and

better working the said mines to use all roads, ways, paths, and
passages, and to make roads, ways, paths, and passages, and all
convenient and necessary canals, basins, wharfs, quays, bridges,
erections, buildings, glass-houses, smelting houses, forges, fur-
naces, and works for the better working of the said mines,
washing or smelting the said ironstone, burning of the said
limestone, converting the said coal into coke, making of glass,
bricks, and tiles, and, as far as the said A. B. lawfully can or
may, for the shifting, changing, altering, repairing, amend-
ing, pulling down, or removing of the whole of the said
erections, buildings, and materials, erected, built, or made,
and to be made or built, by the said W. P. and B. P., their
executors, administrators, or assigns, from and off the said
lands and grounds, as to the said
their exe-
cutors, administrators, and assigns, should from time to time
appear just and reasonable, during the continuance of this
said lease now in recital; And also with full and free liberty,
power, and authority, so far as the said A. B. has the liberty
to lease the same, to make, lay, and place, and to enjoy and
use in, through, upon, and over the said lands and grounds,
or any part or parts thereof, canals, basins, railways, waggon
ways, by-ways, and side ways, and all other way-leaves which
the said A. B. was enabled and empowered exclusively to
lease in, through, over, and along the said lands and grounds,
the fetching and carrying the said coal, kannel, culm, slack,
gravel, clay, limestone, ironstone, minerals, and fossils, and
for the better use and enjoyment of the premises hereby let
in manner aforesaid: Saving and reserving to the said A. B.,
and his tenants and assigns, and to the person and persons
who for the time being should be entitled to the rents, re-
servations, or royalties thereby reserved, and his and their
agents, stewards, bailiffs, workmen, servants, and labourers,
uninterrupted right of way and passage across, through, over,
and along the said ways, roads, paths, and passages already
made and opened, and which should at any time hereafter,
during the continuance of the said term thereby demised,
be made or opened, at all times, at their free will and plea-
sure; And together also with full and free liberty, power, and
authority to and for the said W. P. and B. P., their executors,

administrators, and assigns, to make and erect all convenient and necessary buildings, workshops, workmen's houses, cabins, hovels, sheds, stables, smith's shops, furnaces, forges, kilns, engines, bridges, quays, wharfs, and all other erections, matters, and things which should in the judgment of the said W. P. and B. P., their executors, administrators, or assigns, be proper, conducive, or necessary for working and winning the said mines and minerals, laying, placing, stacking, stowing, and exposing the said materials, and converting, manufacturing, selling, and disposing of the same to the greatest advantage; And also to amend, repair, change, alter, shift, take down, and remove the same from time to time as to them should seem meet and reasonable, and with the like full and free liberty, power, and authority for the said W. P. and B. P., their executors, administrators, and assigns, to lay, place, stack, stow, and expose to view and sale the said coals, kannel, culm, slack, limestone, ironstone, clay, sand, gravel, bricks, tiles, and other materials, upon any part of the said lands and grounds, and the same there also to burn, manufacture, and convert in whatever manner to him and them should appear reasonable and proper, with full, free, and uncontrouled access, regress, and commonancy to, from, in, upon, or under the said lands and grounds, for and by the agents, workmen, labourers, servants, horses and other beasts or cattle, waggons, carts and other carriages, with all tools, engines, machines, and materials proper or necessary for carrying on the said works, and for converting and disposing of the produce of the said mines as aforesaid, without any let, trouble, hindrance, molestation, or interruption of the said A. B., or the person or persons to be entitled to the reversion of the premises thereby demised, or intended so to be, for and during the said term of twenty-one years as aforesaid, they the said W. P. and B. P., their executors, administrators, and assigns, doing or causing as little damage as may be to the surface of the said lands and grounds, and making full and reasonable satisfaction to the present and all future tenants of the same for whatsoever loss, injury, or damage they or any of them should or might have borne, suffered, or sustained by or from the boring, searching, and digging

In a deed of confirmation.

for coal, limestone, ironstone, gravel, sand, clay, or any other of the aforesaid materials, or sinking, working, or winning the said pits and mines and minerals thereby demised, or making lime, bricks, tiles, or glass, or raising, placing, stacking, stowing, and exposing for view and sale the said coal, coke, ironstone, bricks, tiles, clay, or any of the matters aforesaid, on the surface of the said lands and grounds, making and driving canals, tunnels, sloughs, levels, or drains, or making roads, railways, waggon-ways, by-ways, paths, and pathways, erecting buildings, or planting any houses, offices, walls, forges, furnaces, wharfs, quays, bridges, or engines, or making, causing, or doing any trespass, encroachment, or other matter or thing which should be prejudicial, hurtful, or injurious to the said tenants, or any of them, at any time during the said term of twenty-one years thereby demised; the amount of such damages to be from time to time fixed and ascertained by two indifferent persons, one to be named by the respective tenants, and the other of them by the said parties thereto of the second part, their executors, administrators, or assigns; and if such two persons so to be named should disagree, then such damage to be fixed and ascertained by a third person, or be named by such two persons; such damage or proportion to be paid within six calendar months after any such damage should have happened respectively.

