Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 03

code: 183537-03

Collection code:
183537
File type:
BP - Lease books
Collection:
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Description

Part 2 of 59, (pages 25-44), mineral lease, shale in Houston, 1904

See index of all sixty leases and agreements contained in this volume.


Lease of shale in Houston, south of the fault

between John Campbell Shairp Esq and The Pumpherston Oil Company Limited,

dated 2nd April 1904


It is contracted agreed and ended between the parties following videlicet:- John Campbell Shairp Esquire of Houston in the county of Linlithgow heritable proprietor of the lands and minerals aftermentioned, (the said John Campbell Shairp and his heirs and successors on the proprietors part of this lease being hereinafter referred to as "the proprietor") of the first part, and The Pumpherston oil company limited, incorporated under the companies acts 1862 to 1880, and having their registered office at number One hundred and thirty five Buchanan street Glasgow, (the said The Pumphertson oil company Limited and their successors in the tenants part of this lease being hereinafter referred to as "the tenants") of the second part in manner and to the effect aftermentioned that is to say the proprietor has set and by these presents, in consideration of the rent, lordships and other prestations and obligations after specified hereby sets and in tack and assedation lets to the tenants, with power to them to assign this lease to such other incorporated company or companies as the said Pumpherston oil company Limited may amalgamate with in terms of the powers contained in their memorandum of association and that without any further consent or approval of the proprietor, - and also with power to the tenants to sublet the subjects,........

Assignment of Lease

......... hereby let or assign this lease as a whole to a subtenant or assignee to be approved of in writing by the proprietor, and the tenants always remaining liable for the rent or lordships and preformance of the prestations and obligations afterwritten by excluding all trustees, managers or factor for behalf of creditors, either of the tenants themselves or of any subtenants or assignees to when they may sublet the subjects hereby let or assign these presents in nature of the above powers to that effect in any way or shape and under the conditions after specified all and whole the whole seams of oil or bituminous shales exisitng and unwrought under all and whole that part or portion of the lands and estate of Houstoun in the parish of Uphall and county of Linlithgow lying to the south of a large fault or whindyke believed to run through the said lands nearly parallel to and about three hundred and sixty yards to the south of the public road leading from Edinburgh to Glasgow.....

Description and Extent

...... as the said part or portion of said lands is delivered and coloured red on the plan or sketch annexed and signed as relative hereto: Declaring always that the March on the north shall be the said Fault or Whindyke whatever its true position may be and notwith standing any deliniation or colouring on said plan or sketch, except that should the position of the said fault or Whindyke be found to be north of the line A.B on said plan drawn parallel and one hundred yards south of the south fence of Houstoun policy grounds, the the said line A.B shall form the Northern boundry of the shale field hereby let: reserving always to the proprietor the whole coals, clays, fireclays, limestones,ironstone, firestones and all other metals and minerals of every description, except the seams of oil or bituminous shales hereby expressly let within the portions of the said lands the shales which are hereby let with full power to the proprietor or his tenants or others to search for work, win and carry away the same or any part there of and for that or any other purpose to carry on all necessary works and operations above or below ground, and to use all roads, railways, tramways, and others formed by the tenants, but always in such a way as not to interupt the operations of the tenants in working the shale hereby let, and also;......

Shale under Roads and Railways

........ excepting from this lease all seams of shale under and along the sides of all public roads and railways running through the said portion of said lands acquired by the road authorities or railway company and the working of which may be contrary to law or beyond the power of the proprietor: Declaring that the proprietor shall not be held as warranting in any way the seams of shale under, adjacent to and along the sides of the said public roads and railways against the power of the authorities or railway company to acquire the same under statutory powers or otherwise: But in the event of any such seams of shale being so acquired the prices reserved therefor shall belong to the tenants but the shale so acquired shall be taken into account in ascertaing the royalty to be paid by the tenants and that in all respects as if the said shale had been actually wrought out by the tenants and in the year in which the tenants shall receive the price thereof; providing always that in the event of the tenants working under or within five yards of any roads they shall be bound securely to pack and underbuild the ground so as to present any damage being done, and also that the tenants shall observe and comply with all statutory provisions with reference to the working of minerals under and adjacent to railways and giving due previous notice to the railway companies:....

Duration of Lease....

