Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 02

code: 183537-02

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

Description

Part 2 of 59, (pages 6-24), mineral lease, shale and coal in Seafield, Blackburn and Whitehill, 1903

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


Shale and coal on the Estate of Seafield, Blackburn & Whitehill

Lease between Sir John Denison Pender, K.C.M.G (trustee) and The Pumpherston Oil Co. Ltd.

(No date and registration date noted)

It is contracted agreed and ended between the parties following, videlicet:- Sir John Denison Pender, K.C.M.G residing at six Grosvener Crescent London; The right honourable John Hay, commonly called Lord John Hay G.C.B residing at Fulmer Place Slough, in the county of Buckingham, Admiral of the fleet, and Richard Enfield of Bramcote in the County of Nottingham, the trustees and executors nominated in and acting under the last will and testament of the late Sir John Pender G.C.M.G dated thirty first July, eighteen hundred and ninety, and with five codicils thereto dated respectively, thirty first July eighteen hundred and ninety, thirty first July eighteen hundred and ninety, eigtheenth April eighteen hundred and ninety one, thirtheenth November eighteen hundred and ninety one and fifteenth February eighteen hundred and ninety five, proved in the principal register of the probate division of Her late majesty's high court of justice in England on twenty eigth July eighteen hundred and ninety six and sealed with the seal of the commissariat of Edinburgh on ninth October eighteen hundred and ninety six (said trustees and their successors and assignees or the persons for the time being representing them under these presents being hereinafter called the first parties) heritable proprietors of the minerals hereinafter let on the one part and the Pumpherston oil company (Limited) incorporated under the companies acts 1862 to 1880 and 1883 having their head office at one hundred and thirty five Buchanan street Glasgow, on the other part in manner following, that is to say, the said first parties have set and by these presents in consideration of the rents or royalties and other prestations after mentioned set and in tack and assedation let to the second parties but excluding assignees legal and conventional as well as voluntary and sub-tenants and all trustees managers or factors for behalf of creditors unless with consent in writing of the first parties or their sucessors the said Pumpherston oil company (Limited) and their presaids being hereinafter referred to as the lessees or the said leasees all ......

Description and Extent

.......and whole the whole seams so far as not already worked of bituminous oil shales and also of coal (except gas or parrot coal) in the first parties lands and estate of Seafield, Blackburn, Whitehill in the parish of Livingstone and county of Linlithgow delineated on the plan or sketch and duplicated thereof both signed by the parties to these presents as relative hereto: but reserving to the first parties and their sucessors and assignees the wholw mines, metals, minerals including Tarbrax hill minerals gas or parrot coal, stones and other substances in the said land and estate of Seafield, Blackburn, and Whitehill other than said seams of shale and coal hereby let. With full power to the second parties or their tenants or others in their right to work, win, raise stock, and carry away the same in such way and manner and at such time or times as to them may seem fit and that for.....

Duration of Lease

....... the space of thirty one years from and after the term of Whitsunday nineteen hundred and three which is hereby declared to be the term of entry of the leasees to the premises under these presents. But declaring as it is thereby provided and declared that the leasees shall have the privilege of putting an end to this lease at the term of Whitsunday nineteen hundred and four or Whitsunday nineteen hundred and five on giving to the first parties six months previous written notice of their intention to do so or at the end of any successive period of three years after Whitsunday nineteen hundred and five on giving to the said parties six months previous notice declaring that it shall not be competent to the leasees at any time during the currency of this lease to urge on the first parties that the said shale or coal has become unworkable to profit, and on that or any other ground to seek to renounce or put an end to the lease excepting at the periods before mentioned at being hereby understood that the lease can only be put an end to at the said terms of Whitsunday nineteen hundred and four or Whitsunday nineteen hundred and five or at the expiry of any successive period of three years after Whitsunday nineteen hundred and five in manner foresaid and in no other manner and on no other ground whatever and until so put and end to this lease shall continue in full force and effect and the leasees shall be bound to implement and fulfil the whole obligations herein contained until the natural ?? of the lease hereby constituted: and it is hereby further delcared and agreed......

