Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 07
Part 7 of 59, (pages 95-112), mineral lease, shale at Knightsridge, 1904
Lease of Shale on Estate of Knightsridge
Between Alexander Glendinning of Knightsridge and Pumpherston Oil Co Limited
Reg'd Dated 21st Nov'r 1904
It is contracted and agreed upon between the parties following, videlicit: Alexander Glendinning of Knightsridge in the county of Linlithgow heritable proprietor of the minerals herein after let of the first part and the Pumpherston oil company limited incorporated under the companies act eighteen hundred and sixty two to eighteen hundred and eighty and eighteen hundred and eighty three and having their registered office at one hundred and thirty five Buchanan Street Glasgow, . . .
. . . of the second part in manner following that is to say the said Alexander Glendinning has set and by these presents in consideration of the rents or Royalties and other prestations aftermentioned sets and in tack and assedation lets to the said The Pumpherston oil company, limited and their assignees or subtenants, (the said The Pumpherston oil company limited and their successors however notwith standing of the granting of any assignation and sublease remaining personally liable for all obligations incumbent on the lease under these presents in the same manner as if no such assignation or sublease has been granted) but secluding all trustees, managers or factors for behoof of creditiors (other than holders of debentures or debenture stock) whether of the original lesses and their heirs or of any assignees or subtenants as aforesaid (the said The Pumphertson oil company, limited and their foresaids being herein after referred to as "the lessees" or "the sub lessees) . . .
Minerals let Extent about 225 acres
. . . All and whole the whole seams so far as not already worked of bituminous or oil shale in the first partys lands and Estate of Knightridge delineated on the plan or sketch annexed and signed by the parties to these presents or relative hereto and lying within the Parish of Livingston and Uphall and county of Linlithgow, but reserving to the said Alexander Glendinning and his heirs and successors the whole
mijnes, metal, minerals, stones and other substances in the said lands and estate of Knightdridge other than the said seams of shale hereby let with full power to them by themselves 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 seam fit and to erect works in places most convenient for the manufacture of the same but so as not to interfere, . . .
. . . injuriously with the operations of the said lessses and that for the space of thirty one years from and after the term of Whitsunday nineteen hundred and four, which is hereby declared to be the lesses term of entry to the premises under these presents not withstanding the date hereof, . . .
. . . but declaring as at is hereby specially provided and declared that the lesses shall have the privilege of putting an end to this lease at the term of Whitsunday nineteen hundred and five on giving to the said Aleaxander Glendinning or his foresaid one months previous written notice of their intention to do so or at the term of Whitsunday nineteen hundred and eight or at the end of any successive period of three years after said last mentioned term on giving to the said Alexander Glendinning or his foresaids six months previous written notice: Declaring that it shall not be competant to the lessees at any time during the currency of this lease to urge on the first party that the said shale has become unworkable to profit and on that or any other ground see to renounce or put an end to the lease excepting at the period beforementioned, it being hereby understood that after Whitsunday nineteen hundred and five, this lease can only be put an end to at the said term of Whitsunday nineteen hundred and eight and at the expiry of any successive period of three years thereafter in manner foresaid and in no other manner and on no other ground whatever and until so put an end to this lease shall continue in full force and effect, and the lessees shall be bound to implement and fulfil the whole obligations therein contained until the natural ish thereof; And it is hereby declared and agreed that the following are the conditions and provisions under which the foresaid shale is let . . .
Conditions. I. Powers of Entry
. . . (First) The said lessees shall be entitled to enter upon any part of the said lands delineated on the said plan or sketch except plantations, gardens, ground and ground situated within two hundred yards of any covered building within which no surface operations shall be allowed, and a their own proper charge and expence
to search and make trials for by boring or otherwise and to work, win, raise, store,, carry away and disposed of the whole seams of shale hereby let as also to manufacture the said shale on a portion of the said (shale of the)(crossed out) mineral field . . .
Erection of Works etc
. . . not exceeding twenty acres in extent, to be pointed out by the said Alexander Glendinning or his factor, but not elsewhere and to sink pits or make opencasts or mines and erect engines and all requisite machinery for getting and drawing the said shale and pumping the water in the mines or for any other necessary purpose for getting the shale hereby let and to form water courses and reservations and hills for depositing the said shale and works suitable for manufacturing it and for refining the oil produced these from and in general to do everything requisite and necessary for carrying on the working and disposing of the said shale or products therefrom: . . .
Erection of Works
. . . Declaring however that all works to be constructed for manufacturing the shale and refining the oil shall be erected on the said twenty acres of land pointed out by the said Alexander Glendinning or his factor and the said lessees shall not have power to remove such works to any other part of the said lands except with the consent of the said Alexander Glendinning or his factor in writing: . . .
