LEASES AND YEARLY TENANCY. 67 



houses for the accommodation of persons so employed, and to make the necessary 

 pits, roads, and levels, or watercourses. The proprietor also reserves to himself and 

 his foresaids the power of regulating and conducting away springs and streams of 

 water for meal-mills, thrashing-mills, or other machinery, or for watering lands, or 

 for other purposes. The tenant to be indemnified for surface damages only, as the same 

 shall be ascertained by arbiters to be mutually chosen, or by an oversman in the 

 event of difference of opinion. 



6. Marches. The proprietor reserves power to himself to settle all disputed 

 marches, and to make any excambion or transactions with conterminous proprietors, 

 as to him may seem proper ; and also to straighten the marches and settle the 

 boundaries of the farms and crofts on his own estate, and the tenants shall be bound 

 to acquiesce therein : providing that where ground is added to any farm, additional 

 rent shall be paid therefor by the tenant of such farm, at the valuation of arbiters, to 

 be mutually chosen as aforesaid ; and where ground shall be taken from any farm, a 

 corresponding deduction or abatement shall be fixed in like manner. 



7. Roads. The proprietor also reserves power to make roads, in any direction, 

 and to take all the materials for that purpose, without giving any deduction from the 

 rent, or allowance of any kind therefor, unless such roads or operations shall happen 

 to injure corn or grass fields or enclosed ground, in which case the tenant shall be 

 allowed surface damages, as the same shall be ascertained by arbiters or an overs- 

 man, as aforesaid. 



8. Draining. The proprietor also reserves power to make drains, open cuts, and 

 ditches through any part of the lands, either for the drainage of the respective pos- 

 sessions, or of the lands contiguous, and shall not be liable to pay any surface 

 damages therefor, nor shall the tenant be entitled to demand any abatement of rent 

 in consequence thereof. 



9. Commonties. The proprietor also reserves full power, at any period of the 

 leases, to divide or allocate commonties, and to restrict the number of sheep or cattle, 

 which may be kept thereon by the respective tenants, in proportion to the amount of 

 their rents ; and if he sees fit to employ a shepherd to take charge of such sheep and 

 cattle on the common, the tenants shall be bound to pay the shepherd's wages in 

 proportion to the number of stock kept by them, which payments shall be made to 

 the proprietor or his factor, as additional rent. 



10. Mosses. The proprietor also reserves all mosses upon the estates, with free 

 ish and entry thereto, and with full power to enclose, regulate, or divide them as 

 circumstances may render necessary ; and when liberty shall be granted to the 

 tenants to cut peats, they shall be bound to cast them in a regular manner, and on 

 the allotments set apart by the moss grieves (whose regulations and orders the 

 tenants are in all cases bound to obey), and they shall carry the banks equally for- 

 ward without pitting, and lay the surface turf regularly down in the bottom of the 

 peat-hags, and make channels, when necessarj-, to free the hags from water, under a 

 penalty of twenty shillings for each offence, or in default of payment, to be excluded 

 from the moss. The cutting of peats for sale is strictly prohibited, except by special 

 written permission, granted by the proprietor or his factor ; and in the event of such 

 permission being given, a charge of twopence per cart-load in name of lordship 

 shall be leviable by the proprietor. 



11. Woods. The proprietor also reserves the wodds of every description, whether 

 natural or planted, growing or to grow, upon the respective possessions, with power 

 to preserve and enclose the same ; and no tenant shall suffer his bestial or sheep to 

 pasture in any part of the forests or plantations without special agreement with the 



