piration of any of the [fixed or] moveable engines, machy, plant, &c., engines, here insert appropriate words, & other articles & things used or &c., at exemployed in or about the carrying on & workg of the mines & term. works hby demised, & shl signify such desire by a notice in writg, signed by him or his agent, & given to the lessees, or left at the countg-house of the sd mines, one calr month at least bfe the expiron or sooner determinon of the sd term, unless the same shl be determined under the power of re-entry hinbfe contd, in wch case the notice may be given or left as afsd at any time within fourteen days after the determinon of the sd term, then & in such case the articles & things specified in such notice shl not be removed by the lessees, but shl be pchased by the lessor, at a price to be determined in case of dispute by arbitron. See Prec. II., p. 830. distress (b). VIII. PROVD ALWAYS, &c., that if & so often as any pt of Power of the rents, royalties, or dues hby reserved or made payable [to the lessor] shl be in arrear for twenty-one days, whether the same shl have been legally demanded or not, the lessor may enter into & upon any of the mines, lands, works & premes hby demised (c) [or any adjoing mines, lands, or works wch shl for the time being be held or occupied by the lessees in connon with the sd mines & premes (d)], & may seize & distrain all [coal] & other minls actually gotten, & all fixed or moveable engines, machy, rails, trams, plant, horses, cattle, implemts, utensils, & things belonging to the lessees, within, under, or upon any of the sd mines & premes As to whether power of mining distress in leases is within Bills of Sale Acts. (b) Although mining leases are excepted out of s. 6 of the Bills of Sale Act, 1878 (enacting that an attornment clause or power of distress given as security for a debt is to be deemed to be a bill of sale), there is no such exception in s. 4, under which "a licence to take possession of personal chattels as security for any debt," is to be so deemed. Whatever the effect of the exception of mining leases in s. 6 may be, it is not clear that the power of distress in the text (although for rent), is not within s. 4, having regard to Pulbrook v. Ashby, 56 L. J. Q. B. 376, 35 W. R. 779 (see above, p. 744, note), so as to be invalidated by the Act of 1882, so far as it goes beyond the Common Law power. In this uncertainty as to the law it is thought better to retain the clause, which is of frequent occurrence in mining leases. (c) If the lease is in the form of licences only, in lieu of "hby de- Variation mised," say wch shl for the time being be held or occupied licences. by the lessees, under the liberties or licences hby grted." 66 (d) See as to this power of distress when the lease has been assigned, Daniel v. Stepney, L. R. 9 Ex. 185. for Addition to power of distress. Provision as to no tices (a). The same. referring to Addition to arbitration clause (b). so demised [held or occupied] as afsd, & may sell & dispose of the same for & towards the satisfon & paymt of all such arrears of rent, royalties, or dues, & also of all expses incidental to, or occasd by such distress or distresses in like mner as landlords may distrain on goods by law distrainable for rent reserved by common demises. IX. AND IN CASE any such distress shl not produce an amt of moy sufft to cover the amt so in arrear & the expses afsd, may stop all works & operons wch may be carried on in or upon the sd demised premes, until the rent, wch shl then remain due, & all expses occasd by non-paymt thof, shl be satisfied: PROVD ALWAYS that the express powers of entry & distress hinbfe contd shl be in addon to & not in lieu of any power of distress to wch the lessor may be by law entled for recovery of the rents hby reserved. X. AND IT IS HBY AGRD that every notice hby required or authorised to be given to the lessor shl be in writg, & may be eir given to him psonally, or left at his usual or last known place of abode in the United Kingdom, or may be given to his agent, or such other pson, & in such mner as the lessor may from time to time direct; & every notice hby required or authorised to be given to the lessees shl be in writg, & may be eir given to them or any of them psonally, or to the ppal manager or captain of the sd mines or works, or may be left at the usual or last known place of abode in the United Kingdom of the lessees, or any of them, or at the office or countg-house of the sd mines or works. XI. AND IT IS HBY AGRD that any notice hby required or authorised to be given to the lessor or lessees resply, shl be in writg, & may be given or served in any of the modes provd by the 67th section of the Conveg & Law of Ppty Act, 1881, with respt to notices to be given to lessors or lessees (as the case may be) under that Act. XII. PROVD ALWAYS that the clause lastly hinbfe contd shl (a) See Hogg v. Brooks, 14 Q. B. D. 475. Where the lessor is a company, the notice may be given to the secretary or left at the registered office of the company; where the lessees are a company, the notice may be given in like manner or in any of the other modes mentioned in the text which are applicable. (b) For arbitration clause, see above, p. 704. not in any mner abridge any of the rts or powers hinbfe given to the lessor or his agent or enable any mre to be submitted to arbitron, wch, under the provons hinbfe contd, wd be subjt to the absolute control of the lessor or his agent, or as to wch the rt to go to arbitron is hinbfe excluded. PRECEDENTS. I. AGREEMENT for LEASE of a COAL MINE (c). PREC. I. BETN A., of, &c. Parties. (hinafter called the lessor), of the one pt, & B., of, &c., & C., of, &c. (hinafter called the lessees), of the other pt. for lease. 