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erect, build, and set up in any convenient place or places near any of the said mines, veins, or strata so to be demised or leased, all such furnaces, forges, mills, engines, machines, houses, hovels, lodges, sheds, or other buildings as shall from time to time be needful or deemed convenient for standing, laying, and placing workmen, work-houses, work gear, and utensils to be employed or used in or about the working or carrying on of the said mines, veins, or strata, or in the working or manufacturing thereof; and also to dig and get up stone, sods, peat, clay, or soil for making, building, and repairing such houses and other buildings, and to do whatever else shall be deemed needful and requisite in or about the trying for, winning, working, obtaining, getting, converting, and manufacturing the coals, iron, ore, and other minerals in, from, forth, or out of the said mines, veins, and strata, and for the manufacturing, leading, and carrying away the same; together with or without full liberty, license, and authority for every such lessee, his executors, administrators, or assigns, either upon terms to be stipulated or otherwise, to take down, remove, and carry away at the end of his term all or any of such engines, machinery, tackle, gear, and articles whatsoever as he or they shall have erected and placed in or upon the demised premises, or any part thereof; so as upon every such grant, demise, or lease there be respectively reserved and made payable during the term of years to be thereby respectively created, the best and most improved yearly rent or rents, royalty or royalties, tolls or other duties, either in money or produce, or partly in money or partly in produce, that can be reasonably had or gotten for the same, to be incident to the immediate reversion of the hereditaments so to be demised, without taking any fine, premium, or foregift for the making thereof; and so as there be contained in each of them a condition of re-entry for non-payment of the rent or rents, royalty or royalties, tolls or other duties thereby to be reserved or made payable; and so as the respective lessee or lessees do execute counterparts of all such demises or leases as shall be made to them respectively, and enter into such covenants and agreements for the working and managing of the said mines, veins, and strata as are in like cases usual, and for rendering and pay

ing the rent or rents, royalty or royalties, tolls, or other duties thereby to be reserved.

CVIII. And also to and for the said A. B., from time to time, in like manner, to grant any lease or leases of the mines and veins of coal and other minerals and fossils opened or to be opened, or the right of opening or working mines and veins of coal and other minerals and fossils in and upon the said messuages, hereby &c., for any term or number of years not exceeding sixty years, at and under such reservations, rents, tolls, duties, royalties, covenants, conditions, and agreements, as the said A. B. in his discretion shall at any time and from time to time think fit, and with such privileges and easements to be exercised on the adjoining ground, and with such wayleaves or roads as the said A. B. shall think fit; so as an annual rent equal to shillings per acre for every acre, and in that proportion for every less quantity of ground than an acre of surface ground, which shall from time to time be kept open, used, or worked, for the purpose of carrying on the business of such mines, shall be reserved by the lease of every such mine, payable during the term thereby granted; and so as the same rent or rents, and all other rents, tolls, and duties, to be reserved as aforesaid, shall from time to time, during the term or terms to be granted by such last-mentioned lease or leases respectively, be reserved, payable yearly or oftener to the person or persons who for the time being shall be entitled to the freehold reversion or inheritance of the said messuages &c., or to the possession thereof, subject to such appointment or appointments by way of demise or lease; and so as every appointment by way of demise or lease shall contain a proviso or agreement for re-entry, and for defeating such lease or leases respectively, unless the rents, toll duties, and other payments to be thereby reserved or made payable, and all arrears thereof, shall be duly and regularly paid within twenty days after the same respectively shall become due, and demand shall be made thereof by the person or persons entitled to the same; or in case the said mines shall not be worked with effect, and in a given manner, and with a given number of men, to be specified in every such lease or leases

To lease mines.

(Another form).

To lease mines. (Immediately following a power to lease farms, &c.)

respectively, and at &c., not less than

calendar months

after the three first years thereof, and thenceforth during the continuance of every such lease or leases respectively; and so as such last-mentioned lessee or lessees do and shall execute counterparts of the indenture or indentures of lease to be granted to him or them respectively, and thereby covenant for the due payment and performance of the rent or rents, and other duties thereby reserved.

