MINES.

the works.

and affigns, paying unto the faid W. E. and M. J. their executors, adminiftrators, or affigns, as good a price or as much money for fuch ore as they or any of them can get or procure elsewhere for the fame, at the feveral and refpective times that the and to enter in faid lead ore is or fhall be offered or expofed to order to infpect fale: AND FURTHER that it fhall and may be lawful to and for the faid earl, his heirs or affigns, and his or their agents, workmen, and fervants, at all times during the faid term, to enter into and upon the mines and works hereby demised, or any part thereof, and to go down any of the pit or pits, fhaft or fhafts, which now are or fhall or may be hereafter funk, opened, or made in, upon, or under the faid premifes, or any part thereof, and from time to time, when he or they fhall think fit, to view, dial, and examine the fame, and the state and condition and manner of working thereof, without receiving any interruption or hindrance whatsoever in doing thereof by or from the faid W. E. and M. J. or either of them, their or either of their exécutors, adminiftrators, or affigns, or their or any of their agents, fervants, or workmen; and for the purpose of going down the faid pits or fhafts, the faid earl, his heirs and affigns, and his and their agent, workmen, and fervants, fhall have the use of the ropes, turn-trees, and other materials of or belonging to the faid mines or works neceffary and convenient for going down the said pits or fhafts; and in the measuring, dialing, and examining of the faid mines or works, fhall be effectually affifted by the faid W. E. and M. 7. their Leffee to leave executors, adminiftrators, and affigns, and their the premises in agent, workmen, and fervants. AND ASLO that the end of the they the faid W. E. and M. 7. their executors, term. administrators, and affigns, fhall and will, at the end of the term hereby demifed, leave all and every the fhafts which now are or at any time or

good repair at

MINES.

Power of re

profecuting the

works;

or neglect to weigh up the ore,

and give notice thereof, or to

times hereafter shall be funk in or upon the faid premifes, or any part thereof, open and in good entry in cafe and fufficient repair. PROVIDED ALWAYS, that jeffees fhall not if the faid W. E. and M. J. their executors, admilay out the above-menti- ftrators, or affigns, fhall fail or omit, within the oned fum in faid fpace of three years from the day of the date hereof, to lay out and expend the said sum of —— at the least in profecuting the faid mines and works intended to be carried on in the faid demifed premifes, or fome part thereof; or fhall during the faid term neglect or omit to weigh up, or caufe to be weighed up, all fuch lead ore and matters to make lead of, and calamine or ftone called lapis calaminaris, as fhall be refpectively gotten as afore faid, and that well dreffed, wafhed, and made merchantable and fit for fmelting, within three pay the rent, months at the furtheft after the digging or getting thereof; or to give fuch notice before the weighing up thereof as is hereinbefore mentioned; or if the faid W. E. and M. 7. their executors, adminiftrators, or affigns, fhall neglect or omit or truly fatisfy, content, and pay, or caufe to be well and truly fatisfied, contented, and paid unto the said earl, his heirs or affigns, any fum or fums of moor hall affign ney hereby referved and made payable according to the reservation aforefaid, and the true intent and meaning of their covenant in that behalf; or if the faid W. E. and M. J. their executors, administrators, and affigns, or any of them, fhall and do, at any time hereafter during the term hereby demised, fet, let, demife, affign, or transfer over the mines and premifes mentioned to be hereby granted, or any part thereof, to any perfon or perfons whomfoever, except to fome or one of their own family, without the licence and confent of from taking a the faid Earl, his heirs and affigns, first had and obtained in writing for that purpose; (but nevertheless it is hereby agreed, and the faid earl doth

the premises;

(but not to prevent them

or hinder leffor

to infpe&t.