. . . And the said lessees shall also be entitled at their own expense to erect houses for the use of the workmen employed by them on the premises on such sites as may be approved of by the said Alexander Glendinning or his foresaids. (Second) The said lessees shall in like manner be entitled at their own expense to make but that only in such lines as shall be approved of by the said Alexander Glendinning or his mineral engineer, such roads, tramways or railways as may be necessary for working, winning and recovering the said shale and carrying away the same and . . .
. . . the said lesses 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 these purposes said bridges, accesses, cattlecrops and crossings to be placed at such places and in such manner as the arbiters and oversman to be appointed as aftermentioned shall, fouling agreement, determine and the whole to be executed to their or his satisfactions; but it is hereby provided that the said Alexander Glendinning and his agricultural tenants and his
other minerals tenants . . .
Tenants of Surface May Use Roads
. . . shall have power not only to cross but ot use all roads, tramways and railways to be made by the said lessees on the said lands but for which they shall be bound to pay the said lessees at the rate of two pence per ton per mile for all goods that may be conveyed by them 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 lessees as to them may seam proper but so as not to interrupt the said lessees operations the said lessees having a right to use the same for the purposes of this lease on payment of the like rate of two pence 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 lessees shall always be exercised by the said Alexander Glendinning in such a manner as to interfere as little as possible with and so far as not to interrupt the operations of the said lessees and in case of any difference of opinion arising in regard to the exercise of such powers and privilege or to the liabilities of parties in maintaining the said line or lines the same shall be determined by the said arbiters or oversman: . . .
III. Surface Tenants Rights
. . . (Third) It is hereby declared that this lease is granted subject to the whole right of the tenants of the surface of the ground the shale in which is hereby let, and the said lessees shall only be entitled to work the said shale and carry on the other operations authorised by this lease so far as such working of the said shale and other operations are within the powers reserved to the said Alexander Glendinning in the lease to the tenants of the surface of the said ground which lease with and under the reservations, conditions, provisions, stipulations and declarations before and after mentioned the said Alexander Glendinnning binds and obliges himself and his foresaids to warrant 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 hereby let either by the said Alexander Glendinning or by his predecessors or by any tenants thereof or against any encroachments past, present or future of neighbouring proprietors or tenants, the tenants under these presents taking the shale hereby let as the same is or may be and declaring that the said Alexander Glendinning only grants such rights
to the shale under the roads and railways within the bounds of this lease as he has himself and does not warrant the same to the said lessees: . . .
. . . For which causes and on the other part the said lessees hereby bind and oblige themselves with their whole capital assets and profits and thier successors whomsoever to make payment to the said Alexander Glendinning and his foresaids or their factors or others having legal authority to receive the same at any place in Scotland the said Alexander Glendinning or his foresaids may appoint . . .
. . . the sum of one hundred pounds sterling in name of yearly fixed rent form the year from Whitsunday nineteen hundred and five to Whitsunday nineteen hundred and six and the sum of two hundred pounds form each subsequent year of the lease . . .
(See page no 292)
. . . (it being hereby declared that no fixed rent but only a lordship at the rate aftermentioned shall be payable for the period of this lease prior to the said term of Whitsunday nineteen hundred and five) or otherwise in lieu of the said fixed rent, and in the option of the said Alexander Glendinning or his foresaids either . . .
. . . (First) a lordship or royalty of fourpence per ton of twenty hundred weights on all shale raised or put out and removed from and manufactured on the said lands under this lease as the weight of the said shale shall be ascertained in manner aftermentioned and that free from all cost, expense and deduction whatever, or (Second) a lordship of one-thirtieth of the value of the whole products (that is crude oil, including spirit naphtha and sulphate of ammonia) received from each ton of twenty hundred weights of shale raised or put out and removed from or manufactured on the said lands as aforesaid or manufactured elsewhere; Declaring that in ascertaining said value there shall be excluded from the calculation any sums for hire and use of casks, bags or packages and for railway carriage and shipping freights or other disbursements by the lessees consequent on delivery not being taken by the purchaser at the lesses works, and which may go the make up the gross price at which the lesses may sell said products, and whether sold by themselves or immixed with products from other shale the property of the lesses; which fixed rent and optional lordship shall be payable at two terms in the year . . .
