RIES. conditions, and agreements hereinafter contained on the SLATE QUArpart of the said G. H. and I. K., their executors, administrators, or assigns, to be observed and performed, He the Demise. said A. B., at the request and by the direction as well of the said C. D. as of the said E. F., (testified by their respectively being parties to and executing these presents), hath demised, leased, and to farm letten, and by these presents doth demise, lease, and to farm let, and the said C. D., at the request and by the direction of the said E. F., (testified as aforesaid), hath demised, leased, and to farm letten, and by these presents doth demise, lease, and to farm let, and the said E. F. hath granted, demised, leased, to farm letten, and confirmed, and pursuant to, and by force and virtue, and in exercise and execution of every power or authority in anywise enabling him in this behalf, doth by this present indenture, sealed and delivered by him in the presence of the two credible persons whose names are intended to be indorsed upon these presents as witnesses, attesting the sealing and delivering of these presents by the said E. F., limit and appoint, and also grant, demise, lease, to farm let, and confirm unto the said G. H. and I. K., their executors, administrators, and assigns, ALL AND SINGULAR the slate, and quarries or Parcels. beds of slate, in, upon, or under the lands of [parcels], TOGETHER with all and singular houses, sheds, ware- General words. houses, cottages, edifices, buildings, erections, heap-room, pit-room, store-room, yards, lands, rights, members, appurtenances, and incidents whatsoever, to the said slate, and quarries or beds of slate, in anywise belonging or appertaining, or to or with the same held, occupied, or enjoyed, or taken or known as part, parcel, or member thereof: AND TOGETHER ALSO with full and free liberty Rights of mining. and power for the said G. H. and I. K., their executors, administrators, and assigns, to use the present, and dig, sink, drive, and make new and other pits, shafts, levels, pools, dams, embankments, drains, water-courses, and other works, for better and more conveniently working the said slate, and quarries and beds of slate; and to use and repair the present, and to make and from time to time repair any new or other roads or ways, in, upon, over, and RIES. Exception. SLATE QUAR- along any of the lands [comprised within the limits hereinbefore mentioned (b),] and to take, make, erect, and build new or other houses, sheds, warehouses, cottages, edifices, buildings, gins, engines, pumps, erections, heap-room, pitroom, and store-room, and generally to make, do, perform, and execute all and every or any other acts, matters, and things whatsoever, necessary or expedient and convenient for the well and effectually digging for, winning, working, getting, dressing, making marketable, and carrying away all and singular the slate hereinbefore demised, or expressed and intended so to be, or any part thereof, SAVE AND EXCEPT, that no shaft, pit, or quarry, engine-work, or building whatsoever, shall be dug, sunk, opened, made, or erected within fifty yards of any messuage or dwellinghouse of or belonging to any person whomsoever, without the consent in writing first had and obtained, either of the said A. B., his heirs or assigns, or of the said E. F., or other the person or persons for the time being entitled to the reversion of the premises herein before demised, or expressed and intended so to be: To HAVE, HOLd, use, EXERCISE, AND ENJOY the said slate, and quarries or beds of slate, powers, privileges, and authorities, and all and singular other the premises hereinbefore demised, or expressed and intended so to be, unto the said G. H. and I. K., their executors, administrators, and assigns, from the day of for the term of years, YIELDING AND PAYING therefore, during the first year of the term hereby granted, the certain rent or sum of for every ton of one thousand tons of slate, (other than roofing slate), whether such number of one thousand tons shall during such first year be actually gotten, and sold or disposed of, or not, and for all and singular the slate (other than roofing slate) which shall during such first year be actually gotten, and sold or disposed of, over and above the number of one thousand tons, the rents or sums following: (that is to say), for every ton of such slate over and above the said number of one thousand tons, and not exceeding the Habendum. Reddendum for the first year on common slate. (b) In most cases the reference would be to the lands ❝ hereinbefore particularly described." further number of one thousand tons, the sum of SLATE QUAR RIES. for the second year on common slate. ton of such slate over and above the number of three thousand tons, the sum of -: AND YIELDING AND Reddendum PAYING therefore, during the second year of the term hereby granted, the certain rent or sum of for every ton of one thousand tons of slate, (other than roofing slate), and for every ton of five hundred other tons of slate, (other than roofing slate), whether such numbers of one thousand tons and five hundred tons (making together one thousand five hundred tons) shall during such second year be actually gotten, and sold or disposed of, or not, and for all and singular the slate (other than roofing slate) which shall during such second year be actually gotten, and sold or disposed of, over and above the said number of one thousand five hundred tons, the rents or sums following: that is to say, for every ton of such slate over and above the said number of one thousand five hundred tons, and not exceeding the further number of five hundred tons, the sum of ——, and for every ton of such slate over and above the number of two thousand tons, and not exceeding the further number of