CONVEYANCE WITH RESERV- MINES. As to the other premises to the use of purchaser in fee. of the same coal mines and seam and seams of coal, and the coal to be gotten or raised therefrom, or any part thereof respectively (d), subject nevertheless to the observance, performance, and fulfilment of the several covenants, conditions, and agreements hereinafter contained, and on the part of the said A. B., his heirs and assigns, to be observed, performed, and fulfilled, to the use of the said A. B., his heirs and assigns for ever: AND AS TO the said several closes or parcels of land, hereditaments, and premises hereinbefore released, or expressed and intended so to be, other than the said coal mines, seam and seams of coal, liberties, privileges and powers, herein before given or limited to the use of the said A. B., his heirs and assigns, To the use of the said C. D., his heirs and assigns, for ever: AND THE SAID A. B. doth hereby for himself, his heirs, Covenant by executors, and administrators, covenant with the said C. D., vendor not to his heirs and assigns, in manner following, (that is to say), houses or garthat he the said A. B., his heirs and assigns, shall not nor will sink, or cause to be sunk, any pit, shaft, drift, or level, which shall or may weaken, damage, injure, or endanger any house or other building belonging to the said C. D., his heirs or assigns, or for the time being standing or being in or upon the said closes or parcels of land hereinbefore. limited to the use of the said C. D., his heirs and assigns, or any part thereof, nor sink any pit, nor place or lay any waggon-way or other way, nor make any other works whatsoever, within or upon any garden or orchard belonging to any such house or building within the distance of twenty yards from such house or building (e): AND ALSO THAT he and annually the said A. B., his heirs or assigns, shall and will, yearly pensation for and every year, make, or cause to be made, unto the said damage done. C. D., his heirs or assigns, satisfaction for the spoil or damage of ground to be made, done, or occasioned, to, in, or upon the said several closes or parcels of ground, lands, (d) It may be doubted, whether the subsequent words down to " fulfilled," are desirable. It is, perhaps, better to leave the stipulations of the covenants to rest on covenant alone, and not to make the enjoyment of the powers dependent on the fulfilment of the covenants. (e) See infra, n. (ƒ). dens. to make com CONVEYANCE WITH RESERV ATION OF MINES. and premises hereinbefore limited, to the use of the said C. D., his heirs and assigns, or any part thereof, by the searching for, winning, working, leading, taking, and carrying away of the said coal mines, seam and seams of coal, herein before limited to the use of the said A. B., his heirs and assigns, or any part thereof, or by the sinking or working of any pit or shaft, or by the making or using of pit-room, heap-room, or pit-hills, or by the making, erecting, laying, or building of any waggon-way or waggonways, branches, or other ways, bridges, mounts, or batteries, or by repairing the same, or any of them, or by the making, placing, erecting, building, or using of any hovels, lodges, sheds, whimseys, gins, fire or steam engines, or other engines or machinery, or otherwise, by virtue of or under the liberties, privileges, and powers hereinbefore given and limited to the use of him the said A. B., his heirs and assigns, as aforesaid, such satisfaction to be estimated and fixed at a certain yearly rent or sum of money by the acre, for every acre of the same closes or parcels of ground and lands to, in, or upon which any spoil or damage shall be made, done, or occasioned by any of the ways or means aforesaid, and so in proportion for any greater or less quantity than an acre of ground, and which yearly rent or rents, sum or sums of money, to be estimated and fixed as and for such satisfaction as aforesaid, shall be payable and paid upon the first day of January in every year, and shall continue payable so long and during such time as the works so to be made, laid, placed, or erected for the purposes aforesaid shall be used or continued, and until such pits, shafts, pit-room, heap-room, pit-hills, waggon-ways, branches, and other ways, bridges, mounts, batteries, hovels, lodges, sheds, whimseys, gins, fire and steam engines, and other engines, machinery, and other erections, and the stock and rubbish to be thereby made or occasioned shall be completely filled up, removed, or taken away respectively, and until the lands and grounds to, in, or upon which any spoil or damages shall be made, done, or occasioned as aforesaid, shall be levelled and made fit and -and restore to proper for tillage: AND FURTHER, THAT the said A. B., CONVEYANCE WITH RESERV- MINES. the usual condition, land which has been used for mining purposes, but quired. his heirs or assigns, shall and will from time to time, at his and their own proper costs and expenses, fill up, or cause to be filled up, every pit or shaft which shall be sunk or made in the said closes or parcels of land and hereditaments hereinbefore limited to the use of the said C. D., his heirs and assigns, and which the said A. B., his heirs or assigns, shall cease to get coal in, or to use immediately after every such pit or shaft shall so cease to be wrought, and shall be of no further use, and also remove, take, and lead away all the said pit-heaps, pit-hills, waggon-ways, branches, and other ways, bridges, mounts, batteries, hovels, lodges, sheds, whimseys, gins, fire or steam engines and other engines, machinery, and erections whatsoever, immediately after the same respectively shall be discontinued, and of no further use for the purposes aforesaid, and also the materials thereof, and the stock or rubbish to be made or occasioned thereby, and also shall and will thereupon, at the expense of the said A. B., his heirs or assigns, trench and level, or cause to be trenched and