IRON MINES IN LAND. properly. 23. THE LESSEES shall at all times during the said term win OF COAL AND and work the said mines and premises hereby demised in a NORTHUMBERproper, fair, and regular manner, and according to the most approved practice of winning and working mines of the like To work mines nature respectively in the counties of Durham and Northumberland, and in accordance with the Mines Regulation Acts, and with as little damage as possible to the surface and to the buildings, fences, crops, and other property thereon. 24. THE LESSEES shall within one calendar month after the To pay compensation end of every year of the said term pay to the lessor full and for damage to reasonable compensation for all injury or damage done to the surface. surface or the buildings, fences, crops, or other property thereon during the preceding year in or about the carrying on of the works hereby authorised, the amount of such compensation to be settled in case of dispute by arbitration. barrier and 25. THE LESSEES shall not work or carry away any part of To leave the barrier herein before directed to be left as aforesaid, except stop and secure for the purpose of making drifts by way of outstroke or instroke drift when no longer as herein before authorised: AND they shall, upon the expiration required. or sooner determination of the said term, or when and so soon as any such drift shall cease to be used, which shall first happen, provide sufficient frame-dams for stopping and securing the said drifts and passages, and shall by and with such frame-dams stop and secure the same accordingly, unless the lessor or his agent shall by notice in writing request them not to stop the same, in which case the lessees shall not stop the same accordingly. 26. THE LESSEES shall well and effectually fence off from the To fence off pits, &c., adjoining lands all the pits, shafts, and other works made or used under the authority of these presents, and shall provide and and provide maintain in good repair and condition proper roads, gates, stiles, gates, drains, proper roads, &c. and fences for the convenient occupation of the said lands: They shall also provide and maintain proper and sufficient drains, culverts, arches, and passages for carrying off any water which shall arise or be produced or interrupted by any of the works hereby authorised, so that the drainage of the said lands be not prevented or prejudiced. Furnaces and coke ovens to 27. ALL furnaces, coke ovens, or brickworks to be erected on any part of the said lands under the authority of these presents be constructed shall be respectively constructed on the most approved principle approved on most principles. IRON MINES IN LAND. To consume smoke. OF COAL AND in use at the time or respective times when the same shall be NORTHUMBER- erected, and the lessees shall use their best endeavours to effect to the greatest possible extent the consumption on the premises by the most approved method for the time being adopted or known of all smoke or vapour made or arising from the furnaces, coke ovens, brickworks, engines, or other works of the lessees, so that as little smoke or vapour as may be shall issue from the chimneys or other outlets used by the lessees for the conveyance or passage of smoke or vapour. To purify water discharged from works. To provide wells and watering places for occupiers of surface. Lessor to be at liberty to remove manure and ashes. Not to use 28. THE LESSEES shall in the discharge from their works of water which shall have been used for washing coal, or which has run through or passed near to burning refuse or cinder ovens, or other works, use the most approved methods by deposit or catch pits, or otherwise, to render such water as little noxious as possible before allowing the same to mix with any of the natural rivulets or brooks running through the said lands, and in case any difference of opinion shall arise as to the size, the number, or the mode of application of such deposit or catch pits, or other means or otherwise relating thereto, the matter in difference shall be settled by arbitration. 29. THE LESSEES shall from time to time and at all times during the said term make and maintain in good order and repair sufficient wells or watering places in all cases where by reason or in consequence of the exercise of the rights and liberties hereby granted, or any of them, the occupier of any of the said lands, or any adjoining or neighbouring lands, shall be deprived of his wells or watering places, and shall make and maintain in good order and repair all necessary watercourses and drains for carrying water to the wells and watering places to be made and maintained as aforesaid. 30. IT shall be lawful for the lessor or his tenants, as he shall direct, to have and take for his or their own use, free of expense, the whole of the manure and ashes made and produced on or about the pits, shafts, roads, or ways of the lessees or otherwise in working and carrying on the mines and premises hereby demised during the said term, and the lessor and his tenants shall be allowed all proper facilities for removing and taking away such manure and ashes. 31. THE LESSEES shall not use or permit to be used any of railways, &c., the railways, waggonways, or other roads or ways, or any pits, for purposes IRON MINES IN LAND. shafts, outstroke or instroke, drifts, watercourses, aircourses, OF COAL AND buildings, erections, machinery, or other works or conveniences NORTHUMBER which shall be made or used by them under the authority of these presents in, over or upon, or under the said lands for any authorised. not expressly purpose whatsoever other than the working of the mines hereby demised, and such other mines as aforesaid, and such other purposes as are herein specially mentioned. 