Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 05

code: 183537-05

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

Part 5 of 59, (pages 63-90), lease with Wester Breich Syndicate, 1904

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


Lease Between Wester Breich Syndicate Limited and The Pumpherston Oil Company

dated 6th May 1906

It is contracted and agreed between Wester Breich syndicate limited, incorporated under "The companies act 1862 to 1900" and having its registered office at one hundred and fourteen George Street Edinburgh, revitable proprietor of the subjects and others aftermentioned herein after called and referred to as " The first party" on the one and first part and the Pumpherston oil company limited incorporated under "the companies acts 1862 to 1880 and 1883" and having its registered office at one hundred and thirty five Buchan street Glasgow, herein after called and referred to as the "second party" on the other and and second part in manner following: That is to say the first party has set, and by these presents, in consideration of the Jack duty. Lordships or royalties and other prestations and conditions aftermentioned, sets and in tack and assedation lets to the second party and to such other incorporated company or companies as the second party may amalgamate with in terms of the powers contained in its memorandum of acssociations but excluding all other assignees, legal or conventional, direct or indirect and all subtenants what so ever. . . .

Exclusion of assignees

. . . Except that the second party may assign or subset on condition of its first procuring the consent of the first party or its successors in writing (such consent not being unreasonably withheld), and also continuing along with any such other assignee or subtenant liable for payment of the rent and lordships or royalties after written and for implment of the whole prestations and obligations undertaken by the second party

in this lease, and excluding also all trustees, managers or factors acting for behalf of creditors either of the second party or of any assignee, subtenant or other party to whom it may assign or subset the subjects hereby let, . . .

Irritancy

. . . and with and under the express condition that in case the second party or its assignees shall grant any assignation or subset of the whole or any part of the subjects hereby let in contradiction hereof, or allow the same to be adjusted for it or them or if it or they go into liquidation otherwise than in each case expressly for reconstruction or for amalgamation with another company or companies or resolve to wind up or become bankrupt by virtue of the bankruptcy laws or execute a trust conveyance of its or their property for behalf of its or their creditors, then and in any of these cases this lease shall in the option of the first party or its foresaids and without the necessity of any declaration or process of law for that effect become ipso facto void and null so far as regards the rights of the second party or its foresaids under the same and which nullity when declared by the first party or its foresaid in writing, shall not be purgeable by payment or performance, any law or custom to the contrary notwithstanding, and the first party or its foresaids, shall be at liberty to resume possession of the subjects hereby let in the same way and to the same effect as if this lease had come to its natural termination on the date on which the first party shall so declare it to be void and null, and shall be entitled thereafter to work, dispose of or let the whole or any part or parts thereof as it or they shall think fit, and the second party oblige itself and its foresaids in that event to renounce possession and consents that summary diligence pass for removing it or them therefrom and declaring that in the event of an irritancy as aforesaid taking place, the first party or its foresaid shall have in its or their power to purchase the buildings, machinery and others belonging to the second party or it's foresaids in manner aftermentioned, and that the termination of this lease under any of the foregoing conditions shall not import and acquittance or discharge of all or any of the obligations on the

second part or its foresaid incumbent on or undwertaken by it in these presents applicable to the period prior to the date of its or their removal in consequence of said irritancy. . . .

Subjects

. . . All and sundry the whole common coal and oil shale (and which are hereinafter called and referred to as "said minerals and others" or otherwise "the minerals" or "minerals and others hereby let") belonging to the first party in so far as the same underlie that part and portion of the lands and Barony of Livingstone called the Westertown or Farm of Breich situated in the parish of Livingstone and County of Linlithgow, . . .

190 acres

. . . extending to one hundred and ninety acres imperial measure or thereby, and bounded partly by the lands of Westwood and partly by the lands of Cuthill, on the West: by the lands of Gardnershall, Grovemount , and Whitehall respectively on the north: by the lands of mid-Breich on the east: and partly by the lands of Westwood and Cuthill, and partly by the high road between Westwood and Wester Breich on the south parts: . . .

Exception

. . . But excepting always from this lease the said minerals and others under the dwelling house and farm steading and other exisiting covered buildings on the said lands and for a distance of fifty yards around the same, measuring from the outer wall of each house or from such farm steadings other building connected with and being part of such farm steading: which case is granted always with the powers and subject to and with and under the conditions, reservations, declarations provisions, stipulations, restrictions and others before and aftermentioned, . . .

Power to work

. . . with power to the second party or its foresaids of its or their own proper charges and expenses to search for dig work win raise and carry away the minerals and others hereby let and for the purposes of this lease (but for no other use or purpose whatever) to sink pits, make opencasts, drive mines and levels, cut drains and watercourses, make roads, footpaths, railways and engine ponds, from hills for depositing or storing the minerals thereon, the second party or its foresaids fencing all these with a fence four and half feet high of such

construction as to exclude cattle and sheep and being bound to execute all operations and works whatsoever requisite for working and carrying away the minerals and others hereby let, and generally to do everything usual and necessary for the working, winning, draining and carrying away of the same, but all said footpaths or railways to be formed as aforesaid shall be laid out in manner to be arranged by the parties snd failing arrangement then in such manner as shall be determined by arbitration as aftermentioned: Declaring that the first party or its foresaids and it or their agricultural tenant shall have right to the use for agricultural and surface purposes of any common roads that may be formed on the said lands by the second party or its foresaid on payment of such a propertion of ther expense if keeping the same in repair as may be fixed by arbitration in manner hereinafter provided: . . .

