WAY-LEAVE.

after the end of the term, re

materials.

on bank at any of the pits of or belonging to the said colliery, the same being subject and liable to the same certain and tonnage rents as such coals would have been liable to pay had the same been actually led during the said term hereby granted: And further, tHAT it shall and may, be lawful for the said C. D., E. F., and G. H., their executors, administrators, and assigns, at any time within the move rails and space of twelve calendar months next after the expiration or other sooner determination of the said term hereby granted, to take up, remove, lead, and carry away for their own use, all and every the rails, sleepers, iron, wood, and other materials which shall be laid, fixed, and placed by the said C. D., E. F., and G. H., their executors, administrators, or assigns, in or upon any of the lands or grounds of him the said A. B., under or by virtue of these presents, (unless the said A. B., his heirs or assigns, shall think fit to take and purchase the same as hereinafter mentioned), they the said C. D., E. F., and G. H., their executors, administrators, or assigns, having first paid and satisfied all and every the rents hereinbefore reserved, and having performed all and every the covenants, conditions, and agreements herein contained on their parts theretofore to be performed, and making and paying reasonable satisfaction for the damage and spoil of ground which shall be occasioned by having, using, and enjoying such liberties and privileges as aforesaid, during the said twelve calendar months next after the expiration or other sooner determination of the said term hereby granted: PROVIDED ALWAYS nevertheless, and it is hereby agreed and declared between and by the said parties to these presents, that if rails and mathe said A. B., his heirs or assigns, shall be desirous of purchasing the said waggon-ways, timber, iron, or other materials and things last mentioned, or any part thereof, and of such his or their desire shall give, or leave at the office of the said — colliery, a notice in writing not less than three calendar months before the expiration or other sooner determination of the said term hereby granted, unto or for the said C. D., E. F., and G. H., their executors, administrators, or assigns, then and in such case they the said C. D., E. F., and G. H., their executors, adminis

Lessor to have the option of purchasing

terials.

WAY-LEAVE.

Arbitration clauses.

trators, or assigns, shall and will leave all such waggonways, timber, iron, and other materials and things as shall so be desired to be purchased, fixed, standing, and remaining in their proper and respective places for the use of the said A. B., his heirs or assigns, he or they paying for the same to the said C. D., E. F., and G. H., their executors, administrators, or assigns, within the space of twelve calendar months next after the expiration or other sooner determination of the said term hereby granted, the reasonable value or price thereof; And he the said A. B., so far as relates to the acts and deeds of himself, his heirs and assigns, and his and their tenants, farmers, and grantees, doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said C. D., E. F., and G. H., their executors, administrators, and assigns, and, so far as relates to the acts and deeds of them the said C. D., E. F., and G. H., and every of them, and of their and every of their executors, administrators, and assigns, they the said C. D., E. F., and G. H., do hereby for themselves, their heirs, executors, administrators, and assigns, and each of them doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said A. B., his heirs and assigns, in manner following: (that is to say), That if any doubt, difference, or dispute shall a any time or times hereafter arise between the said A. B., his heirs or assigns, or his or their tenants, farmers, or grantees, and the said C. D., E. F., and G. H., or any of them, their or any of their executors, administrators, or assigns, touching the matters in respect of which a compensation (by way of rent or otherwise) ought to be made in pursuance of these presents, or touching the amount of such compensation, or the price to be paid in respect of any of the things which may be about to be purchased in pursuance of these presents, or touching the construction of these presents, or any other matter or thing whatsoever arising out of these presents, or having relation to the premises, then and in such case, &c. (supra, p. 160). IN WITNESS &c.

XIII.

LEASE of STOCKING FRAMES.

STOCKING

FRAMES.

THIS INDENTURE, made &c. BETWEEN A. B., of Parties. &c. [lessor], of the one part; and C. D., of &c. [lessee], of

the other part; WITNESSETH, that, in consideration of Witnesseth. the rents hereinafter reserved, and of the covenants and Consideration. agreements hereinafter contained, and on the part of the