Regarding Building Lease

......... that if the said leasees in exercise of the immediately preceeding privilege confered upon them put and end to this lease they may at the same time but at no other also put an end to the building lease of the eighteen acres or thereby of said lands of Seafield entered into between the said Sir John Pender and William Fraser then of twenty four St Vincent place Glasgow, now of one hundred and thirty five Buchanan Street there dated fifth and tenth and registered in the division of the General register of Sasines for the county of Linlithgow for publication and also as in the books of council and session for preservation the sixteenth all days of May eighteen hundred and ninety and subsequently transferred to the said the Pumpherston oil company (Limited) and that on giving to the first parties or their agents six months notice of the intention so to terminate the said building lease. And it is hereby delcared and agreed that the following are the conditions and provisions under which the foresaid shale and coal are let.......

Conditions Regarding Bores

........(First) the leasees shall be entitled to enter upon any part of the said lands delineated on the said plan or sketch except plantations, garden ground; and ground situated within two hundred yards of any existing covered building within which no surface operations shall be allowed.......

Sale and Coal under Building Lease

........and at their own proper charge abnd expense to search and make trials for by bring or otherwise and to work, win,raise, carry away and dispose of the whole seams of shale and coal hereby let as also to manufacture the shale hereby let on the land amounting to eighteen acres or thereby let under the foresaid building lease, but not in the mineral field hereby let; and upon the mineral field hereby let to sink pits or make open casts or mines and erect engines and all requisite machinery for getting and drawing the said shale and for moving the same and pumping the water in the mines or for any other necessary purpose for getting the shale and coal hereby let and to form water courses and reservoirs and in general to do everything requisite and necessary for carrying on the working in accordance with the terms of this lease and disposing of the said shale and coal; ......

Erection of Works

.......declaring however that all works to be constructed on the said lands of Seafield, Blackburn and Whitehall for manufacturing the shale and refining the oil shall be erected on the same eighteen acres of land let on building lease and the said leasees shall not have power to remove such works to any other part of the same lands except with the consent of the first parties or their factor in writing.......

Building of Houses

.....But the said leasees shall never the less have power to erect houses for their workmen on the surface of the land the minerals in which are hereby let. Provided always that the written approval of the first parties of the position of such houses be obtained before the erection is commenced and that rent at the rate of double its agricultural value be paid for the land occupied by or in connection with said houses; declaring that a the natural expiry or earlier termination of this lease the leasees shall be subject to the same conditions as to removal of said houses and there shall be the same option to the first parties to take them over as are hereafter provided with reference to the engines machinery and other belongings to the leasees and used in working the shale and coal hereby let......

Tramways, Bridges etc.

(Second) The said leasees shall in like manner be entitled a their own expense to make but that only in such lines as shall be approved of by the first parties or their foresaid such roads, tramways or railways as may be necessary for working, winning and recovering the said shale and coal and carrying away the same. And the said leasees shall be bound to build over or under all roads railways or tramways to be made by them all necessary bridges, accesses and cattle creeps for the passage of stock and the carting of all necessary materials and to supply all necessary level crossings and gates for theses pruposes, said bridges, accesses, cattle creeps and crossings to be placed at such places and in such manner as the arbiters or oversman to be appointed as after mentioned shall determine and the whole to be executed to their or his satisfaction. But is hereby provided that the first parties and their agricultual tenents and their other mineral tenents shall have power not only to cross but to use all roads, tramways, and railways, to be made or taken over by the said leasees on the said lands but for which they shall be bound to pay the said leasees at the rate of one half penny per ton per mile for all goods that may be conveyed by the, over the said roads, tramways, and railways, as also to make such other roads and tramways and railways either with or without a junction with the tramways and railways of the said leasees as to them may seem proper but so as not to interupt the said leasees operations, the said leasees having a right to use the same for the purposes of this lease on payment of the like rates of one half penny per ton per mile for all goods so conveyed by them over the said last mentioned roads, railways and tramways; But providing always that the above power and privilege of crossing and using the tramways and railways of the said leasees shall always be exercised by the first parties and their tenents in such a manner as to interfere as little as possible with and so as not to interupt the operations of the said leasees and in case of any differencr of opinion arising in regard to the exercise of such power and privilege or to the liabilities of parties in maintenance the said line or lines the same shall be determined by the said arbiters or oversman......

