-and to keep

the gates and fences in re

pair;

--and keep gate-keepers;

WAY-LEAVE. hereby granted, at the like expense and charges, sufficiently fence off with quickset hedges on both sides all and every the waggon-way, byeways, and other ways, which shall be made, laid, and placed by them in and upon the aforesaid lands and grounds, where the fencing off the same shall be necessary, proper, or convenient for the preventing the ingress or egress of cattle or otherwise: AND ALSO shall and will, from time to time and at all times during the said term hereby granted, at the like expense and charges, keep all the aforesaid gates, locks and keys, rails, bars, posts, stoups, and quickset hedges, in good and sufficient repair and condition: AND ALSO shall and will at all times, after the said waggon-way or other ways so to be placed by the said C. D., E. F., and G. H., their executors, administrators, or assigns, shall be laid and formed as aforesaid, during the said term hereby granted, employ and keep proper gate-keepers to keep shut the said gates, and look after the said bars, rails, and fences to be placed across the said waggon-way and byeway or sideway, in order to prevent as much as possible the ingress or egress of cattle or trespassers on the lands or grounds of the said A. B., his heirs or assigns: AND ALSO, THAT they the said C. D., E. F., and G. H., their executors, administrators, or assigns, shall not nor will permit any person or persons whomsoever to lead coals, cinders, or other things from or to any other colliery than the said colliery, along the waggon-way or other ways to be by them made and placed as aforesaid: AND ALSO shall and will, at all times during the said term hereby granted, when and so often as there shall be occasion, at their own costs and charges, scour, dress, and cleanse the gutters and ditches to be made on each side of the said ways and branches respectively, so as to prevent the water which may be therein from running off the said ways or branches, or out of the said gutters and ditches, into and upon the said lands and grounds through which the same shall respectively be made: AND ALSO shall and will, at their own costs and charges, at all times during the said term hereby granted, amend and repair all such of the said waggonways and other ways, and the gutters and ditches thereof, as

--and to prevent persons from leading coals on the ways to be

made from or to any other colliery;

-and to scour the gutters ;

-and keep in

repair such of

the ways as the

lessor may have

occasion to use;

WAY-LEAVE.

lessor to use

manure;

the said A. B., his heirs or assigns, or his or their farmers, tenants, agents, or servants, shall have occasion to make use of in passing and repassing, by themselves, and with their horses, cattle, carts, and carriages, or otherwise, for the use and enjoyment of their lands, grounds, and premises, lying on each side of the said waggon-way and other ways, and also all such on-gates and off-gates as the said A. B., his heirs or assigns, or his or their tenants, shall hereafter make, lay, or place and use, where any waggon-way or waggonways to be laid or made by the said A. B., his heirs or assigns, or his or their tenants or grantees, shall cross the said waggon-way or other ways to be made or placed by the said C. D., E. F., and G. H., their executors, administrators, or assigns, as aforesaid, or any of them: AND ALSO and allow the shall and will permit the said A. B., his heirs or assigns, or his or their tenant or tenants, to have, take, lead, and carry away for his and their own use and benefit, all the manure, dung, or compost to be bred and produced during the said term hereby granted, in or upon the said waggon-way and "other ways hereby granted, or any of them, or any part thereof respectively: AND ALSO shall and will, at the end of every month during the said term hereby granted, at their own costs and charges, make and deliver unto the said A. B., his heirs or assigns, or his or their agent or agents, (if thereunto required by him or them), a true and perfect account in writing, under the hands of the viewer and overman and of the staithman employed by them the said C. D., E. F., and G. H., their executors, administrators, or assigns, in and about the aforesaid colliery, of all such quantities of coal as shall, during such month, have been carried away from the said colliery over and along the said waggon-way or other ways hereby granted: AND ALSO, that they the said C. D., E. F., and G. H., their executors, administrators, or assigns, shall and will, at all times during the said term, make and keep all the waggons to be used on the said waggon-way and other ways of one measure and uniform size, and shall not nor will at any time alter, or cause or permit to be altered, the size of such waggons,

and to de

liver accounts

of the coals car

ried;

and to keep uniform meathe waggons of sure;

WAY-LEAVE.

sor may gauge waggons;

-and stop waggons carrying over-mea

sure;

without having first given three calendar months' notice in writing to the said A. B., his heirs or assigns, of their in-and that les- tention to make any such alteration: AND FURTHER, that it shall be lawful for the said A. B., his heirs and assigns, or his or their agents and servants, when and so often as he or they shall think fit, to measure and gauge, at the pit or pits or staith of the said colliery, or elsewhere, as he or they shall think fit, all or any of the waggons, wains, carts, or carriages to be used or employed by the said C. D., E. F., and G. H., their executors, administrators, or assigns, in or about the leading and conveying of coals from the said colliery over and along all or any of the said waggon-ways and other ways hereby granted: AND IF, upon any such measurement or measurements of the said waggons, wains, carts, or carriages, the same, or any of them, shall be found to carry over-measure, then and in any such case it shall be lawful for the said A. B., his heirs and assigns, and his and their agents and servants, to stop the said waggons so carrying over-measure, until the said C. D., E. F., and G. H., their executors, administrators, or assigns, shall reduce the same to the certain and uniform —and that such measure which such waggons ought to contain: AND THAT such waggons as shall be found, on any measurement, to carry over-measure, shall be deemed to have carried such over-measure for the space of six calendar months next preceding such measurement, unless some such measurement shall have been made within the space of six calendar months, and then only from the time of such last preceding measurement: AND FURTHER, THAT it shall be lawful for the said A. B., his heirs and assigns, and his or their agent or agents, from time to time and at all times during the said term hereby granted, to have free access and liberty to inspect, and at his or their own costs and charges to take copies of, the whole or any part of the overmen or staithman's books of presentment and leadings of coals to be gotten and led from the said colliery: AND ALSO, THAT it shall be lawful for the said A. B., his heirs and assigns, from time to time and at any time or times during the said term hereby granted, at his and their own costs and

