INSTROKE AND OUTSTROKE,
clause to secure, Appendix.

INSTROKE,

working adjacent seams by, 57-59, 61.

INTIMIDATION BY WORKMEN, 158.

INUNDATIONS AND BARRIERS, 216-233.
the rule of law on the subject, 216.
leading cases, 217-232.

water flowing by gravitation to lower mine, 224.
damage through escape of artificial water, 225.
vis major-extraordinary rainfall, 227.

water discharged into neighbouring mine, 229–232.
injunction where working will destroy mine and adjoining
mine, 232.

JOINT STOCK COMPANIES ACT, 134, 135.

LAND,

legal meaning of, 29.

LEASE, 23-48.

nature and meaning of, 23, 24.

how made, 25.

effect of Statute of Frauds, 24.

must be by deed, 24.

by whom may be granted, 25-27.

parts of a lease, 29.

description of minerals demised, 29.

grant of liberty to work, 30.

rights and reservations in, 31.

the rents reserved, 32.

as to leases in the north, and elsewhere, 33.

the covenants, 34-36 (see Covenants).

provisoes and conditions, 37, 38.

distinction between lease and licence, 39.

between leases and agreements, 39, 40.

re-entry after notice, 41.

forfeiture and waiver, 42.

re-entry after forfeiture, 43-48.

LEASE, 23-48 (continued).

licence to assign, 45.

lease of a colliery, Appendix.

do.

do.

do.

with schedules, Appendix.

coal in settled estate, Appendix.

of a way-leave and railway, Appendix.

effect of Conveyancing Act, 1881, 46–48.
how determined, 65—69.

LICENCE,

to work minerals, nature of, 39, 69, 70, 71.
to assign a lease, 45.

to work, how it differs from a lease, 69.
how granted, 74.

LIMITATIONS, STATUTE OF, 4, 241, 242.

LORD CAMPBELL'S ACT, 279.

LORD OF MANOR,

his right to minerals in commons, 11-14.
do. in copyholds, 4.

MACHINERY (TRADE), 97.

MANOR, 16.

evidence of, 17.

MANORIAL RIGHTS IN MINERALS, 14.

MANSLAUGHTER, 280–285.

definition of, 280.

neglect to put up air-headings, 281.
neglect as to stage, 281, 282.

death from joint negligence, 284.
error of judgment, 284.

negligence must be personal, 285.

MASTER AND SERVANT,

the contract between, 136.

the contract, written or verbal, 137.
express and implied contracts, 137.
competency to contract, 138.
contracts by agents, 138-140.

MASTER AND SERVANT (continued),

the contract of hiring and service, 141.
form of contract with colliers, 142.
implied contract, founded on usage, 142, 143.

general and special rules, 144.

termination or rescinding thereof, 145.

stoppages of work, 146, 147.

mutuality of contracts, 148.

right to employment, and duty of finding it, 149–153.
disputes between masters and colliers, 154-158.
Employer and Workman's Act, 1875, 154-157.

Conspiracy Act, 1875, 157, 158.

recovery of wages, 155–157.
bankruptcy of master, Addenda.

MINE, 376.

MINERALS, RIGHT TO WORK, 18-22.

MOLESTATION, 299.

MORTGAGEE,

lease by, 27.

MUTUALITY OF CONTRACTS, 148.

NEGLIGENCE (see Employers' Liabilities).

NOTICES UNDER THE STATUTE,

of breach, 41, 43.

under Railways Clauses Act, 244, 248.

OCCUPIER,

who is rateable as such, 161.
owner of mine, 377.

PAROL,

evidence to explain a deed, 35.

PARTNERSHIP,

definition of, 126-128

how formed, 128.

powers of each partner, 129.

good faith required, 130.

PARTNERSHIP (continued),

negligence, 130.

disputes between partners, 131.

commencement of liability of each partner, 131.

liabilities of partners, 130-132.

as to negotiable instruments, 132.
dissolution of, 132.

mines, 133.

bankruptcy of firm or partner, 133.
joint ownership of minerals, 133.
rule as to survivorship, 133.

rule in Equity as to property of, 133.
Joint Stock Companies, 134, 135.
plan, 377.

POOR-RATE (see Rating).

PRESCRIPTION,

title by, 77.

does not entitle to the coal itself, 2.
Act for shortening time of, 78, 79, 80.

PROPERTY IN COAL, 1.

PROVISOES,

in leases, 37, 38.

PULLING DOWN ENGINES, &c.,

punishment of, 303.

RAILWAYS,

minerals under, 243-256.

notice of working under, 244, 248.

amount of compensation, 246.

Clauses Act, as to minerals, 243–247.
company not entitled to minerals, 243.
mines near railway, 244.

mining communications, 245.

compensation for injury to mines, 246.

compensation for air-way, &c., 247.

power to company to inspect, 247.
penalty for refusal to inspect, 247.

where mines worked contrary to Act, 247.

RATING OF COLLIERIES, 159.
Union Assessment Act, 160.

occupiers, who are for rating, 161.

beneficial occupation, 164.

basis of valuation, 167.

methods of valuation, 168.

decisions of the Courts on valuation of mines, 169.

improved values, 172.

definitions of rent, 172.

adjustment of royalties, 176.

legal deductions from gross estimated rental, 177.
form of a valuation, 180.

royalty, nature of, 181.

brickfields, rating of, 185.

summary of rating law, 189.

rating collieries not worked, 189.

coal and shaft in different parishes, 190.

coal under the sea, 190.

way-leaves, rating of, 191.

duties of overseers, 193.
local customs, 194.