To return water river. water, and in case of any further measures being required for that ppose will take and carry out such further and other necessary and reasble measures as may be required for the efficient purification and cleansing of the sd mineral water before the same is permitted to flow into the sd river or other natural channels of drainage, the number and dimensions of such pits, and the choice in other respects of the proper means for that ppose, and any incidental question in relation thto, in case of dispute, to be settled by arbitration. XXI. AND WILL return all water which shall have been taken from taken or intercepted from the river for working the water or pumping wheels, or for any of the other pposes of the sd mines and works, to the same river, or deliver the same for the use of the lessor or the lessees of other mines belonging to him, at such point or points on the lands afsd, and at such level as may be reasonably prescribed in that behalf by the lessor or his agent. Not to take water re XXII. AND WILL not do or suffer any act or thing wherequired for by any stream, spring, or other water which shall or may be used for working any mill or machine shall or may be in any mner lessened or injuriously affected. mills. To fill in or fence useless shafts. To prevent trespassing of work men. XXIII. AND WILL, whenever any pit or shaft shall become unnecessary or useless, either fill up the same with earth or rubbish, or surround the same with a good and substantial wall of inch brickwork or masonry, at least six feet in height, or cover the same with a good and substantial arch, constructed to the satisfon of the lessor or his agent, unless he shall signify his desire that the same shall be left open, in which case the same shall be left open accordingly, togr with all air-courses, water-courses, passages, and other works and conveniences belonging thto in good and serviceable condon. XXIV. AND WILL erect and keep proper gates and fences for protecting the tenants and occupiers for the time being of the sd lands from any trespass on the pt of the workmen and other psons employed in the sd mines: AND will take such reasble means for stopping any such trespass as may be required by the lessor or his agent, and (if so required will discharge from their employmt any workman or person committing such trespass. XXV. AND WILL discharge any workman or other pson To prevent employed in the sd mines who shall [keep a dog, or] poach, poaching. disturb, take, or kill the game or rabbits (d) on any land belonging to the lessor. work near XXVI. AND WILL not at any time do or permit any damage Not to or injury to any house, building, or other erection, or garden buildings, now existing, [or any building hereafter erected for agri- &c. cultural pposes, or with the consent of the lessees (e),] on the lands afsd [or any reservoir on the sd lands], or do or suffer any act or thing whatever which may in any wise tend to the injury or prejudice of the owner, tenant, or occupier thof: AND (in order effectually to avoid such damage or injury) will not allow any workings to be carried within feet of the surface under any such house, building, erection, garden [or reservoir], as afsd, nor within a lateral distance of feet thfrom on any side thof: AND if any damage or injury shall be occasioned to any house, building, erection, garden [or reservoir], by any breach of this covenant, then and in such case will pay to the lessor and his tenants full compensation for such damage or injury [and for all consequential damage caused by the escape of the water from any such reservoir], the amount of such compensation in case of difference to be settled by arbitration: AND will keep the lessor indemnified against all actions, proceedings, claims, and demands, in respect of any such damage or injury. XXVII. AND WILL not work any ground beneath the river To work at within a distance of yards from the bed thof, nor depth beneath the lands coloured in the sd plan within a beneath sufficient river, &c. XXVIII. AND WILL not place or allow any spoil banks or Not to place spoil other rubbish or refuse to be deposited or laid, or any as near (d) See the Ground Game Act, 1880, if the land is demised. houses. To leave barriers at of land. dressing-floors to be made, except at a reasble and sufficient distance from any house or garden. XXIX. AND WILL not work any of the sd mines or minerals boundary lying within the distance of fathoms measured inwards in a horizontal straight line from the limits of the lands afsd, to the intent that the sd mines and minerals lying within the distance afsd shall be left as barriers and wholly undisturbed by any mining operations. To preserve surface mould. To weigh minerals. XXX. AND WILL not cover with ores or rubbish or otherwise waste any meat earth, mould, or soil within the lands afsd, but will as far as circumstances will admit preserve and lay aside the same in heaps on some convenient pt of such lands for the use of the lessor or the occupiers for the time being thof. XXXI. AND WILL place at the entrance to each adit, pit, or working, or in some other convenient place or places upon the lands afsd, to be approved of by the lessor or his agent, one or more good and properly constructed weighing machine or machines, AND will cause to be weighed therein all [coal and other minerals] raised