Erection of Workman's Houses

(Third) It is hereby declared that the leasees granted subject to the whole rights of the tenents of the surface of the ground the shale and coal in which is hereby let and the said leasees shall only by entitled to work the said shale and coal, erect workmen's houses and carry on the other operations authorised by this lease so far as such working of the said shale and coal erection of workmen's houses and other operations are written their powers reserved to the first parties in the lease to the tenents of the surface of the said ground. Which lease with and under the reservations, conditions, provisions, stipulation and declarations before and after mentioned the first parties bind and oblige themselves to warrant from their own proper facts and deeds, and they bind the trust estate under their charge to warrent the same at all hands; But declaring always that it is distinctly understood between the parties that no warrandice is hereby granted against previous workings of the seams of shale and coal hereby let either by the first parties or by their predecessors or by any tenants thereof or against any encroachment past present or future of neighbouring properties or tenants the tenants under theses presents taking the shale and coal hereby let as the same as or may be and declaring that the first parties......

Shale and Coal under Roads

........ only grant such right right to the shale and coal under the roads and railways within the lands of this lease as they have themselves and do not warrent the same to the said lesses for which causes and on the other part the said lesses hereby bind and oblige themselves and their whole property and assets to content and pay to the first parties or their factors orm others having legal authority to receive the same at any place in Scotland the first parties may appoint but subject always to the declation herein after expressed the sum of One hundred and fifty pounds sterling in name of fixed rent for the year from Whitsunday Nineteen hundred and four to Whitsunday Nineteen hundred and five and the sum of Three hundred and fifty pounds for each subsequent year of the lease, no fixed rent being payable for the first year of the lease or otherwise in lieu of the said fixed rent and in the option of the first parties a Lordship or Royalty of four pence per ton of twenty hundred weights on all shale and a ........

Royalty on Shale and Coal

.........Lordship or Royalty of four pence per triping ton on all coal raised or put out and removed from or manufactured on said lands under this lease as the weight of the said shale and coal shall be ascertained in manner aftermentioned, and that free from all cost expense and deduction whatever. But declaring that no royalty shall be charged upon such coal as shall be used for steam purposes in connection with the working of the mines or pits let by this lease nor for house coal used by workmen employed in raising the minerals let by this lease......

Payment to be made Half-Yearly

.......Which fixed rent and Lordships shall be payable at two terms in the year Whitsunday and Martinmas in case of the fixed rent by equal portions beginning the first terms payment of the said fixed rent at the term of Martinmas Nineteen hundred and four at the rate of One hundred and fifty pounds a year for half year preceding and the next terms payment thereof at the same rate at the term of Whitsunday thereafter and so forth half yearly termly and proportionally thereafter at the full rate of Three hundred and fifty pounds a year at the said two terms during the currency of this lease with a fifth part more of each terms payment thereof and the interest of each termly payment at the raye of five per cent per annum for the retrospective terms of payment during the next payment thereof. And it is hereby declared and agreed to that at the termn of Martinmas Nineteen hundred and four and Whitsunday Nineteen hundred and five and at every asubsequent term of Martinmas and Whitsunday the half yearly fixed rent then paid shall be held as payment to account of the fixed rent or lordships for the year commencing with the previous Whitsunday and their acceptance shall not infer that the first parties have passed from their right to demand the optional royalties above stipulated and at or within sixty days after the term of Whitsunday yearly and after it shall have been ascertined to the satifaction of the first parties whether the lordships for the preceeding year exceed the fixed rent it shall be in power of the said first parties to declare their option between the fixed rent before mentioned and the lordships for the bygone year and the balance of the lordships due should the lordships be prepared for the preceeding year shall then be paid by the said lesses to the first parties as at the said term of Whitusnday with interest and penalties as aforesaid:.....

