Of Cement Works.

day of and the day of

trators and assigns, and unto their servants, workmen or any other persons on their behalf; and, as to the piece of land colored brown in the said map, either on foot or by means of carts or other vehicles, horses or other animals, full and free right and liberty of ingress, egress, regress, passage and way at all times over the said piece of land colored brown on the said plan from the point at which the said piece of land adjoins the wharf, and by all the other internal and external passages and ways by which the said rooms respectively are or can be now approached from the said street from the point aforesaid): TO HAVE AND TO HOLD all the said premises hereby demised, or expressed so to be, unto the said Y. Z., his executors, administrators and assigns, for the term of years from the day of next: YIELDING and paying in respect of the premises hereby demised every year during the said term of years the clear yearly rent of dollars, and yielding and paying every year during the said term a royalty of per bushel in respect of all cements which shall be made or manufactured and sold by the said Y. Z., his executors, administrators or assigns, or any person or persons on his or their behalf, either on the premises hereby demised or on any part thereof, or on any other premises or in any other place or places whatsoever, such rent and royalties to be paid by equal quarterly payments on the the day of the day of clear of all deductions, the first quarterly payment of the said rent and royalties respectively to be made on the day of next. AND THE SAID Y. Z. hereby, for himself, his heirs, executors administrators and assigns, covenants with the said A. B., his executors, administrators and assigns, that the said Y. Z., his executors, administrators and assigns, shall and will, during the said term, pay the said rent and royalties respectively on the said days of payment whereon the same respectively are hereinbefore made payable without any deduction, and also pay and discharge all present and future taxes, charges, rates and assessments upon the said premises hereby demised, or on the occupier or occupiers thereof in respect of the same, and will at all times keep indemnified the said A. B., his heirs, executors, administrators and assigns, from the payment thereof respectively; and further, that the said Y. Z., his executors, administrators and assigns, shall and will, at all times during the said term of years, carry on, within the said city of , the business of making or manufacturing cements and selling the same there and elsewhere to the best possible advantage; and shall and will at all times during the said term keep proper books of account on the said premises hereby demised, or on some part thereof, and shall from time to time make such entries therein as shall clearly show the quantity of cement which shall from time to time be manufactured and sold by him or them, or any person or persons on his or their behalf, and also the amount of royalties which shall from time to time become payable in respect thereof, and also all other matters which ought to be entered in such books in relation to the said business; and shall and will on the first day of every month during the said term, at his or their own expense, supply the said A. B., his executors, administrators and assigns, with a proper and faithful account, in writing, of all the cements which shall have been manufactured or sold as afore

Lease of Wharf and Machinery.

said during the then preceding month, together with all vouchers and such other evidence as may be required in order clearly to show the accuracy of such account; and shall and will, if and when required so to do by the said A. B., his executors, administrators or assigns, further evidence the accuracy of every such account by the oath or affirmation of the said Y. Z., his executors, administrators or assigns; and shall and will on every quarter-day during the said term during which the royalties hereby reserved are made payable by these presents, pay the full amount of the royalties which shall have become payable in respect of all the cements which shall have been manufactured or sold during the then preceding quarter of a year. And further, that in case the said rent and royalties hereby reserved, or any of them, or any part thereof respectively, shall at any time or times during the said term, fail to be paid at the times and in the manner herein before provided for this purpose, then (in addition to the powers of distress and entry which he or they may possess independently of any special clause to this effect) it shall be lawful for the said A. B., his executors, administrators or assigns, into or upon the said premises hereby demised, or expressed so to be, or any part thereof, or any other premises wherein or whereupon the said business may for the time being be carried on, to enter and distrain for the same rent and royalties so in arrear, and the distress or distresses there found to impound and detain, sell and dispose of in such manner as landlords are by law authorized to do in respect of arrears of rent reserved upon common demise, to the intent that the said A. B., his executors, administrators or assigns, may by such distress or distresses be from time to time satisfied, all such rent and royalties as may be so unpaid as aforesaid, and all costs and expenses occasioned by nonpayment or default in payment thereof.

