said lumber. Then there shall be paid to the second parties all advances heretofore made, or that shall be made by the second parties, with ten per cent. interest from the time the same were made respectively to the time of settlement. Then there shall be paid to the first parties dollars per thousand on onehalf of said lumber, with the addition to or deduction from the sum provided for above in case of variation from of the three upper qualities. Then there shall be paid to the second parties the sumy, dollars per thousand feet on one-half of the lumber saw for saw bill, and the balance of the proceeds, if any, shall be divided equally between the parties, share and share alike: provided, that if there shall not be enough of the proceeds to make the payments above specified, then the deficiency shall come out of the payment for one-half of the logs and payment for saw bill in proportion to the sum above mentioned.

In witness whereof, the parties have hereunto set their hands the day and year first above written.

1. Hersey v. Huron Salt & Lumber Mfg. Co., 27 Mich. 489.

5903. Contract to manufacture brick.

This agreement made and entered into this 19—, by and between

of state of

day of
of the first

state of
of the second part, wit-

That the first party for the consideration herein stated, agrees with the second party that the first party will, within six months from the date hereof, at his own expense and of a good and sufficient material make or cause to be made in the county of

thousand brick well and agrees to de

state of, for the second party, burned and of the following dimensions: liver the same at the expense of the first party from time to time and in such quantities at of the second party as the same shall be demanded, or as the same shall be needed for building purposes at said places.

In consideration of the promises and agreement of the first party herein set forth the second party promises and agrees with the first party that he will provide the places and the earth where and out of which said brick shall be made by said first

party, and to pay the first party dollars per thousand for said brick made and delivered as aforesaid, said payment to be made in instalments as follows:, after the brick have been inspected and accepted by the first party as having been made in compliance with this agreement or by some one by him duly authorized so to do.

In witness whereof, etc.

MINING AND MINERAL CONTRACTS.

5905. Agreement to mine oil and gas on specified payments and

of

of

a royalty.

This indenture, made the

of, county of

day of, 19—, between

state of

-, grantor, and -, grantee, witnesseth, that the grantor, in consideration dollars, the receipt of the same being hereby acknowledged, does grant and convey unto the said grantee, all the oil and gas in and under the following described tract of land, situate in county of, state of, bounded and described as follows (here insert description of premises), containing acres, more or less, being the same premises conveyed to grantor by deed, recorded in bookpage of the records of said county, together with the exclusive right unto the grantee to operate and drill for oil and gas, to lay and maintain pipe lines, to erect and maintain telephone and telegraph lines and buildings convenient for operating the premises hereunder, and the right to use water and gas from said lands in operating same, and right of way over same for any purpose, and the right of ingress, egress and regress for such purposes, and of removing either during or at any time after the term hereof, any property or improvements placed or erected in or upon said land by said grantor. So far as possible said ingress and egress shall be over one route, and such use shall interfere with the cultivation of said land in the least possible degree, and hence all pipe lines shall be laid below plow depth.

part of all the oil pro

To have and to hold the interest hereby conveyed unto said grantee, for the term of years from the date hereof, and as much longer as oil or gas is produced in paying quantities. Yielding and granting to the grantor the duced and saved from the premises, delivered free of expense into tank or pipe lines to grantor's credit. a well on said premises within or pay to the grantor

Grantee agrees to complete

months from date hereof dollars each three months thereafter

in advance until said well is completed or this grant surrendered,

which grantor hereby agrees to accept. The drilling of such well, productive or otherwise, shall be full consideration to the grantor for grant hereby made to grantee with the exclusive right to drill one or more additional wells on the premises without payment of additional rental.

The above rental, if paid to grantor, in person or by check made payable to and deposited in postoffice directed to at -, or deposited to the credit of grantor in the bank of

on or before the expiration of any quarter, will extend the period for the completion of said well three months.

Should a well be found producing gas only, then the grantor shall be paid for each such gas well dollars a quarter, of each quarter in which the gas is sold therefrom.

Grantor may fully use and enjoy said premises for the purpose of tillage, except such parts as may be used by grantee for the purposes aforesaid. Grantee is not to put down any well on the lands granted within of the buildings now on the said premises, without the grantor's written consent.

Grantee may save and use casing head gas from wells producing oil from the within premises in operating and developing wells on these premises and other premises owned by grantee, and if sold grantee agrees to pay to grantor of the proceeds from the sale thereof.

Grantor is to have the right to use gas for domestic purposes for one dwelling-house, so long as the wells produce sufficient gas to operate the premises hereunder. The necessary connections to be made by and at the grantor's expense and at such place as he may designate.

The gas is to be used by grantor at own risk and by and with such economical appliances as may be used in localities where gas is measured. This right in grantor is to be subject to the right of grantee to use all means and appliances on or off these premises to secure and facilitate the production of oil or gas.

Grantor hereby covenants and agrees that he is the lawful owner of the premises hereby conveyed and has the right to convey the same, and does hereby guarantee the title thereto unto grantee.

40-CONTRACTS, VOL. 6.

Grantor grants to grantee the exclusive right to surrender this grant at any time prior to the expiration of any rental paying period, in consideration of the money paid by grantee to the end of that period, by executing a release or deed of surrender, and recording same in the county wherein the land is situated, and shall thereafter be released and discharged from all obligations, covenants and conditions herein contained. Whereupon this grant shall be null and void. All conditions, terms and limitations between the parties hereto shall extend to their heirs, successors, legal representatives and assigns.

In witness, etc.

1. Lease by guardian, see ante, vol. 5, § 4543.

2. Lease of school house lot, see ante, vol. 1, § 610.

3. Modification of lease by parol, see ante, vol. 3, § 1862.

5906. Agreement to mine oil or gas on payment without royalty. This agreement, made this

county of

day of
-, 19—, between
of , second party, wit-

and state of

of —, first party, and nesseth, said first party, in consideration of the sum of dollars, the receipt whereof is hereby acknowledged, hereby leases to the said second party the following described piece of land, situated in bounded and described as follows (here insert description), containing acres, more or less, for the purpose of boring, mining and operating for oil and gas on said land for a term of does hereby grant and convey unto said second party all the oil and gas which may be mined in and under said lands during said term.

years, and

Said second party shall have the exclusive right to mine for oil and gas on said land, during the continuance of said term; and shall have the privilege of taking coal and wood necessary for conducting said boring and mining operations thereon, timber for derricks, frames and refineries, and the right to erect all necessary buildings on said premises for carrying on the business of boring for oil, mining, refining and storing away the same; shall have the right, in case gas is found, to lay mains and pipes, on and over the same for the purpose of removal; shall have necessary road to and from any well or wells that may be bored; and shall