APPENDIX. 23 



perfon or perfcns not to come upon the faid demifed premifes, or any part thereof, to feck for, 

 liawk,hunt, courfe, chafe, difturb, fhoot, take, kill, or deftroy, any game, fifh, or wild fowl, 

 or to commit any other trefpafs, damage, or injury there or thereupon j and in commencing 

 and profecut ing, and- carrying on any action, fuit, or profecution againft any perfon or perfon s 

 for any. fich tiefpafs, damage, or injury, and fhall not nor will difavow or become nonfuit 

 ki any: fuch a6tion, fuit, .or profecution, or otherwife releafe and difcharge the fame ; he the 

 faid Bartholomew Bell, his executors, adminiftrators and aifigns, being indemnified by the 

 faid Andrew Atkins, his heirs or afiigns, from all cofts, charges, and expenfes that fhaii or 

 iriay be occafioned thereby in anywife.. AND ALSO mall and will grind, or caufe to be ground, . 

 all grift; corn, and grain, that (hall happen to be ufed and fpent upon the faid demifed premi 

 fes, at the Lord s cufiomary mill, in as aforefaid, or in default thereof fhall and 



will render and pay unto the faid Andrew Atkins, hisheirs and affigns, for every buihel of fuch 

 grift or corn that fhall not be ground at the faid mill.* PROVIDED ALWAYS, that if the faid 

 yearly rents, or any or either of them, or any part or parts of them, any or either of them re- 

 fpeclively, orthefaid heriot or farlieu hereby referred and made payable, or any or either of 

 them, or any part of them, any or either of them, fhall be behind, unyielded or unpaid by 

 the fpace of thirty days next after the fame fhall become due and payable, according to the re- 

 fervations aforefaid, and no Efficient diftrefs or diitreffes fhall be found in or upon any part 

 of the faid demifed premifes for levying, and fufficient to anfwer the fame, with the arrears 

 thereof, if any, and all colts and charges to be occafioned by the non-payment, or by the not 

 rendering of the fame j or if the faid Bartholomew Bell, Us executors, adminiftrators, or 

 afllgns, fhall give, grant, or affign the faid demifed premifes, or any part thereof, to any perfon 

 or perfons whomfoever, (other than and except to his or their lawful child or children, and that 

 for the whole of the faid premifes hereby granted) for all or any part of the term hereby 

 granted therein, or for any term or eftate by way of underleafe exceeding one year, without 

 the licence of the faid Andrew Atkins, his heirs or alligns, in writing, under his or their 

 hand or hands, firft had and obtained ;t or if the faid Bartholomew Bell, his executors, ad 

 miniftrators or afllgns, fhall give, grant, or affign only part of the faid premifes, or fhall give, 

 grant, or aflign the whole of the faid premifes to his or their lawful child or children, and 

 fuch child or children fhall give, grant, or affign the fame premifes, or anypart thereof, to any 

 perfon or perfons whomsoever without the like licence ; or if the faid Bartholomew Bell, 

 his executors, adrniniftrators or afllgns, fhall do or commit, or (uffer to be -done or com- 



* If a man is entitled by prefcription to have all the corn of the tenants of a certain manor ground 

 at his mill, an ationon the cafe lies againft any of the tenants who carry their corn to be ground elfe- 

 where. zSaunders, 115. 



But if a man fet up a new mill inthe neighbourhood of an antient one, an action will not lie though 

 a damage may from thence accrue to the old mill, for fuch rivalfhip i$ of public benefit and advantage, 

 and the owner s remedy is as above fluted againfl the cufiomary tenants only who may grind there, i 

 Rolle Abr. 107. w 



f See page 6 fupraas to the power of copyholders to grant leafcs. 



