COLLIERIES BY A DEAN of the yearly and other rents and sums of money hereinafter reserved, and of the covenants, conditions, and agree- AND CHAPTER. ments hereinafter contained, and on the part of the said With powers to make pits, drifts, &c.; C. D., his executors, administrators, or assigns, to be observed and performed, they the said Dean and Chapter Demise. have demised, leased, and to farm letten, and by these presents, for them and their successors, do demise, lease, and to farm let, unto the said C. D., his executors, administrators, and assigns, ALL AND EVERY the coal mines, Parcels. collieries, and seams of coal, as well opened as not opened, lying and being within and under, and which can, shall, or may be sought for, won, wrought, obtained, or gotten, within, forth, or out of all and every or any of the lands, (whether common, waste, inclosed, or otherwise), of and belonging to them the said Dean and Chapter, situate, lying, and being in or within the township of, in the county of TOGETHER WITH full and free liberty, power and authority, to and for the said C. D., his executors, administrators, and assigns, to dig, sink, rid, win, work, and make pits, shafts, trenches, and grooves, and to drive drifts, and to make air-courses, water-gates, and water-courses, as well for the winning, working, and obtaining of coals, forth and out of the said coal mines or collieries, and all and every or any of the seams of coal therein, or thereto belonging, as for the avoiding and carrying away of water, or foul air or styth, from, forth, or out of the said collieries, or for the conveying of air into the same: AND ALSO to take and use sufficient and convenient heap-room, ground-room, and pit-room, for laying and placing all such coals, stones, gravel, and earth, as shall from time to time be gotten or wrought forth and out of the same collieries, TOGETHER WITH full and and with sufficient way-leave and passage to and for the said C. D., his executors, administrators, and assigns, and his and their agents, servants, and workmen, from time to time and at all times during the term hereby granted, to take, lead, and carry away with carts, waggons, or any other carriages, the coals and cinders to be won, wrought, gotten, and burnt in, forth, out of, and at the said collieries, in, through, over, and along all and every or any of the said -and take heap-room and pit-room; sufficient way COLLIERIES BY A DEAN AND CHAPTER. --and power ways; -room to erect engines and buildings; lands of and belonging to the said Dean and Chapter, within the township of aforesaid, or any of them, or any part thereof, (the same not being a garden, plantation, or pleasure ground), to or towards such staith or staiths, or other place or places as he the said C. D., his executors, administrators, or assigns, shall think expedient (a): AND to lay waggon- WITH full and free liberty, power and authority, in and upon the same lands, or any of them, or any part thereof, (not being a garden, plantation, or pleasure ground), to erect and make, lay and place one or more waggon-way or waggon-ways, byeways, sideways, roads, branches, bridges, mounds, batteries, or cuts, or other coal-way or coal-ways, or ways for waggons, and other carriages, loaden or not loaden, to pass and repass over and along the same, and from time to time to amend and repair the said waggonways, and other works and erections, or any of them, when and as often as occasion shall require: TOGETHER ALSO WITH full and free liberty and authority upon the same lands to erect and build engines, engine-houses, machines, store-houses, cottages, sheds, and all other necessary erections and buildings for drawing or raising of coals or water, and for the standing of horses, and laying and placing of coals, cinders, and materials to be used and employed in or about the said collieries, and for the residence of the workmen and others to be employed in or about the same collieries, and for all other necessary or usual colliery purposes, so always as that as little damage be done as reasonably may be to the same lands: AND ALSO WITH full and free liberty and license to dig and get clay, and to make bricks and tiles in and upon the same lands, or any of them, (not being a garden, plantation, or pleasure ground), for the use of the said collieries, or the works connected therewith, but not for sale, and also to dig and get, in the most convenient place or places in the same lands, (not being a garden, plantation, or pleasure ground), earth, stones, and rubbish for the use of the said collieries, or the works connected therewith, but not for -and power (a) See infra, Precedent XII, n. (a). sale: AND ALSO WITH full and free liberty, power, and authority, to do any act or thing whatsoever which shall or may be necessary or convenient to be done for, in, or about the winning, working, obtaining, or getting of coals, in, forth, and out of the said collieries, or the leading, carrying, or conveying of coals or cinders from the same, or for leading or conveying of timber, stones, bricks, lime, iron, or other materials to or from the same: So ALWAYS, NEVERTHELESS, that none of the said waggon-way, or waggon-ways, or roads, with the byeways and sideways thereof, (the gutters included), shall or do exceed fifteen yards in breadth in any part thereof, except in such places where mounds, batteries, cuts, or bridges are necessary: EXCEPT AND ALWAYS RESERVED (b) out of these presents, and the demise intended to be hereby made, unto and for the said Dean and Chapter, and their successors and assigns, full and free right, power, and liberty to have and use, and to demise and grant to any other person or persons whomsoever, any way-leave or passage to or from or for the use of any other collieries whatsoever, in, through, over, and along all and every or any of the lands aforesaid, with liberty to make, lay, and place, and use any other waggon-ways, sideways, and other ways, and also with liberty to place the same across, and therewith to intersect any waggon-ways