Irritancy for arrears of rent etc

. . . And it is hereby stipulated, provided and delcared that this lease is entered into with and under the express condition that in case the second party or its foresaids shall allow more than teo terms rent or lordships or ascertained and duly advised royalties to be due at one time this lease shall, in the option of the first party or its foresaids and without the necessity of any declarator or process of law for that effect become ipso facto said and null so far as regards the rights of the second party or its foresaids under the same and which nullity when declared by the first party or its foresaids in writing shall not be purgeable by payment or performance and law or custom to the contrary not with standing and the first party and its foresaids shall be at liberty in its other option to resume possession of the minerals and others hereby let and shall be entitled thereafter to work, dispose of or let the whole or any part or parts thereof as it or they shall think fit in the same way and to the same effect as if this lease had come to its natural termination: . . .

Wayleave

. . . and this lease is granted with power to the second party or its foresaids, but only in so far as the first party has power to confer the same and in so far only as the second party or its foresaids by arrangement with the propreitors lesses or tenants of the lands adjoining the first party's saiud lands, can obtain power to do so to make

(subject to the approval of the engineer of the first party or its foresaids the same not being unreasonably with held) . . .

Wayleave

. . . communication between any mineral seam hereby let and any corresponding seam in lands adjoining the first party's said lands and to raise the minerals and other hereby let by pits or mines in the said adjoining lands so far as the proprietors lesses or tenants of these adjoining lands or minerals there in may authorise or permit the same to be done, and to raise the minerals of three adjoining lands by pits or mines in the first party's said lands, but subject always to the conditions herein after specified and with power also to the second party or its foresaids, so far as the first party has power to confer the same, to convey minerals worked by or belonging to the second party, ot its foresaids, but not minerals worked by and belonging at the time to others in the said adjoining lands either over or under the first partys said lands, but subject always to payment of the wayleave rent after mentioned: And it is hereby expressly declared that nothing herein contained shall warrant the second part or its foresaids interfering with the rights of the proprietors or tenants of the said adjoining lands without such proprietors or tenants consent and authority, and that there is left to and undertaken by the second party and its foresaids the duty and responsibility of making any arrangement with such proprietors or tenants which its or their operations may require and the second party or its foresaids shall have no power under these presents to do any act which would involve the first party or its aforesaid in responsibilty to any such proprietor or tenant or to any third party: And for the further proptection of the first party and its foresaids the second party hereby binds and oblige its self and its foresaids before working any of the minerals hereby let by pits on the beforementioned adjoining lands or any of them to deliver or exhibit to the first party or its foresaids a writing under the hand of the owners and mineral tenants of and others interested in the said adjoining lands to the effect

that the second party or its foresaid had received right so to work the said minerals and others, . . .

Workmen's houses

. . . and it is hereby specially provided and declared that the second party or its foresaid shall not be entitled to erect workmen's houses on the first partys said lands, excepting only in such convenient place or places on the portion thereof lying to the south of the Caledonian railways company's branch line as may be approved of in writing by the first party or its foresaids but which approval shall not be unreasonably refused or withheld: . . .

Use of shale

. . . Declaring as it is hereby expressly provided and declared that the second party or its foresaids shall not have power to use or consume the said shale at any hill fire or the premises for heat or light or in any other way except for its manufacture, sale or removal, and that it or they shall not have power to break or occupy or use in anyway or for any operation or purpose whatever the surface of the first party's said lands nearer to the dwelling house and other existing houses thereon or houses built on the sites of existing houses than one hundred and twenty years, . . .

Use of surface of grounds, roads etc

. . . and that no surface operations whatever shall be carried on by the second party or its foresaids between the said dwelling house and said other houses and the parish road intersecting the first party's said lands and the second party and its foresaids shall generally be bound to carry on all its or their operations and works so as to do the least possible damage to the first party's said lands and every part thereof and the existing buildings thereon or others erected on their sites. Consistant always with the working and removal in accordance with this lease of the minerals and other hereby let: And it is hereby provided that the second party or its foresaid shall not be entitled to the use in connection with the working or carrying awayof the minerals and others hereby let or otherwise of the road on the first party's said lands leading from the parish road to the said houses nor to the use of the surface of the grounds occupied by existing plantations on the first party's said lands: . . .

Nuisance

. . . And declaring that the second party or its foresaids shall not on any account or pretence whatever have liberty to carry on its or their operations under this lease in such a manner as to be a nuisance either to the first party or its foresaids or to its or their argricultural tenants or the proprietors of adjoining lands or others and the second party and its foresaids shall be bound to free and relieve the first party and its foresaids of all questions of nuisance arising with adjoining proprietors or others out of any operations hereby authorised or which may be done in consequence of the executing of these presents, but providing always and declaring that if the second party or its foresaids shall be prevented on the ground of such operations being a nuisance from continuing their reasonably necessary operations as tenants under this lease, they shall be entitled in its or their option to terminate this lease, and that in the same manner and to the same effect as if this lease had then come to its natural termination: And the second party or its foresaids shall not have power to allow any substance of any kind from their workings which may be of a deleterious or offensive or otherwise objectionable nature to be led or thrown into any burn or stream or other water on or adjoining the said lands belonging to the first party the effect of which might be to pollute or anyways effect the purity of such burn, stream or other water, and the second party or its foresaids shall not by any operation whatever be entitled to intercept or use any water on the said lands of the first party so not interfere with the rights thereto of and use by agricultural tenants or any others having right thereto and shall be bound to free and relieve the first party and its foresaid of all questions which may arise in regard thereto, and all expenses and damages thereby caused and sustained: . . .

