« PreviousContinue »
tion, and in pursuance of the covenant lastly hereinbefore Collieries contained to name some person as arbitrator, and if the Chaptm. party to whom such requisition shall be made, shall, for the space of one calendar month after such requisition, neglect or refuse to comply therewith, or shall name a person who shall neglect or refuse to act as such arbitrator as aforesaid, then and so often as the same shall happen, it shall be lawful for the person chosen to be arbitrator on behalf of the party making such requisition, by any writing under his hand, to appoint some person to act as arbitrator on behalf of the party who, or the arbitrator named by whom, shall refuse or neglect as aforesaid, and that such two persons shall name a third arbitrator as aforesaid: And Further, That it shall be lawful for the said arbi- Power to arbitrators or any two of them to arbitrate, determine, and aTMd°^termTne award, of and concerning all and every the matters and things touching which such doubt, difference, or dispute as aforesaid shall have arisen (A), and, (if they or any two of them shall see fit so to do), at the expense of the parties in difference, or one of them, to require the aid and take the opinion (i) of any surveyors, colliery viewers, counsel, or other person or persons, and to adopt such other measures, and give such directions as shall appear to the said arbitrators, or any two of them, advisable or expedient: And Agreement to Further, That the parties so doubting, differing, or dis- *ward^the puting as aforesaid, and all persons claiming by, from, through, or under them respectively, shall in all things obey, abide by, observe, and perform the award, order, and determination of the aforesaid arbitrators, or of any two of them (k), so as the award of the said arbitrators, or of such two of them as shall concur, be made in writing under their hands, and be ready to be delivered to the said parties respectively, or such of them as shall desire the same, within three calendar months next after the third of such three arbitrators for the time being shall have been named (/):
(h) See ante, Vol. 3, p. 126, n. (/).
($) See ante, Vol. 3, p. 127, n. (A).
(t) See Hcthcrington v. Robinson, 4 Mee. & Wels. 608.
(/) See ante, Vol. 3, p. 128, n. (A), and the cases, In re Dotting
vOL. iv. M
COLLIERIES BY A DEAN AND CHAPTER.
Agreement to be examined as witnesses, and to produce evidence.
That evidence may be taken on oath.
That arbitrators shall have power to give costs.
That The Said parties so doubting, differing, or disputing as aforesaid, and all persons claiming by, from, through, or under them respectively, will, if required by the said arbitrators, or any two of them, attend personally and submit to be examined relative to the matters in doubt, difference, or dispute, and will produce to and deposit with the said arbitrators, or any two of them, all such deeds, evidences, letters, papers, and writings, relative to the matters in doubt, difference, or dispute, as shall be in the possession or power of the said parties respectively, or the persons claiming as aforesaid, and as the said arbitrators, or any two of them, may wish to peruse or inspect, and will, so far as in them respectively may lie, furnish or cause to be furnished all such documents, proofs, and evidence, and do or cause to be done all such acts and things for better enabling them to make the said award, as the said arbitrators, or any two of them, shall require (i»): That The Said parties respectively, and all persons claiming by, from, through, or under them respectively, if examined, and all other witnesses who shall be produced to give evidence before the said arbitrators, or any two of them, of and concerning the premises, (if required by the opposite party, or the party against whom such witness shall be produced), and also all surveyors, colliery viewers, and other persons (except counsel) who may be called upon by the said arbitrators, or any two of them, as aforesaid, shall (if the same shall be thought proper by such arbitrators) be examined upon oath, or upon their affirmation in cases where affirmation is allowed by law instead of oath (n): That The costs, charges, and expenses of and attending, or in anywise relating to any arbitration, including the compensation to be made to the arbitrators for their trouble, and the fees and compensation to be made to any surveyors, colliery viewers, counsel, or other person
or persons who may be called on as aforesaid, shall be in Collieries the discretion of the said arbitrators, or any two of them, a*d Chapter. who shall direct by whom and to whom, and in what manner, the same shall be paid, and who shall be at full liberty, if they see fit, to direct that any of such costs and expenses shall be reckoned as between attorney and client, and not as between party and party (o): And That any submis- That any subsion or reference to arbitration, under or by virtue of these JXationmay presents, may be made a rule of any of her Majesty's be made a rule courts at Westminster, according to the statute in that case °f court" made and provided, if any such court shall so please, and either party shall be at liberty to apply to the said court for that purpose, and to instruct counsel to consent thereto for the other party (p). In Witness &c.
