riages and to search for work get and carry away the said minerals, and with full liberty also to sink make and use pits shafts levels air courses and water courses and to lay down and construct railroads and other roads and bridges and to erect engines and other machinery, and also to occupy and use such part of the surface of the said lands as may be required for heaping placing and dressing the said minerals, and to do all works and things necessary or convenient for the purpose of working getting and carrying away the said minerals according to the most approved practice of mining in the district. Provided always that the said A. his heirs or assigns shall pay compensation to the said P. or the owners and occupiers for the time being of the said hereditaments and premises hereby conveyed or of any buildings thereon for all injury or damage occasioned to the said lands or any buildings thereon by reason of the working of the said mines or the exercise of any of the liberties and rights hereby excepted and reserved, the amount of such compensation to be fixed by the decision of two arbitrators to be appointed &c. see p. 146. (Covenant by B. and C. against incumbrances, see p. 35. Proviso limiting A's implied covenant for title, see p. 35. Acknowledgment and undertaking by A. as to title deeds, see p. 35). IN WITNESS &c.

XXXII.

AGREEMENT for SALE of Freeholds by TENANT for LIFE to a RAILWAY COMPANY under the LANDS CLAUSES CONSOLIDATION ACT, 1845 (m).

AN AGREEMENT made the

(m) The tenant for life can if preferred sell and convey under the Settled Land Act, 1882. But inasmuch as the Lands Clauses Act provides, on the one hand, for the reinvestment of the purchase money at the expense of the Company, and, on the other hand, gives to the

day of

Company greater facility for taking the land free from questions upon the title and from incumbrances, it seems probable that sales and conveyances will continue to be made under the latter rather than under the former Act, in the interests both of the vendor and of the Company.

Between A. of &c. of the one part and the

Railway Company of the other part, WHEREBY IT IS
AGREED as follows:-

1. The said A. shall sell and the said Company shall Parcels and price purchase the fee simple in possession free from incumbrances of All that piece of land and hereditaments described in the first schedule hereto with the appurtenances, of which land and hereditaments the said A. is tenant for life in possession, at a sum to be fixed by Y. of &c. land agent and surveyor on behalf of the said A. and Z. of &c. land agent and surveyor on behalf of the said Company or by an umpire to be appointed in accordance with the provisions of the Lands Clauses Consolidation Act, 1845, such sum to be assessed so as to include compensation for severance of the said land purchased by the said Company from other adjoining lands of which the said A. is tenant for life as aforesaid, and for all damage done to such other lands by the railway and other works of the said Company, and also all claim in respect of accommodation works other than those mentioned in the second schedule hereto.

2. Within

days from the date hereof the said Abstract.
the solicitors of

A. shall send to Messrs.
the said Company, an abstract of title to commence with
an Indenture dated &c. The said Company shall not be
entitled to require the production of any earlier title.

day of

tion of

3. The purchase money shall be paid into Court on or Complebefore the and on that day the purchase. purchase shall be completed at the office of Messrs. the solicitors of the said A. The said A. will give covenants for title qualified in the usual way, and the usual acknowledgment and undertaking as to title deeds.

4. If from any cause whatsoever the purchase money shall not be paid into Court as aforesaid on the said day of the said Company shall pay to the said A. interest at the rate of £5 per cent. per annum on the purchase money until the same shall be so paid into Court.

Company The said Company shall be at liberty to take possession of possession the said land and hereditaments at any time hereafter on

may take

at once.

Tenants to

sated.

giving days' notice to the said A., and on paying the purchase money if fixed into Court as aforesaid, or if the purchase money shall not have been then fixed on complying with the provisions of the 85th section of the Lands Clauses Consolidation Act, 1845.

5. In addition to the sum to be paid into Court as aforebe compen- said the said Company shall pay compensation to the tenants of the said lands and hereditaments for their rights in the same.

Accommo

dation works.

Costs.

6. The said Company shall as soon as practicable construct and for ever afterwards maintain for the accommodation of the said A. and other persons for the time being owners and occupiers of the adjoining lands of which the said A. is tenant for life as aforesaid the several works specified in the second schedule hereto.

