conditions herein contained, and in their part to be observed and performed, shall and may at all times during the said term peaceably and quietly possess and enjoy the mines and premises hereby demised, and exercise the several liberties, powers, and privileges hereby conferred, without any interference by the lessor or any person lawfully or equitably claiming under him.

2. The lessees may, within the space of six calendar months after the expiration or sooner determination of the said term, carry away and dispose of all the coal and other minerals which shall have been raised and gotten from the said mines and premises during the said term, and shall not have been carried away, and may also remove for their own use the moveable machinery, articles and things belonging to or used or employed in or about the said mines and works, or such of them as shall not be purchased by the lessor under the power in that behalf hereinafter contained.

PART VIII.

General provisions.

1. If the rents hereby reserved, or any of them, or any part thereof respectively, shall be behind or unpaid for the space of 40 days next after any of the days whereon the same ought to be paid, then, and so often as the case shall happen, the lessor may enter into and upon the mines and premises hereby demised, or any lands which shall, for the time being, be possessed or occupied by the lessees for the purposes of these presents, and may distrain all or any of the coal and other minerals, horses, engines, trams, waggons, whimsies, tools, implements, baskets, machines, or other the utensils, matters, and things which shall be found in or upon the same premises, and the same may take, lead, and drive, carry away and impound, detain and keep, or otherwise dispose

thereof according to law, until the rent which shall be then due, and all damage occasioned by the nonpayment thereof shall be fully paid and satisfied.

2. If the rents hereby reserved, or any of them or any part thereof respectively, shall be behind or unpaid for the space of sixty days next after any of the days whereon the same ought to be paid as aforesaid, or if the lessees shall make default in observing or performing the covenants and conditions contained in this lease, and, on their part, to be observed and performed or any of them, then and in any such case the lessor may at any time thereafter, and although he may not have taken advantage of some previous default of a like nature into and upon the mines and premises hereby demised, or any part thereof in the name of the whole, re-enter, and the same have again, repossess and enjoy as of his former estate.

3. If the lessees shall be desirous, at the end of any year of the said term hereby granted, to abandon and yield up the mines and premises hereby demised, and of such their desire shall give notice in writing to the lessor, or leave such notice at his usual or last known place of abode in twelve calendar months at least before the period of such proposed abandonment, then this present lease and the term and estate hereby demised, and every clause matter and thing herein contained shall, at such last mentioned period, cease, determine, and become absolutely void to all intents and purposes whatsoever, except in respect of any previous breach or non-performance of the lessees' covenants herein contained.

4. If, at the end or other sooner determination of this demise, the lessor shall be desirous of purchasing all or any of the moveable machinery, articles and things in, upon, or under the above mentioned lands or any part thereof, and used or employed in or about carrying on and working the mines hereby demised,

or for the more convenient occupancy thereof, and shall signify such his desire to the lessees by a notice in writing to be given to them or left for them at their office or counting-house aforesaid, at least six calendar months before the expiration or other sooner determination of the said term (unless the said term shall be determined under the power of re-entry herein before contained, in which case the notice may be given or left at any time within six calendar months after such determination of the said term), then and in such case the machinery, articles and things specified in such notice shall be left by the lessees and be taken by the lessor at a valuation to be made thereof, in case of any difference or dispute between the parties as to their value in the manner hereinafter provided, and the amount of such valuation, when ascertained or settled, shall be paid to the lessees within three calendar months next, after such valuation shall have been agreed upon and delivered to the parties together with interest money after the rate of £4 per cent. per annum from the time of such delivery thereof.

5. If any dispute or difference shall arise between the lessor and the lessees concerning the value of the machinery, articles and things which the lessor shall elect to take or detain as aforesaid, or the amount to be paid by the lessor in respect thereof, or touching or concerning any other matter or thing which it is hereby provided, shall be settled by arbitration in case of dispute or difference, or touching any clause, matter or thing whatsoever herein contained, or the operation or construction thereof, or any matter or thing in any way connected with these presents, or the rights, duties, or liabilities of either party in connection with these presents, then and in every such case (except where hereby otherwise expressly provided) the dispute or difference

D D

shall be referred to arbitration in manner following, that is to say-each of the parties in difference shall appoint an arbitrator, and the two arbitrators shall appoint an umpire either at once or after difference shall have arisen between them. And in case either of the said parties in difference shall neglect or refuse to appoint an arbitrator for fourteen days after notice in writing given by the other party requiring him so to do, then and in every such case the arbitrator chosen by the party giving such notice, may, by any writing under his hand, nominate and appoint a person to act as arbitrator on the part of the person refusing or neglecting as aforesaid, and the award. of the said two arbitrators or their umpire, as the case may be, shall be final and conclusive, and the submission and reference to such arbitration may, on the application of either of the parties, be made a rule of any of Her Majesty's Courts at Westminster.

No. III.

LEASE OF COAL IN A SETTLED ESTATE.

By the 19th & 20th Vic. cap. cxx. s. 2, called, An Act to facilitate leases and sales of settled estates, it is enacted that the Court of Chancery may authorise leases not exceeding in the case of minerals forty years in duration, and on condition that a certain portion of the whole rent or payment reserved, shall be from time to time set aside and invested, namely, one fourth part, when the person entitled to the receipt of the rent is himself entitled to work the minerals for his own benefit, and three fourths in other cases. Trustees are to be appointed to ensure the due application of such portions. By sect. 32

tenants for life or years, under settlement, and tenants by courtesy, or in dower, or in right of a wife who is seised in fee, may lease for twenty-one years without application to the court, upon certain conditions; but such demise must not be without impeachment for waste. Consequently such person

could not lease the minerals without the sanction of the court.

The following is an extract from a lease of coals under a settled estate in Yorkshire, granted under the authority of the Court of Chancery, and the statute 19 & 20 Vict. c. cxx. In this lease the seams of coal are let at so much per acre with a minimum rent for two acres, whether the coal shall be raised or not, and with power to make up for any deficiency. "This indenture made the day of &c., as to the terms and provisions thereof, with the approbation of the Vice-Chancellor

as

Sanction of

&c., made in

the Court of Chancery.

appears by the certificate of the chief clerk of the said judge, dated the

pursuance of an order made the

in the

matter of an Act passed in the 19th & 20th years of the reign of Her present Majesty Queen Victoria, c. cxx., intituled an Act to facilitate leases and sales of settled estates, and in the matter of the estate, situate in and as to the persons who are named as lessors subject to an order of the said court to be obtained for that purpose in the said matter, and which order is intended to be endorsed hereon. Between &c. &c. Witnesseth that in consideration of the payments, reservations, covenants, and agreements hereinafter reserved and contained on the part of the said X. Y., his executors, administrators and assigns. They, the said A. B. and C. D. in exercise of the power for that purpose vested in them by the said order of the do and each of them doth by these presents grant demise Demise.