Minerals Reserved

. . . Reserving always to the first party and its foresaids the whole ironstone, limestone, fireclay, whinstone. Freestone and whole other metals, minerals and other substances of whatever kind of description within its said lands other than the minerals and others hereby let, with full power to it or them and its or their tenants (but so as not to prevent or unreasonably interfere with the working and removal by the second party or its foresaids of the minerals hereby let) to search for, work, win and carry away the same

or any part thereof, and for that purpose as well as for any other purposes of conveyance to make roads, railways, and other which, if necessary, may cross on the level the roads, railways or others made by the second party or its foresaids, and to use any road, footpath or railway or others made by the second party or its foresaids on making payment for the use of such road, footpath or railway or others for these purposes of a proportion of the original cost of making, forming and laying and the future cost of maintanance the same corresponding to the traffic as the same shall in case of difference be determined by arbitration as aftermentioned: . . .

Marches

. . . And it is hereby specially provided and declared that notwithstanding any plan of the property, the second party and its foresaids shall above by the actual marches of the said lands of the first party, as such marches shall be pointed out by the first party or its representative or representatives to the second party, and in so doing it and they shall give special heed to the straightening, for two short spaces, of the march where it was most crooked between the first partys said lands and the lands of Gardnershall, which took place about or little less that sixty years ago and which ever since has been adhered to by the respective owners of these properties and their tenants, and although the straightening referred to was not made judicially nor by the intervention of writing, in any form the second party and its foresaids are not to disturb, but on the contrary it hereby oblige itself and them to abide by and conform to it, as it shall be so pointed out by the first party or its representative or representatives: . . .

Power to proprietors to enter upon premises

. . . And reserving also to the first party and its foresaids or to any engineer to be appointed by it or them, full power and liberty to enter into and upon and also free access to and egress from all parts of its said lands and of the premises of the second party or its foresaids whether above or below ground at all times seasonable in order to inspect and survey the same and the works thereof, and to ascertain how far the second party and its foresaids have fulfilled or are fulfulling the obligations under taken by it under theses presents or to take such plans as they may consider necessary or for any other purpose of inspection or survey, and also access to the first party

or its foresaids or it or their engineer or other person or persons to be appointed by them to the steelyards herin after referred to for the purpose of checking the weights: And in connection with such inpsections and surveys and without making any compensation in respect thereof, to make use of the engines, machinery whimsies, ropes, implements and articles for the time being, which the second party or its foresaids or its or their workmen use as a means of access to or egress from the said subjects and right to require the attendance on such engines and services on the occasion of such inspections and surveys of an overseer and two mines one or more in the employment of the second party or its foresaids whom the first party or its foresaids may select to accompany them and others foresaids in such visitations or inspections, they paying to the second party or its foresaids for said overseer and miners rateably for the time they may be so occupied or engaged, the sum which the second party or its foresaids may be in use to pay such overseers and miners for the ordinary work for such a length of time: . . .

Duration of lease

. . . And which said minerals and others the first party hereby let for the space of thirty one years from and after the term of Whitsunday nineteen hunded and four, which is hereby declared to be the term of the second partys entry to the premises by virtue hereof: . . .

Breaks

. . . But declaring that the second party and its foresaids shall be entitled and have full right and liberty to abandon this lease at the term of Whitsunday nineteen hundred and seven and at the end of every three consecutive years thereafter during the currency hereof, videlicet a the term of Whitsunday in each of the years nineteen hundred and ten, nineteen hundred and thirteen, nineteen hunderd and sixteen, nineteen hundred and nineteen, nineteen hundred and twenty two, nineteen hundred and twenty five, nineteen hunderd and twentyeight nineteen hundred and thirty one, nineteen hundred and thirty four, upon giving to the first party or its foresaids six calendar months previous notice

in writing of its or their intention to avail themselves of any such break, provided that before the relingquishment, all lordships or royalties, rents and arrears of rent, shall be paid to the first party or its foresaids: Declaring always, as it is hereby specially provided and declared that it shall not be competant to the second party or its foresaids during any of the said triennial periods to urge on the first party or its foresaids that the minerals and others hereby let have become unworkable to profit and on that or any other ground, except as herein before expressly provided, to seek to renounce this lease during the running of any of the aforesaid triennial period and before the natualish thereof, it being hereby declared that the said privilege shall supersede any right which the second party or its foresaids might have claimed to surrender this lease on the ground of the minerals and others hereby let being unworkable to profit or on any other legal ground or pretext whatever, except as aforesaid, which right is hereby expressly renounced and discharges and in case of the second party or its foresaids taking advantage of the said privilege, it or that shall be boudn at the time of surrendering the lease to fulfil all the obligations which would have been incumbent onit or them at the natural expiration thereof, in the same way and manner as if it had come to a conclusion by the lapse of the full period thereof: . . .

Warrandice

. . . Which lease, with and under the conditions, reservations, declarations, provisions, stipulations, restictions and others before and after written the first party hereby binds and obliges itself and its foresaids to warrant at all hands ands against all deadly: But declaring always that no warrandice is hereby granted against previous workings of the minerals and others hereby let, or any of them by any person or persons and that the first party does not warrant the existance, quantity or quality of any of said minerals and others in its said lands and that no warrandice is hereby granted against encroachments either of the neighbouring proprietors or tenants or of ant other person or party whomso ever and neither the warrandice above written nor anything else whatever herein contained shall be held or

contrued as inferring or implying any discharge or any conveyance by the first party to the second party of all or any right, claim or demand belonging or competant to it the first party on account of or in respect of any part working of the minerals and others hereby let or any of them or of any encroachment whatsoever thereon (if any such there has been or is) by any person or persons or party whomsoever all such right, claim or demand, and all action competant to the first party against the person or persons or party encroaching being hereby specially reserved and the obligations and engagement hereby undertaken by the first party being only that in case any of the said minerals and others hereby let are found underlying its said lands, the same shall be and are hereby let to the second party and its foresaids upon the terms and under the conditions before anf after written and no further: . . .

Rent

. . . For which causes and on the other part the second party hereby bind and oblige itself and its foresdaids to make paymeny to the first party and its foresaids or to some other person duly authorised to receive the same on its or their behalf of the sum . . .

