COLLIERIES BY A DEAN AND CHAPTER. --and place gates on the old shafts ; until the same shall be led away and disposed of as hereinafter is mentioned, as that the said Dean and Chapter, and their successors or assigns, may have sufficient heap room, and may be impeded as little as possible in the carrying on of the said collieries: AND ALSO, THAT the said C. D., his waggon-ways; executors, administrators, and assigns, shall and will, at all times during the said term hereby granted, at his and their own proper costs and charges, set up, maintain, uphold, and keep a sufficient number of gates in and upon the waggon-way or ways leading to and from the said collieries, and keep the said gates shut so as to prevent the ingress -and fence off or egress of cattle: AND SHALL and will during the said term, when and as often as the said C. D., his executors, administrators, or assigns, shall cease to work at any of the said pits or shafts, erect, and at all times during the said term maintain, and at the end or other sooner determination thereof leave a sufficient rail or fence round such pits or shafts as the said Dean and Chapter, and their successors or assigns, or their agent or colliery viewer, shall require to be left open: AND ALSO shall and will, from time to time during the said term, make unto the respective tenant or tenants, occupier or occupiers, of the several beforementioned lands and grounds belonging to the said Dean and Chapter, reasonable compensation for damage or spoil of ground to be done or occasioned by or in the working of the said coal mines or collieries, or in the exercise of the powers, liberties, and authorities hereinbefore granted, or any of them: AND ALSO, THAT the said C. D., his executors, administrators, and assigns, shall and will, at his and their own charges, draw to bank at some of the pits of the said collieries, all the manure, compost, and dung, to be made and produced by the horses to be employed under ground in the said collieries: AND SHALL and will permit as well the same manure, compost, and dung, as used by tenants also all the manure, compost, and dung to be made and produced on the waggon-ways and other the premises. hereby demised, to be removed and made use of by the tenants or occupiers of the said lands and grounds of and belonging to the said Dean and Chapter as their own property, and without any payment for the same, provided -and make compensation for damage to tenants; -and draw under ground manure to bank; --and permit that and other manure to be of lessor. COLLIERIES BY A DEAN AND CHAPTER. the lessors for that the said manure, compost, and dung, to be so drawn to bank as aforesaid, shall not be required for the due manureance of the lands and grounds which the said C. D., his executors, administrators, and assigns, shall for the time being hold under the said Dean and Chapter or their successors or assigns: AND THE SAID DEAN AND CHAPTER Covenants by do hereby for themselves, their successors, and assigns, quiet enjoycovenant with the said C. D., his executors, administrators, ment; and assigns, in manner following: (that is to say), that it shall be lawful for the said C. D., his executors, administrators, and assigns, (he and they paying the several rents hereby reserved at the times and in manner aforesaid, and observing and performing the several covenants, conditions, and agreements herein contained, and on his and their parts to be observed and performed), at all times during the said term of twenty-one years hereby granted, peaceably and quietly to have, hold, use, occupy, possess, and enjoy, all and every the said collieries, coal mines, seams of coal, liberties, powers, privileges, and authorities, and all and singular other the premises hereinbefore demised, or expressed and intended so to be, without the let, suit, trouble, interruption, eviction, or disturbance of, from, or by the said Dean and Chapter, their successors or assigns, or any other person or persons whomsoever lawfully or equitably claiming, or to claim, by, from, under, or in trust for them, or any of them: AND FURTHER, THAT (so far as the said Dean and Chapter have power so to grant or permit) it shall be lawful for the said C. D., his executors, administrators, and assigns, at any time or times within the space of six calendar months next after the expiration or other sooner determination of the said term hereby granted, to have, take, lead, and carry away and enjoy to his and their own use, all such coals as shall, at the expiration or other sooner determination of the said term, be ready wrought and laid above bank, at all or any of the pits or shafts of or belonging to the said collieries, he or they having first paid and discharged the several rents and sums of money herein before reserved, and having observed and performed all and singular the covenants and agreements hereinbefore contained, and on his and their parts to be observed and performed: -and that lessees, after ex piration of term, may carry away coals then brought to bank; COLLIERIES BY A DEAN AND CHAPTER. --and repair AND ALSO, at any time or times within the space last aforesaid, to repair and amend the aforesaid waggon-way or ways as often as occasion shall require, and to remove and take away for his and their own use, all such houses and hovels as shall be built with deals or timber, and covered with deals, and all and every the steam-engines, and the machinery and utensils thereunto belonging, and all other engines, gins, mills, rollers, staiths, trunks, iron, timber, wood, ropes, and other materials, and all the rails and sleepers on any waggon-way or waggon-ways, or other ways which shall by the said C. D., his executors, administrators, or assigns, at any time or times during the said term hereby granted, be made, erected, built, laid, placed, fixed, or used in and upon any of the several lands or grounds aforesaid, (save and except the stone and brick work of or belonging to the steam and other engines and premises), and the brattishes or stoppings of timber, deals, bricks, or stones, air-tubes and air furnaces, fixed and placed for the purpose of conveying air for the proper and necessary ventilation