interfere

XX. AND WILL not interrupt or interfere with any existg road, Not to rly, tramway or other communicon, or with the natural course with roads of any stream or water-course save as hby expressly authorised: or streams. AND will not throw any spoil, rubbish, or refuse into any stream flowg through the lands afsd.

XXI. AND WILL forthwith or as soon as required by the lessor or his agent [upon or within a suitable pce or pces of land to be from time to time, as occasion shl require, set apt & appropriated for this ppose by the lessor or his agent], dig & construct for the interception, reception, & purifying & cleansg of the minl water comg from the dressg-floors, or any of them, bfe such water shl fall or be permitted to flow (directly or indirectly) into the river or other natural channels of drainage, a sufft no. of pits of sufft dimensions, & of such constron in all respts, as shl be pperly adapted for purifying & cleasng the sd minl water, & in case of any further measures being required for that ppose will take & carry out such further & other necy & reasble measures as may be required for the efficient purificon & cleansg of the sd minl water bfe the same is permitted to flow into the sd river or other natural channels of drainage, the no. & dimensions of such pits, & the choice in other respts of the pper means for that ppose, & any incidental question in relon thto, in case of dispute, to be settled by arbitron.

To make slime pits for purify

ing mineral

water.

water

XXII. AND WILL return all water wch shl have been taken or To return intercepted from the river for workg the water or pumpg taken from wheels, or for any of the other pposes of the sd mines & river. works, to the same river, or deliver the same for the use of the lessor or the lessees of other mines belongg to him, at such point or points on the lands afsd, & at such level as may be reasbly prescribed in that behalf by the lessor or his agent.

required

XXIII. AND WILL not do or suffer any act or thing whby any Not to stream, spring, or other water wch shl or may be used for take water workg any mill or machine shl or may be in any mner lessened for mills. or injuriously affected.

of work

XXIV. AND WILL erect & keep pper gates & fences for protectg To prevent the tenants & occupiers for the time being of the sd lands from trespassing any trespass on the pt of the workmen & other psons employed men. in the sd mines: AND will take such reasble means for stoppg any such trespass as may be required by the lessor or his

To prevent poaching.

Not to work near

&c.

agent, & (if so required) will dischge from their employmt any workman or pson commitg such trespass.

XXV. AND WILL dischge any workman or other pson employed in the sd mines who shl [keep a dog, or] poach, disturb, take, or kill the game or rabbits (a) on any land belongg to the lessor.

XXVI. AND WILL not at any time do or permit any damage or buildings, injury to any house, bldg, or other eron, or garden now existg, [or any bldg hrafter erected for agricultural pposes, or with the consent of the lessees (b),] on the land afsd [or any reservoir on the sd lands], or do or suffer any act or thing whatever wch 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 workgs to be carried within feet of the surface under any such house, bldg, eron, garden [or reservoir], as afsd, nor within a lateral distance of feet thfrom on any side thof: AND if any damage or injury shl be occasioned to any house, bldg, eron, garden [or reservoir], by any breach of this covt, then & in such case will pay to the lessor & his tenants full compenson for such damage or injury [& for all consequential damage caused by the escape of the water from any such reservoir], the amt of such compenson in case of diffce to be settled by arbitron AND will keep the lessor indemnified agst all actions, pedgs, claims, & demands in respt of any damage or injury.

To work at

sufficient

depth

beneath

river, &c.

Not to

XXVII. AND WILL not work any ground beneath the river within a distce of

the lands coloured

yards from the surface.

yards from the bed thof, nor beneath in the sd plan within a distce of

XXVIII. AND WILL not

place or allow any spoil banks or other

place spoil rubbish or refuse to be deposited or laid, or any dressg-floors

banks near

houses.

To leave barriers at boundary of land.

to be made, except at a reasble & sufft distce from any house or garden.

XXIX. AND WILL not work any of the sd mines or minls lying within the distce of fathoms measured inwards in a horizontal straight line from the limits of the lands afsd, to

(a) See the Ground Game Act, 1880, if the land is demised.
(b) See p. 795, note.

the intent that the sd mines & minls lying within the distce afsd shl be left as barriers & wholly undisturbed by any

mining operons.

XXX. AND WILL not cover with ores or rubbish or orwise To preserve surface waste any meat earth, mould, or soil within the lands afsd, se but will as far as circes will admit preserve & 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 To weigh workg, or in some other convenient place or places upon the minerals (c). lands afsd, to be approved of by the lessor or his agent, one or more good & pperly constructed weighg machine or machines, AND will cause to be weighed thrin all [coal & other minls] raised or got under or by virtue of these psnts [& also all [coal & other minls] brought from any adjoing mines through, on, or over the mines & premes hby demised under the liberty in that behalf hinbfe grted], AND will cause the weights & quantities so ascertained to be forthwith duly registered at the weighg house or houses, AND will also at the close of each day cause the total quantity of the [coal & other minls] weighed as afsd durg the day to be entd in pper books of acct to be kept for that ppose at the countg-house of the sd colliery [mines] in such mner that all [coal & other min] subjt to galeage, or, “footage," [or way-leave] rents or royalties or in respt whof any exemption is claimed shl be clearly distinguished & shown.

