OF A COL LIERY. Reservation of a right for the lessor, his servants and tenants, to use the lessee's waggon-ways for farming purposes. and also to use the present, and make and build such new and other houses, hovels, and lodges, upon any such parts of the lands and grounds under which the said coal mine or seams of coal is or are situate, as he the said C. D., his executors, administrators, or assigns, shall think most convenient for the workmen to be employed in carrying on the said colliery, together also with all such other liberties and powers for winning, working, and carrying on the said colliery, as are usual in colliery leases in the counties of and -: EXCEPT AND ALWAYS RESERVED (a) unto the said A. B., his heirs and assigns, and to his and their servants, and the tenants for the time being of the lands and grounds upon, over, and along which way-leave is hereby granted, and to the tenants and occupiers of the lands and grounds under which the said coal mine or seams of coal is or are situate, and over which way-leave is hereby granted, liberty and passage over and along the waggon-ways and other ways hereby granted, with workmen, horses, cattle, and other animals, and with waggons with waggon wheels only, and drawn by one horse only, for the purpose of leading dung, manure, or compost, and for all other purposes of husbandry, doing as little damage as may be to such waggon-ways, and without being liable to pay any Habendum for compensation for the use of such waggon-ways: To HAVE AND TO HOLD the said colliery, coal mine, and seams of coal, buildings, engines, way-leave, liberties, privileges, powers, and authorities, 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, for the term of twenty-one years, to be computed from the day of now last past, and thence fully to be complete and ended: YIELDING AND PAYING yearly rent, for therefore, unto the said A. B., his heirs and assigns, yearly and every year during the continuance of the said term of twenty-one years, the certain rent or sum of £ a term. Reddendum of a certain a certain number of tons, whether wrought or not; for eighteen hundred tons of coals (namely, for nine hun dred tons of the and seams of coal, for (a) As to exceptions and reservations, and the distinction between them, see supra, p. 44, n. (a). tons of the and seam of coal, and for tons of the seams of coal) vended by sea sale or otherwise, (other than small and refuse coal), whether such number of tons of coals of the different seams, and in the proportions aforesaid, shall be yearly wrought or not, during each year of the said term of twenty-one years, the said certain yearly rent or sum of £ to be payable and paid on the and the day of day of in every year, by equal portions, and the first payment thereof to be made on the and OF A COL- and an ad ditional rent for any further number of tons wrought out of certain seams; certain other seams; -and of an additional rent day of now next ensuing: AND ALSO YIELDING AND PAYING unto the said A. B., his heirs and assigns, over and above the said certain yearly rent of £ -, the further rent or sum of £ for every ton of coals produced by and wrought out of the said seams of coal, (other than small or refuse coal), which shall be wrought and gotten out of the said colliery, and disposed of for sea sale, or otherwise, over and above the said quantity of tons of the said and seams of coal, being part of the said tons, for which the said certain yearly rent of £— is hereby reserved: AND ALSO YIELDING AND PAYING, and so, for [similar reservation of tonnage rents for coals wrought out of the different other seams]: AND ALSO YIELDING AND PAYING unto the said A. B., his heirs and assigns, over for small coal; and above the said rents hereinbefore reserved, the further rent or sum of £— for every ton of small or splint coal which shall be wrought and gotten out of the said colliery, and which shall be disposed of for sea sale, or otherwise, the said further and additional rents herein before reserved to be paid and payable on such day of, as shall first happen in every year of the said term of twenty-one years, after the same several rents shall have respectively accrued: THE SAID several rents or sums of money hereinbefore reserved, to be paid free and clear of and from all existing and future taxes, charges, rates, assessments, impositions, payments, and outgoings whatsoever: PROVIDED NEVERTHELESS, and it is hereby agreed and declared between and by the parties to these presents, that the said C. D., his executors, administrators, and assigns, are not meant nor are to be behind day of and the rents to be paid free from deduc tion. Proviso, explaining as to the coals to be wrought at the certain rent. OF A COL- the said yearly quantity of tons, but that they shall be entitled and bound to win, work, and carry away, in each year of the said term of twenty-one years, as many tons of coal, in the proportions and at the prices following; that is to say, namely, for each ton of the and coal the coal the tress and re entry. sum of and for each ton of the small or splint coal the sum of, for sea sale or otherwise, as together, according to the quantities of the different kinds of coal, will amount to the said certain yearly rent of £ : Powers of dis- PROVIDED ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, that if it shall happen that the said several yearly and other rents or sums of money hereby reserved, or any of them, or any part thereof respectively, shall be behind and unpaid by the space of forty days next over or after any of the said days whereon the same ought to be paid as aforesaid, and the same shall have been demanded on the expiration of the