IN dispute between the parties as to their value, in the manner oF COAL MINES hereinafter provided, and the amount of such valuation, when LANCASHIRE. ascertained or settled, shall be paid to the lessees within three calendar months next after such valuation shall have been agreed upon and delivered to the parties, together with interest thereon after the rate of £4 per cent. per annum from the time of such delivery thereof. clause. 29. IF any dispute or difference shall arise between the lessor Arbitration and the lessees concerning the value of the articles and things which the lessor shall elect to take or retain as aforesaid, or the amount to be paid by the lessor in respect thereof, or touching or concerning any other matter or thing which it is hereby provided shall be settled by arbitration, or touching any clause, matter, or thing whatsoever herein contained, or the operation or construction thereof, or any matter or thing in any way connected with these presents, or the rights, duties, or liabilities of either party under or in connection with these presents, then and in every such case the dispute or difference shall be referred to two arbitrators, one to be appointed by each party in difference, and in case of their disagreement then to an umpire, to be chosen by the arbitrators before entering on the consideration of the matters referred to them; and the arbitrators or their umpire shall have power to determine by whom the costs of the arbitration ought to be borne: AND every such reference shall be deemed an arbitration within the Common Law Procedure Act, 1854, and this submission to reference may be made a rule of Her Majesty's High Court of Justice at the instance of either party (a). Court may stay proceedings. (a) An arbitration clause does not altogether oust the jurisdiction of the When there is ordinary Courts of law (Cooke v. Cooke, L. R. 4 Eq. 77; Witt v. Corcoran, an arbitration 8 Ch. 476, n.); but it is provided by sect. 11 of the Common Law Procedure clause, and Act, 1954, that if an action is brought in respect of any matter agreed to an action is brought in be referred, the Court may stay the action, upon being satisfied that no respect of sufficient reason exists why the matter cannot and ought not to be referred matter agreed to arbitration according to the agreement, and this power will in general to be referred, be acted on. See Willesford v. Watson, L. R. 14 Eq. 572; Russell v. Russell, 14 Ch. D. 471. A general agreement to refer to arbitration cannot be revoked (Piercy v. Authority of Young, 14 Ch. D. 200), but either party may, after appointing an arbitrator, arbitrator revoke that appointment, unless the submission to arbitration contains an revocable, agreement that the submission shall be made a rule of Court. 3 & 4 W. 4, c. 42, s. 39; Rouse v. Meyer, L. R. 6 C. P. 212. Where one of the parties failed to appoint an arbitrator, and the other, by virtue of sect. 13 of the Common Law Procedure Act, 1854, appointed his arbitrator to act as sole arbitrator, it was held that the authority of such arbitrator might be made a rule of revoked by either party. Fraser v. Ehrensperger, 12 Q. B. D. 310. unless agree ment for submission provides that it shall be Court. OF COAL MINES IN LANCASHIRE. Notices, how to be given. Meaning of "lessor" and "lessees." 30. EVERY NOTICE hereby required or authorized to be given to the lessor may be either given to him personally or left at his usual or last known place of abode in England or Wales, or may be given to such agent or other person or in such manner as the lessor may from time to time direct; and every notice hereby required or authorized to be given to the lessees may be given to them or either of them personally, or left at their office or counting-house for carrying on the business of their works under these presents. 31. WHERE the context allows, the expressions "the lessor" and "the lessees," used in these presents, include, besides the said A. B., his successors in title [or heirs] and assigns, and besides the parties hereto of the second part, their executors, administrators, and assigns. IN WITNESS, &c. OF COAL AND IRON MINES IN NORTHUMBERLAND. Parties. Lease of mines. No. XXIV. LEASE of MINES of COAL, IRONSTONE, and FIRECLAY in THIS INDENTURE, made the day of, 18—, BETWEEN A. B., of, &c. (lessor), of the one part, and C. D., of, &c., E. F., of, &c., and G. H., of, &c. (lessees), of the other part, WITNESSETH AND DECLARES as follows: 1. IN consideration of the rents and lessees' covenants hereinafter reserved and contained, the said A. B. (hereinafter called "the lessor") hereby demises [or in exercise, &c., hereby appoints and demises] unto the parties hereto of the second part (hereinafter called "the lessees"), ALL those mines, beds, veins, and seams of coal, ironstone, and fireclay, as well opened as unopened, lying, or being in or under the lands situate in the parish of, in the county of Northumberland, known as which lands are delineated in the map or plan annexed to these presents, and are therein distinguished by a line of red colour drawn round the outer boundary thereof: TOGETHER with the rights, &c. (as in last Precedent, Art. 1 to the end). (ƒ) This Precedent might also be used for a lease of mines in any county where the practice of mining is similar. other For variations where the lease is under a power, &c., see Precedent No. VII., supra, p. 57. LESSEES' RIGHTS AND PRIVILEGES. OF COAL AND IRON MINES IN LAND. Liberty to demised, and 2. It shall be lawful for the lessees at all times during the NORTHUMBERsaid term to work the mines hereby demised, and also to work from or through the said mines by outstroke or instroke any work mines other mines of coal, ironstone, or fireclay belonging to or held also by way of by the lessees, and also to carry over the surface of the lands outstroke adjoining under which the mines hereby demised lie, the produce of the mines. mines hereby