£250.0.0

. . . two hundred and fifty pounds sterling of fixed yearly rent of the said minerals and others hereby let during each of the years of this lease, and which fixed rent shall be payable whether the second party and its foresaids shall work the minerals and other hereby let or not or in the option of the first party and its foresaids and in lieu of the fixed rent in respect of any full period of one year from one Whitsunday term to the next Whitsunday term to pay to the first party and its foresaids the several lordships or royalties after specified upon all said minerals and other which shall be wrought and raised or put out of the first party; . . .

Royalty

. . . said lands under this lease during all or any one or more of the years thereof and free of all cost, expense and deductions videlicet; . . .

Coal 4d

. . . First for each quantity weighing twenty hundred weight of common coal as put out at the pit or mine in the raw state or that overhead unriddled including dross, the sum of four pence

sterling, but no royalty shall be payable on all coal used for steam purposes in connection with the working coal in terms of this lease, nor for house coal used by workmen employed in working or raising the coal let by this lease: . . .

Shale 4d

. . . Second for each such like quantity of twenty hundred weight of shale as put out at the pit or mine the sum of fourpence sterling: And which fixed rent or respective lordships or royalties in lieu thereof as herein before stipulated, shall be payable to the first party or its foresaids or others as aforementioned as two terms in the year, Whitsunday and Martinmas (by equal portions in the case of the fixed rents) beginning the first terms or half yearly payment at the term of Martinmas nineteen hundred and four for the half year preceeding that term and the next terms payment at the first following term of Whitusnday for the half year then ending and so forth half yearly, termly and proportionally thereafter at said two terms during the currency of this lease, with a fifth part more of each terms payment of liquidate penalty in case of failure in the punctual payment thereof and interest at the rate of five pounds per centum per annum from the respective terms of payment during the net payment: . . .

Shorts (see end of this lease for 'shorts' scale)

. . . And whatever during the period of this lease the lordship or royalty in and for any year from Whitsunday to Whitsunday shall not amount to the fixed annual rent before specified and the first party or its foresaids shall take payment of the annual fixed rent for such year in preference to the lordships or royalty which it or they are entitled to do then and in that case the second party and its foresaids, as often as that shall happen shall be allowed, during the three years immediately suceeding such year, to put out an additional quantity over and above the quantity necessary to meet the fixed rent for the year of said minerals and others free of lordships or royalty to the extent the sum paid by it or them as fixed rent exceeded the lordships or royalty for the said previous year: declaring that as regards any one year this privilege shall be available only during the three years immediately succeeding that in which such defiency of lordships or royalty occured and only to the

extent of the excess of fixed rent over lordships or royalty during such year and no retrospective shall take place in respect of excess of fixed rent over lordships or royalties in any year or years more that three years back, with this exception and declaration, however that in the event of the fixed rent for the first year of this lease exceeding the lordships or royalties for that year, and if such fixed rent being exacted and paid, . . .

Shorts (see end of this lease for revised time allowed for making up 'shorts')

. . . then the second party and its foresaids shall have similar power during the five years immediately succeeding said first year to work as additional quantity over and above the quantity necessary to meet the fixed rent for the year of said minerals and others free of lordships or royalty to the extent of such excess but to no greater or other extent and only during the five year immediately succeeding said first year: And it is hereby provided and agreed that at each of the terms of Whitsunday and Martinmas in each year after whitsunday nineteen hundred and four, one half of the said fixed yearly rent shall be demandable and payable to the first part or its foresaids or others as aforesaids; and when the foresaid lordships or royalty rents are preferred at any term of Whitsunday for the year preceeding, the half yearly fixed rents previously paid for each year shall at the said term of Whitsunday, or as soon thereafter as the amount of the lordships or royalties for the year (after deduction shall have been allowed for making up shorts, if there are any redeemable, as above provided) has been ascertained be deducted from the amount of the years lordships or royalties with interest and penalties as aforesaid and the acceptance of any one or more half year fixed rent shall not infer that the first party or its foresaids have passed from their right to the optional lordships or royalties above provided for and at or within sixty days after the term of Whitsunday yearly and after it shall have been ascertained whether the lordships or royalties for the preceeding year (after allowing for shorts as aforesaid) exceed the fixed rent, it shall be in the power of the first party or its foresaids to declare its or their options between the fixed rent and such lordships or royalties of the preceeding year: . . .

Wayleave rent

. . . And further the second party binds and obliges itself and its foresaids to pay to the first party or its foresaids at each term of Whitsunday and Martinmas during the lease a wayleave rent of one halfpenny for each ton of minerals from lands other than those belonging to the first party which during the preceeding half year may be raised by pits or mines on the first partys said lands or that may be conveyed or carried by the second party or its foresaids either above or below ground through the first party's said lands or any part thereof, although they be not raised by a pit or pits in the said last mentioned lands,and the said wayleave rent shall be payable in addition to the surface or other damages that may be caused by the operations in the course of doing this; which wayleave rent shall not be computed as part of the fixed rent payable under this lease, but shall be in addition there to and to the lordships or royalties when they are exacted: And in order to ascertain with correctness the quantity of the minerals and others hereby let wrought from time to time by the second party or its foresaids (including both those wrought to raised by pits or mines in the first party's said lands and those wrought or raised by pits or mines in the adjoining lands as hereby authorised) and the amount of lordships or royalties thereon falling to be paid by it or them if demanded as before stipulated and the amount of the said wayleave rents, . . .

Steelyard

. . . the second party hereby binds and oblige itself and its foresaids to fix and maintain at each pit or minemouth a correct steelyard for weighing according to the imperial standard weight the said minerals and others as they are put out in the ordinary hutches daily and thereafter sold or otherwise disposed of and to cause the same to be weighed in detail thereon accordingly and also to cause regular books to be kept in which shall be inserted daily in a distinct manner the detailed and . . .

