SOUTH WALES UNDER SETTLED LAND ACT. have commenced, or as to the amount of rent or damage payable OF MINES IN under the reservation aforesaid, the matter in difference shall be settled by arbitration. of rents to be to be paid to trustees as capital money. 15. THREE-FOURTH parts of the several rents herein before Three-fourths reserved shall be paid by the lessees to the lessor, and the paid to lessor, remaining one-fourth part thereof shall be paid by them to the and one-fourth said C. D., E. F., and G. H., or other the persons who shall for the time being be the trustees of the said settlement for the purposes of the Settled Land Act, 1882, to be set aside by such trustees as capital money arising under that Act (a). LESSEES' COVENANTS. lessees to pay 16. THE LESSEES hereby covenant with the lessor, and with Covenant by the said C. D., E. F., and G. H., and other the trustees for rents, &c. the time being of the said settlement, for the purposes of the Settled Land Act, 1882, that they, the lessees, will pay the rents herein before reserved to the lessor and the said trustees in the proportions and at the times herein before appointed in that behalf: AND the lessees hereby also covenant with the lessor to observe and perform all the provisions hereinafter contained, which are or ought on their part to be observed and performed. 17. (Covenant to pay rates and taxes, supra, p. 110.) mines pro 18. THE LESSEES shall during the said term win and work To work the mines hereby demised regularly and properly according to perly, the best and most approved mode of working similar mines in the county of excepted. time lost by bonâ fide strikes or accidents barrier. 19. THE LESSEES shall leave a barrier of twenty yards in To leave a width in each and every seam of coal along every portion of the boundary of the mines hereby demised, and shall not work the same or diminish its width, except so far as may be necessary in the exercise of the privileges of outstroke granted by Article 5, without the consent in writing of the lessor or his agent. 20. Ir in working the minerals hereby demised any fault or dislocation shall at any time be discovered, the lessees (if re (a) It is apprehended that the lessees ought to pay to the trustees that portion of the rent which is required by sect. 11 of the Settled Land Act to be capitalized, and that they could not safely pay it to the tenant for life, leaving the latter to hand it over to the trustees or pay it into Court. See sect. 22. To make trials dislocations. of faults or OF MINES IN SOUTH WALES LAND ACT. quired so to do by the lessor by notice in writing) shall at their UNDERSETTLED own expense make and cause to be made proper and reasonable trials through such fault or dislocation, for the purpose of ascertaining whether or not the vein or seam of coal interfered with or intercepted, and for the time being in work, is workable beyond such fault or dislocation, and if such vein or seam shall be found workable, shall and will at their own expense continue the working thereof. To put up weighing machines. To allow lessor to test same. Books and accounts to be accessible. To deliver quarterly accounts to lessor. Lessor may 21. THE LESSEES shall erect and maintain, at the entrance of each adit, pit, shaft, quarry, or working, or at some convenient place or places upon or as nearly adjacent to the demised premises as may be practicable, good and sufficient and properly constructed weighing machines, at which the whole of the minerals that may be worked, raised, and brought to bank out of the mines hereby demised, as well as any minerals brought from other mines by virtue of the power in that behalf hereinbefore granted, shall be accurately weighed, and daily accounts thereof kept in books suitable for the purpose. 22. THE LESSOR or his authorized agent shall be at liberty (but giving the lessees as little inconvenience as possible) to inspect the machines and weights which may be used for weighing the minerals worked out of or conveyed from, through, over, or across the mines hereby demised, and to adopt such methods as may be deemed necessary for testing their accuracy. 23. THE weighing machine books, and colliers' and quarrymen's accounts, recording the quantities of minerals worked, raised, or carried away from the premises, shall be open at all times during working hours to the inspection of the lessor or his agent, who shall be at liberty to make extracts therefrom or take copies of the same. 24. THE LESSEES shall deliver to the lessor or his agent within fourteen days from each of the quarterly days herein before appointed for payment of rent a perfect abstract from the books of account for the preceding three months, and shall verify the same, if required, by the statutory declaration of the clerk or book-keeper, and also of the actual manager of the lessees so far as his knowledge extends. 25. THE LESSOR, if he desires to do so, shall be at liberty to employ a check employ a check clerk to see all the minerals worked from the mines hereby demised or from other mines and subject to out clerk. stroke or wayleave rent brought out, and to keep an account thereof, and to check the returns and accounts of the lessees. 