same forty days or at any time afterwards, and not paid at the time of such demand, then and in every such case it shall be lawful for the said A. B., his heirs or assigns, not only to stop and hinder the leading of coals from the said colliery, but also to enter into and upon all and every the said colliery and other the premises hereinbefore demised, or expressed and intended so to be, and to distrain all and every or any of the coals which shall then be laid or deposited, and also to distrain the horses, gins, waggons, carts, and other carriages, ropes, rollers, and other materials and things whatsoever, used in or about the colliery, staiths, waggon-ways, and premises hereinbefore demised, or expressed and intended so to be, and the distress and distresses then and there found, to take, lead, drive, and carry away, sell and dispose of, according to law, until the said several rents or sums of money, and every of them, and every part thereof respectively, and also reasonable satisfaction for the costs and charges of such distresses and sales, shall have been fully satisfied, rendering the overplus (if any) unto the said C. D., his executors, administrators, and assigns, and also into and OF A COL LIERY. lessee; upon the colliery and other the premises herein before demised, or expressed and intended so to be, or any part thereof, in the name of the whole to re-enter, and the same to have again, repossess, and enjoy as in his and their former estate, anything hereinbefore contained to the contrary thereof in anywise notwithstanding: AND Covenants by THE SAID C. D. doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said A. B., his heirs and assigns, in manner following, that is to say, [covenants for payment of the rents, and of the usual; taxes and outgoings, and to make compensation for damage done, supra, pp. 149, 150]: AND ALSO, THAT he the said C. D., his executors, administrators, or assigns, shall and will, in every year during the said term hereby portions; granted, win and work three equal sixth parts of the whole coal which shall be wrought and gotten out of the said colliery, from and out of the said and seams, and to work specified pro the seams in two other equal sixth parts thereof from and out of the said seam, and the remaining equal one sixth part thereof from and out of the said AND THAT, if the said C. D., his executors, administra- and to pay and seams: an additional rent for a and greater propor tors, or assigns, shall, in any year of the said term hereby granted, win and work from and out of the said seams a greater quantity than three equal sixth tion of coal got parts of the whole coal which shall in such out of a particular seam; ceeding the quantity of three equal sixth parts of the whole, and which shall be disposed of for sea sale or otherwise, the additional rent or sum of threepence, to become due and to be paid at such times and in such manner as is hereinbefore mentioned and appointed for the payment of the several tonnage rents hereinbefore reserved, and to be attended with such powers of distress and entry as are hereinbefore contained with respect to the several rents hereinbefore reserved: And Further, THAT, anything herein con- —and on no OF A COL LIERY. account to take more than a tion out of cer tain seams; -and to sink certain pits to a certain seam, and raise the coal from that seam at those pits; -and to work the colliery in a proper manner; pit tained to the contrary thereof notwithstanding, he the said C. D., his executors, administrators, and assigns, shall not nor will, in any year or years of the said term hereby certain propor- granted, win, work, and carry away, from and out of the said and seams of coal, a greater quantity or proportion of the whole coal which shall in such year be won and wrought than four equal sixths parts thereof, without the consent in writing of the said A. B., his heirs or assigns, first obtained: AND ALSO, THAT he the said C. D., his executors, administrators, or assigns, or some or one of them, shall and will, before the expiration of four years from the commencement of the said term, dig and sink the pits called the and the pit to the seam of coal, and also shall and will, at all times thereafter during the continuance of the said term, win, work, and raise the coal to be wrought and gotten out of the said seam of coal at the said pits called the and the pit: AND ALSO, THAT he the said C. D., his executors, administrators, and assigns, shall and will work, manage, and carry on the said coal mine, seams of coal, and colliery hereinbefore demised, or expressed and intended so to be, in a fair and orderly manner, according to the actual course and method of working collieries on the river (b): AND SHALL NOT nor will do or commit, or willingly suffer to be done or committed, any negligent or wilful act, matter, or thing, whereby the said colliery hereby demised, or any part thereof, shall or may be drowned or over-burthened with water or styth from any wastes in the said colliery, or from any neighbouring colliery, or which may occasion or bring any thrust or creep upon the said colliery hereby demised, or may hinder, stop, or obstruct the water-courses, passages, or drifts in or belonging to the same: AND SHALL barrier against and will, in the working of the said colliery, leave a barrier of coal twenty yards in breadth at least against any other colliery adjoining the same: AND ALSO SHALL and will, at his and their own cost, on the first Monday in every calendar month during the term hereby granted, if -and not to -and leave a any other colliery; --and deliver to the lessor monthly accounts of the workings; (b) See supra, p. 153, n. (d). |