Output books

. . . gross daily output of the said minerals and others

from the said workings, and also the detailed and gross amount of each days disposal or of each days sale (or disposal)(crossed out) if sold of said minerals and others with the name and address of the purchaser, and also the whole other transactions connected with the working and raising and disposing of the said minerals and others and that daily as the same take place and are ascertained as aforesaid: . . .

Checkweights

. . . And further as an additional means of checking the said books to settle with and pay the men employed at the workings so much per imperial hundred weight of said minerals and others raised from said workings, all which settlements with the workmen shall be set forth as aforesaid in the said books, and which books shall at all reasonable times be open and patent at the pits or at the works of the second party or its foresaids to the first party and its foresaids or to persons authorised by it or them all or any of whom shall be entitled to take said copies or excerpts from the said books as they may think proper, and the second party or its foresaid shall also weigh or correct steelyards and keep a correct account daily of all minerals of the adjoining or other lands foresaid in respect of which a wayleave rent is payable to the first party or its foresaids as already provided, and the same provisions as are applicable to keeping an account of the output and disposal of minerals shall apply to the accounts to be kept for the said wayleave rents, but declaring always that where the minerals hereby let and minerals from other lands are worked from the same pit or mine it shall not be imcumbent on the lesses to distinguish in their daily records of salea and disposals as to which property the minerals come from; . . .

Returns to be made quarterly

. . . and the second party binds and oblige itself and its foresaids to cause to be transmitted quarterly (and that within fifteen days of each of the terms of Lammas, Martinmas, Candlemas and Whitsunday in each year) to the first party or its foresaids or to such person or persons so it ot they shall appoint, extracts from the said books showing the daily quantity of the minerals and others raised and weighed

as aforesaid, or which lordships or royalty has to be paid as aforesaid and on which wayleave rent is payable as aforesaid which extracts shall be certified by the second party or its foresaids or its or their manager, and if required by the first party or its foresaids shall be verified by it or them on solemn declaration in the form of declaration substituted by act of parliament for oaths, and which quarterly extracts may be compared at any time with the foresaid books kept byh the second party or its foresaids: And it is further provided and agreed that it shall be competant to the first party and its foresaid whenever it or they deem proper, to place at their own expense, . . .

Checkgrieve

. . . a checkgrieve at each pit or minemouth or other convenient place for the purpose of seeing the output correctly weighed and testing its accuracy of the steelyards and in order to take an account daily of the produce of the said minerals and others from the mines and disposal thereof and of the minerals on which wayleave rent is payable and which account maybe compared monthly or oftener if required by the first party ot its foresaids or such person or persons as it or they shall appoint, with the foresaid books kept by the second party or its foresaid: . . .

Discrepancies in weights

. . . And it is hereby provided that if there shall happen to be any difference between the books kept and the accounts rendered by the second party of its foresaids or between the said books and accounts and the books kept by the said checkgrieve the matter shall be settled by arbitration as aftermentioned, and when the correct produce and weights are so ascertained, the same shall be held as regulating the charge for lordships or royalty and wayleave rent, the first party and its, foresaids being nevertheless, until such ascertainment, entilted to demand and receive payment of lordship or royalty and wayleave rent on the quantity of the said minerals and others stated in the returns of the second party or its foresaids which shall be held as payments to account, it being always understood and hereby agreed to that if any difference shall be alleged to exist between the books to be kept by the second party or its foresaids and the accounts or books to be kept by the said checkgrieve, the said difference

shall be intimated to the second party or its foresaids within two months after the day or days on which said difference is alleged to have taken place, otherwise the said difference shall be disregarded and the books kept by the second party shalll be held as accurate and correct and the quantities therein stated shall be the quantities on which the foresaid lordships or royalties when preferred by the first party or its foresaids shall be reckoned: And ih the event of the second party or its foresaids making as aforesaid a communication or communications between the foresaid lands of the first party and minerals in any adjoining lands or any of the minerals and others hereby let being wrought from a pit or pits in adjoining lands being wrought from a pit or pits in the said lands of the first party, care shall be taken to separate and keep distinct the minerals obtained from the said lands of the first party from minerals obtained from such adjoining lands and the second party or its foresaids shall enter the said minerals in separate books to be kept for the purpose of entering them and shall distinguish the daily output of the minerals raised from each property and shall take care that each hutch of mineral as it is drawn from the pit or mine shall be accompanied by a tally indicating the name of each miner or company of mines sending the same up the pit or mine mouth and the weight thereof and the names of the miners or company of mines shall be entered in the output books of the respective proprietors so that the output of each miner or company of mines may be readily traced, checked and correctly accounted for to each proprietor in the same way as if drawn from his own pit or mine and in the event foresaid the first party and its foresaids shall have power (so far as the second party can completely grant the same, but which power the second party do not maintain they can confer upon the first party) for its or their own satisfaction at any time and as often as it or they think proper to have inspection made of the plans

and workings of the minerals in such adjoining lands and also to have full and free access to the books kept at every pit or mine on adjoining lands where the minerals and others hereby let or any of them may be put out or raised: . . .

Proprietors weighing machines

. . . Further the first party or its foresaids shall ahve power to erect at iys for their own expense any weighing machines they may think fit at the pits or mines or such other convienient places on the said lands as it or they may think proper upon which weighing machines the second party or its foresaids shall cause all the said minerals and other which may be thereafter raised or put out to be weighed if required for the purpose of checking the weights thereof: And in addition to making payment of the foresaids respective rents or lordships or royalties, . . .

Public burdens

. . . the second party binds and oblige itself and its foresaids to pay all public and parochial burdens payable by law by tenants, including road money or assessments, and further to pay a share along with all others of the expense of maintaining and repairing all parish or other roads including private roads used by them on the first party's said lands, . . .

