for, win, work, & develop the mines [seams of coal], & premes hby demised in a pper, skilful, & effectual mner, & accdg to the best & most approved practice of searchg for, winng, workg, & developg similar mines & minls [whether the same be] adopted or in use in the district [or not] [& in complice with the provons of the Coal Mines Regulon Act, 1887], & with as little damage as possible to the surface of the sd lands, & to the messes & bldgs, & other erons, & the timber & crops thron [& also with as little damage & interferce as possible to & with the workg of the other mines & minls [seams of coal] lying & being under the lands afsd, but not comprd in this demise], & so as to work & raise the largest possible quantity of [coal] witht causg any damage or injury to the mines [seams of coal] hby demised.

XII. AND WILL not at any time commit or suffer within the mines & premes hby demised [or in any other mines connected or worked thrwith] any wilful or negligent act whby the mines hby demised [or any other mines or minls lying & being under the lands afsd, but not comprd in this demise], may be damaged by or overchgd with water or foul air, or whby the workg of any such mines or minls may be impeded or prevented, [or wch may occasion or bring any creep, crush, or thrust upon the levels, air-courses, water-courses, or works of the sd mines, or any pt thof].

XIII. AND WILL at all times employ all reasble care & diligce to protect the mines & minls hby demised [& all other mines

& minls, or "seams of coal," lying & being under the lands afsd, but not comprd in this demise] from being injured, encroached or trespassed upon, or surreptitiously worked, & in the event of any such injury, encroachment, trespass, or surreptitious workg, will take such measurements as will show the extent of the same & enable the lessor to recover compenson for any loss occasd thby.

To keep repair, and

works in

at end of

XIV. AND WILL at all times durg the sd term keep in good & pper repair, order, & condon all the levels, adits, drifts, shafts, pillars, bulwarks, pits, engines, machy, pumps, water-courses, deliver up air-courses, bldgs, sheds, workshops, erons, rlys, tramways, term. roads, & other works & convenices belonging to the sd mines hby demised or used in connon thrwith, except any works or things wch may become unnecy for the further workg of the sd mines [& wch may not be necy or useful for the workg of other mines & minls lying & being under the lands afsd, but not comprd in this demise], & the same, in such good & pper repair, order, & condon, will deliver up to the lessor, at the end or sooner determinon of the sd term [or at the time when the same shl become unnecy for the workg of the sd mines hby demised] (a).

XV. AND THAT in case the lessor, or his agent, shl at any time durg the sd term give or leave on the sd demised premes a notice in writg to the lessees, to exte or do any such repairs or works as ought to be exted or done by virtue of the covts hinbfe contd, & the lessees shl neglect or omit to exte & do the same within the period of three calr months from the date of such notice, the lessor shl be at liberty to enter upon the mines & works hby demised, & to exte & do the necy repairs & works, & the lessees shl repay the expses of such repairs to the lessor, on demand, & in default of paymt the amt so expended shl be recoverable by distress (b) or orwise, in like mner as if the same had formed pt of the rents hby reserved.

That the repair on

lessor may

default of

lessees.

XVI. AND WILL at all times durg the sd term, at their own To fence expse, make & maintain sufft fences for the proton of man & pits (c). beast round every pit shaft & open pt of any adit or other

(a) See also p. 817, form L.

(b) See p. 744, note.

(c) See as to quarries, 50 & 51 Vict. c. 19; and as to coal mines, 50 & 51 Vict. c. 58, ss. 37, 49 (rules 6-18); and as to other mines, 35 & 36 Vict. c. 77, s. 23 (rules 6, 7).

To fence pits and railways, &c. (a).

To fill in or fence useless

shafts (c).

Not to

make unnecessary

shafts and

to secure

shafts (c).

work already sunk or dug, or wch hrafter shl be sunk or dug, within the limits afsd.

XVII. AND WILL, from time to time, & at all times durg the term hby grted, pperly & securely fence off, & keep fenced off from the adjoing lands by means of a substantial stone wall [post & rail fence] at least feet in height, or some other sufft fence, all the pits, shafts, rlys, tramways, & works of the lessees, used in common with the mines hby demised: [AND whenever any such rlys or tramways shl be made through existg hedges, banks, walls, or fences, will make & maintain pper gates across the rly or tramway at such openings: AND WILL at the expiron, or sooner determinon of the sd term, at the option of the lessor, eir leave such gates in good repair & condon, or block up the openings so made with a pper hedge, bank, wall, or fence, so as to correspond with the adjoing hedge, bank, wall, or fence (b).]

XVIII. AND WILL, whenever any pit or shaft shl become unnecy or useless, eir fill up the same with earth or rubbish, or surround the same with a good & substantial wall of inch brickwork or masonry, at least six feet in height, or cover the same with a good & substantial arch, constructed to the satisfon of the lessor or his agent, unless he shl signify his desire that the same shl be left open, in wch case the same shl be left open accdly, togr with all air-courses, water-courses, passages & other works & convenices belongg thto in good & serviceable condon.

XIX. AND WILL not open or make any unnecy adits, pits, or shafts on the sd lands, & will durg the sd term well & sufftly bind, support, maintain & secure with timber or other good & sufft materials all shafts, tunnels, adits, drifts, & workgs that may be made or used in the sd lands, & the same so bound, supported, or secd at the end or sooner determinon of the sd term will quietly yield up to the lessor.

(a) See as to quarries, 50 & 51 Vict. c. 19; and as to coal mines, 50 & 51 Vict. c. 58. ss. 37, 49 (rules 6-18); and as to other mines, 35 & 36 Vict. c. 77, s. 23 (rules 6, 7).

(b) The words between brackets will be omitted when the railway itself is to be fenced.

(c) See as to coal mines, 50 & 51 Vict. c. 58, s. 17; and as to other mines 35 & 36 Vict. c. 77, s. 23 (rule 8).