Account of Shale and Coal Wrought

.......Further the said lesses shall as soon as may be after the term of Whitsunday Nineteen hundred and four render to the said first parties account of the amount of shale and coal wrought, sold, removed or otherwise disposed of by them during the period from the date of their entry to that term as that the amount of royalties due thereon to be ascertained in manner aftermentioned may be ascertained and the said lesses shall be bound to make payment of the amount of the said royalties as at the said term of Whitsunday Nineteen hundred and four with corresponding interest and penalty as before specified in regard to fixed rent, and similarly the said lesses shall be as soon as may be after each term of Martinmas and Whitsunday thereafter until the fixed rent herein before stipulated begins to run? render to the said first parties a like account of the amount of shale and coal wrought, sold, removed or otherwise disposed of by them during the preceding half year and make payment of the amount of royalties due thereon as at each such term with interest and penalties as before mentioned: And it is hereby declared and agreed to that if it should happen that the removal of shale and coal in any one year shall be less than would be necessary to yield a lordship equal in amount to the fixed rent for that year then and so often as this shall happen during the second, third and fourth years of the lease, the said lesses shall be entitled to work and remove free of lordship during the next five succeeding years of the lease such quantity of shale and coal as shall make up the deficiancy, and as often as it shall happen during the fifth and subsequent years of the lease the lesses shall be entitled to work and remove free of lordsips during the next three succeeding years of the lease such quantity of shale and coal as shall make up the deficiency, but on the express understanding that in no year of the lease shall a less sum be payable to the first parties than the fixed rent stipulated for that year any deficiency being only to be made up from an excess of royalties not from fixed rent: ....

Rent for Ground Occupied

......And the said lesses hereby further bind and oblige themselves at the term of Whitsunday yearly and with interest and penalty as aforsaid during the not payment to pay to the first parties a fair yearly rent or compensation as the same may in case of difference of opinion be settled by the said arbiters or oversman to be appointed in manner aftermentioned for all ground taken and occupied by them for the purposes of this lease or rendered unfit for agricultural purposes (other than the ground taken for building workmens houses the rent for which is herein before specially dealt with), beginning the first yearly payment in each case at the term of Whitsunday following such occupation.....

Damages to Ground

....... for as much ground as shall then have been so taken and occupied or rendered unfit and so on for the extent taken from time to time yearly thereafter during the currency of this lease or until the same be restored im manner herein after provided. Further the said lesses hereby bind and oblige themselves to pay to the first parties and also (in so far as necessary to keep them skaithless) to the properties feuars tenants and occupiers of the lands under upon or adjoining which the workings and operations under this lease are to be carried on or other parties having right to claim the same respectively all damage of whatever kind which amy be done or occasioned by the working and the operations hereby authorised to the said lands and to the crops and pasture thereon and produce thereof and to any woods, plantations, roads, oucesess?, wells, watering places, walls.fences and railways and to any house and building at present thereon as also to any stream, water supply or spring of water or to any any public or turnpike road or other road and to free relieve and indemnify the first parties of all claims for any such damages on any account in respect of or in connection with the said operations at the instance of any person or persons whatever and of all loss and expense incurred by hin by reason of such claims: Declaring that all provisions in the lease already granted to or to be granted hereafter in terms similar to the leases already granted to the agriculteral tenants of the first parties as to the ascertainment of such damages shall be binding upon the said lesses and they shall be entitled to the benefit thereof. And declaring that the first parties shall be bound out of the sums which they may receive for ground taken or for damage caused by the operations of the said lesses to allow to the agricultural tenants such deductions from their rents as they may be entitled to under their leases in respect thereof. Declaring always and providing that the lesses shall be in no way bound to see to the application or disposal of the rents, lordships, royalties, wayleaves, or sums by way of compensation which may become payable by them to the first parties in terms of this lease: And it is expressly provided and declared that the present lease is entered into under the following conditions and provisions videlicet.....