Rent and damage for surface

. . . and further to pay annually at the term of Whitsunday for the year previous and until the ground be restored as aftermentioned for all ground that may be used, occupied or taken possession of by it or them of double agricultural rent in addition to payment to farm tenant for growing crops, unexhausted manures and severance and all surface and other damages occasioned at any time by its or their operations during the currency of this lease, and whether such damages shall be due to the first party or its foresaids or to its or their agricultural tenant according as the value and damages shall in the event of difference be ascertained by arbitration as aftermentioned with interest at the rate of five pounds per centum per annum for the date of taking and entering into possession of the ground or doing such damage as aforesaid till paid or where there is a continuous possession and payment from the date of the last payment till the subsequent payment be made: And declaring that all ground taken, used or injured by the second party or its foresaids for the purposes of the minerals of the aforesaids adjoining lands shall be paid for at double value: . . .

Damages

. . . And its is also declared that the second party or its foresaids shall be bound, as it hereby binds and obliges itself and them, to undertake the whole work and responsibility of and for anything(crossed out) any injury or damage that may be done in any way above or below ground, or to trees, plantations, wells,water courses, existing houses or houses built on the sites of existing houses or other property occasioned by or in consquence of its or their operations and the second party further binds and obliges its and its foresaid

to free and relieve the first party and its foresaids

^ of all claims which may be made against it or them by neighbouring properties, tenants or others on account or from the effect of any of the operations of the second party or its foresaids under these presents or of its or their neglect of any of the stipulating or of its or their nonfufilment or contravention of any of its obligations incumbent on it or them under these presents or otherwise: . . .

Bores etc

. . . And the second party hereby further binds and obliges itself and its foresaids to deliver to the first party or its foresaid within one month of making the same a correct copy of the journals of all bores or other explorations made by it or them on the first partys said lands as furnished by the borers together with copies of any analyses the second party may cause to be made of minerals from such bores or explorations which copies shall be certified by the manager of the second party or its foresaids, and the sites of the bores and explorations shall be also marked by the second party or its foresaids upon a plan of the lands to be furnished by the first party or its foresaids for this purpose with as great accuracy as possible: And without prejudice to the provisions and declarations and other s above written the following articles have been specially agreed on between the parties hereto and are hereby declared also to form conditions under which this lease is entered into, and the second party binds and obliges itself and its foresaids accordingly:- . . .

Conditions of working

. . . First the shale and coal hereby let shall be wrought in the most regular, approved and systematic manner as to keeping clear roads to the wall faces and ventilation and proper levels for drainage of the several shales and coal worked by the second party or its foresaids; Declaring that all the seams shall

be wrought out by the long wall, room and entrance, opencast or otherwell approved methods and where any of the said shale or coal is worked opencast the soil shall be carefully lifted and deposited apart from the deeper tirring and when the open casr workings are exhuasted they shall be filled up and levellled or brought to a suitable slope as the coal may require or admit and the soil previously deposited apart as aforesaid shall be replaced so as again to render the surface as fit for agricultural purposes as before: Second The levels, wallfaces, heading and aircourses shall be kept and left clear and patent during the working of any seam and until it be wrought out, . . .

Marches

. . . and it is hereby provided that the said workings shall on no side be carried within five yards of any march or boundry between the lands containing the minerals hereby let and adjoining lands without the written permission of the first party or its foresaids and of the proprietorsof the adjoining lands or minerals exception in the case of the march of the said shale field with adjoining lands of which the second parties may at the time mineral tenants or mineral proprietors, with which mineral field or fields, mines of communication may be driven and the shale or coal be worked as one field, care being taken as above provided to distinguish the output from each field and the said shale or coal shall not be worked under any roads or railway execpting as its permitted by the provisions of the Railway and Roads acts respectively it being hereby also agreed that in the event of any minerals being acquired by a railway company for the support of its line of railway, lordships at the rates herein before provided shall be payable by the second party and its foresaids out of the price received by them from the railway company and that in respect of the number of tons on minerals agreed by the railway company and the second party as purchased or acquired by the railway company: And it is hereby specially provided and declared that in addition and without prejudice to the provisions herein contained as regards damages the second party and its foresaids shall alone be responsible for any questions, loss or damage that may arise from their encroachment on any adjoining mineral fields or property or in

consequence of their working under or too near any road or railway: And the first party undertakes no responsibility for the accuracy of any plan of their property. . . .

Plans

. . . Third The second party and it foresaid shall be bound to keep forward plans at its and their own expense of each seam of the minerals and others hereby let which they may work showing at the end of each half year the excavationws which have been made during the previous half year and all dykes and hitches, wants of the mineral field or other troubles being carefully marked and delinated theron and which plans shall be exhibited and lent for a reasonable time to the first party or its foresaids or any person duly authorised on its or their behalf annully, half yearly or oftener if required and the first party and its foresaids and its or their doers shall at all time have access thereto and may take copies thereof and test their accuracy and at the end of the lease these plans shall be the absolute property of the first party or its foresaids without payment: . . .

Workable levels

. . . Fourth the second party and its foresaids shall be bound to keep all the levels and going workings and workings giving access to unexhausted workable minerals properly ventilated and in a regular ??? workable condition and open and readily accessible and workable state during the lease except in so far as and until the same he held as disused as after provided for and to leave the except in so far as held as disused as said is in the like state at their removal; And its is hereby provided that in the event of difference of opinion between the first party or its foresaids and the second party or its foresaids as to the mode of conducting said workings the question as often as it may arise shall be determined by arbitration as aftermentioned and thereafter the workings shall be carried on in accordance with the award and direction of the arbiter or arbiters or their oversman: Fifth The second party or its foresaids shall have no power to erect and use any house as a public house or as an inn or as a house for persons not employed at the works without the special permission

of the first party or its foresaids in writing first had and obtained and if any of the workmen or persons in the employment of the second party or its foresaids shall be convicted or found guilty of poaching . . .