levelled in a proper and workmanlike manner, such part or parts of the same closes of land and hereditaments as shall have been used or occupied by or for all or any of the purposes aforesaid, under or by virtue of any of the liberties, privileges, and powers hereinbefore given or limited as aforesaid, or as shall have been damaged or spoiled in manner hereinbefore mentioned, and also lay and spread the soil and earth on the same lands and grounds, and do every other act and thing which shall be requisite or proper for the making of the same closes of land and hereditaments fit for tillage: AND MOREOVER, -and erect THAT he the said A. B., his heirs and assigns, shall and will, from time to time and at all times, as occasion shall require, set up, hang, fix, make, erect, and keep good and sufficient gates, rails, bars, or posts, with locks and keys, upon and across such waggon-ways and other ways, as shall be laid or made under or by virtue of the powers and liberties herein before given or limited to him and them as aforesaid, in or upon any of the said closes of land and hereditaments hereinbefore limited to the use of the said gates and fences. CONVEYANCE WITH RESERV ATION OF MINES. C. D., his heirs and assigns, and in all other places whatsoever where the same shall be necessary or proper to shut up and inclose any breach, gateway, or opening, which the said A. B., his heirs or assigns, shall from time to time. make in the hedges, walls, or fences of the same closes of land and hereditaments, or any part thereof, and shall and will sufficiently rail, pale, or otherwise fence off on all sides, all and every the waggon-ways, bye-ways, and other ways, pits, shafts, pit-heaps, pit-hills, bridges, mounts, batteries, hovels, lodges, sheds, whimseys, gins, engines, machinery, erections, and works whatsoever, which shall at any time. hereafter be made, laid, or placed by him the said A. B., his heirs or assigns, in and upon the said closes of land and hereditaments, or any part thereof, where the railing and paling or fencing of the same shall be necessary or proper, and shall and will maintain and keep the aforesaid gates, rails, bars, posts, locks, keys, pales, or fences, in good and sufficient repair and condition, and shall and will, from time to time and at all times, provide and keep sufficient gate-keepers or proper persons to attend, look after, and keep shut and locked, or fastened, the same gates, bars, or rails, to prevent, as much as may be, trespasses by cattle or other animals on the same lands and grounds, and every part thereof, and also shall and will, from time to time and at all times hereafter, when and so often as there shall happen to be any damage made or done by cattle or other animals, by trespassing in or upon any of the said closes of land and hereditaments hereinbefore limited to the use of the said C. D., his heirs and assigns, or by such cattle or other animals injuring themselves, by means or occasion of the making of such breach or breaches, gateways or openings, or by or through the not keeping the said gates, bars, or rails shut up, locked, or fastened, make reasonable satisfaction for the same to the said C. D., his heirs or assigns, or to the person or persons injured thereby: AND shall be lawful FURTHER, THAT it shall be lawful for the said C. D., his heirs and assigns, from time to time and at all times hereacross the ways after, to make, lay, and use, for any purpose or purposes whatsoever, any waggon-way or ways, or other way or ways -and that it for landowners to make ways of the mine owner. CONVEYANCE WITH RESERV ATION OF MINES. mine owner's ways. over and across any of the waggon-ways or other ways to be made, laid, or used in or upon the same lands and grounds, or any part thereof, by the said A. B., his heirs or assigns, by virtue or in pursuance of the liberties, privileges, and powers, hereby to him and them given and limited as aforesaid, the said C. D., his heirs or assigns, in the use and exercise of the liberties and powers hereinbefore given or reserved to him or them, not interrupting or obstructing, more than the nature of the case shall require, the waggon-way or other ways so to be made, laid, and used by the said A. B., his heirs or assigns as aforesaid : AND ALSO, THAT it shall be lawful for the said C. D., his and to use heirs and assigns, from time to time and at all times hereafter, to pass and repass upon or along, over or across such waggon-ways, or other way or ways, as shall or may at any times hereafter be made or laid in or upon the same closes of land, hereditaments, and premises, or any part thereof, under or by virtue of the liberties, privileges, and powers herein before given or limited to the use of the said A. B., his heirs and assigns, or any of the same ways or any part thereof, to and from the same closes of land, hereditaments, and premises, or any part thereof, as well on foot and on horseback as with horses, sheep, cattle, carts, waggons, and carriages, loaden or unloaden, or any of them, as shall be useful or convenient to them, or any of them, in or for the management, cultivation, or improvement of the same closes of land, hereditaments, and premises, or any part thereof, so as that in passing and repassing upon, along, over, or across the same waggon-ways or other ways, or any part thereof, the said A. B., his heirs or assigns, be not disturbed or interrupted in using and exercising the liberties, privileges, and powers herein before to him and them given or limited, more. than the nature of the case shall require, and so that the same waggon-way or other ways shall be as little damaged as may be thereby (f): AND EACH of them the said A. B. clauses. (f) On a conveyance to a purchaser in fee of a messuage, buildings, homestead and lands, the coal-mines were excepted, with liberty to enter and sink pits for getting the coal, and to erect engines, and make Arbitration As to restrictions on rights of mining. |