IN WITNESS [etc., as in Form 1028].

1035. Lease by Tenants in Common, of Wharf, Machinery, etc., With Covenants by Lessee for Repairs, and Proviso for Determining the Term at the End of Fourteen, Twenty-eight or Forty-two Years by Lessee on His Giving Previous Notice.

lessor of other

lessee, of the

of one moiety of the premises, of the first part, C. D., of moiety of premises, of the second part, and Y. Z., of third part.

WHEREAS the said A. B. and C. D. are seized of and absolutely entitled to the messuage or dwelling-house, piece or parcel of ground, warehouses, offices, erections, wharf, fixtures, machinery and things hereinafter mentioned, and intended to be hereby demised, as tenants in common in equal shares: And whereas, the said A. B. and C. D. have agreed to grant to the said Y. Z. a lease of the said premises, upon the terms and in the manner hereinafter expressed: Now THIS INDENTURE WITNESSETH, that in consideration of the rent hereinafter reserved and of the covenants hereinafter contained, and on the part of the said Y. Z., his executors, administrators and

Of Wharf and Machinery.

assigns, to be observed and performed, they, the said A. B. and C. D. (ac-
cording to their respective moieties in the property intended to be hereby
demised), do, and each of them does, hereby grant and demise unto the
said Y. Z., his executors, administrators and assigns, all that messuage or
dwelling-house, etc., and also all that piece or parcel of ground, etc., with
the warehouses, offices or buildings, and other erections now standing and
being thereon; and also all that wharf adjoining thereto, now called and
known by the name of
Wharf, situate, lying and being in
in the county of
and bounded [here give boundaries], and now in
the occupation of
and all which said hereditaments and premises
are more particularly described or delineated in the map or plan drawn in
the margin of [or, annexed to] these presents. And also the use and en-
joyment of all the machinery, cranes, fixtures, implements, utensils and
things which now are in or upon the said premises, and the particulars
whereof are specified in the schedule hereto annexed: TO HAVE AND TO HOLD
the said premises herein before demised or expressed so to be, unto the said
Y. Z., his executors, administrators and assigns, from the

,

and the

day of 18 for the term of sixty years thenceforth, yielding and paying therefor yearly, and every year during the said term of sixty years, the rent of dollars, by equal half-yearly payments, on the day of day of And the said Y. Z. hereby for himself, his heirs, executors, administrators and assigns, covenants in manner following: That the said Y. Z., his executors, administrators and assigns, shall and will [insert covenant, to pay rent and taxes, as above], and also shall and will at all times, during the said term, at his and their own costs, as often as occasion shall require, well and sufficiently repair, support, maintain and keep in good and substantial repair and condition the messuage, wharf, machinery and premises hereby demised, or expressed so to be, and also all other the erections and buildings which shall at any time during the said term be erected and set up in or upon the said demised premises, and the same in such good and substantial repair and condition, shall and will, at the expiration or other sooner determination of the said term of sixty years, peaceably and quietly surrender and give up unto the said A. B. and C. D., their heirs and assigns, the reasonable use and wear thereof in the mean time only excepted. PROVIDED always, and it is hereby agreed and declared, that if the said Y. Z., his executors, administrators or assigns, shall be desirous of determining the said term of sixty years, at the expiration of the first fourteen, twenty-one or forty-two years of the said term, and of such his or their desire shall for that purpose deliver to the said A. B. and C. D., respectively, or their respective heirs or assigns, months' previous notice in writing,

and shall pay and discharge all arrears of rent, and perform all the covenants herein before contained, and on his and their part to be observed and performed, then and in such case, at the expiration of the said term of fourteen years, this present lease, and every thing herein contained shal absolutely cease and determine to all intents and purposes.

IN WITNESS [etc., as in Form 1028].

Mining Lease.

Covenants.