demised and of such other mines as aforesaid, and to exercise and enjoy, in and upon and under the said lands, all easements, rights, and privileges necessary or convenient for the purposes aforesaid, and in particular to do all or any of the following things (that is to say)— &c. To sink, drive, make, erect, set up, and construct in, upon, To sink pits, water. To appropriate the water upon or within the said lands, and To appropriate To use and appropriate a sufficient part of the said lands for To use land for depositing minerals and spoil. stone and To convert coal into coke and patent fuel, to calcine iron- To make coke, stone, and manufacture fireclay into bricks and other calcine ironarticles, whether for colliery purposes, or for sale, or make bricks. otherwise : To dig, work, and get common clay and stone from the said To dig common clay, &c., for OF COAL AND IRON MINES IN colliery purposes. Barrier to be left. lands, and to manufacture the common clay into bricks and tiles for the purposes of the colliery erections and works hereby authorized, but not for sale or any other purpose. 3. PROVIDED ALWAYS that so much of every bed, vein, and seam of coal, ironstone, and fireclay hereby demised shall remain unworked as will leave within the limits of this demise a barrier of yards in breadth or thickness separating the said mines hereby demised from the adjoining mines, and all outstroke and Drifts how to instroke drifts made through the said barrier for the purpose of working adjoining mines as aforesaid shall be of such size and in such situations as shall have been previously approved of by the lessor or his agent, and all such drifts shall be so made as to be capable of being easily and effectually closed by framedams when the use thereof has ceased. be made. Surface operations, where to be carried on. Plan and sanitary arrangements of cottages to be approved by lessor. 4. PROVIDED ALSO that all surface operations shall be carried on upon such part only of the said lands as shall be selected for that purpose in manner following (that is to say): WHENEVER the lessees shall require to occupy or use any land for surface operations, they shall give a notice in writing to the lessor or his agent specifying the site proposed for such surface operations. If the lessor or his agent objects to the site so proposed, he shall, within fourteen days after receiving such notice, himself select a site, and notify the same in writing to the lessees, and the lessees shall be at liberty at any time within fourteen days after the selection of such site shall have been made and notified to them as aforesaid, but not afterwards, to object to the same as being unsuitable or inconvenient for the purpose for which the same is required, and to notify such objection in writing to the lessor or his agent: AND in case of such objection being made and notified as aforesaid, the question whether the site is suitable and convenient or not shall be referred to arbitration under the provision in that behalf hereinafter contained. 5. PROVIDED ALSO that no houses for residence shall be erected by the lessees under the liberty and power above granted for that purpose until the plan, accommodation, and sanitary arrangements of such houses shall have been submitted to the lessor and approved of by him; and in case a difference of opinion on any of such points shall arise between the lessor and the lessees the same shall be referred to arbitration under the IRON MINES IN LAND. provision in that behalf hereinafter contained. AND no houses OF COAL AND shall be used except for the purpose of residence of agents, NORTHUMBERminers, and workmen employed in or about the said mines and works, and in particular no trade of any sort shall be carried on in any such houses or any of them. 6. (Lessees to be at liberty to remove machinery, &c., at end of term, supra, p. 106.) RIGHTS RESERVED TO LESSOR. Reservations to lessor. Liberty for lessor to use railroads, &c., of lessees, doing as little injury as lessees, possible to 7. THE LESSOR shall be at liberty by himself, his tenants, agents, and servants to use any railroads or other roads made and used by the lessees over the said lands under the authority of these presents without paying any rent for the same, and also to make, construct, and use, and to grant and demise to other persons the right to make, construct, and use over the said lands any railroads or other roads crossing or intersecting the railroads or other roads of the lessees: PROVIDED ALWAYS, that in the exercise of the rights, liberties, and privileges hereby reserved to the lessor, as little hindrance, obstruction, and damage as possible be done to the lessees, or to the exercise by them of the rights and privileges hereby granted to them: AND fair and and compensating them proper compensation shall be paid by the lessor, or other the for all loss, &c. person or persons exercising the said reserved rights and privileges, to the lessees for all loss, damage, or injury which they may sustain or incur by reason or in consequence of the exercise thereof, the amount of such compensation to be settled in case of difference by arbitration. RENTS RESERVED BY THIs Lease. Rents. 8. THE LESSEES shall pay to the lessor for the mines hereby Certain rent. demised the certain yearly rent next hereinafter mentioned (that is to say), the yearly rent of £ for the first and second years of the term hereby granted, the yearly rent of £for the third and fourth years of the said term, and the yearly rent of £for the remainder of the said term: THE certain yearly rent payable for the time being as aforesaid to be paid by equal halfyearly payments on the and the day of in every year: FOR and in respect of which certain yearly rent the lessees may work and get in every year from and out of the said mines and premises such a quantity of coal as at the rates hereinafter mentioned would produce for that year a rent day of |