hereby covenant, that the faid W. E. and M. J. MINES. their executors, adminiftrators, or affigns, fhall and may, at any time or times during the term partner, ap proved by herein demised, be at liberty to take one or more lessor ;) partner or partners to be concerned with them in carrying on and working the faid mines, and in the management and profits thereof, fuch partner or partners being firft approved of by the faid Earl, his heirs or affigns, or his or their principal agent for the time being; (or if the faid W. E. and M. 7. or either of them, their or any of their exe- from entering cutors, adminiftrators, or affigns, fhall hinder or refuse the said earl, his heirs or affigns, or his or their agents, workmen, and fervants, or any of them, to go in to dial, view, and examine the faid mines and works, or any of them, that then and in any of the faid cafes it fhall and may be lawful to and for the faid earl, his heirs or affigns, into and upon the fhafts and pits then and there undemolished and not pulled down, to enter, re-poffefs, and enjoy the fame, and the produce thereof, to' his and their own ufe and benefit, as fully and effectually to all intents and purposes whatsoever as if these presents had not been made; any thing herein contained to the contrary thereof in any wife notwithstanding. AND the faid earl, for himself, Covenant by his heirs, executors, adminiftrators, and affigns, leffor for quiet doth covenant, promife, and agree to and with the faid W. E. and M. 7. their executors, adminiftrators, and affigns, by these prefents, that they the faid W. E. and M. 7. their executors, adminiftrators, and affigns, at and under the farms, covenants, payments, provifos, agreements, and refervations, fhall and lawfully may, peaceably and quietly have, hold, occupy, poffefs, and enjoy, all and fingular the hereinbefore demifed premises, with the appurtenances, and have, hold, occupy, poffefs, and enjoy, take, and carry away, to their own proper use and uses, all the lead ore, booze, and smy-:

enjoyment.

PREBEND. tham, or matters to make lead.

AND alfo all the calamine, or ftone called lapis calaminaris, that fhall be therein or in any part thereof gotten during the term hereby demifed, without any matter of let, denial, interruption, or hindrance of, by, or from the faid earl, his heirs or affigns, or of any other perfon or perfons whatsoever lawfully claiming or to claim by, from, or under him or them. IN WITNESS, &c.

Demife of pre

bend and house.

Leafe of a Prebend, Meffuage, &c. for three Lives.

THIS INDENTURE, made, &c. between the Rev. D. E. of, doctor of laws, prebendary of the prebend of -- in the county of, of the one part, and N. D. of of the other part,

WITNESSETH, that the faid D. E. for and in confideration of the furrender of a former leafe made by him as prebendary of the prebend of aforefaid of the premises hereinafter mentioned to the faid N. D. by indenture bearing date the day of ——, and of the rents, refervations, covenants, conditions, and agreements hereinafter in and by these presents referved and expreffed refpectively, and for other good caufes and confiderations him the faid D. E. thereunto moving, HATH demised, granted, and to farm letten, and by these prefents doth demife, grant, and to farm let unto the faid N. D. all that the prebend of, in the faid county of- —, by whatsoever name or names the fame hath been called or known, with all and fingular the rights, members, and appurtenances thereof; and alfo all the meffuage, &c. which meffuage and tenement is part of and belonging unto the faid prebend; and alfo all and fingular the meffuages, houfes, edifices, buildings, barns, ftables, gardens, orchards, glebe-lands,

three lives.

tithes, tenths, oblations, obventions, fruits, pro- PREBEND. fits, commodities, emoluments, and hereditaments, whatsoever, with all and fingular the rights, members, and appurtenances to the faid prebend of -, or any part or parts thereof belonging, or reputed to be belonging or appertaining, or with the fame or any part or parts thereof now or heretofore ufed, occupied, or enjoyed, demised or letten, or accepted, reputed, or taken as part, parcel, or member thereof, or as belonging thereunto, or to any part or parts thereof; (except and always referved out of this prefent demife unto the faid D. E. and his fucceffors, prebendaries of the prebend aforefaid, the advowfon, donation, prefentation, and patronage, from time to time and at all times, of and to the vicarage of, in the famé county,) TO HAVE AND TO HOLD the faid prebend To hold for of, meffuage or tenements, houses, barns, tithes, oblations, obventions, lands, tenements, and hereditaments, and all and fingular other the premises hereinbefore mentioned, or intended to be hereby demifed and granted, with all and fingular their appurtenances, (except as before excepted,) unto the faid N. D. his heirs and affigns, from the making hereof, for and during the natural lives of W. B. R. W. and F. D. and the life of the longest liver of them, YIELDING AND PAYING therefore yearly during the said term unto the faid D. E. and his fucceffors, prebendaries of the prebend aforefaid, the yearly rent or fum of- of lawful money of Great Britain, at two of the moft ufual feafts or times of payment in the year; (that is to fay,) the feafts of the Annunciation of the Bleffed Virgin, Mary and St. Michael the Archangel, by even and equal portions during the continuance of this demife; and if it Power of refhall happen that at any time hereafter during the entry, on nonterm aforefaid the faid yearly rent of, or any rent.

VOL. IV.

Gg

payment of