Parcels described. powers. Habendum. the and lease unto the said X. Y. all that or so much of all that mine, vein, or seam of coal commonly called as is lying within and under all those closes or portions of closes situated in the township of &c. forming part of the said estates, as the same are now in the occupation of C. D. and known by the names of and containing the quantity following or thereabouts (describe the several Liberties and closes and quantities) together with liberty, &c. &c. (which may be taken from the other forms) to Have and to Hold the said mine, &c. of coal and premises hereby granted and demised with the liberties aforesaid, for the full term of years thenceforth next ensuing. Yielding and paying therefor unto the said A. B. and C. D. &c. the yearly rent of Reservation of rents. (say 3007.) sterling as and for the price of two acres clause. next happen after such additional quantity of coal shall be gotten as aforesaid. Provided always that if Average the said X. Y. &c. shall not win, work, and get out of the said lands the quantity of two acres of the said mine &c. of coal in any one year, that then and so often it shall be lawful for him and them in any following year or years of the term to work, win, and carry away all such deficiency over and above the said stipulated quantity of two acres without paying any further or other yearly rent than the rent of 3001. aforesaid, but nothing in this proviso or these presents shall be construed to excuse or lessen the said yearly rent of 300l. or the rent in respect of any excess of getting as aforesaid." Then follow the ordinary provisoes and covenants, and lastly a de- Covenants.. claration that the lessors will stand possessed of and interested in the rents, covenants, &c., reserved and entered into upon trust to apply the former and act as to the latter as shall be directed by the Court of Chancery in the matter of the Act of Parliament referred to and of the said settled estates. No. IV. LEASE OR GRANT OF A WAY-LEAVE OR RIGHT OF USING A RAILWAY. This Indenture made the day of 1861, between John Cox, hereinafter called the grantor, of the one part, and James Ward, hereinafter called the grantee, of the other part, witnesseth that the Demise. said grantor doth by these presents grant and demise unto the said grantee full licence, right and authority for himself and his agents, workmen and servants to use, for the purposes hereinafter mentioned, at all times (between the hours of five in the morning and Subiect matter of the demise. powers. Habendum. eight in the evening), all that railway extending in one continued line from A, in the parish of B, to C, in the parish of D (describe the way accurately), Liberties and with liberty to pass and repass along the said line, and with all usual waggon and other carriages drawn by horses or moved by steam or other engines, of any kind whatsoever, to convey all such coal and other minerals as shall from time to time be raised by the grantee out of all that mine (describe particularly the mine, colliery, pit, or seams); and to convey all other materials and things which shall be thought necessary or proper for carrying on the said mine; and for the purposes aforesaid to use all the fixed engines, machinery, buildings, and works belonging to the said railway. Together with all other privileges and appurtenances to the said right of way belonging. To Have and to Hold the said licence, right, and authority, and all the other premises hereby demised unto the grantee, from the day of 1861, for the full term years therein next ensuing. Rendering and paying therefor, every year, by four equal quarterly payments, on the usual quarter days, the sum of pounds, the first quarterly payment to be due and payable on the 25th day of March now next ensuing. And the said grantee covenants with the said grantor that he, the said grantee, will pay to the said grantor the rent aforesaid at the times aforesaid, and also will defray all outgoings, rates and taxes chargeable by law upon the premises. And also shall at all times during the said term permit the said grantor and all persons duly authorised by him to use and enjoy the said railway for any similar purposes, with as little interruption as possible, and shall accordingly enter into and adopt all reasonable arrangements, which shall be proposed from time to time by the said grantor, or other persons aforesaid, in Reservation of rent. Covenants. of that behalf. And also shall at all times do as little injury as possible to the said railway, and the sides, rails, fences, and drains thereof, and the buildings, works, and property connected therewith. And also shall from time to time during the said term, except during the last year thereof, contribute his just share of such reasonable costs as shall be required to be incurred for the laying of new rails, or the necessary repair and support of the said railway, and of all the sides, rails, fences, drains and walls belonging thereto, and of so much of the engines, rollers, ropes, buildings, machinery, and works held therewith as shall be used and enjoyed by the said grantee in common with any other persons whomsoever. And also shall and will at all times during the said term keep and preserve the said railway, buildings, fixed engines, machinery, rollers, ropes and works hereby authorised to be used and enjoyed in common as aforesaid in good repair, and fit for the purposes of the rights and liberties hereby granted and demised. Provided always and it is hereby agreed that if at any time during the term the said grantee shall neglect or for breach of refuse to perform any of the covenants and agreements in this deed contained on his part to be observed, then it shall be lawful upon any such breach for the said grantor by notice in writing, signed by him and delivered to the said grantee, or left at his usual or last place of abode, to declare that these presents and the right and liberty thereby granted shall thenceforth determine, and therefore these presents shall forthwith become absolutely void, except in respect of any previous breach of the covenants and agreements herein contained. Provided also (Here may be inserted powers to distrain on non-payment of rent, a covenant by the grantor for quiet enjoyment, and a proviso similar to that Power to grantor to terminate the lease covenant. at the end of Form No. I, by which the covenants, agreements, &c., shall be declared to bind the heirs &c. in like manner as if they had been respectively named after the words grantor and grantee.) witness whereto, &c. In To provide for the bank ruptcy, &c., of the lessee. Provision trials No. V. VARIOUS COVENANTS AND PROVISOES. Clause A. This clause may be added to the covenant to pay the rent: "And if the said (lessee) his executors, &c., shall be adjudged a bankrupt, or make any composition with his or their creditors, for the payment of his or their debts, or take the benefit of the statutes for the relief of insolvent debtors, then it shall be lawful for the said (lessor), his heirs or assigns, to re-enter into and upon the said demised lands, colliery, seams of coal, and premises hereby demised and re-possess and enjoy the same, as if these presents had not been made." Clause B. This is a proviso to meet the contingency of a fault or dislocation being met with: "Provided also, &c., that if in working the said seam any fault or dislocations. dislocation shall at any time be discovered, the said (lessee) if required, shall at his own expense make proper and reasonable trials through such faults or dislocations for the purpose of ascertaining whether or no the seam so interrupted is workable and marketable beyond such fault or dislocation, and if such seam shall be found workable and marketable, shall at his own expense continue the working thereof." |