Encroachments

....... (First) the said lesses shall not communicate to any neighbouring propertor other than the said first parties the use of the pits or mines or workings of the shale and coal hereby let nor shall they make any encroachments on any neighbouring proprietor or mineral tenant or approach below ground nearer than ten yards to any march of the lands in which the shale and coal hereby let is situated except in the case of the march of any adjoining lands of which they may also be the tenants of the shale or other minerals therein where the workings may be carried through the ten yards limit up to the line of march but only to such extents of such dimensions under such conditions and as such places as shall be previously approved of by the first parties engineer and the said lesses shall also be entitled to raise the shale or other minerals let to them in any adjoining lands by means of the mine or mines upon the mineral field hereby let and the said lesses shall also be entitled to use any lands, tramways or railways above or below ground which may be constructed by themselves this lease for the conveyance of minerals obtained from the said adjoining lands of which they may be mineral tenants or of oil manufactured from the said minerals from the sad adjoining lands to be manufactured on the said mineral fill hereby let or on the said eighteen acres on thereby let on building lease and for the conveyance by such roads, tramway, or railways of minerals merchandise or stores to the pits or works on the said adjoining lands tenanted by the said lesses declaring however that for each ton of twenty hundred weights of minerals other than those hereby let wrought by means of the mines on the said mineral field hereby let and for each ton of twenty hundred weight of shale oil or other substances on the mineral field herby let the said lesses shall pay a wayleave of one halfpenny, which wayleave shall be payable at the same term qas the fixed rent herein before specified and shall be held to be due over and above the fixed rent and lordships herein before specified and shall in no case be imported towards the making up of the said fixed rent.....

Wayleave

........ (Second). In order that the lordships and wayleave may be correctly ascertained the said lesses shall in the first place be bound at their own expense to erect at each pithead, minemouth, opencast or other convenient place a well constructed and suitable steelyard with index levers for weighing the said shale and coal.....

Steelyard

.......hereby let and for weighing the whole minerals and other substances for which a wayleave is payable and the whole shale and coal for which a lordships is payable and the whole minerals and other substances for which a wayleave is payable shall be made to pass over one or other of the said steelyards so that their weight may be correctly ascertained and the steelyards shall be kept by the said lesses in constant repair and in a correct and accurate state at the sight if required by the first parties of the inspector of public weights and measures for the district of Linlithgow and care shall be taken to separate and keep distinct shale obtained from the mineral field hereby let and that obtained by means of the mines on the mineral field hereby let from the adjoining lands of which the said lesses may be mineral tenants.....

Tally giving the name of Mineral field to be attached to each hut

....... and for this purpose each hutch of shale and coal as it is drawn from the mine shall be accompanied by a tally indicating the name of the mineral field from which it is obtained and in the second place the said lesses shall keep regular books and shall enter or cause to be entered daiy therein accurate detailed accounts of the weights of the shale......

Output Books

.......obtained from the mineral field hereby let and such accounts shall also specify the daily output,sales, consumption, and disposal of the shale and coal obtained from the mineral field hereby let and the said lesses shall also enter or cause to be entered daily in the said books accurate detailed accounts of the weights of the minerals obtained from the adjoining lands a for which they may be the mineral tenants by means of the mines on the mineral field hereby let and of the minerals and other substances conveyed to and from said adjoining lands by the roads, tramways or railways and the said books and accounts shall if required, be exhibited to the first parties or those acting for them, or other person having their authority at the yearly settlement at Whitsunday or within sixty days there after as before mentioned, and shall likewise at all times be often and patent to them for inspection where the same are kept and for thier taking copies or concepts there from.....

Daily Output of Coal and Shale

(Third). The said lesses shall make out and transmit at the end of every three months during the currency of this lease to the first parties or those acting for them an accurate account taken from the said books of the whole shale and coal obtained daily from the mineral field hereby let, and an account of the minerals obtained from the said adjoining lands of which the said lesses may be the mineral tenants by means of the mines in mineral field hereby let and of the minerals and other substances conveyed to and from the said adjoining lands as aforesaid by the said roads tramways or railways all which accounts shall be signed by the said lesses or by their managers or clerk (if authorised to do so) amd shall if required by the first parties be verified by the solemn declaration of one or ohter of the aforesaid parties in the form of a declaration substituted by act of parliament for oaths which periodical accounts if admitted by the said first parties or their foresaids to be correct or and abstract thereof duly authenticated by their signature, shall constitute and determine primo loco the amount of lordships and wayleave due and payable as aforesaid at the period before mentioned and shall warrent a change being given for payment thereof with power never the less to the first parties within one month after each period to resort ot any other legal evidence to acertain and establish a larger quantity (if any) of shale and minerals and other substances as being chargable with lordships and wayleave if they shall think proper....