said C. D., his executors, administrators, and assigns, to be observed and performed: The said A. B. hath demised and Demise. leased, and by these presents doth demise and lease, unto the said C. D., his executors, administrators, and assigns, ALL THOSE two hundred and forty frames or machines Parcels. used for the manufacturing of stockings and other articles of hosiery, now in the possession of the said A. B., and used by the several workmen now or heretofore employed by him in and and various other places, and a list or schedule of which is hereunder written, together with all and singular the tools, instruments, and other appurtenances to the said several frames or machines belonging or therewith used: To HAVE AND TO HOLD the Habendum ; said several frames or machines, tools, instruments, and all and singular other the premises hereinbefore demised, or expressed and intended so to be, unto the said C. D., his executors, administrators, and assigns, from the 1st for a term. day of January now next ensuing, for the term of seven years thence next ensuing, and fully to be complete and ended: YIELDING AND PAYING therefore unto the said A. B., his executors, administrators, and assigns, yearly and every year during the said term, the sum of £ for each of the said frames which is under the gauge of thirty gauges, and the sum of £ for each of the said frames which is of the gauge of thirty gauges and upwards, or a three-needle frame, such rents to be paid clear from all deductions whatsoever by four equal quarterly payments, on the 1st day of January, the 1st day of April,

Reddendum of

several rents,

for the several frames, according to their

STOCKING
FRAMES.

Covenants by lessee for the payment of

rents;

--and for the

proper use and

the 1st day of July, and the 1st day of October in every year, and the first of such payments to be made on the 1st day of April now next ensuing: AND THE SAID C. D. doth hereby for himself, his heirs, executors, and administrators, covenant with the said A. B., his executors and administrators, that he the said C. D., his executors, administrators, or assigns, shall and will, at all times during the term hereby granted, pay or cause to be paid unto the said A. B., his executors, administrators, or assigns, the said several rents hereinbefore reserved, on the days and in manner hereinbefore mentioned and appointed for the payment thereof respectively (a): And Further, safe custody of THAT he the said C. D., his executors, administrators, or assigns, shall and will, during the said term hereby granted, keep and use the said frames or machines, tools, instruments, and appurtenances, in a proper and workman-like manner, and with reasonable caution against every kind of damage, and against the same or any of them being lost or stolen: AND, at the end or other sooner determination of the said term of seven years, yield and deliver up unto the said A. B., his executors, administrators, or assigns, all and singular the said frames or machines, tools, instruments, and appurtenances hereinbefore demised, (save and except such of them as shall have been destroyed by fire (b) or other inevitable accident, or shall have been lost or stolen without any negligence

the frames;

--and to yield up the same at the end of the term;

(a) There is no provision in this draft as to the payment of rates and taxes, probably on the supposition that moveable machines are not liable to any rates or taxes. But as they might become so by subsequent enactments, perhaps the usual covenant for the payment of rates and taxes should be inserted.

(b) The provisions with respect to the loss or destruction of the machines are not very satisfactory; it would, perhaps, be better that the lessee should covenant to keep them in repair, and that, without the exception of the loss by fire or any other exception, for he has the control of them; and whatever risk or wear and tear they are exposed to, must be through his acts or default. If the machines are to be kept together, as in a manufactory, provision should be made for insuring them against fire; but, of course, that object cannot be conveniently accomplished, if they are to be dispersed separately in the houses of the workmen.

FRAMES.

and that if unpaid, the lessor may

the rents be

seize and re

sume the

or default of the said C. D., his executors, administrators, or STOCKING assigns), in good and working condition, he the said A. B., his executors, administrators, and assigns, performing the covenant on his and their part hereinafter contained for the due repair of the same: AND ALSO, THAT if the said several yearly rents herein before reserved, or any of them, or any part or parts thereof respectively, 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, frames. (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 executors, administrators, or assigns, to seize, and resume and take into his own possession and power all and singular the said frames, machines, tools, instruments, and premises herein before demised, and thenceforth to retain and enjoy the same as his and their own chattels and effects (c): AND THE SAID A. B. doth hereby for himself, his heirs, executors, and administrators, covenant with the said C. D., his executors and administrators, that he the said A. B., his executors, administrators, or assigns, shall and will, on or before the day of now next en

Covenants by the lessor to give the lessee possession of

the frames in good condition;

suing, [the commencement of the term], give unto the said C.D., his executors, administrators, or assigns, the full and peaceable possession of the said several frames or machines, tools, instruments, and premises hereinbefore demised, or expressed and intended so to be, in a good and perfect state of working repair and condition in all respects: AND ALSO, THAT he the said A. B., his executors, admi- -and to keep nistrators, or assigns, shall and will, from time to time and them in repair during the at all times during the continuance of the said term of term; seven years, maintain and keep the said several frames or machines, tools, instruments, and premises hereinbefore demised, in good and complete working order and condition, by and with all necessary repairs and amendments whatsoever: AND FURTHER, THAT he the said C. D., his executors, administrators, or assigns, duly paying the said

(c) There can be no power of distress or re-entry in leases of this nature, but, by analogy to other leases, a power like that in the text should be given to the lessor.

-and for quiet enjoyment.