And that for the space of thirty one years from and after the term of Whitsunday, nineteen hundred and four, which is hereby declared to be the term of the tenants entry to the premises: but notwith standing said term of entry it shall be in the power of the tenants to commence trial operations on the delivery.....

Boring Operations

...... hereof and prior to the said term of Whitsunday nineteen hundred and four, - the tenants always paying to the proprietor lordship at the rates aftermentioned on any shale wrought during said period between the date of their commencing such operations and the said term of Whitsunday nineteen hundred and four, and on the condition herein before and after written:....

Breaks

...... Declaring that the tenants shall be entitled to break and put an end to this lease at the term of Whitsunday nineteen hundred and five on giving one months previous written notice of their intention and at the term of Whitsunday in every third year thereafter on giving six months previous written notice, in each case to the proprietor or his factor or agent for the time of their intention so to do but they shall not be entitled to put and end to or renounce or abandon this lease or to be relieved of the payment of rent or lorships and performance of the tenants obligations during said b???ronial period on the ground of the exhaustion of the minerals hereby let or of their being unworkable to profit or upon any other ground or pretext whatever: with power to the tenants at thier expense and under the declarations and conditions afterwritten to search for, work, win and carry away the seams of shale hereby let as fully and freely as the proprietor could do himself, but the tenants shall be bound to free and relieve the proprietor of all questions of damage or nuisence arising with adjoining proprietors orm others out of their operations: And for the working of the seams of shale hereby let, but for no other use or purpose and water under the reservations and conditions herein before and after specified the tenants shall be.....

Sinking Mines and Pits

....... entitiled to sink pits or mines erect machinery necessary for working, raising and carrying away the seams of shale hereby let and in general to do everything requisite and necessary for carrying on the working and removing (above or below ground) of the seams of shale hereby let on the portions of the said lands lying to the south of the Edinburgh and Bathgate railway and the tenants shall also have right in proving the seams of shale hereby let to put down bores on the surface lying between the said Edinburgh and Bathgate railway on the south and the said large fault or dyke on the north, but the sites of such bores to the north of the railway shall first be approved of in writing by the proprietors mining engineer,.....

Encroachments

...... but in no case shall any surface operations be allowed within any plantations on the said lands, the seams of shale in which are hereby let nor within forty yards of any existing houses or farm or other buildings, nor shall any surface operations except boring be allowed to the north of the Edinburgh and Bathgate railway except with the proprietors written consent: Further declaring that the tenants shall only be entitled to work the shale hereby let under and adjacent to the sites of any presently existing houses or building, roads or railways situated on the said lands in so far as the proprietor could himself do.......

Height of Chimneys

.......And any chimneys which may be erected by the tenants shall be not less than eighty feet in height and shall be of the best and most approved construction for the consumption of the smoke proceeding therefrom, and the said smoke shall so far as practicable be consumed accordingly: as also with power to the tenants to make and maintain all such roads, tramways, hutchways and railways in and upon the said portions of said lands lying to the south of the Edinburgh and Bathgate railway as may be necessary for working, getting and carrying away the said seams of shale......

Tramways, bridges, roads etc.

..... the tenants being bound to provide convenient level crossings where necessary over the said roads and others for the passage of stock and cartage: and the tenants shall further be entitled to use for the purposes of this lease all such roads and others as are already in existence upon said portions of said lands upon their making payment to the proprietor of a proportion of the expense of maintaining the same corresponding to their use thereof as the same shall, in case if difference, be determined by arbitors mutually chosen or their oversman: And the tenants hereby bend and oblige themselves to conduct and carry on all operations hereby authorised so as to be as little offensive as possible and to do as little injury and damage as possible to the lands and estate of Houston, and to the houses, building, roads, fences. Hedges, woods and crops therein: and also that any railroad, tramways or others to be made by the tenants as aforesaid shall be laid off at the sight and to the satisfaction of the proprietors engineer and shall as far as possible be parallel to the fences of the lands through which the same are made and so as not unduly to injure the said lands and the farm operations theron: and declaring that the tenants shall not interfere with any barriers under and around houses and buildings without the written consent of the proprietor,....

