putting an

end to the term when the coal is exhausted.

the said parties that any disputes under these presents shall be referred to two arbitrators, whose written determination thereon (or that of an umpire chosen by themselves in case of difference) shall conclude the disputing parties, and within thirty days from written notice of arbitration each disputing party shall name an arbitrator, and if either shall fail to do so both arbitrators shall be named by the other party, and that the arbitrators or their umpire may call in professional assistance, and may require the personal attendance and examination of the said parties, and those claiming under them, and the production of all documents relative to the dispute, and may determine by whom the expenses of arbitration shall be Proviso for defrayed, together with the amount thereof. Provided always, and it is hereby further covenanted and agreed between the parties to this lease, that if all the marketable coal that can be fairly worked according to the most approved method of working in the neighbourhood shall be worked out and exhausted before the expiration of this term, and the said lessee shall give notice to the said lessor six calendar months before the end of the year of the term in which such marketable coal shall be worked out, that the same has been or will be worked out, then at the end of that year on payment or tender of all the rents and royalties that may become payable up to the end of such year, the said term shall cease and determine, subject always to such claims as the said lessor may have in consequence of the breach of any of the covenants, provisoes, conditions, or agreements herein contained on the part of the lessee. Provided, lastly, that the heirs and assigns of the said John Wilson, and the executors, administrators, and assigns of the said James Jones, herein before called the lessor and the lessee,

Proviso for dispensing with the words" executo ad

m

all be bound by and entitled to the benefit of these

presents, and the covenants, conditions, provisoes and agreements herein contained, in like manner as if they had been respectively named therein next after the words "lessor" and "lessee," respectively throughout as far as the same will admit, and unless the context or the nature of the case may require a different construction.

Witnesseth that in consideration of the rents reserved by this lease, and of the covenants and conditions contained in this lease, and on the part of the lessees to be observed and performed, the said doth hereby so far as he lawfully can or may appoint and demise unto the said their exe

cutors, administrators, and assigns

The mines, beds, veins, and seams of coal, ironstone, fire-clay, and common clay mentioned and described in the first part of the schedule here under written. Together with the liberties, powers, and privileges to be exercised and enjoyed in connection with the said mines and premises which are mentioned and specified in the second part of the schedule. (Except and reserved out of this demise unto the said and other the person or persons, for the time being entitled to the mines and premises, hereby demised, in reversion expectant on this lease, the liberties, powers, and privileges mentioned and

сс

specified in the third part of the said schedule.) To hold the said mines and premises hereby demised unto the said their executors, admini

strators, and assigns from the the term of

day of

for

years thence next ensuing. Yielding and paying to the said or other the person or persons, for the time being entitled as aforesaid, the several rents and sums of money mentioned and specified in the fourth part of the said schedule, subject to the provisions relating to the said rents expressed in the fifth part of the said schedule. And the said do hereby for themselves, their heirs, executors, administrators, and assigns, and, as a separate covenant, each of them doth hereby for himself, his heirs, executors, administrators, and assigns covenant with the said and other

the person or persons, for the time being entitled to the premises, hereby demised in reversion expectant on this lease to the effect and in the manner expressed and set forth in the sixth part of the said schedule. And the said as to his own acts and deeds, and so as to bind, as far as he can or may, his successors in title, but without being answerable for the acts and defaults of such successors, doth hereby for himself, his heirs, executors, administrators, and assigns and successors in title, covenant with the said their executors, administrators, and assigns to the effect and in the manner expressed and set forth in the seventh part of the said schedule.

And it is hereby agreed and declared that this lease is subject to the conditions and provisions expressed and set forth in the eighth part of the said schedule, and that such conditions and provisions shall be observed and performed as well by the said or other the person or persons, for the time being entitled as aforesaid, as also by the said their executors, administrators, and

assigns, so far as the same ought to be observed and performed by, or otherwise affect them respectively. And it is hereby declared that the schedule here under written shall be deemed part of these presents, and be read and construed accordingly, and in construction of the said schedule, the expression, "the lessor" shall mean and include the said and

also the person or persons for the time being entitled to the premises hereby demised in reversion expectant on this lease. And the expression, "the lessees" shall mean and include the said

their executors, administrators, and assigns, except where the context may require a different construction. In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

The schedule referred to by the above written indenture:

PART I.

All the mines, beds, veins, and seams of coal, iron-stone, fire-clay, and common clay, as well opened as unopened, lying or being in or under all the lands situate in the parish of in the county of which lands are delineated on the map or plan drawn on the last skin of these presents, and are therein distinguished by a line of red colour drawn round the outer boundary thereof.

PART II.

Liberties, powers, and privileges to be exercised and enjoyed in connection with the above mines and premises.

1. Liberty and power to dig, sink, drive, make, repair, and use all such pits, shafts, drifts, levels, sumps, water-gates, water-courses, air-gates, and other works as may be necessary or proper for search

ing, for winning, working, and getting the mines and premises, hereby demised, and for ventilating and draining the same. The sites of such pits to be approved by the lessor.

2. Liberty and power to use and appropriate a sufficient part of the said lands adjoining such pits for depositing and heaping thereon the coals and other minerals, hereby authorised to be gotten from the said mines and premises, and all the earth, soil, and other substances dug up and brought to the surface in or about the working of the same.

3. Liberty and power to convert into coke the coal and to calcine the iron-stone, so to be gotten from the said mines and premises, and to manufacture the fire clay and common clay into bricks, whether for colliery purposes, or for sale, or otherwise.

4. Liberty and power to take, load, and carry away over the said lands, the coal, iron-stone, and fire-clay to be gotten from the said mines and premises, and the coke and bricks to be made and manufactured under the liberties and powers hereinbefore granted, and to dispose of the same at their own will and pleasure.

5. Liberty and power to erect, set up, make, and construct, and to take down and remove, and again to erect, set up, make, and construct in, upon, and over the said lands any houses for the residence of miners and workmen employed in and about the said mines and premises, sheds, engines, machinery furnaces, ovens, kilns, buildings, erections, railroads, and other roads, and works necessary or convenient for the effectual working of the mines and premises hereby demised, and the exercise of the several liberties and powers herein before granted. The sites to be approved by the lessor, and in case any difference of opinion should arise between the lessor and the lessees with regard to the plan of such houses for