or other ways made or laid by the said C. D., his executors, administrators, or assigns, and to pass and repass in, through, upon, over, and along such waggon-ways or other ways, in, through, upon, over, and along such crossings, with horses, cattle, waggons, and other carriages whatsoever, loaden and unloaden, but so as the same do not prejudice or damage the waggon-ways or other ways which shall be made or laid by the said C. D., his executors, administrators, or assigns, otherwise than by crossing or intersecting the same, and so as in such crossings thereof as little hinderance or interruption as reasonably may be, shall be given to the said C. D., his executors, administrators, or assigns, and his and their (b) As to the nature of and difference between exceptions and reservations, see supra, p. 44, n. (a). COLLIERIES BY A DEAN AND CHAPTER. and with power to do all acts; other necessary -but with a limitation as to the width of the ways. Excepting to the lessors, the power of mak ing and granting ways to cross the de mised ways; COLLIERIES BY A DEAN AND CHAPTER. -and to cross and use for farming purposes the ways to be laid by the lessee; -and to use and grant per mission to use such ways for other collieries; agents, servants, or workmen, and so as the place or places of such crossing or intersecting be made and repaired and kept in good repair by and at the expense of the person or persons using the same respectively: AND ALso except AND RESERVED out of these presents, and the demise intended to be hereby made unto and for the said Dean and Chapter, and their successors, tenants, and assigns, and the servants and workmen of the said Dean and Chapter, their successors, tenants, and assigns, full and free liberty, license, power, and authority, at all convenient times during the continuance of the term hereby granted, for the use, benefit, and improvement of their farms, lands, and grounds in the said township of aforesaid, with horses, cattle, and other animals, waggons and other carriages, loaden or unloaden, (being employed for the use of the same respective farms, lands, and grounds, to pass and repass across the waggon-way or ways hereby demised, at their will and pleasure, and also to pass and repass along the same way or ways with carriages having wheels of the same construction as the carriages then used on the same way or ways, on paying a fair compensation for the same, so as in doing thereof they do not obstruct or hinder the waggons passing along the same, and do as little damage as may be to the aforesaid waggon-way or ways in crossing the same: AND ALSO, EXCEPT AND RESERVED out of these presents, and the demise intended to be hereby made unto and for the said Dean and Chapter, and their successors and assigns, full and free liberty, power, and authority to use, and pass and repass, and to grant or demise to any other person or persons liberty, power, and authority to use, and pass and repass, by, over, and along all and every or any of the said waggon-ways, and other ways now made, laid, or used, or by virtue of these presents to be made, laid, or used by the said C. D., his executors, administrators, or assigns, with horses, waggons, and other carriages, loaden and unloaden, for the leading, carrying, or conveying of coals, cinders, wood, stone, iron, and other materials, to and from or for the use of any other collieries, such waggons and carriages having wheels of the same construction as the waggons or carriages then used on the COLLIERIES BY A DEAN AND CHAPTer. with the privilege of using gines and ma the lessee's en Excepting the strangers from using the demised ways. power to stop same way or ways: AND FOR THE exercise and enjoyment of all or any of such reserved leadings, carriage or conveyance, and for such other excepted purposes as aforesaid, to have the use of and to employ all or any of the engines, machines, inclined planes, machinery, ropes, and rollers, now erected, made, or placed by the said C. D., his execu- chinery. tors, administrators, or assigns, in or upon the said waggon ways or other ways hereby demised, or any part thereof, or to be connected with or attached or applied to the same way and other ways, or any part thereof, but so as the said Dean and Chapter, and their successors, tenants, or assigns, or other persons aforesaid, shall make a fair compensation to the said C. D., his executors, administrators, or assigns, for the exercise of the liberty and privilege lastly hereinbefore excepted and reserved: AND ALSO, EXCEPT AND RESERVED unto the said Dean and Chapter, and their successors and assigns, full power and authority to stop and hinder every other person from going or passing along or using the said waggon way or ways or other ways hereby demised, or any of them, without their license, and to take and impound all carts, waggons, and other carriages which they shall find going along or using the same way or ways, and the coals or other materials (if any) therein, other than and excepting such persons' carts, waggons, and other carriages as are hereby empowered to use and pass along the same: TO HAVE AND TO HOLD the said Habendum. coal mines, collieries, seams of coal, way-leave, liberties, powers, and privileges, and all and singular other the premises herein before demised, or expressed and intended so to be, unto the said C. D., his executors, administrators, and assigns, from the for the term of twenty-one years thenceforth next ensuing, and fully to be complete and ended: YIELDING AND PAYING therefore, yearly and every year during the first fourteen years of the said term, unto the said Dean and Chapter, and their successors or assigns, within the precincts of the said Cathedral Church of at their new exchequer, over or near the east gate there, the yearly rent or sum of £100 for the yearly number or quantity of one hundred and fifty tons of coals: AND ALSO YIELDING AND PAYING, yearly and similarly VOL. IV. day of L Reddendum of a gross rent for a certain num ber of tons for part of the term; |