Marches

.... nor shall any underground working or mining operations of any kind be carried on except so far as hereinafter provided for within ten yards of conterminous mineral properties (excepting in the case of the adjoining mineral fields of Houstoun wood and Houstoun moor and any others which the tenants may be owners or mineral lesses): As also providing and delcaring that the tenants shall have power and liberty to work the minerals lying in other lands than those contained in this lease from pits made in this said portions to the south of the Edinburgh and Bathgate railway of the said lands the shale in which is hereby let and also to work the seams of shale hereby let from pits in other lands than those contained in this lease and to from connections with the adjoining works form the purpose of obtaining a second outlet for the mineral workings under this lease as required by any law that is now or may hereafter be in force but always with and under the stipulations afterwrittten, declaring that the tenants shall always have obtained and produced to the proprietor the written consent of the proprietor of the minerals in the adjoining lands to the conveyance of the seams of shale hereby let through such lands or minerals: And the tenants shall have power and liberty to convey the said minerals and others of adjoining lands through the workings of the shale hereby let and to raise them to the surface by pitd on the portion of the lands of Houstoun south of said Edinburgh and Bathgate railway and to convey them over the surface of said last mentioned portion of said lands of Houstoun .......

Wayleave

......upon payment to the proprietor of a wayleave of one half penny per ton of twenty hundred weight for all such minerals (other than those from the said mineral fields of Houstoun wood and Houstoun moor presently belonging to Miss Grace Shairp) which may be so raised or conveyed: And in cases where a higher wayleave than one half penny per said ton is payable upon the seams of shale hereby let when raised on or conveyed over or through other properties excluding said mineral fields of Houstoun wood and Houstoun moor a reciprocal higher wayleave of the same amount shall be payable to the proprietor of the seams of shale hereby let upon all minerals from said other properties taken through or over his lands, and of all which wayleaves accurate and correct accounts shall be kept and rendered quarterly by the tenants to the proprietor or his factor or agents for the time being, distinguishing those from the various mineral fields and the amount due paid half yearly at Whitsunday and Martimas along with the fixed rents or lordship then payable: but it is hereby expressly declared that the foresaid power to work the seams of shale hereby let from pits in other lands and to work minerals in other lands from pits in past of the mineral field hereby let and to use railways and tramways in and on the said lands for conveying material from other lands is restricted to other lands and minerals belonging to or held on lease by the tenants at the time of use: and same as before agreed on, the tenants shall have as power or liberty to communicate any pits or mines in the said lands the seams of the shale in which are hereby let or any workings under the same to any neighbouring proprietors or tenants or any other person without the previous written consent of the proprietor: which Jack, with and under the reservations conditions, provisions, stipulations, restrictions and declaration before and after written the proprietor binds and obliges himself, his heirs and successors, to warrent to the tenants at all hands and against all mortals as law will: Declaring always that the proprietor does not warrant the existance, quantity or quality of the said seams of shale in the foresaid lands nor the correctness of any information which may have been communicated to the tenants in regard thereto, his obligation and engagement being only that such seams of shale of the nature and description hereby leased or may be found within the lands before specified shall be and the same ase hereby let to the tenants for the space on the terms and under the conditions before and after written and no further: For which causes and on the other part the said the Pumpherston oil company Limited, bind and oblige themselves on the funds, assets and estates of their said company and their successors to pay to the said John Campbell Shairp and his heirs and successors or to his or their factor or agent for the time in Edinburgh,.....

Fixed Rent

....... the sum of one hundred pounds sterling per annum of fixed rent for the period from Whitsunday nineteen hundred and four to Whitsunday nineteen hundred and six and thereafter the sum of two hundred pounds sterling per annum of fixed rent during each of the subsequent years of this lease so long as the whole of the shale hereby let is worked by the tenants through the mineral field of Pumpherston presently let to the second party (the tenants under this lease) and two hundred and fifty pounds per annum from and after the date when any part of the shale hereby let shall be worked by the tenants and carried to the surface otherwise than through the said mineral fields of Pumpherston: and which fixed rents shall be payable whether the tenants shall work the said minerals or not or in the option of the proprietor and in lieu of the said fixed rent to pay to him free of all cost, expense and deductions whatever on the shale wrought or put out from the field hereby let and also on all shale wrought out therefrom by the tenants prior to the said term of Whitsunday nineteen hunded and four as aforesaid should they commence operations.......