Checkweighman

........ (Fourth) the first parties shall be entitled if they shall think proper at any time in addition to such modes of acertaining the quantity of shale and coal upon which lordship is payable or the quantity of minerals and other substances on which a wayleave is payable but at their own expense to appoint a checkgrieve or clerk at each or any of the pits, minemouths, opencasts or other place on the said mineral field hereby let for the purpose either of taking an account of the quantity thereof, or of seeing them correctly weighed on the said steelyards or of testing the acccuracy of the steelyards and weights which accounts may be compared at anytime wiht the books kept by the said lesses: (Farther) the first parties shall have power to erect at their own expense any weighing machine they may think fit at convenient places upon which weighing machine that said lesses shall allow the shale and other minerals and substances to be weighed if required for the purpose of checking the weights or quantities.......

Trespassing

....... (Fifth) the said lesses shall during the currency of this lease to the utmost of their power restrain the colliers and other workmen employed by them from tresspassing on the first parties lands or injuring the fences or occasioning annoyance to them or their tenants and specially the said lessses shall be bound so far as practicable by them to remove from their works or premises any person or persons whom may be found guilty of fishing.poaching or otherwise tresspassing and so injuring or disturbing the game and the said lesses shall not allow any collies or sporting dogs to be kept on or taken to the gound embraced in this lease by any persons in their employment.....

Chimneys

....... (Sixth). The said lesses shall be bound to conduct and carry on all operations hereby authorised so as to cause as little injury as possible to the ground of the first parties and to the houses, fences, roads, woods and crops thereon and inconvenience to them or their tennants: And the chimneys of any works ro be erected by the said lesses shall be made not less than fifty feet in height and be fitted with proper smoke consuming apparatus, and the said lesses shall be bound to take all necessary strps to minimise the nuisence which may be caused by smoke from the retorts and refineries, and the retorts to be constructed on the said mineral field shall be of the best and most approved class......

Pollution

....... And the said lesses shall also be bound to take all necessary steps to prevent any stream or streams of water from being polluted by thier operations and in the event of any pollution arising fromm their operations the first parties shall be entitled to compel the said lesses to desist from causing the pollution. ....

Method of Working

.......(Seventh) The said lesses shall proceed in working the shale and coal hereby let in a regular scientific and proper practical manner and upon the pillar and room or long wall system or upon such other system of complete excavation as may be preferred by the said lesses and approved by the first parties, and if any dispute shall arise as to the working of the shale and coal the same shall be determined by the engineer of the first parties and where the workings shall be by open cast the said lesses shall be bound to lay aside the soil to the depth of at least twelve inches and the tirr in separate heaps at convenient places to be pointed out by the first parties or their factor such places being distant not more than one hundred yards from the site to the tirring operations and the said lesses shall where worked in open air keep the opencast or quarry face open and free of water,....

Restoration of Damaged Grounds

......and restore the damaged grounds from time to time as the working proceed and resoil the same from the heaps laid aside and the said lesses shall also be bound to carry forward the dipheas levels and other necesssary levels in a true water course direction and always, except where the shale or coal has been entirely wroughtout, to keep and maintain the same and wall places and roads from the pit bottoms to the wallfaces clear and patent amd also to make and maintain proper air courses to keep the going pits and air course and whole pits and whole works and fact of the unwrought shale and coal well aired and free from water and readily accessible and in case any disputes in reference to the mode in which the lesse conduct their operations shall arise the said operations shall be carried on at the sight and to the satisfaction of the first parties engineer: But it is hereby declared that as it is the intention of the parties hereto that as larger quantity of the said shale and coal shall be wrought out in every part of the field as amy be possible consistant with the legitimate interest of the first parties, the said lesses shall not be entitled to leave as being in their opinion unworkable to profit any part of the said shale and coal hereby let to which a pit has been sunk until it shall have neem previously ascertained that such part ought to be left by the inpsection and report of the first parties engineer who in deciding shall have due regard to the interests of both parties. .....

Plans etc.