32. THE LESSOR, &c. (lessor to be at liberty to descend shafts, and to inspect mines, as in last Precedent, Article 21, suprà, p. 112). working order 33. THE LESSEES shall at the end or sooner determination of To deliver up mines, &c., the said term deliver up to the lessor in good order, repair, and in good condition, and fit for the future working of the said mines and pre- at end of mises hereby demised, all engines, houses, and buildings of stone term. or brick, pits, shafts, watercourses, air-gates, and levels in the said mines and premises, except any pits, shafts, or other works which shall have been abandoned or disused in the ordinary and fair course of working of the said mines and premises: AND ALSO all and singular the movable machinery, works, articles, and things which shall be in, upon, or under the said lands, and which the lessor shall elect to purchase under the power in that behalf hereinafter given to him: AND ALSO shall at the end of the said term bank up all coals at the pit, not exceeding three months' vend, in such manner as to be no hindrance to an incoming tenant. 34. THE LESSEES shall at or before the expiration or sooner determination of the said term cause to be restored to their original or natural condition all such parts of the said land as shall have been appropriated or used for any of the purposes of this demise, or shall (at the option of the lessor) pay to the lessor the value of the fee simple of the same, such value to be estimated at thirty years' purchase of the rack rent or value per acre of the same land for agricultural purposes at the time when the occupation or use thereof for the purposes of this demise shall have commenced. 35. (Covenant not to assign or underlet without licence, as in last Precedent, Article 22, suprà, p. 112.) THE LESSOR'S COVENANT. At end of term lands or pay to restore fee simple value. 36. (Covenant for quiet enjoyment by lessees, as in last Precedent, Lessor's coveArticle 23, supra, p. 113.) nant for quiet enjoyment. OF COAL AND IRON MINES IN General pro visions. Lessees may on giving notice. GENERAL PROVISIONS. 37, 38. (Powers of distress and re-entry, supra, p. 113.) 39. IF the lessees shall be desirous at the end of any year of the said term hereby granted to abandon and yield up the abandon mines mines and premises hereby demised, and of such their desire twelve months' shall give notice in writing to the lessor twelve calendar months at least before the period of such proposed abandonment, then this lease shall at such last-mentioned period cease and determine, but without prejudice to the rights and remedies of the lessor for any rent in arrear or for any previous breach of the lessees' covenants herein contained. Lessor may purchase machinery, &c., at end of term. 40. IF at the end or sooner determination of this lease the lessor shall be desirous of purchasing all or any of the movable machinery, articles, and things in, upon, or under the abovementioned lands or any part thereof, and used or employed in or about carrying on and working the mines hereby demised, or for the more convenient occupancy thereof, and shall signify such his desire, &c. (power to lessor to purchase machinery, supra, p. 114). 41, 42, 43. (Arbitration clause, clause as to notices, and meaning of "lessor" and "lessees," supra, p. 115.) IN WITNESS, &c. BY TRUSTEES UNDER POWER. Parties. Recital of settlement. No. XXV. LEASE of MINES by TRUSTEES of a SETTLEMENT under a THIS INDENTURE, made the day of, 18—, BE- UNDER POWER. intended to be of the settled property. exercise of and demise is tenant in tail in possession of the hereditaments thereby BY TRUSTEES settled, and the said L. M. and N. O. are the trustees of the said indenture, and as such trustees are entitled to manage and receive the rents and profits of the said hereditaments during the minority of the said X. Y., and have also power to grant mining leases upon and subject to the conditions mentioned in the said indenture have also power to sell the said hereditaments (k): AND WHEREAS the mines and hereditaments intended That mines to be hereby appointed and demised are part of the heredita- leased are part ments settled by the said indenture: NOW THIS INDENTURE WITNESSETH AND DECLARES as follows:- Trustees in 1. In consideration of the rents and lessees' covenants herein- power appoint after reserved and contained, the said A. B. and C. D., in exercise mines. of the power for this purpose given to them by the said indenture of settlement, and of all other powers (if any) them hereunto enabling, hereby appoint and demise unto the parties hereto of the second part, ALL, &c. (description of mines), To HOLD the same unto the said parties hereto of the second part, from the day of 18-, for the term of " years thence next ensuing; subject to the provisions hereinafter contained; In which provisions the term "the lessor" shall be construed to mean the person or persons for the time being entitled to the reversion expectant on this lease, and the term "the lessees" shall be construed to mean the said parties hereto of the second part, and to include also (where the context allows) all persons deriving title under them. (Remaining clauses as in Precedent No. XXIII. or No. XXIV. omitting the covenant by the lessor for quiet enjoyment by the lessees, and substituting the following covenant): THE TRUSTEES' COVENANT. THE said A. B. and C. D. as to their own respective acts and Covenant by deeds, but not further or otherwise, do hereby respectively trustees that covenant with the lessees, that they the said A. B. and C. D. done no act to respectively have not done or knowingly suffered or been party granting lease. or privy to any act, deed, or thing whereby they are prevented (4) This reference to the power of sale is introduced in order to show that the trustees are trustees for the purposes of the Settled Land Act. If other persons were trustees for that purpose, their consent would be necessary. Re Duke of Newcastle's Estates, 24 Ch. D. 129. VOL. II. K prevent their |