Lordship

........ prior to said term or lordships of four pence per ton of twenty hundred weights or in the option of the proprietor one forthieth of the value as accurately ascertained for the tenants book of their whole products per tone of shale for their previous financial year: subject to a reduction of one penny per ton from year to year on all shale carried to the surface through and refined on the land of Pumphertson belonging to or leased by the tenants which fixed rents or optional lordships shall be payable to the proprietor or his foresaids, (subject to the declaration aftermentioned) at two terms in the year Whitsunday and Martinmas the fixed rent by equal portions, or , in the proprietors option, the lordships half yearly at said two terms of Whitsunday and Martinmas, beginning the first terms payment of said fixed rent being the sum of fifty pounds sterling for the half year or lordships as the case may be at the term of Martimas nineteen hundred and four for the half year immediately preceeding that term – any lordships eligible prior to said term of Whitsunday nineteen hundred and four being also payable at said term of Martinmas nineteen hunded and four - and the next terms payment of said fixed rent or lordhips at Whitsunday nineteen hundred and five, and so forth, half yearly, termly and proportionally thereafter at said two terms in each year during currency of this lease with one fifth part more of each terms payment of liquidate penalty in case of failure in the punctual payment thereof and interest one each terms payment, whether of rent or lordships at the rate of five pounds per centerm per annum from the respective terms of payment during the non-payment: And it is hereby produced and declared that the half yearly fixed rent or lordships payable at each term of Martinmas during the currency shall be held as a payment of account of rent or lorships for the par to Whitsunday then current, and the acceptance shall not infer that the propreitor has passed from his right to the optimal lordships above provided for, and that at or immediately after the term of Whitsunday in each year when it shall have been ascertained whether the optional lordships for the preceeding year exceed the fixed rent for that year it shall be in the power of the proprietor to declare within one month after such ascertainment his option between the fixed rent and lorships and the balance of the fixed rent or lordships as the case may be, due for the said preceeding year shall then be paid by the tenants to the proprietor as a that term, with interest from date of declaring his option and penalty as aforesaid: But the second half of the year fixed rent shall be payable at each term of Whitsunday yearly although the amount of the optional lordships shall not then have been ascertained or shall be of less amount than ther years fixed rent; .....

Shorts

.......And it is further specially provided and declared that if in any year the fixed rent is paid when the lordhips for the year are less in amount the difference ot shorts may be made up by the tenants retaining the amount of same out of the excess of lordships over and above the fixed rent in subsequent years as follows:-videlicet – shorts occuring in any year prior to Whitsunday nineteen hundred and seven may be made up in any subsequent year or years to Whitsunday nineteen hundred and ten and shorts occuring after Whitsunday nineteen hundred and seven in any one or more of the three immediately succeeding years of the lease to that in which the shorts occurred: And for ascertaining the quantities of the shale wrought out of the said lands and the amount of lordhips payable for the same......

Output books

.......the tenants hereby bind and oblige themselves to keep or cause to be kept regular and accurate books and to enter or cause to be entered therein daily distinct and exact accounts of the whole output and disposals of the shale from said lands and that whether raised by pit ot pits on said lands or on other lands and on the event of any common working of the shale hereby let and of the minerals in adjoining lands similar accounts shall be kept of the minerals from such adjoining lands, and the outputs from the respective lands shall be carefully distinguished and a correct record shall be kept of all such minerals from other lands on which a wayleave is payable: And further the tenants shall keep accurate and distinct accounts of the whole shale put out from all mineral fields in their possession or occupation and of the quantities of finished products obtained therefrom and the prices obtained for said products in such a way as to show accurately the full price or prices received by the tenants for said products during each year so as to enable the amount of optional lordship herein before stipulated on the shale hereby let to be acertained and fixed: And all which accounts shall specify not only the weights or quantities of the minerals raised or put out of each pot or mine with the names of the miners or other workmen daily employed in the working or putting out of the same and.......

Steelyards

....... the exact quantities wrought and put out by each miner or other workmen but also the different quantities and descriptions of the said minerals and the particular seam or seams for which the same are worked, the said quantities of minerals being ascertained by a correct steelyard or steelyards which the tenants bind and oblige themselves to erect and keep at suitable places at the works or other places for that purpose and which steelyards shall always be kept in a thorough state of repair to the satisfaction of the proprietor, shall from time to time be placed and adjusted by the tenants to the satisfication of the proprietor or of his mining engineer for the time being:.....