of the mines, he the said C. D., his executors, administrators, and assigns, having first paid the several rents hereinbefore reserved, and having first observed and performed all the covenants, conditions, and agreements hereinbefore contained, and on his and their part to be observed and performed, and also making reasonable compensation for damage and spoil of ground to be occasioned thereby (f): PROVIDED ALWAYS, and it is ceeding tenant, hereby agreed and declared between and by the said parties shall have the to these presents, that, if the said Dean and Chapter, or option of purchasing fixtures their successors or assigns, or their next succeeding tenant and machinery. or lessee, shall be desirous of purchasing the said houses, Proviso that lessor, or suc hovels, steam-engines and other engines, machinery, utensils, gins, mills, rollers, staiths, trunks, iron, timber, wood, ropes, and other materials, rails, sleepers, and premises, or any of them, and of such their desire shall leave a notice in writing for the said C. D., his executors, administrators, or assigns, at the office or place then made use of for trans (f) With respect to the general power to remove machinery and other fixtures, see supra, p. 85, n. (a). acting the business of the said collieries, at any time before six calendar months next before the expiration or other sooner determination of the said term hereby granted, then and in such case the said premises lastly hereinbefore mentioned, or such of them as the said Dean and Chapter, and their successors or assigns, or their next succeeding tenant or lessee, shall be desirous of purchasing, shall not be removed or taken away, but shall, at or upon the expiration or other sooner determination of the said term, be paid or allowed for by the said Dean and Chapter, their successors or assigns, or their next succeeding tenant or lessee, and shall thenceforth (subject nevertheless to the aforesaid right and liberty to the said C. D., his executors, administrators, and assigns, of using the said waggon-way or ways, or other ways for leading away the coals remaining at the pits of the said collieries at the expiration or other sooner determination of the said term) belong to the said Dean and Chapter, their successors or assigns, or their, next succeeding tenant or lessee, (as the case may be), as their or his own property and effects: PROVIDED ALSO, and it is hereby agreed and declared between and by the said parties to these presents, that if the said C. D., his executors, administrators, or assigns, shall be desirous of determining the said term of twenty-one years hereby granted, at the end of the third year, or of any subsequent third year thereof, and of such his or their desire shall give to the said Dean and Chapter, or their successors or assigns, or their agent or steward, not less than twelve calendar months' notice in writing previous to the end of any such third year thereof, and if the said C. D., his executors, administrators, or assigns, shall, at or before the expiration of such third year, pay and discharge the several rents herein before reserved, and which shall then have become payable, and perform and fulfil the several covenants, conditions, and agreements hereinbefore contained, and on his or their parts to be performed and fulfilled, up to that time, then and in such case at the end of such third year the said term hereby granted COLLIERIES BY A DEAN AND CHAPTER. Power for the tice, to deterlessee, by nomine the term, at the end of any third year thereof. shall cease and determine (g): AND THEY THE SAID Dean Mutual cove (g) On the construction of clauses of this kind, see supra, p. 133, n. (g). COLLIERIES BY A DEAN AND CHAPTER. nants for sub mitting matters in dispute to arbitration. and Chapter (so far as they lawfully may, and so far as relates to the acts and deeds of themselves, their successors and assigns, and of their next succeeding tenant or lessee, or his representatives) do hereby, for themselves and their successors, covenant with the said C. D., his executors, administrators, and assigns, and he the said C. D. (so far as relates to the acts and deeds of himself, his executors, administrators, and assigns) doth hereby, for himself, his heirs, executors, and administrators, covenant with the said Dean and Chapter, their successors and assigns, in manner following: (that is to say,) THAT if any doubt, difference, or dispute, shall at any time or times hereafter arise between the said Dean and Chapter, their successors or assigns, (including their farmers and tenants), or their next succeeding tenant or lessee, or his representatives, and the said C. D., his executors, administrators, or assigns, or between any of them, touching the matters in respect of which compensation ought to be made in pursuance of these presents, or touching the amount of such compensation, or the price to be paid in respect of any of the things which may be about to be purchased in pursuance of these presents, or touching the manner in which the said collieries, powers, liberties, and authorities, or any of them, ought to be worked, managed, exercised, or used, or touching the construction of these presents, or any other matter or thing whatsoever arising out of these presents, or having relation to the premises, then and in such case, and so often as the same shall happen, such doubt, difference, or dispute shall be reduced into writing, and be submitted and referred to the arbitration of three indifferent persons, one to be from time to time chosen by each of the parties so doubting, differing, or disputing, within one calendar month after either of them shall have made to the other a requisition to that effect, and the third to be named by the two persons from time to time first chosen, within one calendar month after they shall have been themselves chosen: AND FURTHER, THAT if either of the parties so doubting, differing, or disputing as aforesaid, shall, by any mission and for writing under his or their hand or hands, require the other bitrator to act. of the said parties to submit and refer the same to arbitra -and provision for default in the making of such sub default of ar |