1. [IN CONSON of the sum of £ to be pd to the lessor Agreement by the lessees] the lessor shl grt & the lessees shl take a lease & exte a counterpt thof, OF THE unworked coal in the Parcels. seam of coal & all the seams of coal existg below the sd seam of coal lying within & under the lands situate, &c., & called, &c., & estimated to contain acres or thrabouts parlarly descd in the schdle hto & coloured lessees to enter. 2. THE LESSEES, their agents & workmen, shl have power Power to for the purpose of winning, workg, manufacturg, & carrying away the minls hby agrd to be demised to enter upon that pt of the surface of the sd lands wch is coloured upon the sd plan but not upon any other portion thof witht the written consent of the lessor or his agent. THE LESSEES shl have the follg powers over the lands Lessees' coloured on the sd plan [so far as the lessor has the powers. power to grt the same under a lease dated, &c., & made, &c., under wch he holds the sd premes]. (c) See p. 712, note; and see the Coal Mines Regulation Act, 1887. PREC. I. To deposit rubbish and use water. To take building stone and make bricks. To build houses. Way-leave. Liberty of instroke and outstroke. Powers to to existing 3. Liberty to make works, p. 795. 4. LIBERTY TO deposit rubbish produced in workg & manufacturg the demised minls, & to make watercourses & ponds & to divert & use the flowg water (so far as the lessor can authorise the same), but the rt to make watercourses & ponds is grted subjt to the embankmts & puddlg being made pperly to the satisfon of the lessor or his agent, & kept in repair to prevent the water from overflowg, percolatg, or orwise injurg the adjacent lands. 5. LIBERTY TO take bldg stone from such pt of the sd land as shl be approved in writg by the lessor or his agent, & to erect brick-works & to manufacture fireclay into bricks [such stone & bricks to be used exclusively on the sd demised premes]. 6. LIBERTY to erect upon the land coloured dwellghouses for workmen or agents accdg to plans & on sites to be approved in writg by the lessor or his agent. 7. A RT of way to carry minls from the adjoing mines over or under any pt of the demised premes or over any pt of the surface of the lands coloured on the sd plan. 8. LIBERTY OF instroke & outstroke into & from the demised mines & premes from & to any adjoing mines for carrying minls from such adjoing mines through the demised mines & premes as afsd, or for workg the demised mines from such adjoing mines, but so that no instroke or outstroke drift made through the barriers to be left in the boundaries of the demised mines shl exceed in width, & no drift shl be nearer than yards to any other drift. 9. THE POWERS afsd over the surface are to be grtd subjt be subject to any rts or powers wch may have been previously acquired by any existg lessees or other psons under any existg leases or agrmts. rights. Reservation of minerals to lessor. Reserva 10. THERE SHL be reserved to the lessor all minls & substces not hby specifically agrd to be demised, with full powers of winng, workg, manufacturg, & carrying away such excepted minls & substces, & for that ppose to use the lessees' pits, rlwys, tramways, & roads, paying reasble compenson for the use of the same, the amt thof in case of diffce to be settled by arbitron. 11. ALSO POWER to the lessor & his tenants to pass with or witht horses, cattle, carts, & carriages over & along all or any of the roads now existg or to be made by the lessees on the sd demised premes. yrs from the day of PREC. I. tion of right of way. Reserva tion of right to resume lands. Term. 12. ALSO POWER to the lessor to take & use from time to time for any ppose, witht makg compenson, any portion or portions of the lands coloured on the sd plan weh shl not have been appropriated by the lessees as hby authorised. 13. THE TERM shl be 14. THE CERTN rent shl be £- for wch sum the lessees Rent. may work such quantities of minls as at the royalties after mentd will be eql to the same, & the term "short workgs" hinafter contd means workgs short of such quantities, & the term "excess excess" or "surplus workgs" means workgs in excess of such quantities. & taken as large coal wch will not on being screened pass through a screen of bars wch are [one] inch apt or wch shl be sold unscreened. for coal 16. NO ROYALTY shl be pd for coal actually consumed by No royalty pumpg, windg, & ventilatg engines, ventilatg furnaces, & pit consumed. fires used for workg the demised minls, provd the quantity consumed does not exceed from the demised premes. p. c. of the total amt raised 17. NO ROYALTY shl be pd for bldg stone or fireclay made No royalty into bricks weh shl resply be used upon the premes. for stone or bricks 18. A WAY-LEAVE rent of per ton shl be pd for minls used. conveyed from adjoing ppties over or under the demised Way-leave premes or over the surface of the lands coloured sd plan. on the rent. 19. THE LESSEES shl pay at the rate of per acre by Surface way of rent for any quantity up to acres of the surface rent and per acre for all tion to lands wch shl be taken, & at the rate of acres, & shl pay for crops, compensa tenants. |