of him the said A. B., his heirs or assigns, which they wAY-LEAVE. the said C. D., E. F., and G. H., their executors, administrators, or assigns, or their agents, servants, or workmen, shall damage or spoil by relaying or remaking the said waggon-way and byeway or sideway hereby permitted to be made, or by repairing the same or any of them, or by any other proceeding in pursuance of the powers hereby given, every such rent or sum so reserved as last herein before mentioned, to commence and be paid on such

day of

or day of as shall first happen next after any such damage or spoil of ground shall have been done or occasioned, and to continue to be paid half-yearly as aforesaid during the remainder of the said term hereby granted, or until such lands and grounds so used, damaged, or spoiled as aforesaid, shall be properly levelled and made fit for the plough: AND ALSO YIELDING AND PAY----and a penal ING unto the said A. B., his heirs and assigns, over and above the said several rents hereinbefore reserved and made payable, the sum of £10 for every ton of coals (and so in proportion for a less quantity than a ton) which at any time during the said term shall be won, wrought, or gotten forth or out of any colliery other than the said

colliery, and which they the said C. D., E. F., and G. H., their executors, administrators, or assigns, or their servants, agents, or workmen, shall, at any time or times. during the said term hereby granted, convey, lead, or carry, or cause or permit to be conveyed, led, or carried, with horses, waggons, wains, carts, or otherwise, in, through, over, or along the said way or ways hereby permitted to be made, without the license of him the said A. B., his heirs or assigns, in writing, first had and obtained, the said rent or sum lastly herein before reserved to be paid on such one of the said days of and days of

rent for carrying any coals, except those gotten from

grantee's col

liery;

rent in coals.

as shall first happen after such leading, carrying, or conveying away coals as last aforesaid: AND ALSO YIELD--and a stated ING AND DELIVERING, yearly and every year during the said term of thirty-one years, over and above the said several rents hereinbefore reserved, unto the said A. B., his heirs or assigns, or to his or their order or demand, at such time or times as he or they shall think proper, at

WAY-LEAVE.

Proviso, that the deficiency in one year of the number of

tons, for which a rent certain

is paid, may be made up rentfree in a succeeding year;

-but that the overplus of a

the pit heap, staith, or spout of or belonging to the said colliery, tons of the best coals, the said several rents herein before reserved to be paid or delivered free and clear of and from all existing and future taxes, charges, rates, assessments, impositions, payments, and outgoings whatsoever: PROVIDED ALWAYS, and it is hereby agreed and declared between and by the said parties to these presents, that if they the said C. D., E. F., and G. H., their executors, administrators, or assigns, shall not in any year lead and convey over and along the said waggon-way or other ways hereby granted, the quantity of eight hundred tons from the said colliery, that

then, and so often as any such deficiency in the leading of the said quantity of coals shall happen, it shall be lawful for the said C. D., E. F., and G. H., their executors, administrators, or assigns, in any following year or years during the said term hereby granted, to lead and convey over and along the said waggon-way or waggon-ways such number of tons of coals (over and above the said yearly number of eight hundred tons of coals) as the respective number of tons led and conveyed along the said waggon-way or waggon-ways in the preceding year or years shall have been so deficient as aforesaid, without paying any rent or sum of money for the same beyond the aforesaid certain rent of £250 which shall be payable in such year: PROVIDED NEVERTHELESS, that the over leadings in any preceding year or years of the said term hereby granted shall not come in aid of or to supply the ciency of a suc- short leadings or deficiencies of any following year or ceeding year. years: PROVIDED ALWAYS, nevertheless, and these presents are upon this express condition, and it is hereby agreed and declared between and by the said parties to these presents, that if the said several yearly and other rents or sums of money and coals herein before reserved, or any of them, or any part thereof respectively, shall be behind or unpaid or not delivered by the space of forty days next over or after any of the said days or times hereinbefore appointed for the payment or delivery thereof respectively, then and in every such case, and so often as the same shall happen, it shall be lawful for the said A. B.,

preceding year is not to make up the defi

Power of distress and obstructing the way-leave.

WAY LEAVE.

