OF STONE QUARRIES. liberty to use liberty for the lessor and all persons authorised by him to use the road hereinafter covenanted to be made by the lessee either with or without horses, cattle, carts, and carriages: and also road, and to liberty for the lessor and all persons authorised by him to dig get chalk, &c. and get chalk, stone, and sand from or out of any part of the for use of his lands coloured pink on the said plan for the use of the estate or from lessee's the lessor, but not for sale: Bur this liberty shall not enable the lessor, or any other person to dig or get chalk, stone, or sand from the quarries or pits of the lessee without his consent. estate, but not pits. 5. THE following rents are hereby reserved for or in respect of Certain rent. the premises hereby demised, and shall be paid by the lessee to the lessor (namely), 1st, the yearly rent of £200 to be paid during the whole of the term hereby granted, by equal half-yearly payments on the day of , and the day of in every year, the first of such payments to be considered as payable on the day of 18-: 2ndly, the rent or sum of Rent for stone. 6d., for every ton of stone over and above 10,000 tons which shall or may be gotten from or out of the said lands under the authority of this lease in any year of the said term after the day of such royalty to be paid on the day of lime-kiln to the said yearly rent of £200 AND 3rdly, the yearly rent of Rent for every £20 to be paid for and in respect of each and every lime-kiln ex- exceeding five. ceeding the number of five, which the lessee shall erect or set up on the said lands for the purpose of converting the said chalk into lime to be paid half-yearly, the first payment thereof to be made on the first of the half-yearly days which shall happen next after the lessee shall have commenced erecting and building each and every such additional lime-kiln, and to be paid during the remainder of the said term. 6, 7. THE LESSEE hereby covenants, &c. (to pay rents and Lessee coveobserve provisions and pay rates and taxes, supra, p. 140). nants to pay rents, rates, and taxes. To make a 8. THE LESSEE shall forthwith commence, and with all convenient speed prosecute and complete at his own cost in a good road. and workmanlike manner, and to the satisfaction of the lessor or his agent, a hard and substantial road not less than fifteen yards wide from the said quarries and pits to Heath, the site and direction of the said road to be determined by the lessor or his VOL. II. L OF STONE QUARRIES. To keep account of all stone gotten. To keep in repair. agent, and shall at all times during the said term, at his own cost, keep the said road in good and substantial repair and condition, and the same in such good repair and condition deliver up to the lessor at the end of the said term, and shall at all times during the said term permit the lessor and all persons authorised by him to use the said road, either with or without horses, cattle, carts, and carriages. 9. For the purpose of ascertaining the amount of rent for stone payable under the above reservation in that behalf, the lessee shall, after the day of, keep proper and correct books of account, showing the amount of stone gotten from time to time under the authority of these presents, and shall, previously to the day of in the year 18-, and in every subsequent year of the said term, deliver to the lessor or his agent a correct abstract of the said books of account for the then preceding year, and shall verify the same by the statutory declaration of himself or his foremen, if required: AND shall permit the lessor and his agent at all reasonable times to inspect the said books of account to take extracts therefrom. 10. THE LESSEE shall at all times during the said term keep cottages, &c., all cottages, sheds, buildings, lime-kilns, and other erections now standing, or which shall hereafter be erected or set up in or upon the said lands under the authority of these presents, in good and substantial repair and condition, and the same in such good and substantial repair deliver up to the lessor at the end of the said term. To fence and guard the quarries, &c. 11. THE LESSEE shall at all times during the said term well and effectually fence and guard the quarries, pits, railways, tramways, and other ways now existing, or which shall at any time during the said term be made under the authority of these presents, and shall do as little damage or injury as possible to the surface of the said lands in the exercise of the liberties hereby granted: AND shall make full satisfaction to the tenants. or occupiers of the said lands for any damage or loss which may be sustained by them by reason of any horses, cattle, sheep, or other animals falling into or getting on the said quarries, pits, railways, tramways, or other ways, or otherwise by the neglect or default of the lessee or his agent, servants, or workmen, the amount of such compensation to be settled by arbitration in case of difference. OF STONE QUARRIES. 12. THE LESSEE shall at all times carry on the works hereby authorised in a proper and workmanlike manner, and after the best and most approved method of carrying on similar works in works prothe neighbourhood. 