........(Eighth). With the view of enabling the first parties to ascertain in how far the obligations of this lease are being at anytime fulfilled, the said lesses shall at their own expense make and carry forward separate distinct and accurate plans of the workings of each seam drawn to a scale of not less than half an inch to an imoperial chain and accurately show there on the whole pits, underground workings, aircourses and opencasts in or upon the said lands together with the position of all dykes, slips, wants and troubles which shall be not with in the workings and the plans of such workings shall be laid down, delineated and extended at least once in every twelve months as the workings advance during the currency of this lease in accordance weth the mines regualtions act of eighteen hundred and eighty seven, and the plans shall be produced and lent to the first parties or any person appointed by them at all times when required in order that the same may be checked, copied or compared, and at the natural expiry or earlier termination of this lease the said plans shall be handed over to the first parties as their absolute property.....

Journal of Bores

......and artified journals of bores and other explorations shall be furnished to the first parties from time to time when required by them and the sites of such bores and explorations shall also be marked by the said lesses whenever required by the first parties upon a plan to be provided by them and to be retained by them as their property......

Survey....

(Ninth) The first parties shall have power by themselves or others on giving the said lesses two days previous notice in writing to examine and survey the whole pits, mines, opencasts and workings at all time and to take plans thereof and for that pupose they shall have full and free access to and from the same and shall have every facility and reasonable assistance given them in doing so by the said lesses and those employed by them.....

Fences.....

(Tenth) The said lesses shall be bound properly and sufficiently to fence all ground damaged or taken possession of by them at the time and to maintain and uphold the fences so made in good and sufficient repair during the possession thereof and to leave them in the same state at the termination hereof, also at all times during this lease to keep fenced and secured in a sufficiebnt manner the roads, railways and tramways as well as the pitmouths and others to be made or already made if used by them and to take upon themselves all risk and liability for damage throught accessents or otherwise arising in anyway from their operations.......

Damaged ground

.......(Eleventh) The said lesses shall be bound to enclose all pits, already sunk or used or which may resunk or used by them when abanedoned, by or stone and lime wall at least six feet in height so as to prevent damage and danger there from, and if the first parties require it by a writing under the hand of themselves, their agents, the said lesses shall be bound to fill up in a proper manner said abandoned pits, and also to close up any abandoned on going in eyes,and at the termination of the lease to restore or apy for restoring all fences broken or injured by them to their former state and also to restore and soil over to a proper depth the surface of all ground injured by operations under this lease, and no,longer required by them to an arable or tenantable condition so far as arable or tenantable when entered upon or the said lesses shall in their option pay the first parties therefor at the rate of twenty five years purchase of the value of the ground immediately adjoining for all ground not restored, and declaring that no claim shall be competent against the said lesses to restore or pay damages at the expiry of the lease for ground occupied by plant railways, or others taken over by the first parties or by an incoming tenant of the mineral field hereby let. (Twelfth). The lesses subject to the provisions aftermentioned shall on the expiry or earlier termination of this lease leave the whole bridges accesses, cattle creeps, pits and roads railways and water levels then in use, aircourses, and all other workings of the unwrought minerals in the same good order and repair in which they are by this lease bound to keep them free of water, and they shall be bound within six months after said expiry or ealier termination if the first parties shall require it to fill up in a proper manner all pits and to close all mines and ingoingeye made and formed or such thereof as the said first parties shall point out.....

Removal

...... (Thirteenth) Within six months after the natural expiry or earlier termination of this lease the said lesses shall be bound to remove from the said lands other than the said eighteen acres let by the said building lease the whole engines,machines, rails and rail plates, sleepers and all other apparatus and utensils connected with the pits used in the working of the shale and coal hereby let as far as belonging to them unless the first parties shall prior to two months before such termination intimate to the said lesses their intention to take over all or any of the said machinery and others which the said first parties shall be entitled to do at a valuation to be made by two men of still, one to be chosen by each party or by an oversman to be appointed by such valuaters in case of their differing in opinion....

Purchase of Machinery

..... and provided always that if the whole of such machinery and other is not taken the first parties shall not be entitled to take parts of any one machine or erection so as to render the remainder useless, declaring that such shale and any products there from and coal as may remain and disposed of at the termination of the lease shall be also allowed to remain for six months if necessary to enable the said lesses to sell and dispose of them within that period and they shall be entitled to use railways and have all reasonable facilities for their removal but under the condition that said period of six months provided by this article shall only be allowed to the said lesses provided that the purposes for which the same id permitted do not in any way unduly interfere with or impede the working of the minerals by the first parties or by a new tenant, and the said lesses shall not be charged any mineral rent during such period of six months, but they shall be liable for all injury of every kind caused by them during such occupation including surface damages and also for payment of the surface rent....

