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Copy Counterpart Lease
PA2473/5/2/17
17 Jul 1916
item
Coventry Archives & Research Centre
Whereby William Henry Tabberer (of "Queenswood", Keresley, Warwickshire [,textile] manufacturer) lets to the Warwickshire Coal Co. Ltd. (whose registered office is at 19, Priory Row, Coventry, Warwickshire) coal seams and iron ore underneath 22a. 2r. 27p. in Keresley, with liberty to construct means for carrying the materials away, to tunnel, to withdraw support from land coloured green on a plan [not reproduced] and to connect such workings with others of theirs without paying for that, but reserving other minerals to William Henry Tabberer: to be held from 25 Mar 1916 for 99 years, paying £15 per acre of coal 1 foot thick every 31 Oct, 4d. per 2240 pounds of ironstone or ore and fireclay similarly; minimum £20 annual rent if winnings less than that amount, payable every 30 Jun and 31 Dec; the Warwickshire Coal Co. Ltd. will not be liable to make up the difference when a late year's abundance would compensate for an earlier one's dearth; the calculations will not take account of unworkable or unsaleable coal: when rent has fallen 42 days behindhand, William H. Tabberer may distrain; the Warwickshire Coal Co. will pay all imposts except landlord's property or income tax, and will work in a proper manner but not have to attempt an uneconomic seam; if royalties be paid on coal before it is gotten, the company need not pay further sums: the company may abandon this lease from 25 Mar 1918 or at the expiry of any successive triennium upon giving W.H. Tabberer twelve calendar month's notice; it must not endanger buildings or crops; it must compensate for subsidence at a rate agreed by arbitration if it cannot restore the land; it will keep and efficiently superintend weighing machines, will record ironstone and fireclay weights, will permit W. Tabberer to inspect the books and observe measuring of coal and weighing of ironstone and fireclay, will permit him to measure and weigh, will within 42 days of every 1 Jan from 1917 deliver accounts (with a plan of the area whence minerals shall have been extracted if he requires it) and will notify him of a seam within six months of its discovery: Tabberer and his agents may inspect the mines, giving notice of improper working; if the company then demur, it should deliver its opinion within 28 days of having received an adverse report from Tabberer, with differences submitted to arbitration: the company may only sublet to person(s) or a company with capital of not less than £50,000; it may convert to its own use during the final twelvemonth any rails, but may continue to use such (upon paying £3 per annum or £20 a year if still removing coal) after the term ends in order to get minerals away from beneath neighbouring owners' property and then lift the rails: if rents become 42 days in arrears or there be breach of covenant, the company commit waste or it become financially embarrassed, the lessor may re-enter; disputes shall bhe referred to arbitrators chosen by each side or by that pair to an arbitator.
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