XIII. All such part or share (a), parts or shares (if any), of her the said C. D. of and in all &c., mentioned and described in the within-written Indenture, as was or were intended (b) to be thereby conveyed and assured, unto and to the use of the said A. B., his heirs and assigns, and

(a) A former vendor, seised either of one-third or of two-thirds of one third, conveyed, by the description of "all that her full third part or share" &c., without the usual words "or other part" &c. It not being ascertained whether she had an entire third or not, in a deed of confirmation, to obviate the doubt whether the two-thirds of one-third passed by the description of a full third, the parcels were as above.

(b) The deed had previously recited, that it was the intention of the parties to the original conveyance, that the said one-third part or share, or as the case should happen, two-thirds of one third part or share, should be thereby conveyed and assured.

was or were not effectually conveyed and assured to him and them by the said Indenture.

and part customary freehold,

render.

XIV. All such and so many and such parts of all that Part freehold, farm, and those messuages or tenements, lands and hereditaments, situate at &c., in the county of &c., now or late in the passing by surpossession or occupation of &c., his under-tenants or assigns, at the yearly rent of &c., as are of freehold tenure and may be [customary or copyhold tenure and may not be] lawfully and rightfully conveyed by indentures of lease and release, which said freehold [customary or copyhold] lands do consist, or are supposed to consist of the several parts or parcels hereinafter mentioned, (that is to say), All &c.

hold.

XV. And also so much and such part, if any, of and in Part freehold and part copythe other closes, pieces, or parcels of land purchased by the said A. B. as aforesaid, and herein before described, as are of copyhold tenure, with their respective rights, members, and appurtenances, (being all or part of the copyhold lands and hereditaments to which the said C. D. was admitted at a court held for the said manor of B., on the &c., and being part of the lands the ground plot whereof is set forth or delineated in the said map or plan drawn in the margin of these presents); And also all and singular and such and so many and such parts &c., as are held for an estate of freehold and inheritance of and in all &c. (a).

fects.

XVI. All the three-seventh parts, shares, and proportions Shares of coof him the said A. B. of and in all and singular the goods, partnership efwares, merchandizes, stock in trade, debts, effects, matters, and things belonging, due, and owing to the said A. B. and C. D., as copartners or joint-traders, or in respect of their said copartnership or joint-trade, other than and except the several debts particularly specified in the said schedule hereunto annexed; and all the right, title, interest, property, claim, and demand whatsoever of the said A. B. of, in, or to the said several premises, other than and except as aforesaid.

(a) Vide Vol. I. book ii. chap. v.

In an assignment of copyright.

Debt and dividend, &c.

In release of dower.

Real and per

sonal estate in a conveyance by

trustee.

XVII. The copyright of all that book or publication in four volumes, entitled &c., and all right, title, and interest in and to the same book or publication; And also all such parts as are already printed, and such parts thereof as from time to time shall be printed, as far as the said A. B. is interested in the same, and also the money which from time to time shall become payable to him for the said copyright or for the said books.

XVIII. The debt or sum of £, and the dividends and sums of money to arise from and be received thereon, under the fiat of bankruptcy mentioned in the said indenture indorsed on the within-written Indenture, or otherwise, and all benefit and advantage thereof; And also all those several sums of &c., and the promissory note, lease, bill of sale, and securities mentioned in the said indenture as aforesaid.

XIX. All the dower and thirds, and right and title of dower and thirds at the common law, or otherwise, which she the said A. B. hath, or can, or may, or otherwise might have, claim, challenge, or demand of, in, to, or out of all and singular the manors, capital and other messuages, lands, woods, underwoods, hereditaments, and real estate, late of or belonging to the said C. B., deceased, situate, lying, and being in the county of D., and of, into, and out of the rights, members, and appurtenances thereto belonging; And all the estate &c.

XX. All and singular the messuages, lands, tenements, and hereditaments, real and leasehold estates whatsoever and wheresoever, and of what nature or kind soever, and all and singular the goods, wares, merchandizes, stock in trade, book and other debts, sum and sums of money, mortgages, bonds, bills, notes and other securities for money, credits, balances, effects, and things, and all and singular other the real and personal estate of or to which the said A. B. became seised, possessed of, or entitled to, under the said hereinbefore recited will and codicil of the said testator, upon trust as aforesaid, in possession or by way of future or contingent interest, or otherwise howsoever, with all and singular the