Tresspassing etc.

. . . or be found unlawfully entering the plantations of the first party or its foresaids, the second party and its foresaids shall on receiving information to that effect from the first party or its foresaids discharge the said workmen or person from its and their employment and have him removed from the first partys said lands, if it shall be in the power of the second party or its foresaids to do so without entailing loss to themselves or suspension of any of the working operations: . . .

Restoration of ground

. . . Sixth The second party and its foresaid shall at the natural expiry or earlier termination of this lease at its and their own expense restore as far as possible the surface of all the ground occupied or used by them for roads, footpaths, pits, hills, railways, buildings if any of their erection or in aany other manner in the course of working, winning or carrying away the minerals and others hereby let ot its natural state and condition or in the option of the second party and its foresaids and in lieu of such restoration they shall pay to the first party or its foresaids compensation at the rate of seventy five pounds sterling per imperial acre, inclusive of all damage done by severence to adjoining ground; Declaring that no claim shall be competent against the second party or its foresaids to restore or pay damages at the expiry of this lease for ground occupied by buildings, works, plant, railways or others which may be taken over by the first party or its foresaids or by an incoming tenant of the minerals hereby let, with its or their consent: But it is hereby provided and declared that the second party and its foresaids shall not be entitled to discontinue and abandon any pit or mine or to fill up any levels, dooks or other workings or pits that may no longer be of use to it or them for working the said minerals and others without the written permission of the first party or its foresaids or person authorised by it ot=r them in writing, but in case the second party or its foresaids desire to discontinue and abandon

any pit or mine or to fill up any of the said levels, dooks or other workings or pits and the first party or its foresaids refuse to allow it or them to do so then it or they shall thereafter be relieved by the first party or its foresaids of the obligation to maintain the same or to fill up said levels, dooks or other workings and pits or to keep the same clear of the said minerals and others as herein provided and the said roads and levels, dooks or other workings and pits shall in either of these cases be held to be disued in the sense before referrred to all previous damages occasioned thereby being to be settled by the second party or its foresaids; And it is also hereby provided that all roads, footpaths,levels, dooks or other workings and pits which the second party or its foresaids shall have ceased to use but shall not have discontinued and abandoned and filled up or expressed their desire to discontinue and abandon and fill up as aforesaid shall, except as aftermentioned be maintained and kept and left open by the second party or its foresaids during the lease clear to the said seams but surrounded at the surface by a stone and limewall of at least six feet in height at each pit or mine mouth to be erected by the second party or its foresaids at its or their own expense and kept by it or them in proper repair during the currency of this lease and so left at its termination, the ground which has been used round such pits or pits on their ceasing to be used being again cleared restored as far as possible by the second party or its foresaids at its or their own expense to such state and condition as it was in before it or they entered upon the same or payment made aforesaid for the deterioration thereof: . . .

Filling up of pits etc.

. . . but it is hereby expressly agreed that the mine now in existence on the lands and any other mines which may be made by the second party or its foresaids shall in the option of the first party or its foresaids shall in the option of the first party or its foresaids at the termination of the lease be filled up by and at the expense of the second party or its foresaids to such depth as may be necessary to ensure

the stability of the surface and the ground occupied by the minemouth so far as not to restored shall be paid for as aforesaid: . . .

Purchase of buildings

. . . And it is likewise hereby provided and agreed that it shall be in option of the first party or its foresaids at the expiry or earlier termination of this lease to take over anty of the buildings or erections on the first party's said lands which may have been used by the second party or its foresaids for the purpose of working and winning the minerals and others hereby let as aforesaid at the price of value thereof, as the same shall be ascertained by arbitration as aftermentioned, the second party and its foresaids being thereafter relieved of the obligations to restore the ground occupied by such of the buildings or erections as may be so taken by the first party or its foresaids but any buildings or erections which may not be so required shall be removed and the sites thereof restored as far as possible to their natural state and condition or payment made as aforesaid for the deterioration thereof: . . .

Maintenance of roads etc.

. . . Seventh The second party and its foresaids shall during this lease maintain and uphold all roads, footpaths, (except such as may be discontinued and abandonded as referred to in the previous article sixth hereof) railways or others that may be constructed or used by it or them in proper order and repair and properly fenced at its or their own expense and leave them so without any payment except as aftermentioned at the termination of this lease if the first party or its foresaids shall require them to do so instead of lifting them and restoring the sites to their original state and condition as before provided, the first party and its foresaids being, however in that event bound to pay for all rails,

the value thereof as the same shall be ascertained by arbitration

chairs, keys and sleepers used in the construction of said railways ^ as aftermentioned, but if the second party or its foresaids be not so required, then it or they shall restore as far as possible such sites to their natural state and condition or make payment as aforesaid for the deterioration thereof: . . .

Fences

. . . Eighth The second party and its foresaids shall keep all going pits, hills, mines or otherworks made or used by it or them securely fenced as aforesaid with proper fences and gates and all roads, footpaths and railways securely fenced also as

aforesaid and with gates and stiles at the sides of the footpath and entrances to the farm fields and pay whatever damage may be sustained by the agricultural tenant or others in consequence of the said roads, railways, footpaths or others not being so fenced and secured as the same shall be ascertained by arbitration as aftermentioned: Ninth Its is hereby provided and declared that the first party and its foresaids and its or their tenants and others authorised by it or them shall have full power and liberty without charge to cross over any roads, footpaths or railways made raised by the second party and its foresaids shall be bound to construct and maintain in good order such bridges, level crossings and other accomodation works as are required in consequence of the formation of roads, railways or others works by it or them, and which in case of difference shall be fixed by arbitration as aftermentined , but without prejudice to the first party or its foresaids and its or their tenants or others to make at their own expense additional accommodation works beyond those fised by such arbiters, and thereafter use the same for any purpose whatever: . . .

