COLLIERIES BY A DEAN AND CHAPTER. and that the lessors may enter and inspect the col distinguish the several numbers and quantities of tons of and that lessees will keep plans of workings; and permit view them; the lessors to and that lessee will keep waggons and COLLIERIES BY A DEAN AND CHAPTER. corves of a uni form size; —and that les sors may gauge the corves and waggons; -and stop over measure; times during the said term hereby granted, make and keep all the waggons and other carriages to be used on the aforesaid waggon-ways, and all the corves used for drawing coals at the pits of the said collieries, of one measure and uniform size, and shall not nor will at any time alter, or cause or permit to be altered, the size of such waggons and corves, without having first given three calendar months' notice in writing to the said Dean and Chapter, or their successors or assigns, of the intention to make such alteration: AND ALSO shall and will permit the said Dean and Chapter, and their successors and assigns, and their agents, viewers, or servants, from time to time and at all times during the said term hereby granted, to measure and gauge the said corves, waggons, and carriages, as often as he or they shall think proper, and if upon measuring the those carrying said corves, waggons, or other carriages, the same or any of them shall be found to carry over measure, then and in such case the said Dean and Chapter, or their successors or assigns, or their agents, viewers, or servants, shall and may stop and hinder the said corves or waggons and carriages so carrying over measure from drawing and carrying coals at or from the said collieries, and all and every the corves, waggons, and carriages so found to carry over measure shall be accounted to have carried such over measure for the space of three calendar months then next preceding, unless there shall have happened an admeasurement of the corves, waggons, or carriages as aforesaid within such three calendar months, and then and in such case from the time of such -and that les admeasurement: AND ALSO, that the said C. D., his exesees will render cutors, administrators, or assigns, shall and will, at the end of every month during the said term hereby granted, and within ten days after a request in that behalf shall have been made at the pit or pits, or at the office of the said collieries, by the said Dean and Chapter, or their successors or assigns, or their agent or agents, give or cause to be given unto the said Dean and Chapter, or their successors or assigns, or their agents, a true and perfect account in writing, (distinguishing as hereinbefore is mentioned), under the hand or hands of the overman or overmen, monthly accounts (if required) of the working of the collieries; COLLIERIES BY A DEAN and, upon request, shew the sentments and other particulars; bills of pre viewer or viewers, or under overman or overmen, staithman or staithmen, employed in or about the working or manage- AND CHApter. ment of the said collieries by the said C. D., his executors, administrators, or assigns, of the number of waggons and tons, or other quantities of coal, which from time to time shall have been wrought or gotten forth and out of the said collieries, and brought to bank at any shaft or shafts thereof, and which shall be led or sold from the said collieries during the month next before such request shall have been made, or from the time the last such account shall have been given as aforesaid: AND THAT the said C. D., his executors, administrators, or assigns, and his and their viewers and agents, shall and will at and after the end of every month of the said term, upon the request of the said Dean and Chapter, their successors or assigns, or their agent or agents, shew forth and produce, or cause to be shewn forth and produced, to the said Dean and Chapter, or their successors or assigns, or to their agent or agents, the several bills of presentments which shall have been kept or made and delivered to the said C. D., his executors, administrators, or assigns, or his or their agents, stewards, or viewers, by the overman and overmen, under overman and overmen, staithman or staithmen, or other servants or workmen of the said C. D., his executors, administrators, or assigns, of all such quantities of coals as shall within that time, or from the time of such last account, have been gotten and drawn to bank, together with the several particulars made, given, or taken to or by the overman or overmen or viewers respectively, concerning such the quantities of coals, during such time as last aforesaid, drawn to bank, and led, sold, or carried away from or out of the said collieries: AND ALSO, THAT the said C. D., his executors, administrators, and assigns, shall and will, at all times during the continuance of the term hereby granted, work, manage, and carry on the said seams of coal, coal mines, or collieries, according to the best and most improved method of working (d), and in such manner (d) Sometimes the covenant is, to work according to the best and and that lessee will work