Inspection of books

...... and which whole books and accounts shall if required by open where kept for inspection, examination and checking by the proprietors mining engineer at the yearly settlement of lordships or rent at Whitsunday in each year for the year preceeding and at all other times upon reasonable notice being given to the tenants:....

Statement of Outputs

....... And the tenants further hereby bind and oblige themselves to furnish and transmit at the end of every period of three months during the currency hereof from the commencement hereof to the proprietor or to any person appointed by him an accurate and particular account signed by the tenants manager, accountant or managing director for the time being, of the whole shale wrought and put out of the said lands during the quarter preceeding, and an account of the lordhips and wayleaves due to the proprietor and accurately made up from the tenants books and accounts or abstracts of accounts and signed by the proprietor or his factor or agent for the time shall be sufficent to constitute and ascertain the amount of the said lordships which shall at any time be due by the tenants as a charge against them upon which diligence may pass for payment thereof: And it is hereby provided and declared that the proprietor shall have right at all time to rerquire the solemn declaration (substituted for oaths by act of parliament) of the tenants or of the manager, accounts at or managing director acting for them or of any other person or persons employed in the output or removing of the said minerals as to the accuracy of said books, statements and accounts: .......

Checkgrieve

.........And the proprietor shall have power to appoint a checkgrieve or clark, and also to erect any weighing machine at any place or places he may think proper, either on the lands the shale in which is hereby let, or, (provided the tenants shall not be legally prohibited from permitting the same) on other lands on which these are pits or mines by which the tenants may be working or putting out or carrying away the shale hereby let or any of them and that out his own esxpense for the purpose of keeping an account of and checking the weights, quantities and descriptions of the said minerals put out and carried away as aforesaid, the entries of such weights, quantities and descriptions being made by the proprietors checkgrieve or clerk in presence, (if so required by the tenants), of a representative to be appointed by the tenants for the purpose of checking the accuracy of such entries, and which accounts may be compared daily, weekly or monthly if required by the proprietor or his checkgrieve, factor or agent with the tenants books and upon which wighing machines so to be erected by the proprietor for the tenants shall cause the said minerals to be weighed, if required and the lordships payable under this lease shall accordingly to charged on the weights to be ascertained in any of the ways before mentioned in the option of the proprietor: And it is hereby further provided and declared that it shall be in the power of the proprietor at any time to exercise the option hereby given him to ascertain the quantities of the said shale upon which the said lorships to be paid either by the books and accounts and quarterly returns or by the accounts to be kept at the machines put up by the proprietor, and the lordships may there upon be charged according to the quantities thereof respectively so ascertained:.....

Arbiters

..... Declaring that should the weight as taken and checked daily by the person appointed by the proprietor differ from the weights taken by the tenants for a week then the matter of the weights shall be referred to and determined by the arbiters aftermentioned: And the tenants hereby further bind and oblige themselves over and above the foresaid rent, lordships and wayleaves to pay to the proprietor and to the feuars, proprietors, tenants and occupiers of the lands under upon and adjoining which the workings and operations under this jack are to be carried on, and of the houses, buildings, walls, fences, trees and others thereon or to other parties having right to claim the same respectively all damages of whatever kind which may be done......

Damages

...... or occasions by the workings and operations of the tenants to the surface of the said lands and to the crops and pasture thereon and produce thereof and to the woods, plantations, walls, fences, reservoir, wells and watercourses, and to the houses, buildings and erections thereon or otherwise, and to free, relieve and indemnify the proprietor of all claims for damages of whatever kind at the instance of any person or persons whatever, and of all loss or expense which may be incurred by the proprietor on account or by reason of such claims: And also to pay to the proprietor double agricultural rent per acre per annum besides the value of the crop, if any, on the ground at the time as compensation for all ground in the natural possession of the proprietor, occupied, taken, used or damaged by the tenants for the purpose of this lease, adn that half yearly at Whitsunday and Martinmas in each year, with interest and penalty as in the case of the fixed rent of the shale hereby let so long as the same shall be occupied by the tenants or being unoccupied shall not have been restored: And for all ground so occupied let to agricultural tenants at double of the rent payable by them and to the value of the crop on the ground at the time, and of the unexhausted manure or in the option of either of the proprietor or of the or the tenants under this lease tenants under this leases and the agricultural tenants as the case may be, at such rate per acre per annum or shall be fixed by arbiters mutually chosen or their oversman; as also to restore, or in the option of the tenants, to pay to the proprietor in lieu of restoration all ground occupied, takne, used or damages by the tenants at the rate of Seventy pounds per imperial acre, the said ground always remaining the property of the proprietor,....