. . . Whitsunday and Martinmas in the case of fixed rent by equal portions beginning the first terms payment of the said fixed rent at the term of Martinmas nineteen hundred and five
for the half year preceding and the next terms payment thereof at the term of Whitsunday thereafter and so forth half yearly termly and proportionally thereafter at the 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 the interest of each termly payment at the rate of five per centrum per annum from the respective terms of payment during the not payment thereof; and it is hereby declared and agreed to that at the term of Martinmas nineteen hundred and five and Whitsunday nineteen hundred and six and at every subsequent term of Martinmas and Whitsunday the half yearly fixed rent then paid shall be held as payments to account of the fixed rent or lordship for the year commencing with the previous Whitsunday and their acceptance shall not infer that the said Alexander Glendinning has passed from his right to demand the optional royalty above stipulated and which option he shall be held to have exercised whenever the lordship for the preceeding year exceeds the fixed rent and the balance of the lordships due for the preceeding year shall then be paid by the said lesses tot he said Alexander Glendinning as at the said term of Whitsunday, with interest and penalties as aforesaid; . . .
Lordships for the first year
. . . Farther the said lesses shall as soon as may be after the term of Martinmas nineteen hundred and four render to the said Alexander Glendinning or his foresaids an account of the amount fo shale wrought sold removed or otherwise disposed of by them during the period from the date of his entry to that term so that the amount of royalty 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 royalty as at the said term of Martinmas nineteen hundred and four with interest and penalty as beforementioned and similarly the said lesses shall as soon as may be after each term of Martinmas or Whitsunday thereafter until the fixed rent herein before stipulated begins to run render to the said Alexander Glendinning or his foresaids a like account of the amount of shale wrought sold removed or otherwise disposed of by them during the preceding half year and make payment of the amount of royalty due thereon as at each such term with interest and penalties as beforementioned; and it is hereby declared and
agreed to that if after the said fixed rent shall begin to run it shall, . . .
Shorts (see page no 292)
. . . happen that the removal of shale in any one year shall be less than would necessary to yield a lordship equal in amount to the fixed rent of that year then and so often as this shall happen the said lesses shall be entitled to work and remove free of lordships during the next three succeeding years of the lease such quantity fo shale 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 said Alexander Glendinning than the fixed rent stipulate for that year, and deficiency being only to be made up from excess of royalty and not from fixed rent; and the said lesses hereby furtherbind and oblige themselves at the term of Whitsunday yearly and with interest and penalty as aforesaid during the not? . . .
Rent for Ground Taken
. . . Payment to pay to the said Alexander Glendinning and his foresaids at the rate of seven pounds ten shillings per acre per annum for all ground taken for the purpose of works to be erected in virtue of the lease and a the rate of five pounds per acre per annum for all ground taken for workmen's houses and other buildings and a fore yearly rent or compensation as the same may in case of difference of opinion be settled by the said arbiters or oversman be appointed in manner aftermentioned for all other ground taken and occupied by them for the purposes of this lease or rendered unfit for agricultural purposes, beginning the first yearly payment in each case at the term of Whitsunday nineteen hundred and five for so 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 in manner hereinafter provided, further the said lesses hereby bind and oblige themselves to pay to the said Alexander Glendinning and his foresaids and also (in so far as necessary to keep him and them skaithless) to the proprietors, 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, . . .
Relief from Damage by Workings
. . . all damages of whatever kind which may be done or occasioned by the workings and operations hereby authorised to the said lands and to the crops and pasture thereon and produce thereof and to any woods, plantations, roads, accesses, wells, watering places, walls fences and railways and to any houses and buildings at present thereon,
as also to any stream water supply or spring of water or to any public road or highway or other road and to free, relieve and indemnify the said Alexander Glendinning and his foresaids of all claims for any such damages on account in respect of or in connection with the said operations at the instance of any person or persons whatsoever, and of all loss and expense incurred by them by the reason of such claims: Declaring that all provisions in the lesse of the agricultural tenant of the said Alexander Glendinning as to the ascertainment of such damages shall be binding upon the said lesses and he shall be entitled to the benefit thereof; and declaring that the said Alexander Glendinning and his foresaids shall be bound out of the sums which he and they may receive for ground taken or for damage caused by the operation of the said lesses to allow to the agricultural tenant such deductions from his rent as they may be entitled to under his lease in respect therof; And it is expressly provided and declared that the present lease is entered into under the following conditions and provisions videlicet:- . . .
Further Obligations on Lessees vigt:- I. Working of shale near marches
. . . (First) The said lessees shall not comminicate to any neighbouring proprietor the use of any of the pits or mines or workings of the shale 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 hereby let is stipulated except in the case of the march of any adjoining lands of which they may also be 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 at such places as shall be previously approved of by the said Alexander Glendinning's engineer . . .
Raising of minerals from lands adjoining
. . . and the said lessees shall also be entitled to raise the shale or other minerals let to or owned by 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 roads tramways or railways above or below ground which may be constructed by them under this lease for the conveyance of minerals obtained from the said adjoining lands of which they may be mineral tenants or owners or of oil manufacturers from the said minerals from the said adjoining lands to be manufactured on the said mineral field hereby let, and for the conveyance of minerals, merchandise or stores to the pits or workings on the said adjoining lands tenanted by the said lessees; 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 hundredweights of shale oil or other substances conveyed by the roads tramways or railways above or below ground on the mineral field . . .