Purchase of machinery and utensils

. . . Tenth It is hereby provided and declared that it shall be in the option of the first party or its foresaids at the expiry or earlier termination of this lease of which option notice (except in the case of this lease being terminated by either party otherwise than in virtue of the provision for a break at the expiry of every three year period in the option of the second party or its foresaids) shall be given by it or them at least three months prior to such expiry or termination to take the whole machinery and utensils or any entire part thereof thay may be then in use as it or they may choose at a valuation to be ascertained by arbitration as aftermentioned: Eleventh It is hereby agreed and the parties hereto bind and oblige themselves and their foresaids respectively that in case any question dispute or difference shall at any time arise between the first party and its foresaids on

the one part and the second party or its foresaids on the other part in regard to the meaning and construction of any of the provisions, stipulations, obligations and . . .

Reference clause

. . . clauses herein continued or the value of any land, houses, articles or things or in reference to damages and all questions which are hereby stipulated as if necessary to be settled by arbitration, the same shall be as they are hereby referred to the amicable decisions, final sentance and decree arbital of William Mitchell Miller, mining engineer Edinburgh, whom failing of James Alexander Robertson, mining engineer, there whom also failing (and for that purpose the parties hereto bind and oblige themselves and their respective foresaids to enter into a formal submission or reference)

to two neutral men of skill, one to be chosen and nominated by each party with power to the said arbiters in whatever way appointed to choose an oversman and to devolve on him any matter or matters upon which they may differ in opinion without affecting or in any way interfering with their general power of deciding such matters and questions as they may agree in opinion upon, and shall not specifically devolve on an oversman: Declaring that the award of the said William Mitchell Miller, whom failing of the said James Alexander Robertson, whom also failing of the said arbiters or of the said oversman on such matters as may be devolved on him as the case may be, shall be final and binding on the parties, and power is hereby conferred on the said arbiter, arbiters or overmans to pronounce interim or final decrees arbitral so often as they may see fit, and also to decern for expenses, except where the subject of reference is the ascertainment of the value of buildings, machinery,plant or utensils as aforesaid, in which case the expense of the reference shall be borne mutually: And further, in the event of either the first party or its foresaids or the second party or its foresaids failing for ten days to nominate an arbiter as aforesaid, while the other has nominated an arbiter, or in the event of the said arbiters failing for ten days to concur in the appointment of an oversman it is hereby agreed that the power of nominating an

arbiter for the party who declines or an oversman for the arbiters as the case may be shall devolve upon the sheriff of the said County of Linlithgow, and which nomination shall be final and not subject to review in any court whatever and be as effectual as if made by the party or by the arbiters: . . .

Removal

. . . And Lastly. The second party binds and obliges itself and its foresaid to flit and remove themselves and their servants workmen and dependants and effects firth and from the subjects hereby let, and the first party's said lands at the expiry of this lease without any warning or process of removing, and to leave the same void and redd to be entered and disposed of by the first party or its foresaids at their pleasure, but it is hereby declared and agreed that the second party and its foresaids shall be allowed free of lordship or fixed rent six calendar months from the termination of this lease to enable them to remove any buildings, machinery or others which may have to be taken away, and to dispose of and remove any substances that may be raised and unremoved at the expiry of this lease, and to retore the ground previously damaged or injured it and they being liable for all loss and damage which may be occasioned by it or them in course of its orm their operations during said period of six months, but it the event of any such buildings, machinery and substances as aforesaid not being removed by said six months then the same shall belong to the first party or its foresaids without any claim at the instance of the second party or its foresaids, amd which arrangement is hereby declared pactional and not penal and during the said period of six months the second party and its foresaids shall be bound so to use the ground as not unreasonably or unnecessarily to interfere with the storing or working during that period of the unexhausted minerals in the first partys said lands: And the second party binds and obliges itself and

its foresaids to pay for every year or part of a year that it or they and their servants, workmen or dependants and effects or any of them shall remain in or retain possession of said lands or any part thereof or of the minerals and others hereby let after the expiry of this lease (excepting as immediately herein before provided) whether by tacit relocation or otherwise contrary to the foresaid provisions, without a new bargain, double the sum of two hundred and fifty pounds sterling of fixed rent or in the option of the first party or its foresaids double the rate of lordships or royalties before specified and which additional rent and lordships or royalties are also hereby declared to be pactional and not penal and to be payable by the second party or its foresaids in equal proportions at the same terms as herein provided in reference to the said original rent and lordships or royalties, and with interest and a corresponding penalty as stipulated in reference to the same original rent and lordships or royalties: And the parties hereto bind and oblige themselves and their respective parts of the premises to each other under ther penalty of one thousand pounds sterling to be paid by the party failing to the party observing or willing to observe their part thereof and over and above performance: And both parties consent to the registration thereof and of the accounts and abstracts before mentioned and of any awards or decree arbitrals interim or final to be pronounced as aforesaid for preservation and execution: On Witness Whereof - - -

Shorts. Pages 74 &76 altered arrangement for making up "shorts" as per our letter of 22nd November 1905 to John Oliver, Edinburgh and his acknowledgement of 24th of same month. These letters put past in safe 7/12/05

Time to be allowed to make up "shorts" occurring in the first year of lease = Seven years

do do do do do do second do = six years

do do do do do do Third do = five years

do do do do do do fourth do = four years

do do do do do do fifth do = three years

and thereafter as provided for by the law

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 03 183537 03
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 04 183537 04
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