Fences

...... and to restore or to pay to the proprietor the sum requisite for restoring all fences, drains, watercourses and others broken up ot injured by the tenants to their former state as soon as the same can be done without interferring with the works, and it is hereby provided and declared with regard to all claims on the part of the proprietor for damages or for rent or compensation for ground occupied or damager or for the restoration of ground or fences, drains or water courses damages by the tenants operations that the same shall, (in the event of the parties failing to adjust the same themselves), be referred to and fixed by the decision and decree arbital of arbiters mutually chosen or their oversman, all expenses of such reference and arbitration being to be paid by the party whom the arbiters or oversman shall in the circumstances of each case find liable for such expenses in whole or in part. Power being hereby conferred on said arbiters or oversman to decern therefor as they or he may deem right: as also the tenants bind and oblige themselves whenever required by the proprietor from time to time during the currency hereof properly and sufficiently to fence all ground taken possession of by them at the time the same is so taken and to maintain and uphold the said fences in a good and sufficient state of repair during the currency hereof, and also to enclose all pits and mines, including air pits which are no longer necessary for working the said shale, with a sufficient stone and lime wall five feet in height, and if required in writing by the proprietor, but not otherwise, to fill up all pits made or used by them which may be no longer required to be used: and the tenants bind and oblige themselves to do all within their power to take all necessary measures and.....

Pollution

..... to erect and fit up all machinery nesscessary to prevent the pollution of all streams and water courses by their operations, and also to do all in their power to prevent and put a stop to their workmen or others in their employment and dependants....

Trepassing

...... tresspassing upon the said lands and estate or from keeping dogs in any of the houses situated on the said lands and estate: and the tenants hereby bind and oblige themselves immediately to proceed with the exploring and working of the shale hereby let and to do everything which they may deem to be necessary for raising and putting out the same and they shall deliver to the proprietor within one month of making the same correct copies.....

Boring and Bore Journals

......certified by the tenants manager or managing director of the journals of all bores or other explorations which may be put down by them in the lands the shale in which is hereby let and of any analyses which they may cause to be made of the minerals from said bores or explorations and to mark the positions of the same on a sheet or sheets of the ordnance survey to be furnished by the proprietor: further the tenants hereby bind and oblige themselves to carry on the working of the shale....

Method of Working

...... hereby let in a regular systematic and skilful manner on the post and stall or long wall method without unnecessary omission or waste or by any other method that maybe approved of by the proprietors mining engineer for the time being,and further they shall leave pillars around the bottom of each pit where pillars shall appear to be necessary, and they shall keep the going pits, roads, aircourses, water levels and other workings free, clear open and possible for proper access to all the working faces in each seam and to form proper water levels so that water in the workings may freely pass off to the bottom of the pits or mines and so far as practicable to carry on the said workings in such a manner that the working of any one or more seams shall not prevent injure or impede the working of any other seam or seams at the termination of the lease by the proprietor or any other person deriving right from him; .......

Opencasts

.......and in the event of there being open-cast workings these shall be carried regularly forward, the face being kept and left free of rubbish and water with convienient accesses thereto, the tirrings being deposited at a convenient spotm or spots adjacent to such workings to be agreed on between the parties hereto, and the soil to a depth of twelve inches to be laid apart for resoiling the quarry holes when filled up, the whole being levelled up so far as the material will admit: and further the tenants bind and oblige themaselves not to work out any of the shale beyoun the actual boundries of the field hereby let: and it is hereby provided and declared that the proprietor shall.....

Inspection of Workings

......at all times have full power by such person or persons as he shall think fit to enter into, examine, inspect and report on the whole workings and operations 'at their expense' (crossed out) of the tenants under the jack and to make surveys of the same; and further the tenants shall cause their workings and operations at thier expense to be surveyed and laid down upon a....