his heirs or assigns, not only to stop and hinder the leading and conveying of coals and other things over and along the said ways hereinbefore granted, and every of them, and for that purpose to set up posts or rails, and make or dig cuts or ditches, and put locks upon any of the gates or rails on the said premises, and pale up the said ways or any of them, and to continue such stopping or hindrance until the rents or coals which shall be in arrear and unpaid, or not delivered, shall be fully paid, delivered, and satisfied, together with the reasonable charges to be occasioned by such stopping or hindrance, but also to distrain all and every or any of the waggons, wains, carts, and carriages, and the coals or any other things found therein, and the horses and cattle drawing or not drawing the same, passing or repassing in, upon, through, over, or along the said waggon-ways or other ways hereby granted, and the rails, ropes, utensils, materials, and other things whatsoever, which shall be at or upon, or used or found in and about the said ways or any of them, or any part thereof respectively, and the distress and distresses then and there found, to take, lead, carry away, and detain, until all the said several and respective rents or sums of money, or coals, shall be fully paid, satisfied, and delivered, with the costs and charges attending such distress, taking, carrying away, and detaining as aforesaid; and by and out of the coals which may be so taken, to deduct and retain any coals which ought then to be delivered in pursuance of these presents, and on default of payment of any sums of money which ought then to be paid for the space of five days next after every such distress, to sell the same or any part thereof, and thereout to pay all sums of money then due and in arrear, and all costs and charges attending such distress and sale, rendering the overplus (if any) to the said C. D., E. F., and G. H., their executors, administrators, or assigns: PROVIDED ALSO, and it is hereby agreed and de- Proviso for reclared between and by the said parties to these presents, that if the said several rents and sums of money and coals hereinbefore reserved, or any of them, or any part thereof respectively, shall be behind or unpaid or undelivered by the space of forty days next over or after any of the said

entry.

WAY-LEAVE. days or times whereon the same ought to be paid or delivered as aforesaid, or if the said C. D., E. F., and G. H., their executors, administrators, or assigns, shall not well and truly observe, perform, fulfil, and keep all and every the covenants, conditions, and agreements herein contained, and which on their parts ought to be observed, performed, fulfilled, and kept according to the true intent and meaning of these presents, then and in any of such cases it shall be lawful for the said A. B., his heirs or assigns, (without any demand being made for payment or delivery of the same rents or sums of money, or coals, or any of them), into and upon the said waggon and other ways, and other the premises hereby demised, or expressed and intended so to be, and which shall then be held, occupied, used, or enjoyed by the said C. D., E. F., and G. H., their executors, administrators, or assigns, by virtue of these presents, or into or upon any part thereof, in the name of the whole to re-enter, and the same from thenceforth to have again, retain, and enjoy as in his and their former estate, and as if these presents had not been made; And the said C. D., E. F., and G. H., do hereby for themselves, their heirs, executors, administrators, and assigns, and each of them doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said A. B., his heirs and assigns, that they the said C. D., E. F., and G. H., their executors, administrators, or assigns, shall and will, from time to time and at all times during the said term hereby granted, pay and deliver, or cause to be paid and delivered, unto the said A. B., his heirs or assigns, the said several rents and sums of money hereinbefore reserved and made payable, and the said yearly quantity of tons of coals hereinbefore reserved, on or at the several days and times and in the manner hereinbefore mentioned and appointed for payment and delivery thereof respectively, without any deduction or abatement whatsoever, accord--and payment ing to the true intent and meaning of these presents: AND ALSO, THAT they the said C. D., E. F., and G. H., their executors, administrators, or assigns, shall and will, from time to time and at all times during the said term hereby granted, pay and discharge all existing and future taxes,

Covenants by lessees for pay

ment and de

livery of rents;

of taxes;

and to make satisfaction for

damage done;

charges, rates, assessments, impositions, and outgoings what- WAY-LEAVE. soever, for or in respect of the said premises hereinbefore granted and demised, or any of them, or any part thereof respectively: AND ALSO, THAT they the said C. D., E. F., and G. H., their executors, administrators, or assigns, shall and will, from time to time and at all times during the said term hereby granted, over and above the said yearly and other rents and sums of money hereinbefore reserved and made payable, make reasonable satisfaction unto the said A. B., his heirs or assigns, or his or their tenants and farmers, of his said lands and grounds at aforesaid, for all such spoil or damage of ground, hedges, fences, or trees, as shall be done or committed by the said C. D., E. F., and G. H., their executors, administrators, or assigns, or their agents, servants, or workmen, in or upon the said lands and grounds, or any part thereof, by reason or means of their exercising or using any of the liberties, powers, or privileges hereby granted, (other than and except such spoil or damage of ground as shall be made or occasioned by reason or means of the said C. D., E. F., and G. H., their executors, administrators, or assigns, or their servants, agents, or workmen, relaying or remaking of the said ways and branches, or by repairing the same, or any part thereof, as hereinbefore is mentioned): AND ALSO, THAT they the said C. D., E. F., and G. H., their executors, administrators, and assigns, shall and will, yearly and breaches in the every year during the said term hereby granted, at their own expense and charge, set up, hang, fix, make, erect, and keep good and sufficient gates, with locks and keys, rails, bars, posts, or stoups, in, upon, and across the said waggon-way and other ways to be made, placed, erected, and built by them the said C. D., E. F., and G. H., their executors, administrators, or assigns, over and along the said lands and grounds of him the said A. B., at aforesaid, where the same shall be necessary and proper to shut up and inclose such breach or breaches, gateways or openings, as shall be made from time to time in the hedges or fences of the said lands and grounds: AND ALSO shall and and fence off will, from time to time and at all times during the said term

and to put up sufficient gates to the

fences;

the

ways to be made;