CIX. And also, by any deed or deeds indented, to be by him or her duly executed in the presence of two or more credible witnesses, to demise, grant, lease, and to farm, let in possession, and not in reversion or remainder by way of future interest, unto any person or persons, for any term or number of years not exceeding ninety-nine years, all or any mine or mines, veins or seams of coal and culm, or any other mines or minerals, of what nature, kind, or sort soever the same may be, in, upon, or under the last herein before mentioned messuages &c., and of such pieces or parcels of land, by way of ground room, heap room, and pit-room, and such way-leaves and liberties and powers as may be judged reasonable, convenient, and necessary towards digging for and working the same, as well for the laying down of such coal, culm, or other minerals, as for the erection of engines and making canals and waggon-ways, or other ways or devices whatsoever that may be thought necessary for working, landing, or carrying away such coal, culm, mine, or minerals, or any other coal, culm, mine, or minerals, from or under the said lands, or the lands of any person or persons, so as there be reserved upon every such demise, lease, and grant, the most improved rent or rents, reservations, tolls, or other duties (usual in demises, leases, or grants of a like nature) to be incident to the reversion of the said premises so to be demised, which can or may be reasonably had or gotten for such of the premises as shall be leased at the time of the making thereof, without any fine or other thing to be had or taken for the demising thereof; and so as in every such demise, lease, or grant, there be contained a condition of reentry on nonpayment of the rent or rents to be thereby reserved; and so as the lessees or grantees to whom such

demises or leases shall be made do execute counterparts of their respective leases, and do thereby covenant for the payment and performance of the rents, reservations, tolls, and other duties to be thereby reserved; and so also as such lastmentioned leases be made under such further and other stipulations, restrictions, and agreements, as are usually inserted and contained in leases of mines of coal or culm in the said county of G.

CX. And also, with such consent as aforesaid, by indenture, to demise and lease all and every or any of the mines, delfs, beds, veins, and seams of coal, cannel, lead, iron, copper, and other minerals, and the ores thereof respectively found and discovered, or which shall or may at any time or times hereafter be opened, found, or discovered in, under, or upon any part of my said last-mentioned estate, unto any person or persons, for any term or number of years not exceeding ninety-nine years, to take effect in possession and not in reversion, remainder, or expectancy, or by way of future interest, together with full and free liberty, licence, power, and authority to search for, take, use, and dispose of all such coal, cannel, lead, iron, copper, and other minerals, and the ores thereof respectively, as shall be found in the same mines, delfs, beds, veins, and seams, and to dig, sink, drive, and work, and make pits, grooves, shafts, drifts, trenches, sluices, and water-courses, and to erect any furnace or furnaces, fire engine or other engines, or other erections and things whatsoever, as well for the finding, discovering, winning, working, and procuring coal, cannel, lead, iron, copper, or other minerals, or the ores thereof respectively, out of the said mines, as for the avoiding and carrying away water, foul air, and stench from and out of the same; and also full and free liberty, licence, power, and authority to erect, build, and set up in any convenient place or places near any of the said mines and quarries so to be demised or leased, all such houses, hovels, lodges, sheds, and other buildings as shall from time to time be needful and convenient for the standing, laying, or placing of any workmen, horses, metals, or minerals to be employed or used or gotten in or about the working of the same mines or quarries re

[blocks in formation]

To lease mines.

(In wills).

To lease and grant copies of freehold and

copyhold lands

for lite or lives,

or years deter

minable upon life or lives.

spectively, and to dig and get up stones, peat, clay, or spar, for erecting or building and repairing such houses and other buildings, and whatsoever else should be deemed needful or requisite in or about or for the winning, working, obtaining, getting, washing, cleansing, and melting of coals, cannel, and other minerals, and the ores thereof respectively from, forth, and out of the said mines, and for the manufacturing, taking, and carrying away the same; so as upon all such leases there be respectively reserved and made payable, during the continuance thereof, the best or most improved yearly rent or rents, tolls, duties, and revenues, that can be reasonably had or gotten for the same, without taking any fine or foregift, or any other matter or thing in the nature or in lieu of any fine or foregift, in respect of the making thereof; and so as in every such lease there be contained a clause of re-entry in case the rent and rents thereupon to be reserved be behind and unpaid by the space of thirty-one days; and so as the lessee and lessees to whom such lease or leases shall be made as aforesaid doth and do seal and deliver a counterpart or counterparts of such lease or leases.

CXI. Provided always, and it is hereby further declared and agreed by and between the said parties to these presents, that it shall and may be lawful to and for the said A. B., at any time or times hereafter during the term of his natural life, and also to and for the said C. D., E. F., and G. H. [trustees], and the survivors or survivor of them, or the executors or administrators of such survivor, from time to time after his decease, and during the minority of any such son or sons of the said marriage as shall, by virtue of the limitations aforesaid with respect to the said several estates of the said A. B., be entitled for the time being to the freehold and inheritance of such estates, to make leases, demises, and copyhold grants of all or any of the same several estates respectively, in manner hereinafter mentioned; (that is to say), as to such and so many of the same estates and premises as have been usually granted, leased, or demised by deed or deeds for lives or years determinable on deaths, to grant, lease, or demise the same, or any of them, by indenture or indentures, to be by him or them respectively sealed and de

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