Plans

...... plan by a competent mining engineer at least once in every six months as the workings advance during the curreny hereof; and which plans or certified copies thereof shall, on the expiry or earlier termination hereof become the property of the proprietor and cerified copies thereof shall be delivered to him from time to time as they are made; and further the proprietor shall have power to inspect at the works and check all such plans and surveys as well those of the workings of the shale hereby let as those of minerals in other lands worked in conjunction with the shale herewby let, and which plans and surveys of minerals in such other lands the tenants may not be legally prohibited from exhibiting to the proprietor,and all such plans as the tenants shall be bound to make of their underground workings under any general statute statute passed or to be passed formthe regulation of mines or mining operations, and to take copies thereof he shall think proper, and in the event of any dispute arising between the parties with reference to the tenants mining operations on the method of conducting the same or the plans and surveys the same shall be referred to the proprietors mining engineer for the time and the said mining operations shall thereafter be carried on in accordance with any deliverance or finding pronounced by him;.......

Bankruptcy

..... and it is hereby provided and declared that in case the tenants shall become insolvent, bankrupt or be sequestrated or their affairs be placed in liquidation voluntary or otherwise, (but excepting always liquidation for reconstruction or amalgamation with another company or companies), or if at any time during the currency of this jack shall be two consecutive half yearly payments of the said rentor lordhips due and unpaid and if the same shall not be paid within fourteen days after being demanded or if any providing for a debt exceeding fifity pounds or sequestration of the shale produced from the said lands under this lease or of the machinery or utensils at the works or any part thereof shall be executed or in the event of the tenants removing thier machinery or plant from the lands, then and in any of these events it shall be in the power of the proprietor, if he shall think proper ot declare this lease at an end and null and void without and declarator or process of law for that effect, in like manner as if the same had never been entered into; Reserving to the proprietor, not with standing full power and right to recover all arrears of rent, lordships and other then due and to become due as law will and to insist on the immediate fulfilment of all the obligations undertaken by and incumbent on the tenants as at the expiration hereof, and the proprietor shall after the declaration of nullity as aforesaid be entitled to enter upon and take possession of the subjects hereby let and to act in regard there to in the same way and manner as if this lease had never been granted, and he shall have the like optimal right to take the house, machinery and others as is after provided on the expiration or earlier termination hereof; and further the proprietor shall have right to enter into possession of and retain the same or the dispose of the same and retain the price or prices thereof in security of the payment of the rents, lordhips and wayleaves which may be due to him or of fulfilment of the obligations incumbent on the tenants a the expiration or earlier termination hereof as aforesaid but the rights hereby conferred on the proprietor shall in no wise affect, limit or prejudice his legal rights in the premises; and it is hereby provided and declared that the tenants shall be bound as they hereby bind themselves at the expiry or earlier termination of this lease to leave the whole going pits, mines accesses, conduits, roads, railways, water levels, aircourses, wallfaces and all other workings below ground, (except in such pits or mines as ma y have been wrought out or abandoned) in good order and repair and open, well ventilated and readily accessible; As also (in so far as not previously done) to restore to their former state or pay for as herei before provided all ground broken, damaged or occupied by them, and all fences broken or injureby them; and further at the expiry or earlier termination of this lease, the proprietor shall have right if he thinks proper, on giving four months notice of his intention to do so, to have the whole buildings, erections, engines, mechinery, apparatus and utensils belonging to the tenants and connected with the said works either above or below ground so far as the same belong to them and are in use at the time valued at the joint expense of the proprietor and tenants by two arbiters to be mutaully chosen by the parties or by an oversman to be named by the arbiters before comencing the valuation in case they may differ in opinion.......

Arbiters

........ or by arbiters or an overmans to be named by the sheriff of the Lothians and Peebles for the time on the application of either party in case the parties themselves shall fail to appoint such arbiter or oversman said valuation to be completed and delivered to the parties not later than two months before the said termination of this lease, and on the amount of said valuation being ascertained the proprietor shall have right to take over the said buildings, erections, machinery and others at the amount of said valuation on giving notice to the tenants within one month of the receipt of said valuation by him or his intention so to do, and in the event of the proprietor taking over said buildings, erections, machinery and other foresaid he shall be bound to pay the value thereof to be ascertained as aforesaid, within one month after the termination of the lease and failing the proprietor taking over the said buildings, erections, machinery and other as aforesaid tennants shall not be bound to leave or deliver to him any part of the said buildings, erections, engines, machinery, apparatus and utnensils, but the same shall be held to belong to them,and they shall be allowed six months free of fixed rent, except payment of the rent for the ground occupied for removing, dismantling and carrying away the same:......