waggons shall

be deemed to have carried

over-measure for the times specified;

-and that lessor may inspect

overmen and staithman's books;

--and keep inspecting clerks ;

WAY-LEAVE.

sees, at the end of the term,

ways;

land fit for ploughing, and plough and sow

the same;

charges, to appoint, keep, and employ any person or persons as a clerk or clerks at any of the pits or at the staith of the said colliery, to take an account in writing of all the quantities and numbers of tons, waggons, loads, or quantities of coals which shall from time to time be wrought and gotten out of the said colliery, and led along the said waggon-way or other ways hereby granted: AND FURTHER, and that lesTHAT they the said C. D., E. F., and G. H., their executors, administrators, or assigns, shall and will, within twelve will remove calendar months next after the expiration or other sooner determination of the said term hereby granted, (unless the said A. B., his heirs or assigns, shall be desirous of purchasing the same pursuant to the proviso for that purpose hereinafter contained), at their own expense and charges take up, remove, lead, and carry away all and every the rails, sleepers, iron, wood, and other materials which shall be laid, fixed, or placed in or upon the said way or ways to be made and placed by them as aforesaid: AND ALSO, THAT they the and make the said C. D., E. F., and G. H., their executors, administrators, and assigns, shall and will with all convenient speed, and within the space of six calendar months next after every removal of such materials as shall have been by them laid, placed, or fixed as aforesaid, at the like expense and charge, well and sufficiently dig, fill up, throw down, and level, all and every the batteries, cuts, ditches, and trenches whatsoever, raised and made for the use of or occasioned by such waggon or other way or ways, or by reason or means of the liberties, authorities, and powers hereby granted, or any of them, so as to render the same fit for the plough, and, the same being so levelled, shall and will well and sufficiently plough the ground and the soil thereof, and sow the same with a proper and sufficient quantity of good hay or grass seeds, they giving reasonable notice in writing to the said A. B., his heirs or assigns, or his or their agent or agents, tenants or farmers of the said lands and grounds, previous to such ploughing and sowing, in order that he or they, or his or their tenants or farmers of the said lands, may (if he or they think proper) see the same fairly and regularly ploughed and sown down as aforesaid: AND ALSO, where any of the and make good the hedges in the said lands and grounds shall be cut through by fences;

WAY-LEAVE.

--and yield up quiet possession.

Covenants by

enjoyment;

the said waggon-way or other ways hereby permitted to be made, then they the said C. D., E. F., and G. H., their executors, administrators, or assigns, shall and will, with all convenient speed thereafter, make good and sufficient hedges in the room of those cut through as aforesaid: And ALSO, THAT they the said C. D., E. F., and G. H., their executors, administrators, or assigns, shall and will, at the expiration or other sooner determination of the said term hereby granted, yield and deliver up to the said A. B., his heirs or assigns, the peaceable and quiet possession of all and singular the said premises hereby granted and demised, subject and without prejudice to the performance of the covenants lastly hereinbefore contained: AND THE SAID lessor for quiet A. B. doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said C. D., E. F., and G. H., their executors, administrators, and assigns, in manner following; (that is to say), that it shall be lawful for the said C. D., E. F., and G. H., their executors, administrators, and assigns, they paying and delivering the several rents hereinbefore reserved, and observing and performing the several covenants, conditions, and agreements herein contained on their parts to be observed and performed, peaceably and quietly to have, hold, use, occupy, possess, and enjoy all and every the liberties, privileges, powers, authorities, and premises hereby granted and demised, or expressed and intended so to be, in manner aforesaid, according to the true intent and meaning of these presents, at all times during the said term of thirty-one years hereby granted, without the lawful let, suit, hindrance, interruption, or disturbance of the said A. B., his heirs or assigns, or any person or persons lawfully claiming or to claim by, from, or --and that les- under him, them, or any of them: AND FURTHER, that it sees may, after shall be lawful for the said C. D., E. F., and G. H., their executors, administrators, or assigns, at any time or times during the space of twelve calendar months next after the end or other sooner determination of the said term hereby granted, to lead and carry away along all or any of the said waggon-way or other ways hereby granted, all such quantities of coals as before such end or other sooner determination of the said term shall have been wrought and laid

end of term,

lead away coals

then at bank;