26. THE LESSEES shall preserve the mines hereby demised from all avoidable damage and injury, and keep all the levels, adits, drifts, shafts, pits, airways, watercourses, ponds, erections, engine-houses, sheds, workshops, and other conveniences, railroads and other roads and ways in good order, repair, and condition (except such of the works and buildings as shall from time to time become unnecessary for the further working of the said mines), and shall deliver up the same in such state and condition at the end or sooner determination of the said term. OF MINES IN SOUTH WALES UNDER SETTLED LAND ACT. enter mines to 27. THE LESSOR or his agent, servants, and workmen duly Lessor may authorized shall be at liberty from time to time to enter into and inspect conupon and to inspect and survey the mines hereby demised and dition thereof. the works connected therewith, and also (so far as the lessees can grant this privilege) any adjoining or other mines of the lessees worked in connection with the mines hereby demised, and for those purposes to make use of the pits, shafts, levels, roads, horses, workmen, ropes, machinery and other works or conveniences of the lessees, and shall for the purposes of such inspection and surveys have, free of cost to the lessor, the assistance of the lessees' resident manager, or one or more of their servants or workmen having a competent knowledge of the lessees' workings. 28. AN accurate plan drawn to a scale of two chains to an Plan. inch of all the workings in the mines hereby demised, and also in any adjoining mines connected therewith by instroke or outstroke, shall be prepared and kept by the lessees, upon which the extent, position, and actual condition of the mines and premises shall from time to time, and at least once in every six months, be set forth and delineated, and of which the lessor or his agent shall be at liberty at all reasonable times to inspect and make copies. 29. THE pits, drifts, adits, machinery, railways and other Pits, &c. to be works of the lessees shall be so secured that no injury may cured. properly seresult therefrom to man or beast, and all tramways, railways, inclined planes or other roads shall upon the requirement of the lessor be properly and securely fenced out from the properties and enclosures through which they may pass; and when any pits or shafts shall have become useless or unnecessary the SOUTH WALES OF MINES IN lessees shall either fill up the same with earth or waste, or UNDER SETTLED Surround them with a well constructed wall of masonry at least six feet in height, or cover them with a good and sufficient arch of stone. LAND ACT. Workings not to be carried under existing buildings. Lessees not to grant wayleaves or assign mines without con 30. THE LESSEES, unless authorized in writing so to do by the lessor, shall not extend their workings under any farm or other houses, cottages or buildings now standing and being on the lands under which the mines hereby demised are, nor within a distance of ten yards on each side thereof, and in the event of any damage occurring to such houses, cottages, or buildings by the breach of this covenant, reasonable compensation shall be paid in respect of the same, and the lessor shall be kept fully and sufficiently indemnified from all actions or claims in respect thereof. 31. THE LESSEES shall not at any time during the said term grant to or suffer any person to use any wayleaves, drifts, levels, outstrokes, waterways, or other communications sent of lessor; from, into, through, under, or over the mines hereby demised, but consent not to be unreasonably withheld. and the works belonging thereto, without the consent in writing of the lessor or his agent having been first obtained, nor shall the lessees underlet or assign the mines hereby demised or any part thereof, or in any other way dispose of the same except by testamentary disposition without the consent in writing of the lessor, which consent, in the event of all the covenants and provisions herein contained being duly observed and performed up to the period when the same shall be required to be given, shall not be withheld without substantial grounds of objection, and its being reasonably probable that such an assignment or underletting will be calculated to retard and interfere with the full development or efficient prosecution of the mining operations, or in some other manner prejudicially to affect the interests of the lessor, and in the event of any difference as to the operation of this clause it shall be settled and determined by arbitration in the manner hereinafter provided. (Lessors' covenants and general provisions as in No. XXIII. or XXIV.) IN WITNESS, &c. No. XXVII. LEASE of a BRICKFIELD. THIS INDENTURE, made the day of 18—, BETWEEN A. B., of, &c. (lessor), of the one part, and C. D., of, &c. (lessee), of the other part, WITNESSETH AND DECLARES as follows: : OF A BRICKFIELD. Parties. manufacture 1. In consideration of the rents and lessee's covenants herein- Demise of brickfield after reserved and contained, the said A. B. (hereinafter called "the lessor "), hereby demises unto the said C. D. (hereinafter called "the lessee"), ALL that piece or parcel of land, &c. (describe field), TOGETHER with the liberty and right to dig and with right to dig clay, get out of the said land, clay, brick-earth, sand, and other materials used in the manufacture of bricks, and to manufacture the &c., and to same into bricks, draining tiles, or other ware in and upon the brick. said land, AND ALSO liberty and right for the purposes aforesaid to make and place in, over, and upon the said land, sheds, buildings, roads, drains, watercourses, and other works and conveniences, But so that no clay, earth, or other materials shall be dug and no works carried on within six yards of the boundary fences on the south and west sides of the said land: TO HOLD the same unto the lessee from the 18-, for the term of years thence next ensuing, and subject to the provisions hereinafter contained. day of 2. THE LESSEE shall during the said term pay to the lessor Certain rent. for or in respect of the premises hereby demised the certain yearly rent of £- by equal half-yearly payments on the day of and the day of first payment to be made on the in every year, the in respect of which rent the lessee may in each year manufac |