7. The costs of this agreement and of the conveyance and all other costs charges and expenses incurred in relation to this purchase shall be borne by the said Company in the same manner as on a compulsory taking of land under the Lands Clauses Consolidation Act, 1845. IN WITNESS &C.

XXXIII.

CONVEYANCE of Freeholds by TENANT for LIFE to a
RAILWAY COMPANY under the LANDS CLAUSES CON-
SOLIDATION ACT, 1845 (n).

THIS INDENTURE made the

day of

Between A. of &c. (tenant for life) of the one part and The Railway Company of the other part, WHEREAS &c. (recite the documents under which A. is tenant for life), AND WHEREAS the said Company have quired by under the powers and provisions of the

Land re

company.

Railway Act, 18-, and the Lands Clauses Consolidation

(n) See note to Prec. XXXII., p. 60.

Act, 1845, incorporated therewith required for the purposes of their said Act the land and hereditaments specified in the first schedule hereto, being portion of the said lands and hereditaments of which the said A. is seised for an estate during his life as aforesaid, AND WHEREAS the said A. in exercise of the power given to him by the said Lands Clauses Consolidation Act, 1845, has agreed with the said Company for the sale to them of the said land and hereditaments so required by them as aforesaid [and of all the mines and minerals thereunder (o)] Minerals. free from incumbrances for the sum of £

which Price.

sum has been fixed by valuation in the manner provided by the said Lands Clauses Consolidation Act, 1845, and is to include compensation for severance of the said land so required from the other adjoining lands of which the said A, is tenant for life as aforesaid, and for all damage done to such other lands by the railway and other works of the said Railway Company, and also all claim in respect of accommodation works other than those hereinafter covenanted to be made by the said Company, AND WHEREAS it has been agreed that the Accommosaid Company shall execute the several works specified works. in the third schedule hereto for the accommodation of the said A. and other persons for the time being owners and occupiers of the other lands of which the said A. is tenant for life as aforesaid, AND WHEREAS the said Payment Company have on the

day of

paid the

said sum of £- into the Bank of England to the account of the Paymaster-General for the time being on behalf of the Chancery Division of the High Court of Justice to the credit of Ex parte The

way Company In the matter of the

Rail-
Railway

Act, 18, in respect of lands of which A. is tenant for life without power of sale, NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of £- so paid into. Court as aforesaid He the said A. as beneficial owner in (0) Unless expressly included these will not pass, see 8 & 9 Vict. c. 20, s. 77.

dation

into Court.

by com

exercise of the power for this purpose given to him by the
Lands Clauses Consolidation Act, 1845, doth hereby convey
unto the said Company their successors and assigns ALL
those pieces or parcels of land and hereditaments [with the
mines and minerals thereunder] situate &c. more particu-
larly described in the first schedule hereto and delineated
on the plan drawn on the same schedule and thereon
coloured red the numbers in the first column to the same
schedule and on the said plan corresponding with the
numbers in the books of reference and plans for the said
parish of
deposited by the said Company,
TO HAVE AND TO HOLD the hereditaments and premises
hereby conveyed UNTO AND TO THE USE of the said Com-
pany their successors and assigns for the purposes of their
said railway and works. (Proviso limiting A.'s implied
35, and acknowledgment and

Covenant covenants for title, see p.
pany to do undertaking as to title deeds, see p. 35). AND the said
accommo- Company do hereby for themselves their successors and

dation

works.

assigns covenant with the said A. that they the said Company their successors or assigns will at their own costs and expense as soon as practicable construct in a proper and workmanlike manner and for ever afterwards maintain in good condition and complete repair for the accommodation of the said A. and other persons for the time being owners and occupiers of the other lands of which the said A. is tenant for life as aforesaid the several works specified in the third schedule hereto. IN WITNESS &c.

The first schedule to the above-written Indenture.

(Parcels.)

The second schedule to the above-written Indenture.
(List of Deeds.)

The third schedule to the above-written Indenture.
(Accommodation Works.)