XXXII. AND WILL permit the lessor, his agents & servants, at That lessor all reasble times durg the term to inspect & test the accuracy weighing may inspect of the weighg machine or machines to be kept as afsd, & the machines. weights used thrin.

lessor's agent may

XXXIII. AND WILL permit the lessor to employ a pson to That be psnt at the weighg of all [coal & other minls] weighed as afsd, & to keep an acct thof & to check the accts kept by the be present at weighlessees. ing. XXXIV. AND WILL not employ as weigher any pson who shl That lessor be objected to by the lessor, or his agent, for any reasble may object to weigher. cause, & if any dispute shl arise as to the reasbleness of such objon the same shl be refd to arbitron.

(c) As to coal mines, see 50 & 51 Vict. c. 58, ss. 12-15.

To give notice to lessor of time of

weighing minerals.

To deliver account of ores sold.

To keep

accounts

(a).

To deliver

accounts

xxxv. AND WILL give twenty-four hours' notice in mner afsd to the lessor, or his agent, of the time of the weighg [or divon] of the copper, copper ore, tin, tin ore, lead, lead ore, & other metals, ores, & metallic minls raised or got by virtue of these psnts.

XXXVI. AND WILL within two days after the delivery or consignmt of any ores, metals, or minls to or on acct of any pchaser or pchasers thof deliver to the lessor, or his agent, a just acct in writg of the ores, metals, or minls so delivered or consigned with sufft parlars as to price, time of paymt, & orwise.

XXXVII. AND WILL at all times keep at the countg-house or office of the sd mines accurate & regular accts containg full entries of all [coal] & other minls raised or got by virtue of these psnts [& made marketable & of the sales thof] & of the times of the removal of the same from the premes togr with all such parlars of weights, quantities, dates, [sales,] & other facts & circes as may be necy or pper, AND WILL if required verify such accts by the statutory declaron of their clerk or book-keeper & also of the lessees themselves, so far as their knowledge extends.

XXXVIII. AND WILL on each of the half-yrly days hinbfe half-yearly. appted for paymt of rents & royalties deliver to the lessor, or his agent, a true acct showg the total amt of [coal & other minls] raised or got durg the precedg half-yr by virtue of these psnts, & distinguishg the amt of [coal & other minls] subjt to galeage, or, "footage," rents or royalties from the amt in respt of wch any exemption is claimed [& the parlars of all sales thof] [& also an acct of all [coal & other minls] brought from any adjoing mines through or over the mines & premes hby demised under the liberty in that behalf hinbfe grted] AND WILL if required verify such accts, &c., as in precedg form.

To keep plans of

mines (b).

XXXIX. AND WILL at all times durg the sd term keep [& will, on each of the half-yrly days hinbfe appted for paymt of rents & royalties, deliver to the lessor, or his agent] true & correct plans & sections of the mines hby demised & all the workgs thof, [& of any mines worked through or the minls from wch

(a) As to coal mines, see 50 & 51 Vict. c. 58, s. 33.

(b) As to coal mines, see 50 & 51 Vict. c. 58, ss. 34, 38. As to other mines, see 35 & 36 Vict. c. 77, s. 19.

are brought through, under, or over the mines & premes hby demised] [& of all seams, veins, or loads wch shl have been discovered thrin], upon wch the extent, posson, & actual condon of the works shl at least once in every half-yr be accurately set forth & delineated; such plans & sections to be made to the scale of one in on the horizontal or ground plane, & of one in — in the vertical plane, [& to be kept at

the countg-house of the sd mines].

XL. AND WILL permit the lessor, or his agents, at all reasble To allow times to have access to & inspect & take copies of or extracts from the books of acct, plans & sections, to be kept as afsd.

in every yr durg

lessor to inspect accounts and plans. To deliver

workmen.

XLI. AND WILL on the day of the sd term, or within days thrafter, deliver to the lessor, lists of or his agent a full & true list of the names of all the psons employed in workg the sd mines, specifying the names of the miners or labourers who durg the yr next precedg such day of shl have been employed in workg or drivg each seam or lode. XLII. AND WILL make & maintain distinct & well-secd marks in the roof, side, or other convenient pt of every level or headway wch shl cross the boundary of the mines & premes hby demised into or out of any adjoing mines & workgs so as to enable the lessor or his agent, at all times to determine the accuracy of the surveys kept by the lessees, & of the return of minls based thron.

To mark boundaries of mines.

inspect

XLIII. AND THAT the lessor, or his agents, servants, & To allow workmen shl be at liberty at all reasble times durg the sd lessor to term to enter into & upon, & to inspect the mines hby demised, workings (c). & the works belonging thto, & any adjoing mines or workgs carried on or worked in connon thwith, & to make surveys & plans thof, & aftwds to return thfrom witht any hindrce or interruption, & shl for such pposes be at liberty to use the machy & plant employed in or about the sd mines & works, & shl be effectually assisted by the agents, workmen, & servants of the lessees.

XLIV. AND WILL make & keep in repair pper bridges & pas- To make bridges, sages for the safe & convenient passage of the occupiers for the &c., for time being of the sd lands, & other psons, & their cattle, carts, conveni

(c) See also p. 768, form XXII., and p. 800, form vii.

ence of

occupiers.