WAY-LEAVE. tioned, and full and free liberty, power, and authority to and for the said C. D., E. F., and G. H., their executors, Miscellaneous points relating to rights of way. from one of which there had been a right of way over the other, de- It remains to notice one or two other points relating to rights of way. Where a lessee of part of an estate covenanted to pay a rateable proportion with the other tenants of the estate, of the expense of keeping in repair the ways common to the tenants, and the only way to which the covenant could apply was a way which another tenant used over the land so leased, it was held that the lessee had notice of the existence of this way, and was bound to permit the use of it. (Oakley v. Adamson, 8 Bing. 356; S. C. 1 Moo. & Scott, 510). If a person agree for a lease of way-leave, at a yearly rent, and if, afterwards, without any fault either of the proposed lessor or lessee, events happen which would render the proposed way-leave useless, a specific performance will not be decreed. (―— v. White, 3 Swanst. 108). Where the lessees of a colliery agreed to grant to the lessees of another colliery a license to use a way-leave enjoyed by the former, and the owner of the first colliery granted to the lessees of the second the same way-leave for a term of years, and afterwards, by assignment from the lessees of the first colliery, became possessed thereof, and of the way-leave, he was restrained, by injunction, from removing the materials of and destroying the way-leave. (Newmarch v. Brandling, 3 Swanst. 99). It is apprehended, however, that in ordinary cases a court of equity will not interfere by injunction to restrain the obstruction of a way; to obtain such an interference some imminent and irreparable injury must be shewn. (See The Earl of Ripon v. Hobart, 3 My. & Ke. 169). As to whether the rails, blocks, &c., laid down to form a waggonway belong to the landlord or tenant, see Lowther v. Cavendish, 1 Eden, 99, 118. WAY-LEAVE. marginal plan; for carrying coals and ma terials to and from collieries; administrators, and assigns, and their agents, servants, and workmen, to enter upon and to make, lay, and place, and from time to time to amend and repair, a waggon-way, with a sideway or byeway, (so as not to exceed one main waggonway and one byeway or sideway), in the usual manner, by digging the soil and levelling the ground, and making gutters in, through, over, and along certain lands and grounds over lands in of him the said A. B., situate, lying, and being in the township of in the said county of as the same are now stated and set out and particularly described in the plan thereof delineated in the margin of the first skin of these presents, for the leading, conveying, and carrying, with horses, carts, wains, waggons, and other carriages, over and along such waggon-way, and byeway or sideway, unto and towards the river all and every the coals and cinders of them the said C. D., E. F., and G. H., their executors, administrators, or assigns, or any of them, to be wrought and gotten forth and out of the aforesaid colliery, and all the pits and shafts thereunto belonging, as well opened as not opened, and which they or any of them now have, or shall or may, at any time or times hereafter during the term hereby granted, have or be possessed of, within or under all or any of the lands and grounds situate, lying, and being in the township of aforesaid; and also for the leading, conveying, and carrying all and every the colliery utensils, iron, timber, stones, and other materials, matters, or things whatsoever, to and from any of the coal staiths of them the said C. D., E. F., and G. H., their executors, administrators, or assigns, on the said river from and to the said colliery: AND ALSO, full and free liberty, power, and authority to and for them the said C. D., E. F., and G. H., their executors, administrators, and assigns, and their agents, servants, and workmen, from time to time and at all times during the said term hereby granted, as occasion shall require, to lead, place, lay, and fix wood, timber, earth, stones, gravel, rails, posts, sleepers, and other materials in and upon the lands and grounds hereinbefore mentioned of him the said A. B., and to use and employ workmen and horses, and to cut, dig, and make trenches, water-gates, and water-courses for the purpose of keeping the said waggon with power sary acts; to do all neces WAY-LEAVE. --but so that the way do not exceed a certain width; -with power pass; -and all other needful powers; way and sideway or byeway dry and free from water, and to do all other things necessary and convenient as well for the making, laying, and placing of the said waggon-way and sideway or byeway, as for the repairing and upholding the same, or any part thereof, when and as often as there shall be occasion: So ALWAYS, nevertheless, that the said waggon-way, with the byeway or sideway thereof, and the gutters included, shall not exceed fifteen yards in breadth in any part thereof (except in cutting through hills, or filling up drains, valleys, or hollow places, where it shall be necessary to make the same broader): AND ALSO, full and free to pass and re- liberty and authority to and for them the said C. D., E. F., and G. H., their executors, administrators, and assigns, and their