one thousand tons, the sum of and for every ton of such slate over and above the number for on common of three thousand tons, the sum of: AND YIELDING Reddendum AND PAYING yearly, and every year during the residue of for other years the said term, the certain rent or sum of slate. every ton of one thousand tons of slate, (other than roofing slate), and for every ton of one thousand other tons of slate, (other than roofing slate), whether such numbers of one thousand tons and one thousand tons (making together two thousand tons) shall be actually gotten, and sold or disposed of, or not, during each year of the residue of the said term, and for all and singular the slate (other than roofing slate) which shall yearly and every year of the residue of the said term be actually gotten, and sold or disposed of, over and above the said number of two thousand tons, and not exceeding the further number of SLATE QUAR RIES. Reddendum Rents to be paid in manner, and at times specified. one thousand tons, the sum of and for every ton of such slate over and above the number of three thousand tons, the sum of: AND ALSO YIELDING AND PAYING on roofing slate. yearly, and every year during the whole of the said term hereby granted, over and above the said rents herein before reserved, such further rent or rents, sum or sums of money, as shall be equal to one eighth part in value of all the roofing slate which shall in each such year be actually gotten, and sold or disposed of; the value of all such roofing slate to be taken at and accounted for according to the actual price or prices for which such slate shall be sold at aforesaid: THE SAID several rents, or sums of money hereinbefore reserved, to be paid free and clear of and from all existing and future land-tax, sewers' rates, and other taxes, charges, rates, assessments, impositions, payments, and outgoings whatsoever, and on the days following (that is to say,) on all such and so much of the said roofing and other slate, in respect of which any of the rents, or sums of money aforesaid, shall become payable, as shall be actually shipped at the Port of, on the days on which the same shall be so shipped as aforesaid, and on all such and so much of the said roofing and other slate, in respect of which any of the rents or sums of money aforesaid shall become payable, as shall not be shipped as aforesaid, on the days on which the same shall be removed from the quarries where. the same shall be raised or gotten, save and except, that if in any year of the said term the number of tons of slate (other than roofing slate) actually gotten, and sold or disposed of, shall be less than the number of tons on which rents or sums of money are hereby reserved and made payable, whether actually gotten, and sold or disposed of or not, then and in every such case, the rents or sums of money so reserved and made payable, and which shall not have been previously paid, in respect of slate actually gotten and sold, or disposed of, shall be paid on the last day of the year for which the same shall have been so reserved and made payable, AND THE SAID G. H. and Covenants by lessees for pay- I. K. do hereby for themselves, their heirs, executors, and ment of rents; administrators, and each of them doth hereby for himself, RIES. his heirs, executors, and administrators (c), covenant with the SLATE QUarsaid A. B., his heirs and assigns (d), in manner following: (that is to say), that they the said G. H. and I. K., or one of them, their or one of their executors, administrators, or assigns, shall and will from time to time, during the said term hereby granted, pay or cause to be paid unto the said A. B., his heirs or assigns, the said several rents and sums of money hereinbefore reserved, at the times when the same shall respectively become due and payable, and in the manner hereinbefore mentioned and appointed for payment thereof, without any deduction or abatement whatsoever, according to the true intent and meaning of these presents: AND FURTHER, that if the several rents or sums of money hereby reserved and made payable, or any of them, or any part of any of them, shall be behind and unpaid by the space of twenty-one days next over or after any of the days whereon the same ought to be paid as aforesaid, (and whether the same shall have been demanded or not), then and in every such case, it shall be lawful for the said A. B., his heirs or assigns, to stop and hinder the (c) In this case the lessees are made to covenant jointly and severally, and this seems to be correct; for although they are joint tenants of the legal estate, yet as they are partners in trade, the beneficial interest in the share of the one first dying will belong to his representatives, and the legal interest only will remain in the survivor. If the lessees, however, are joint tenants, in equity, as well as at law, it seems that the covenants should be joint only; for, otherwise, the representatives of the tenant first dying would remain liable on the several covenants when they had ceased to have any interest in the estate. (See Enys v. Donithorne, 2 Burr. 1190). It is of course for the lessor's interest that the covenants should be both joint and several in all cases, as he then has not merely the covenant of the survivor for his security, but also the covenant of the one first dying, as a surety for the survivor. (d) The covenants by the lessees must be entered into with the mortgagee, as having the legal estate, for otherwise the covenants will be covenants in gross, and not covenants running with the land, so as to be available to the mortgagee and his assigns. (Webb v. Russell, 3 T. R. 323; Stokes v. Russell, Id. 378; Russell v. Stokes, 1 H. Bl. 362; Whitton v. Peacock, 2 Bing. N. C. 411; S. C. 3 My. & Ke. and that, on default, lessors may distrain; |