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LEASES.

Coal Pits, &c.

No. XX.

Lease of Coal Pits, or of Lands in a Coal or
Mining County.

Variations where the Leuse is of Lead, Copper, Iron, or other Ores, or where there is supposed to be such. Where it is an original and where an Underlease. Where a Premium is paid for the Lease, &c. &c. as below. (1).

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Notes, &c.

Underlease.

Corporation.

College. Tail, &c.

Bishop.

(1) See the notes, &c. to No. VIII. ante, p. 65, and variations, &c. to No. IX. ante, p. 94, also ante, No. VI.

And if the present lessor be himself a lessee only of the premises, see ante, No. X. p. 114, 115.

If the lease be granted by a corporate body, see post, No. XXI.

If by a college, post, No. XXII.

If by tenant in tail, or for life at the common law, see post, No. XXIII. If under the statute, post, No. XXIV.

If by a bishop or other ecclesiastical person, see post, No. XXV.

LEASES.

WITNESS, in

(the lessee) of, &c. of the other part. WHEREAS, &c. (1.) WITNESSETH, that for and in consi- Coal Pits, &c. deration of the rents, renders, reservations, and payments hereinafter reserved, and of the pro- consideration of visos, conditions, covenants, and agreements here- rents, &c. inafter contained on the part and behalf of the said (lessee) his executors, administrators, and assigns, to be respectively paid, observed, performed, fulfilled, and kept, he the said (lessor) HATH granted, demised, leased, and to farm letten, and by these presents DотH grant, demise, The lessor delease, and to farm let unto the said (lessee) his executors, administrators and assigns, (such assigns being with the licence and consent hereinafter mentioned, ALL those several closes, Parcels. pieces, or parcels of land, &c. and also all and every the mines, pits, and veins of coal, and other

mises, &c.

If by a husband seised in right of his wife, post, No. XXVI.
If by a tenant for life under a power, post, No. XXVII.
If by trustees, post, No. XXVIII.

If by a guardian, post, No. XXIX.

If by the committee of a lunatic, post, No. XXX.

Husband.

Life.

Trustees.

Guardian.

Committee.

If by an heir at law under an agreement by his ancestor, post, Heir.

No. XXXI.

If by mortgagor and mortgagee, post, No. XXXII.

Mortgagee.

If by joint-tenants, tenants in common, or coparceners, post, Joint-tenants. No. XXXIII.

If by executors or administrators, post, No. XXXIV.

Executors.

If it be granted to joint-tenants, tenants in common, or co- Tenants in compartners, post, No. XXXV.

If to executors or administrators, post, No. XXXVI.

mon, &c.

Executors.

(1) If the lease be granted in pursuance of a previous written Prior agreeagreement, see ante, p. 95, n. (2), and add here, Now THIS IN

ment.

DENTURE.

LEASES,

Coal Pits, &c.

Liberty to delve, &c.

mineral and product (except as hereinafter is mentioned) lying and being in and under all and singular the said land or ground which (1) now are open or known, or which shall or may be found or discovered therein, during the continuance of this demise or lease, together with full and free liberty (2), power, and authority for the said (lessee) his executors, administrators, and assigns, and his and their and every of their agents, servants, miners, and workmen from time to time, and at all times during the continuance of this demise, at his or their costs, charges, to enter into and upon the lands, ground, and pre

Mines,

Mines, &c.

(1) If the lease be of mines or ore, &c. say,

"All and all manner of mines, pits, and veins of lead, tin, copper, metal, minerals, and other ores whatsoever, which," &c. (as in the text).

(2) These privileges may be converted into covenants on the part of the lessor, if requisite; in which case such covenants will be properly inserted after the reddendum, p. 310,

If the lease be of mines, ore, &c. add,

"AND also to erect, build, and set up upon any part or parts of the said demised premises, any engine or engines, furnace or furnaces, forge or forges, mill or mills, workmen's or other shops, stables, or other erections and buildings for the cleansing, making, manufacturing, and converting tin, copper, or other ores, minerals, and other metals into goods, wares, and merchandizes, or otherwise using or dealing with the same; and likewise to cut and make watercourses, drains, buddles, and bung-steads for washing, dressing, and cleansing the said ores, and other necessary purposes concerning the same."

LEASES.

mises hereby demised or described, or any part or parts thereof, and there to dig, bore, delve, sink, Coal Pits, &c.

search for, and raise, get and work the said pits, mines, and veins, and follow and pursue the same, according to the law and custom of mines and stannaries, and for that purpose to sink such and so many pits and shafts, and to drive such and so many headways, soughs, levels, and drains, and to erect and set up such and so many fireengines, whimsies, cranks, gins, and other machines, and to make use of all such other devises, ways and means as shall be found necessary or expedient for raising, getting, and working the said mines and veins, and for draining, raising, and discharging the water therefrom, in the best manner, or as is usually practised in such or like cases, and to place and stack up such coal and product, and the earth, rubbish, and spoil to be raised out of the said pits or shafts, and mines upon the said lands and grounds, and from time to time to take down the said fire-engines, whimsies, cranks, gins, and other machines erected and set up, for the purposes aforesaid, and the materials thereof, as to him the said (lessee) his executors, administrators, and assigns, shall seem meet; and to have, take, and carry away, at his and their freewill and pleasure, and to convert for and to his and their own proper use and benefit all such coal and product, as shall or may be gotten or raised from the said pits, mines, and veins, (except only as hereinafter is mentioned). AND also to make And to make

waggon roads.

LEASES.

Coal Pits, &c.

such and so many waggon roads or railways, and cuts, pools, or canals in and over the said lands or ground, and to do and perform all other reasonable acts and things necessary or proper for the carrying away the said coals, and other produce of the said pits or mines as shall from time to time be fitting and necessary, and also full and free liberty of ingress, egress, and regress, in, to, out of, and from the said lands, grounds, and premises, or any part thereof, with horses, carts, waggons, and other carriages, or otherwise as shall be necessary for taking, conveying, carrying away, selling, and disposing of the said coal, and other the produce thereof, in, by, and through all such roads, ways, cuts, and canals, or any of them, or any part thereof, (subject only to the provisos, limitations, agreements, and conditions hereinafter contained); together also with full and free liberty, licence, power, and authority, from time to time, and at all times during the continuance of this demise or lease, at his and their free will and pleasure, and at his and their own costs and charges, to raise, dig, and get stones, sand, fine and common brick earth, or clay, in any convenient part or parts of the said demised lands or grounds, and to make and burn the use of mines, bricks, tiles, and other articles for the erecting and building of any furnaces, engines, works, forges, mills, erections, and buildings upon the said demised lands, ground, and premises, and for altering and repairing the same, for the use of the

Liberty for lessee to get

stone, sand, and

brick earth.

And to burn bricks, &c. for

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