or got under or by virtue of these presents [and also all [coal and other minerals] brought from any adjoining mines through, on, or over the mines and premes hby demised under the liberty in that behalf hinbefore granted], AND will cause the weights or quantities so ascertained to be forthwith duly registered at the weighing house or houses, AND will also at the close of each day cause the total quantity of the [coal and other minerals] weighed as afsd during the day to be entered in proper books of account to be kept for that ppose at the counting-house of the sd colliery [mines] in such mner that all [coal and other mineral] subjt to galeage, or, "footage," [or way-leave] rents or royalties or in respect whof any exemption is claimed shall be clearly distinguished and shown. XXXII. AND WILL permit the lessor, his agents and servants, may inspect at all reasble times during the sd term to inspect and test weighing machines. the accuracy of the weighing machine or machines to be kept as afsd, and the weights used therein. That lessor lessor's ing. XXXIII. AND WILL permit the lessor to employ a person to That be present at the weighing of all [coal and other minerals] agent may weighed as afsd, and to keep an account thof and to check be present at weighthe accounts kept by the lessees. XXXIV. AND WILL not employ as weigher any pson who That lessor shall be objected to by the lessor, or his agent, for any to weigher. reasble cause, and if any dispute shall arise as to the reasonableness of such objection the same shall be referred to arbitration. may object notice to xxxv. And wilL give twenty-four hours' notice in mner To give afsd to the lessor, or his agent, of the time of the weighing lessor of [or division] of the copper, copper ore, tin, tin ore, lead, time of weighing lead ore, and other metals, ores, and metallic minerals raised minerals. or got by virtue of these presents. account of ores sold. XXXVI. AND WILL within two days after the delivery or To deliver consignmt of any ores, metals, or minerals to or on account of any pchaser or pchasers thof deliver to the lessor, or his agent, a just account in writing of the ores, metals, or minerals so delivered or consigned with sufficient parlars as to price, time of paymt, and otherwise. accounts. XXXVII. AND WILL at all times keep at the counting house To keep or office of the sd mines accurate and regular accounts containing full entries of all [coal] and other minerals raised or got by virtue of these presents [and made marketable and of the sales thof] and of the times of the removal of the same from the premes, togr with all such parlars of weights, quantities, dates, [sales,] and other facts and circes. as may be necessary or proper, AND WILL if required verify such accounts by the statutory declaration of their clerk or book-keeper and also of the lessees themselves, so far as their knowledge extends. accounts XXXVIII. AND WILL on each of the half-yearly days hinbe- To deliver fore appointed for paymt of rents and royalties deliver to half-yearly. the lessor, or his agent, a true account showing the total amount of [coal and other minerals] raised or got during the preceding half year by virtue of these presents, and distinguishing the amount of [coal and other minerals] To keep plans of mines. To allow lessor to inspect accounts subjt to galeage, or, "footage," rents or royalties from the amount in respect of which any exemption is claimed [and the parlars of all sales thof] [and also an account of all [coal and other minerals] brought from any adjoining mines through or over the mines and premes hby demised under the liberty in that behalf hinbefore granted] AND WILL if required verify such accounts, &c., as in preceding form. XXXIX. AND WILL at all times during the sd term keep [and will, on each of the half-yearly days hinbefore appointed for paymt of rents and royalties, deliver to the lessor, or his agent] true and correct plans and sections of the mines hby demised and all the workings thof, [and of any mines worked through or the minerals from which are brought through, under, or over the mines and premes hby demised] [and of all seams, veins, or lodes which shall have been discovered therein], upon which the extent, position, and actual condon of the works shall at least once in every halfyear be accurately set forth and delineated; such plans and sections to be made to the scale of one in on the horizontal or ground plane, and of one in —— in the vertical plane, [and to be kept at the counting house of the sd mines]. XL. AND WILL permit the lessor, or his agents, at all reasble times to have access to and inspect and take copies of or extracts from the books of account, plans and sections, and plans. to be kept as afsd. To deliver lists of XLI. AND WILL on the day of — in every year workmen. during the sd term, or within days thereafter, deliver to the lessor, or his agent, a full and true list of the names of all the persons employed in working the sd mines, specifying the names of the miners or labourers who during the year next preceding such day of shall have To mark been employed in working or driving each seam or lode. XLII. AND WILL make and maintain distinct and wellboundaries secured marks in the roof, side, or other convenient pt of every level or headway which shall cross the boundary of the of mines. |