Rent after Termination of Lease

....(Fourteenth) In the event of the bankruptcy or declared insolvency of the said lesses or of their failure to pay or in the case of dispute between the parties consign in bank in joint names or in court the said fixed rent or balance of lordship, as the case maybe, and wayleave within six mnonths after the same shall respectively become due then this lease shall in the option of the first parties to be delcared by a writing under their hand or tyhe hand of their factor or agent and intimated the lesses at least fourteen days before becoming operative, be hald as having terminated at the date not being less than fourteen days after intimation thereof to the lesses ad fixed by such writing, and the said lease shall there upon come to an....

Nullification

...... end be void and null without the necessity of any declarator or process of law to be used for that effect and such nullity in the event fits declaration in writing by the first parties or their factor or agent as aforesaid shall not thereafter be purgeable by payment any law or practice to the contrary not withstanding reserving nevertheless full power to the first parties to recover all arrears of rent or lordship or wayleave due at the time or to become due to them as law will and to insist upon the immediate fulfilment of all the obligations undertaken by and incumbent on the said lesses in respect of their possession at the natural expiry of this lease. (Fifteenth). It shall be in the power of the said first parties if and when they shall have declared this lease to have terminated as provided for an in the immediately preceeding article to enter into possession of the premises and to let the said shale and coal or otherwise dispose of the same as they shall think proper in the same manner as if this lease had never been granted, and in such event the first parties shall have the like optional right to take the buildings, engines, machinery, roads, railroads and apparatus and utensils connected with the working of the shale and coal hereby let at a valuation as before provided on the natural expiry or earlier termination of this lease as aforesaid, and declaring that the rights hereby conferred on the first parties shall in no way interfere with or prejudice their legal hypothec in the premises. (Sixteenth). On the natural expiry or earlier termination of this lease the said lesses bind and oblige themselves to flit or remove with their servants, workmen and others in their employment and whole property and effects furth and from the premises hereby let and thqat withoiut warning or process of removing to be used for that effect but that always subject to the power herein before conferred on the said lesses to remain on the ground for the purpose of removing buildings, mechinery, minerals and others. (Seventeenth) The obligations hereby undertaken by or imposed upon the parties hereto shall be held to be applicable to and binding upon the successors of the said trustees of the said Sir John Pender and the said lesses respectively as proprietors and tenants of the shale and coal hereby let for the time and all other persons who are or amybe legally bound and referrred the said parties respectively for fulfilment of the said obligations and in like manner the stipulations and obligations in favour of the said parties shall be available to and may be enforced by the successors and representatives of the said parties respectively, and.....

Arbitration

......(Lastly) For the various purposes before mentioned in regard to which the appointment of arbitors and an oversman is contemplated for deciding any question arising as the interpretation orm fulfilment of any condition or obligation in their leases any other matter arising out of the non-fulfilment thereof other than the questions which it is before provided shall be referred to the said first parties engineers the parties hereto agree that they shall each name a disinterested person as arbiter and the arbiter so chosen shall have power to choose their oversman in the event of their differing in opinion in respect to any of the matter at issue and the decision of such arbiter or oversman to be so chosen shall be finaln and binding on both parties or if either party fail when called on by the other party to name an arbiter or if the arbiter do not agree as to an oversman, it shall be competent tom either of the parties here to or their respective foresaids to apply to the sheriff of the Lothians at Linlithgow to name an arbiter or oversman to act in the preminses and whatever the said arbiter or oversman shall from time to time appoint and decide both parties shall be bound to implement and fulfil. And both parties bind and oblige themselves and their respective foresaids to implement and fulfil to each other their respective parts of the premises under a penalty of five hundred pounds to be paid by the party failing to the party observing or writing to observe the same and that over and above performance. And they consent to registration hereof and of the periodical accounts and abstracts beforementioned and of any awards or decreets 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 03 183537 03
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