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OF A COL.

LIERY.

-and that lessor may inspect

the colliery

counts in writ

thereunto requested by the said A. B., his heirs or assigns, or his or their agent or agents, make and deliver to him the said A. B., his heirs or assigns, a true and perfect account, under the hands of the viewer or overman and of the staithman employed by the said C. D., his executors, administrators, or assigns, in and about the said colliery, of all such quantities of coal as shall, at the end of the calendar month next preceding, have been won and wrought out of the said colliery, and also a distinct and separate, true and perfect account of all such numbers of tons of the respective seams aforesaid, as at the end of such calendar month shall have been led or carried away from the said colliery: AND ALSO, THAT it shall be lawful for the said A. B., his heirs and assigns, and his or their agents, from time to time and at all times during the books; term hereby granted, to have free access to and liberty to inspect, peruse, and examine the staithman's and overman's books of presentment and leadings, relating to the working and leading of coals wrought and gotten out of the said colliery: AND ALSO, THAT it shall be lawful for the said and take acA. B., his heirs or assigns, and his or their agents or servants, at any time or times during the said term hereby granted, to take an account in writing of the number of tons, waggon-loads, or other quantities of coal which shall be wrought or led or carried away out of or from the said colliery, and to measure or gauge at the pits or staiths by and to gauge which the coals of the colliery are drawn to bank, or elsewhere, as he or they shall think fit, all or any of the waggons, wains, carts, or carriages employed in leading coals from such pit or pits; and if, upon measuring the waggons and stop or other carriages, the same or any of them shall be found to carry a greater measure than at the last preceding admeasurement, then and in such case the said A. B., his heirs or assigns, or his or their agents or servants, shall and may stop and hinder the said waggons and carriages so carrying over-measure from carrying coals from the said colliery, until the said C. D., his executors, administrators, or assigns, shall have reduced the same to one measure or gauge, and in every such case of waggons or other carriages being found to carry such greater measure, all and every

ing;

the

waggons;

those carrying

over-measure;

which are to have carried

be deemed to

OF A COL

LIERY.

over-measure

for a specified time previously.

Covenants by lessee as to

viewing work. ings and mak

&c., and damage done;

-and that he will yield up the premises at the end of the

term;

the waggons and carriages so found to carry over-measure, shall be reckoned and accounted to have carried such overmeasure for the of three calendar months then next space preceding, unless there shall have happened an admeasurement of the waggons or carriages within the last-mentioned time; and then, and in such case, from the time of such last-mentioned admeasurement, and in filling the said waggons or other carriages, the good coals are not to be mixed with the small or refuse coal of the same, but to be kept separate and distinct therefrom: AND FURTHER, that &c. [covenant to allow the lessor, his heirs and assigns, viewers, agents, and servants, to inspect the workings and to give due facilities, supra, p. 151-and that lessee will erect fences and gates, and provide gate-keepers, and make compensation for damage done by their neglect or the want of fences, supra, p. 156]: AND ALSO SHALL and will, at the expiration or sooner determination of the said term hereby granted, yield and deliver up unto the said A. B., his heirs or assigns, the quiet and peaceable possession of the said colliery, way-leaves, powers, privileges, and all and singular other the premises hereinbefore demised, or expressed and intended so to be, and every part and parcel thereof, (including such of the water-courses as shall be necessary for working the remaining part, if any, of the said colliery), in as good order and condition as the then state of the colliery --and that les- will admit of: AND FURTHER, THAT it shall be lawful for the said A. B., his heirs or assigns, or his or their next succeeding lessee or lessees, at any time within six calendar months next preceding the expiration or sooner determination of the said term hereby granted, to enter into and upon the said colliery and premises, and to sink pits, drive drifts, and make trenches and grooves, and all other works necessary for carrying on the said colliery, after the expiration or other sooner determination of the said term hereby granted, he and they, and his and their agents or workmen, obstructing the working of the said colliery as little as possible: PROVIDED ALWAYS, and it is the workings of hereby agreed and declared between and by the said parties any year may to these presents, that if the said A. B., his executors, be made up in any subsequent administrators, or assigns, shall not in each year of the

sor, or the incoming tenant, may sink

shafts, &c.,

six months before expiration

of term.

Proviso, that

a deficiency in

said term hereby granted, work, dig, and lay above ground, or lead and carry away from and out of the said colliery, the full yearly quantity or number of one thousand eight hundred tons of coals, of the different seams of the said colliery, and in the several proportions hereinbefore mentioned, so as to make up the said certain yearly rent of £, then and in such case, and so often as the same shall happen, it shall be lawful for him and them, or any of them, in any following year or years of the said term hereby granted, to win, work, get, lead, and carry away from and out of the said colliery, as many tons of coals of the different seams thereof, according to the different rents or sums of money hereinbefore reserved for the coals to be wrought and got out of such respective seams, and according to the different proportions in which the same seams are hereinbefore agreed to be wrought, as will together make up or amount to the full number of tons which, according to the true intent and meaning of these presents, he the said C. D., his executors, administrators, or assigns, shall have a right to win, work, get, lead, and carry away, in each year of the said term hereby granted, for the said certain yearly rent of £, without paying any other rent or sum of money for the same, it being the true intent and meaning of the said parties to these presents, that he the said C. D., his executors, administrators, and assigns, may yearly and every year during the continuance of the said term hereby granted, work, lead, get, and carry away, from, forth, and out of the said colliery, so many tons of coals of the different seams thereof, at the different rents or sums, and according to the different proportions aforesaid, as will in all or any of the then remaining year or years of the said term, at such respective prices aforesaid, amount to or make up the deficiency or deficiencies then existing in the yearly quantity of one thousand eight hundred tons of coals, for the said certain yearly rent or sum of £, which shall not have been actually wrought and gotten out of the said colliery, in any one or more of the then preceding years of the said term hereby granted, and for which said yearly quantity of one thousand eight hundred tons of coals, the said certain yearly rent of £