1036. Mining Lease.

[As in Form 1031 to the *, continuing thus:] do grant and convey to the said party of the second part, his heirs, executors, administrators and assigns, the right of entering in and upon the lands hereinafter described, for the purpose of searching for mineral and fossil substances, and of conducting mining and quarrying operations, to any extent he may deem advisable 18], (but not to hold possession of any part of said lands for any other purpose whatsoever), paying for the site of buildings [or, designate other works] necessary thereto, a reasonable rent. The said lands are situated [here insert description].

[for the term of years, from the day of

And the said party of the second part hereby agrees that he, his heirs, executors, administrators or assigns, will pay or cause to be paid to the said party of the first part, his heirs or assigns [here state payments], and also covenants that no damage shall be done to or upon said lands and premises, other than may be necessary in conducting said operations. And the said parties of the first and the second part, each for themselves, their heirs, executors, administrators and assigns, covenant and agree, and this indenture is made with this express proviso, that if no mineral or fossil substance be mined or quarried, as now contemplated by said parties, within the period of 18 then these presents, and every thing contained herein, shall cease, and be forever null and void. IN WITNESS [etc., as in Form 1028].

years, from the

day of

1037. Covenant Not to Assign, etc.

And also that he, the said party of the second part, himself, his executors, administrators or assigns, or any of them, shall not, nor will, at any time or times hereafter, during the term hereby granted, lease, let or demise all or any part of the said premises hereby demised, nor assign, transfer or make over the same, or this present lease, or any of his or their term or time therein to any person or persons whomsoever, without the consent of the said party of the first part, his heirs or assigns, in writing, under his or their seal, for that purpose first had and obtained, any thing herein before contained to the contrary thereof in any wise notwithstanding.

1038. Covenant to Renew.

It is further agreed, that at the expiration of the term [in the annexed lease mentioned], the said party of the first part hereby agrees to let and lease to the said party of the second part all the premises, machinery and appurtenances in said lease mentioned, for another term of years, at the same annual rent, and on the same conditions under which said party of the second part now holds.said premises under and by virtue of the present lease; provided said party of the second part shall, at least one year

Various Covenants.

before the termination of the present lease, notify the said party of the first part of his intention to hire said premises and appurtenances for such additional term.

1039. Covenant to Buy Fixtures at a Valuation.

And the said party of the first part hereby covenants and agrees to and with the said party of the second part, that at the expiration of the present lease, or of the renewed lease, if the same shall be accepted, he will purchase of the said party of the second part all the machinery that shall have been placed by him in or upon the said premises during the whole time he shall have occupied the same, allowing therefor to the said party of the second part the full valuation at which such machinery shall then be estimated, in the buildings, and not for purpose of removal. And in case the parties hereto shall not agree upon such valuation, then the same shall be made by three disinterested persons, one of whom is to be chosen by each of said parties, and the other to be selected by the two so chosen.

1040. The Same; Another Form.

That if said company shall put into said buildings steam-boiler pipes and apparatus for heating of said buildings by steam, and also shall put into that part of said buildings to be occupied by said company gas-pipes and fixtures for lighting the same, then at the termination of said lease said executors shall, on demand, pay to said company, for said gas-pipes and fixtures, the original cost thereof, without interest; and for said boiler, steampipes and apparatus the then value of the same, as such value shall be determined by three competent and disinterested appraisers, one chosen by said executors and one by said company, and the third by the two so chosen. In default of such payment for any of said property so to be paid for as aforesaid, said company may at its election remove the same, but without causing unnecessary damage to said buildings. Said value of the boiler, steam-pipes and apparatus shall be determined by their value in said buildings, and not their value when removed therefrom.

1041. Stipulation for Renewal by Indorsement.

And it is further agreed, that in case the said party of the second part shall, with the written consent of said party of the first part, indorsed hereon or on the duplicate hereof, at any time hold over the said premises beyond the period above specified as the termination of this lease, then said party of the second part shall hold said premises upon the same terms and under the same stipulations and agreements as are in this. instrument contained, and no holding over by said party of the second part shall operate to renew this lease without such written consent of said party of the first part.