and iron works for the better flaxing and improving the said ironstone to be raised out of the said mines, not thereby lessening the quantity of 3,120 blooms to be annually got and raised out of the said premises thereby demised.

The said indenture also contained a corresponding covenant by the lessors, at all times during the continuance of the demise to continue to work the mines then open, and raise and get the thick coal in and under the several closes of land therein before mentioned, and to sell and deliver to the lessee at least two hundred tons of coal weekly, in case they could get and raise so much from the said works; and not to sell to any other person until they should have supplied the lessee.

The case then stated that the lessors, and, after their decease, the plaintiffs, continued to raise the coal during the lease, and at the time of the alleged breach were occupiers of the coal pits; and that they failed to supply sufficient coal, but supplied all that could be got from the pits; and the defendants were able to procure coals from other collieries at the market price.

At the time of the alleged breach of covenant, there was not any insufficiency in the supply of ironstone from the said demised mines, there being, at the time that the furnaces were put out, between twenty and thirty acres of ironstone ungot, which the defendants might have got for the supply of the furnaces.

The ironstone so remaining ungot was of a kind called new mine, and incapable of making salable pig iron without the mixture of a richer ore called blue flats, or of an ore called Lancashire ore, but no blue flats or Lancashire ore were produced from the mines demised to the defendants as aforesaid, and the new mine stone had been got and smelted by the defendants and their predecessors from the same mines for many years prior to the year 1841, and the time of the said alleged. breach of covenant; but, at the commencement of the lease, and for a long period during the lease, a richer ore, called the "gubbin stone," lying nearer to the surface, and above the new mine, was got and smelted by the defendants, and it was not till the exhaustion of the gubbin stone that they began to work the lower stratum of inferior ore called new mine.

The plaintiffs, in their declaration, also assigned breaches

on the several covenants by the lessee to pay the rent of 38. a bloom for every bloom of ironstone to be got during the term, and also to raise not less than 780 blooms of ironstone per quarter, or to pay £468 yearly, by way of rent, every year that he should not raise 3,120 blooms of ironstone.

On these breaches the defendants paid money into court, which the plaintiffs took out in satisfaction of the same, and the defendants have in fact paid 38. per bloom for every bloom of ironstone actually raised by them during the last year of the said term, and also the sum of £468 in respect of the quantity by which the amount raised in that year had fallen short of 3,120 blooms. But the two furnaces, if both of them had been effectually worked during the whole of the last year of the term without intermission, would have consumed a far greater quantity than 3,120 blooms of ironstone.

The said indenture also contained a further covenant, that he, the said J. A. Addenbrooke, his executors, administrators or assigns, should and would, from time to time, and at all times during that demise, well and sufficiently repair, amend, maintain, scour, cleanse, preserve and keep in good, sufficient and tenantable order and repair, all the gates, rails, stiles, hedges, ditches, mounds and fences of and belonging to the said hereby demised lands and premises, and the furnace and furnaces, fire engine, iron works, dwelling houses and other erections and buildings to be erected and built by the said J. A. Addenbrooke, his heirs, executors, administrators or assigns, on the said demises lands and premises, he and they being allowed to get clay (other than and except fire clay), from time to time upon the said premises, if there to be found, for making of bricks, tiles and other articles for erecting, building, altering and repairing the said furnace and furnaces, fire engine and other erections and buildings, or otherwise, for the use of the works to be carried on by the said J. A. Addenbrooke, his executors, administrators or assigns, and to be used on the premises only; and the said furnace and furnaces, fire engine, iron works, dwelling houses and all other erections, buildings, improvements and alterations, to be thereinafter erected, built or set up (except the fron work castings, railways, gins, wimseys, machines and the movable implements and materials used in or about the said

furnaces, fire engines, iron works, stone pits and premises), so repaired, amended and kept in repair as aforesaid, should and would, at the expiration or other sooner determination of the lease, quit, leave, surrender and yield up into the hands and quiet possession of the said lessors, without any molestation, hindrance or interruption whatsoever. Upon this the plaintiff's assigned a breach in the words of the covenant, that the defendants did not repair nor leave in repair at the end of the lease, but, on the contrary, part of the furnaces, etc., being other than the iron work, etc., was by the defendants wrongfully pulled down and removed, and the furnaces, etc., being other than the iron work, etc., were suffered to be and continue, and at the expiration of the lease were left, in bad order and condition for want of repair.