13. Ir shall be lawful for the lessor or his agent at all reasonable times during the said term to enter into and upon the quarries and pits of the lessee, and to inspect the state and condition of the same, and of the works therein, and if any of the said works shall be found to be carried on in an improper and unworkmanlike manner, to give notice in writing to the lessee or his agent to rectify such improper working within ten days after such notice shall have been so given, within which time the lessee shall so far as practicable rectify the same. 14 to end. (Lessee not to remove plant-power to lessor to purchase plant-lessee not to assign without licence-Covenants by lessor for quiet enjoyment by lessee, and that lessee may remove plant if not purchased-power of distress-power of re-entryarbitration clause-meaning of "lessor" and "lessee"-as in last Precedent, suprà, pp. 141, 142.) To carry on perly. Lessor may enter and inspect works. No. XXIX. LEASE for LIVES on the dropping of a LIFE pursuant to LEASE FOR THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. Parties. (lessor), of the one part, and C. D., of, &c. (lessee), of the other part (Recite lease for lives of E., F., and G., and lives and life of survivors and survivor of them, and the covenant for renewal contained in the lease,-death of E.): AND WHEREAS the said Application C. D. hath requested the said A. B. to grant to him the said lease. C. D. a renewed lease of the said premises pursuant to the covenant for this purpose contained in the said lease, for the for renewed LEASE FOR premises to lessee for three lives. lives of F., G., and H. in consideration of a fine of £ NOW THIS INDENTURE WITNESSETH that, in pursuance of the Lessor grants aforesaid covenant, and in consideration of the sum of £— to the said A. B. paid by the said C. D. on or before the execution of these presents (the receipt, &c.), and in consideration of the surrender of the said recited lease, and of the rent and lessee's covenants hereinafter reserved and contained, he the said A. B. (hereinafter called "the lessor ") hereby conveys unto the said C. D. (hereinafter called "the lessee "), ALL, &c. (parcels), To HOLD the same unto the lessee from the date of these presents, for and during the lives of the said F., G., and H., and the lives and life of the survivors and survivor of them, YIELDING AND PAYING therefor during the said term the yearly rent of by equal quarterly payments on the day of day of lessor to renew the lease on the dropping of a life. £ the day of on the the day of and the the first of such quarterly payments to be made day of (Covenant by lessee to pay rent, rates, and taxes during the said term, to keep in repair-to Covenants by permit lessor to inspect-to insure): AND THE lessor hereby covenants with the lessee that in case, on the decease of any one of the persons for whose lives this lease is granted, the lessee shall, within six calendar months from the dropping of such life, give to the lessor, or leave at his usual or last known place of abode, a notice in writing requesting a new lease of the premises for the lives of the two survivors of such persons, and the life of one other person to be nominated in that behalf by the person or persons giving or leaving such notice, and shall within the said period pay the sum of £ to the lessor, by way of fine for the renewal of such lease, then and in such case the lessor shall and will within such period as aforesaid, at the request and cost of the lessee, grant unto him, on the surrender of this present lease, a new lease of the said premises for the lives aforesaid, according to such notice, upon the same or the like terms, and under and subject to the same or the like covenants and provisions as are declared and contained in this present lease, including this covenant for renewal. (Meaning of term "lessor" and "lessee," suprà, p. 56.) IN WITNESS, &c. No. XXX. LEASE of a RIGHT of SPORTING. THIS INDENTURE, made the day of,18-,BETWEEN OF RIGHT OF A. B., of, &c., of the one part, and C. D., of, &c., of the other part: Parties. WITNESSETH, that in consideration of the rent and lessee's covenants hereinafter reserved and contained, THE said A. B. Demise of doth hereby demise unto the said C. D., ALL THAT the exclu- right of sporting sive right of hunting, coursing, shooting, fishing, and sporting in, over, and upon the manors of, &c., AND ALSO all that the keeper's lodge situate at aforesaid, now in the occupa tion of seven years rent. (except and reserved out of these presents unto the said A. B., his heirs and assigns, the exclusive right of shooting and sporting in, over, and upon the several lands coloured red in the plan hereto annexed, and the exclusive right of fishing in the river A., between the points marked C. and D. on the said plan). TO HOLD the said premises unto the said to lessee for C. D., from the day of, last past, for and during the if he shall so term of seven years thence next ensuing, if the said C. D. long live. shall so long live, but subject as regards ground game to the rights of the tenants of the said lands or any of them under the Ground Game Act, 1880. YIELDING AND PAYING therefor, the At yearly yearly rent of £————, by equal quarterly payments, on the 25th day of March, the 24th day of June, the 29th day of September, and the 25th day of December in each year, with a proportionate part of the said rent, up to the day of the decease of the said C. D. within the said term, the first payment to be made on the day of next. AND the said C. D. doth Covenants by hereby covenant with the said A. B., his heirs and assigns, in manner following, that is to say, that he, the said C. D., will pay to pay rent, the said rent at the times hereinbefore appointed for payment and taxes in thereof, and will also pay all rates and taxes payable in respect respect of of the said keeper's lodge: AND ALSO will, during the said term, To keep a at his own cost, keep at least one effective gamekeeper, who shall gamekeeper. lessees, keeper's lodge. |