Machinery

...... and it is hereby agreed that the proprietor shall have it in his power to take the engines, machinery, utensils and ohter fittings at any pit or mine without being bound to take any of those at any other pit or mine, but he shall not be entitled to take a part only it the said articles at any one pit or mine but shall be bound to take the whole engines, mechinery and other fittings at that pit or mine which may be in use and in working condition at the time and the value thereof shall be estimated by the said arbiter or oversman as foresaid; and the tenants shall be entitled to remover all such building, erections, machinery and others as may not be taken over by the proprietor as a foresaid, but in the event of their not removing any such within the time stipulated the same shall revert to and become the property of the proprietor without any payment by him; .....

Removal

.......and the tenants bind and obllige themselves to fit and remove themselves, their sevants, workmen, goods and effects furth and from the subjects hereby let at the expiry or earlier termination of this lease; but the tenants shall be allowed six months after the termination of this lease in which to remove or dispose of any stock of shale already worked out by them that may be on the premises and to remove machinery and plant and buildings and restore ground ground previously damaged or injured; but provided always that said period of six months shall only be allowed the tenants for the purposes foresaid on condition that they apy rents, damages and compensation at a rate to be fixed by the arbiters, to be named as herein after mentioned for the groudn occupied by them during the whole or any part of said period, and that such use of the ground shall not unreasonably or unnecessarily interfere with the storing in future working of the remaining minerals in the estate of Houstoun, and in case the tenants shall not remove as above provided but continue to possess without a new written bargain they shall be bound and obliged as they hereby bind and oblige themselves, so long as they shall continue to posses after the expiry or earlier termination of lease to pay treble the annual fixed rent payable for the last year or the year current at the earlier termination of this lease or treble of the lordship herein before stipulated as the agreed rent of the subjects hereby let, payable at the terms and with interest and penalty as stipulated for the said original lordships and rent, and that over and above fulfilling the whole other obligations hereby incumbent on them; and for the various purposes before mentioned in regard.....

Arbiters

...... to which the appointment of a single arbiter is contemplated, and in regard generally to any question which may arise as to the working of the minerals and others hereby let or as to the interpretation, import or fulfilment of any condition or obligation in the leasze or any other matter requiring adjustment arising out of this lease in so far as the same are not herein before specially referred to two arbiters mutually chosen or their oversman, the parties here to hereby mutually agree that all such questions or differences or matters requiring adjustment shall be determined by William Mitchell Milller, mining engineer, Edinburgh or by any other mining engineer to be appointed by the proprietor as his mining engineer in succession to said William Mitchell Miller and that as sole arbiter, and whatever the said arbiter shall form time to time qappoint and decide both parties shall be bound to implement and fulfil and the fee to the arbiter and the expense of the neccessary proceedings connected with the reference and whether incurred before or after the same may be gone into shall be paid by the party found by the arbiter to have been or to be in the wrong and it shall be in the power of the arbiter to decern therefor: and lastly the parties bind and oblige themselves to implement and fulfil to each other their respective parts of the premises......

Penalty

...... under the penalty if five hundred pounds sterling to be paid by the party failing to the party observing or willing to observe the same over and above performance; and they consent to the registration hereof and of the said quarterly account and statements and of any awards or decrees arbital, interim or final to be pronounced as aforesaid for preservation and execution. In witness whereof

Related records

Title Collection Code Collection Code Part
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd. - index 183537 index
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 01 183537 01
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 02 183537 02
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 04 183537 04
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 05 183537 05
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 06 183537 06
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 07 183537 07
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 08 183537 08
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 09 183537 09
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 10 183537 10
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 11 183537 11
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 12 183537 12
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 13 183537 13
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 14 183537 14
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 15 183537 15
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 16 183537 16
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 17 183537 17
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 18 183537 18
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 19 183537 19
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 20 183537 20
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 21 183537 21
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 22 183537 22
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 23 183537 23
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 24 183537 24
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 25 183537 25
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 26 183537 26
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 27 183537 27
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 28 183537 28
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 29 183537 29