To this breach the defendants pleaded, first, a special traverse of the breach, and averred that the defendants did well and sufficiently repair the said gates, etc., and the said furnace, fire engines, iron works, etc., and yield up the same so repaired, other than the iron work castings, etc., according to the covenant, absque hoc, etc; secondly, that the said matters and things in that breach complained of were, and each and every part thereof was done and occasioned under, by virtue, and in execution of the said powers, rights, liberties and privileges granted and reserved to the said J. A. Addenbrooke in and by the said indenture of lease in the said declaration above mentioned; thirdly, as to so much of the breach of covenant secondly above assigned as relates to the said gates, etc., and to the said residue of the furnaces, fire engine, iron works, dwelling houses and other erections and buildings, the defendants say, that they, the said defendants, would have kept and performed their said covenant with regard to the same and every part thereof, if the plaintiffs had not entered and come into possession of the said demised lands and premises and obstructed the defendants as hereinafter mentioned. And the defendants, in fact, say that the plaintiffs did, before the time of committing so much of the said breach of covenant as in the introductory part of this plea is mentioned, or any part thereof, to wit, on the first day of January, 1836, and on divers other days and times between that day and the day of the expiration of the said demise, with carts, carriages,

horses and workmen, enter and come into and upon the said demised lands and premises, and put and place divers large quantities of dirt, ashes, rubbish, coal and other substances upon the said demised lands and premises, and near to, in and upon the said gates, rails, stiles, hedges, ditches, mounds and fences, and near to, about, in and upon the said residue of the furnaces, fire engine, iron works, dwelling houses and other erections, and incumbered, choked up, injured and destroyed the same, and kept and continued the same so incumbered, choked up, injured and destroyed, for a long time, to wit, till the expiration of the said demise; and they, at the said times in the second breach mentioned, hindered and prevented the defendants from performing their said covenant, as to so much thereof as they are alleged to have broken in the part of the said breach by the plaintiffs secondly above assigned. The fourth plea was, as to so much of the breach as relates to the residue of the furnaces, etc., that the plaintiffs wrongfully mined under the demised lands in the breach mentioned, and under the lands adjoining thereto, by reason whereof the residue of the said furnaces, etc., became out of condition without the default of the defendants, whereby they were hindered from performing their covenant.

The plaintiffs joined issue on the first of these pleas; to the second they replied, denying that the matter and things alleged in the breach were done or occasioned under or by virtue or in execution of the powers, rights and privileges granted and reserved to the said J. A. Addenbrooke by the said lease; and to the third and fourth pleas they replied de injuria.

Besides the said two furnaces herein before mentioned, the defendants also built on the first demised close of land very extensive iron works, consisting of casting houses and a forge and mill, together with refineries, furnaces, warehouses, sheds, and buildings necessary and requisite for carrying on the iron trade, and they also built necessary houses for workmen to reside in to carry on the intended iron works,

The indenture of lease contained a proviso, that at the end, expiration, or other sooner determination of the demise, the lessors and their respective heirs should, upon their giving six months' previous notice, in writing, of their intention,

whether they would purchase or not, to the said J. A. Addenbrooke, his executors, etc., have an option of purchasing the several iron castings, railways, gins, wimseys, boilers, machines and movable implements and materials then in use, or being in or about the said furnaces, fire engine, iron works, stone pits, lands and premises, at a price to be determined in the manner therein mentioned; and, in the event of their neglecting to avail themselves of their option in that behalf, then it should and might be lawful to and for the said J. A. Addenbrooke, his executors, administrators and assigns, to remove and carry away, for his and their own use and benefit, all and every the said several iron castings, railways, gins, wimseys, boilers, machines and movable implements and materials then in use, or being in or about the said furnaces, fire engine, iron works, stone pits and premises.

A gin is a windlass fixed in the ground and worked by a horse, for the purpose of drawing minerals out of a mine; a wimsey is a machine of a similar kind, used for the same purpose, but worked by a steam engine.

The plaintiffs did not avail themselves of the said proviso, nor give to the defendants any notice of purchasing the above mentioned articles, and the defendants, before the expiration of their lease, disannexed from the freehold and took away the several articles hereinafter enumerated and particularly described, and in so doing injured and damaged the said furnaces and iron works.

First. A blast steam engine, or fire engine, forming, together with its boilers, regulators and hot air apparatus, one mechanical contrivance for blowing the said furnaces by means of a hot blast.

The boilers of the engine were made of wrought iron and rested on foundations of brick work, called the boiler seats, and were built in and surrounded by flues of brick work, lined with fire brick, proceeding from the boiler grates for the purpose of conveying the flame underneath and around the boilers. The surrounding and superincumbent brick work of the flues held the boilers firmly fixed in their seats, so that they could not be removed without taking away the flues. The boiler grates consisted of bearers of cast iron, set in brick work, with cross-bars and a door-frame and a door also of cast iron.