(o) See ante, Vol. 3, p. 131, n. (o); Hethcrington v. Robinson, 4 Mee. & Wels. 608. As to the power of an arbitrator to award an indemnity, see Brown v. Watson, 6 Bing. N. C. 118.
(p) See ante, Vol. 3, p. 133, n. (y); and Doe d. Oxenden v. Cropper, 2 Per. & Dav. 490.
Of A Col- LEASE of a Colliery and the Appurtenances,
— with the Necessary Powers for Working
the Mine and Selling the Coal. ReservaTion of Right to Use Lessee's WaggonWays. Reservation of a Rent Certain, for a certain number of Tons to be Wrought out of certain Seams in Specified ProporTions, and similar Reservation of Additional Rents for extra Quantities, Powers of DisTress and Re-entry. Covenants by Lessee (amongst others) to Work Seams in Specified Proportions, and to Sink certain Pits to certain Seams, and there Raise the Coal from those Seams; that Lessor may Sink Pits, 8fc, before the End of the Term. Deficient Workings of any Year to be made up by Overplus Workings of Succeeding, but Not of Preceding Years, Usual Covenants by Lessor. Lessee to have the Option of another Pit when Vacant. Agreements for Valuation and Purchase at the CommenceMent and End of the Term, of the Live and Moveable And Fixed Stock.
Parties. This INDENTURE, made, &c. Between A. B., of &c. [lessor], of the one part; and C. D., of &c. [lessee],
Witnesscth. of the other part: WITNESSETH, that, in consideration
Consideration. 0f jhg yearly and other rents and sums of money hereinafter reserved, and of the covenants, conditions, and agreements hereinafter contained on the part of the said C. D., his executors, administrators, and assigns, to be observed
Demise; and performed, he the said A. B. hath demised, leased, and to farm letten, and by these presents doth demise, Of A Col. lease, and to farm let, unto the said C. D., his executors, L1EBY. administrators, and assigns: All That colliery, coal mine, The CoUieryi and seams of coal, as well opened as unopened, called or
known by the name of colliery, lying and being in the
said county of , and within and under the lands and
grounds of the said A. B. there situate, and which said
colliery was lately in the occupation of Messrs. , and
is now in the occupation of the said C. D., Together —and houses With the house used as a public-house, now in the occu- ^^ret0 belon8"
pation of , and also the pitmen's houses and other
houses of and belonging to and used with the said colliery,
and lately occupied by the said Messrs. , and their
under-tenants, and now by the said C. D. or his undertenants: And All outhouses, edifices, buildings, engines, General words, gins, engine houses, hovels, lodges, staiths, spouts, boilers, cylinders, pumps, waggons, waggon-ways, rails, sleepers, stock of corn and hay, and all other colliery stock, horses, machines, utensils, and all and singular other materials, articles, rights, incidents, and appurtenances whatsoever, and of what nature or kind soever, to the said colliery, coal mine, and seams of coal, in anywise belonging or appertaining, or to or with the same, now or at any time heretofore, commonly held, occupied, or enjoyed, or taken or known as part, parcel, or member thereof: Together Together with Also with full and free liberty for the said C. D., his tne tu***sarf
J i 'powers for rar
executors, administrators, and assigns, to use the present, rying on the and dig, sink, and make new or other pits, trenches, seUhiZthe"1 grooves, drifts, water-gates, water-courses, and other works, coals, and to use and repair the present, and lay, place, and make, and from time to time amend and repair, any new or other waggon-ways, byeways, and sideways, in, upon, over, and along any of the lands and grounds of him the said A. B., and to use and repair the present, and make and place new or other staiths on such lands, for the winning and working, depositing, vending, leading, and carrying on the said colliery, and the coals proceeding therefrom, and to use the present, and make and build new or other steam-engines and other engines, for the purpose of winning, working, and carrying on the said colliery,