agents, servants, and workmen, to go, pass, and repass along the said waggon-way and byeway or sideway, either on foot or with horses, waggons, carts, wains, or other carriages, loaden or unloaden, unto and from or towards the said herein before-mentioned colliery: AND ALL and singular other liberties, privileges, authorities, conveniences, and appurtenances whatsoever, needful or necessary in or about the making, laying, placing, removing, altering, repairing, and using of the said waggon-way and byeway or sideway, or any of them: THEY THE SAID C. D., E. F., and G. H., their executors, administrators, or assigns, from time to time and at all times during the said term hereby granted, making reasonable compensation for all waste, damage, or spoil, which shall be occasioned by or in the exercise of the said liberties, powers, or authorities, to the lands belonging to the said A. B., his heirs or assigns, (EXCEPT and always reserved forth and out of this present demise, unto the said A. B., his heirs and assigns, full and free liberty, license, power, and authority, to and for him the said A. B., his heirs and assigns, to lay and make, or to give, grant, and demise unto any person or persons whomsoever, liberty, license, and power to lay and make one or more waggon-way or waggon-ways, byeway or byeways, branch or branches, way-leave or way-leaves, for any purposes whatsoever, across and intersecting any waggon-way or other way, made or laid by the said C. D., E. F., and G. H., their executors, administrators, and assigns, by virtue of these presents, and -the lessees making compensation for damage. Exception of right to make cross-ways; -and of right to use the way also to pass and repass in, through, upon, over, and along WAY-LEAve. all and every such waggon-ways or other ways so to be made by or by the license of the said A. B., his heirs and assigns, as aforesaid, with horses, carts, wains, waggons, and all other carriages whatsoever, loaden or unloaden, but so as the said last-mentioned ways do not prejudice the waggonway and byeway or sideway hereby granted, otherwise than by crossing or intersecting the same when necessary, and so as that the said A. B., his heirs or assigns, and his or their tenants, servants, and others do, in such crossing thereof, give as little hindrance and interruption or disturbance to the said C. D., E. F., and G. H., their executors, administrators, or assigns, and his and their workmen and servants, as may be, and do make, lay, and place one or more on-gate or on-gates, off-gate or off-gates, where they, or any of them, shall so cross the said waggon-way or other ways hereby granted: AND ALSO EXCEPT and always reserved forth and out of this present demise, full and free liberty granted; and license to and for the said A. B., his heirs and assigns, and his and their servants and tenants for the time being of the said lands and grounds in the said township of, or any part thereof, and their or any of their servants, with horses, cattle, carts, wains, waggons, or any other carriages, ploughs, harrows, manure, hay, corn, lime, timber, and other things for the management, convenience, or husbandry of his or their lands, to pass over, across, or along the said waggon-way and byeway or sideway hereby granted, so as they, or any of them, shall not thereby obstruct, stop, or hinder the carriages, workmen, or servants of them the said C. D., E. F., and G. H., their executors, administrators, or assigns, in passing and repassing along the said waggon-way and byeway or sideway hereby granted: AND ALSO EXCEPT and always reserved forth and out of this present demise, unto the said A. B., his heirs and assigns, full and free liberty, power, and authority to stop, obstruct, and hinder all and every other person and persons from passing along or using the said way or ways hereby granted, either on foot or with horses or carriages, other than and except such persons, horses, and carriages as are hereby empowered to pass along and use the and except restrain all but the grantees from enjoying the way-leave. power to WAY-LEAVE. Habendum. a rent certain; the same: To HAVE AND TO HOLD the said way-leave, waggon-way, byeway or sideway, liberties, privileges, and authorities, and all and singular other the premises hereby granted and demised, or expressed and intended so to be, unto the said C. D., E. F., and G. H., their executors, administrators, and assigns, from the now day of last past, for the term of thirty-one years from thenceforth Reddendum of next ensuing, and fully to be complete and ended: YIELDING AND PAYING therefore unto the said A. B., his heirs and assigns, yearly and every year during the continuance of the said term hereby granted, the certain yearly rent or sum of £250, for the yearly number of eight hundred tons of coals, to be won and wrought and led from and out of the said colliery of the said C. D., E. F., and G. H., called colliery, whether such quantity of eight hundred tons shall be yearly led and carried away over and along the said waggon-way or other ways hereby granted, or not, the said yearly rent of £250 to be paid by equal half-yearly payments on the day of and the --and of an extra tonnage rent ; -and of a compensation rent for damage to the surface; half-yearly pay now next en day of in every year, the first of such |