collieries in the most approved manner; COLLIERIES BY A DEAN AND CHAPTER. -and leave barriers of coal; -and do no act whereby the collieries may be injured; -and not sink shafts near the turnpike road or dwell ing-houses; -and that les see, if required, shall leave old shafts open with the furniture; as shall from time to time be satisfactory to and approved of by the colliery viewer or agent for the time being of the said Dean and Chapter, or their successors or assigns: AND SHALL and will at all times keep and leave a barrier or bulk of solid coal, not less than four yards in width, between each of the several seams herein before demised and each of the seams of any adjoining collieries: AND SHALL NOT and will not, at any time during the said term hereby granted, wilfully or negligently do or suffer any act or thing which may occasion, or tend to occasion, or endanger the drowning of the said collieries, or any loss of coal that could be wrought to profit, or which may occasion, or tend to occasion, or bring any thrust upon the same, or that may tend to hinder, stop, or obstruct any of the water-courses, passages, or drifts which shall be in or belonging to the said collieries: AND ALSO, THAT the said C. D., his executors, administrators, and assigns, or his or their workmen, shall not and will not, by any means whatsoever, do or occasion any injury or damage to, or sink any pit or shaft within the distance of one hundred and fifty yards of the turnpike road leading through the township of aforesaid, from the city of to————, in the said county of, or within the like distance of any dwelling-house, building, fold, or farm-yard, now erected, or being or hereafter to be erected, upon any of the said lands and grounds at or within the township of aforesaid (e): AND THAT the said C. D., his executors, administrators, and assigns, shall and will, from time to time during the said term, as and when he or they shall leave off working or drawing coals to bank at any pit or shaft, (if thereunto required by the said Dean and Chapter, or their successors or assigns, or their agent or colliery viewer), leave such pit or shaft open, together with the deals and timber thereunto affixed or belonging, for the use and benefit of the said Dean 66 most improved method in a particular district, as on the river -," or "in the county of (e) See on the construction of clauses of this kind, ante, Vol. 3, p. 405, n. (f). COLLIERIES BY A DEAN AND CHAPTER. and shall, at the determinterm, yield up the collieries dition; ation of the in good con and Chapter, or their successors or assigns: AND ALSO, THAT the said C. D., his executors, administrators, or assigns, shall and will, at the expiration or other sooner determination of the said term hereby granted, yield and deliver up to the said Dean and Chapter, their successors or assigns, the quiet and peaceable possession of all and singular the said collieries and other the premises hereinbefore demised, together with the several working pits, air-courses, and water-courses, well and sufficiently walled, timbered, and free, open, and upstanding, and in working condition, unless prevented by unavoidable creeps, thrusts, or other accidents; and also the rollers and tram-ways of and belonging to the said collieries, and then used or employed therewith, or which, within the space of four calendar months next before the expiration or other sooner determination of the said term, shall have been used or employed therewith, the malleable and cast iron thereon excepted, and also all the workmen's houses and other buildings in tenantable repair and condition, and also such a quantity of unwrought accessible coal in the pits then being worked, as will be sufficient to serve the usual vend of the said collieries for the space of eighteen months, provided that such a quantity of accessible coal be then remaining in the said collieries: AND ALSO, THAT the said C. D., his executors, administrators, and assigns, shall and will within six calendar months after the expiration or other sooner determination of the said term (if thereunto required by the said Dean and Chapter, their successors or assigns, or their agent or colliery viewer, and so far as the same shall be practicable) fill up all such pits as shall have ceased to be worked, and shall not have been required by the said Dean and Chapter, their successors or assigns, or their agent or colliery viewer, to be kept open as aforesaid, and make level and fit for ploughing all such parts of the said lands and grounds as in the exercise of the powers, liberties, and authorities aforesaid, or any of them, shall have been rendered unfit for ploughing: AND ALSO, THAT the said C. D., his executors, administrators, and assigns, shall and will, at the end or other sooner determination of the said term as not to imhereby granted, cause all such coals as shall have been pede the works; brought to bank, and shall be then unled, to be so placed, —and, if required, fill up old shafts, and leave spoiled ploughing; land fit for and place coal, unled at end of term, so |