enjoy the said railway for any similar purposes, with as little interruption as possible, and shall accordingly enter into and adopt all reasonable arrangements, which shall be proposed from time to time by the said grantor, or other persons aforesaid, in that behalf. And also shall at all times do as little injury as possible to the said railway, and the sides, rails, fences, and drains thereof, and the buildings, works, and property connected therewith. And also shall from time to time during the said term, except during the last year thereof, contribute his just share of such reasonable costs as shall be required to be incurred for the laying of new rails, or the necessary repair and support of the said railway, and of all the sides, rails, fences, drains and walls belonging thereto, and of so much of the engines, rollers, ropes, buildings, machinery, and works held therewith as shall be used and enjoyed by the said grantee in common with any other persons whomsoever. And also shall and will at all times during the said term keep and preserve the said railway, buildings, fixed engines, machinery, rollers, ropes and works hereby authorised to be used and enjoyed in common as aforesaid in good repair, and fit for the purposes of the rights and liberties hereby granted and demised. Provided always and it is Power to hereby agreed that if at any time during the term terminate the said grantee shall neglect or refuse to perform the lease any of the covenants and agreements in this deed of covenant. contained on his part to be observed, then it shall be lawful upon any such breach for the said grantor by notice in writing, signed by him and delivered to the said grantee, or left at his usual or last place of abode, to declare that these presents and the right and liberty thereby granted shall thenceforth determine, and therefore these presents shall forthwith become absolutely void, except in respect of any

grantor to

for breach

previous breach of the covenants and agreements herein contained. Provided also-(Here may be inserted powers to distrain on non-payment of rent, a covenant by the grantor for quiet enjoyment, and a proviso similar to that at the end of Form No. I., by which the covenants, agreements, &c., shall be declared to bind the heirs &c. in like manner as if they had been respectively named after the words grantor and grantee.) In witness whereto, &c.

No. V.

To provide

VARIOUS COVENANTS AND PROVISOES.

Clause A.

This clause may be added to the covenant to pay for thebank the rent: "And if the said (lessee) his executors, ruptcy, &c., of the lessee. &c., shall be adjudged a bankrupt, or make any com

position with his or their creditors, for the payment of his or their debts, or take the benefit of the statutes for the relief of insolvent debtors, then it shall be lawful for the said (lessor), his heirs or assigns, to re-enter into and upon the said demised lands, colliery, seams of coal, and premises hereby demised and re-possess and enjoy the same, as if these presents had not been made."

Provision

for requiring trials through

faults and

dislocations

Clause B.

This is a proviso to meet the contingency of a fault or dislocation being met with: "Provided also, &c., that if in working the said seam any fault or dislocation shall at any time be discovered, the said (lessee) if required, shall at his own expense make proper and

reasonable trials through such faults or dislocations for the purpose of ascertaining whether or no the seam so interrupted is workable and marketable beyond such fault or dislocation, and if such seam shall be found workable and marketable, shall at his own expense continue the working thereof."

Clause C.

not to work

This covenant is to prevent excavations under Covenant buildings on the surface under which the seams de- under mised are situate: "And also that the said (lessee), buildings. &c., shall not, unless authorised to do so by the lessor, extend his workings under any farm or other house or buildings now or hereafter to be erected on the lands delineated on the map hereto annexed, nor within the distance of ten yards on each side thereof; but in the event of any damage to such erections by the act or default of the said (lessee), &c., in violation of this stipulation reasonable compensation shall be made in respect of the same, and the said (lessor), &c., shall be kept indemnified against any suit or suits at law for damages in respect of the same."

Clause D.

lessee to

strokes and

with bound

ary marks.

This is a proviso to enable the lessee to work coals Power to in any adjoining mines, and vice versa, by access make outthereto from the seam demised: "Provided always, instrokes, to &c., that the said (lessee), &c., shall have liberty and and from adjoining licence to make an outstroke into any adjoining workings, mines, and by means thereof to work any minerals therefrom upon payment of a way-leave in respect thereof of (say) 1d. per ton, but so that such outstroke be so constructed and driven as that the said (lessee) at his own expense shall not be precluded from effectually stopping up the same by sufficient

frame-dams or other dams to be placed therein at the expiration or determination of this term, and also shall have liberty, subject to the same condition as to dams, to work any portion of the seams hereby demised by means of an instroke from any adjoining property; but both the said liberties and powers to be subject to the further condition that the said (lessee), &c., shall cause distinct and sufficient marks to be made and maintained on the roof or side of every level heading or stall that may cross and pass over the boundary of the seams of coal hereby demised into or out of any adjoining workings so as to enable the said (lessor), &c., to determine and check the accuracy of the surveys kept by the said (lessee), &c."

Another form of an average or deficiency clause.

"Proviso.

Clause E.

Provided always, and it is hereby agreed and declared by and between the parties hereto that after the said dead or certain rent of

shall become payable as aforesaid notwithstanding the reservations hereinbefore contained of the said royalties on minerals no such royalties shall be actually paid or payable in any year unless the amount of such royalties in that year exceed the amount of the said dead or certain rent, it being the true intent of the parties hereto that in case in any current year of the term hereby granted the amount of the royalties on minerals wrought in such year shall fall short of the dead or certain rent payable for such year, the said dead or certain rent only and no royalty shall in that year be actually paid, but that in case the royalties shall in any current year of the term hereby granted exceed the said dead or certain rent payable for such year, then so much and no more of the said royalties as shall exceed the amount of the said dead

or certain rent shall in such year be actually payable in addition to the said dead or certain rent."

Provided also, and it is hereby further agreed and declared that if in any half-year of the said term hereby granted after the said dead or certain rent shall have become payable as aforesaid, the said A. B., his executors, &c., shall not work, obtain, or bring to the surface from or out of the mines hereby demised such a quantity of minerals as shall be sufficient to produce royalties at least equal in amount to the said dead or certain rent and shall in either of the next succeeding half-years' work obtain and bring to the surface such a quantity as will be sufficient to produce royalties in excess of such dead or certain rent, then and in such case and so often as the same shall happen, it shall be lawful for him or them to retain and keep back as much of the royalties otherwise payable thereon as will be equal to the loss sustained by such deficient workings.

Yet so nevertheless, that during the said term there shall always be paid at the least the dead or certain rent hereby reserved, whatever may be the quantity wrought, and so that no deduction for the deficiency in any half-year be made except in one or either of the next succeeding half-years.

Clause F.

clause.

Provided also, and it is hereby further agreed and Breakage declared that although in the process of working the minerals hereby demised there may be by arrangement between the said A. B., his executors, &c., and his and their workmen, or according to custom, or by breakage or otherwise sent out under the denomination of "Large Coal" as great a proportion of small coal as 120 lb. in every ton known as colliers' ton of 2,640 lb. of coal passed over the weighing machine or a still greater proportion, yet nevertheless the