OF A COL

LIERY.

year, without

additional payments;

OF A COL-
LIERY.

plus workings of preceding years are not

to go to make

up the deficiencies.

Coals used in the colliery to be rent-free. Covenant by lessee at the

end of the term

to secure useless pits, and indemnify the lessor.

years

is hereinbefore made payable, whether the same shall be wrought and obtained or not: PROVIDED NEVErtheless, but the over- that the overplus workings and leadings of any preceding of the said term are not to come in aid of, or make good the deficiency of the workings and leadings in any following year or years, but the rent hereby reserved in respect of such previous overplus workings, is to be paid when and as the same shall become due and payable, [lessee to have coals for the use of the engines and workmen free of rent, supra, p. 149]: AND THE SAID C. D. doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said A. B., his heirs and assigns, that he the said C. D., his executors, administrators, or assigns, shall and will, within twelve months next after the expiration or other sooner determination of the said term hereby granted, well and sufficiently secure all the then useless pits, and level the pit heaps which are already made, or shall be by him or them made by virtue of these presents, in and upon any of the lands and grounds under which the said coal mine and seams of coal do lie, so as to render the said lands and grounds fit for ploughing; and shall and will, from time to time and at all times after the expiration or other sooner determination of the said term hereby granted, well and sufficiently save harmless and keep indemnified the said A. B., his heirs, executors, administrators, and assigns, and every of them, his, their, and every of their goods and chattels, lands and tenements, of and from all damages, costs, charges, and expenses, by reason of any such pits or pit heaps not being so filled up or levelled as aforesaid: [Covenant by A. B. with C. D., lessor for quiet his executors, administrators, and assigns, for quiet enjoyenjoyment; ment, supra, p. 157, "without any let, &c., of, from, or by him the said A. B., his heirs or assigns, or any other per-and that lesson or persons whomsoever"]: AND FURTHER, THAT in see shall not be the regular working and carrying on of the said colliery, the said C. D., his executors, administrators, and assigns, or any of them, shall not be compelled to clear away or to penetrate or work through any creep, thrust, or old waste which may now be in the said colliery, or in any of the seams of coal thereof, for the purpose of getting at and

Covenants by

bound to work

through any creep, &c.;

OF A COL

LIERY.

-and that lessee may lay

and other ways,

&c.;

winning and working any tract or quantity of coal now left and being in any of the said seams: AND FURTHER, THAT it shall be lawful for the said C. D., his executors, administrators, and assigns, from time to time and waggon-ways at all times during the said term hereby granted, to make, staiths, spouts, place, and lay one or more waggon-way or waggon-ways, railway or railways, byeway or byeways, and sideway or sideways, in, upon, over, and along such parts of the lands and waste grounds of the said A. B., his heirs or assigns, for the purpose of leading and carrying away the coals to be wrought and produced from the said colliery to the river for shipping and vending the same, and to make and place spouts and staiths, and such other erections and buildings as he the said C. D., his executors, administrators, or assigns, shall deem proper and necessary for that purpose, he and they paying to the said A. B., his heirs or assigns, and his and their tenants and farmers, full satisfaction and compensation for the damage or spoil of ground thereby occasioned, but without paying any additional rent or sum of money for such wayleave, and allowing to the said A. B., his heirs and assigns, the option, at the expiration or other sooner determination of the said term hereby granted, of taking and purchasing, at a fair valuation, the machinery, waggons, ropes, and other implements, stock and materials which shall be used on or in connexion with the said waggon or other ways: AND FURTHER, THAT, in case the coal-pit called the now in the possession of one M. N., as tenant thereof to the said A. B., shall be by him, his executors, administrators, or assigns, at any time hereafter during the said term hereby granted, surrendered, or given up to the said A. B., his heirs or assigns, then and in such case he the said C. D., his executors, administrators, or assigns, shall have the option of becoming the tenant thereof for such term of years as shall be equal to the residue then to come and unexpired of the said term hereby granted, subject to such yearly and other rents and sums of money, and with and under such powers, covenants, conditions, restrictions, and agreements as shall be considered proper for and applicable to the same: AND FURTHER, and that les

the lessor to have the option of taking the

'same at the end of the term;

-and that, if

a certain other pit of the lessor's become vacant during the term, the lessee shall have the option of taking it;

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