. . . hereby let the said lesses shall pay a wayleave of one halfpenny, and in cases where a higher wayleave than one halfpenny for said tons is payable by the second party upon minerals from the field of shale hereby let when raised on or conveyed over or through other properties or reciproval higher wayleave of the same amount shal be payable to the proprietor of the seams of shale hereby let upon all minerals and substances from said other properties conveyed by the roads, tramways or railways above or below ground on the mineral field hereby let, which wayleave shall be payable at the same terms as the fixed rent herein before specified and shall be held to be due over and above the fixed rent and lordship herein before specified and shall in no case be imputed towards the making up of the said fixed rent. . . .
. . . (Second) In order that the lordship and wayleave may be correctly ascertained the said lessees shall in the first place be bound at their own expense to erect each pithead, minemouth, opencast or other convenient place a well constructed and suitable steelyard with index lever for weighing the said shale hereby let and for weighing the whole minerals and other substances for which a wayleave is payable and the whole shale for which a lordship 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 lessees in constant repair and in correct and accurate state at the sight required by the said Alexander Glendinning or his foresaids of the Inspector of public weights and measures for the district of Linlithgow, and care shall be taken to separate and keep distinct the 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 the mineral tenants and for this purpose each hutch of shale 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; . . .
Books: what these and accounts shall contain
. . . And in the second place the said lessess shall keep regular books and shall enter or cause to be entered daily therein
accurate detailed accounts of the weight of the shale obtained from the mineral field hereby let, and such accounts shall also specify the daily output, sales, consumption and disposal of the shale obtained from the mineral field hereby let and the price received for the manufactured products therefrom and other information in relation to said price above referred to and the said lesses shall also enter or cause to be entered daily in the said books accurate detailed accounts of the weight of the minerals obtained from the adjoining lands of which they may be the mineral tenants or owners by means of the mines on the mineral 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 said Alexander Glendinning or his mineral engineer at the yearly settlement at Whitsunday or within sixty days thereafter as beforementioned and shall likewise at all times be open and patent to them for inspection where the same are kept for their taking copies or excerpts there from but omitting always from such copies or excerpts the names of the lessees customers or purchasers of products; . . .
III. Accounts to Lesser Every Six Months
. . . (Third) The said lessees shall make out and transmit (primo) at the end of every six months during the currency of this lease to the said Alexander Glendinning or his foresaids or those acting for him or them an accurate account taken from the said books of the whole shale obtained daily from the mineral field hereby let and (secundo) at the end of every twelve months to the said Alexander Glendinning or his mineral engineer an accurate statement from said books of the nett prices received for the manufactured products from the shale obtained from said mineral field hereby let and also at the end of every six months and account of the minerals obtained from the said adjoining lands of which the said lesses may be mineral tenants by means of the mines in the mineral field hereby let and of the minerals and other subtances conveyed to and from the said adjoining lands as aforesaid by the roads, tramways or railways on or under the mineral field hereby let all which accounts shall be signed by the said lesses or by their manager or clerk (if authorised to do so) and shall if required by the said Alexander Glendinning or his foresaids by verified by the solemn declaration of one or other of the aforesaid parties in the form
of declaration substituted by act of parliament for oaths, which periodical accounts of admitted by the said Alexander Glendinning or his foresaids to be correct or an abstract thereof duly authorised by their signature shall constitute and determine primo loco the amount of lordship and wayleave due and payable as aforsaids at the period before mentioned and shall warrant a charge being given for payment thereof with power nevertheless to the said Alexander Glendinning or his foresaids within one month after each such period to resort to any other legal co-idence to ascertain and establish a larger quantity (if any) of shale and minerals and other substances as being chargeable with lordships and wayleave if they shall think proper. . . .
. . . (Fourth) The said Alexander Glendinning and his foresaids shall be entitled if they shall think proper at any time in addition to such modes of ascertaining the quantity of shale upon which lordships 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 their pits, mine?(illegible due to ink mark) opencasts or other places on the said mineral field hereby let for the purpose either of obtaining an account of the quantity thereof or of seeing them correctly weighed on the said steelyards . . .
. . . or of testing th accuracy of the steelyard and weights, which accounts may be compared at any time with the books kept by the said lesses; Further the said Alexander Glendinning and his foresaids shall have power to erect at their own expense any weighing machine they may think fit at the convenient places upon which weighing machine the said lesses shall allow the shale and other minerals and substances to be weighed if required forthe purpose of checking the weights or quantities: . . .
. . . (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 trespassing on the said Alexander Glendinnings lands or injuring the fences or occasioning annoyance to him or his tenants and specially the said lesses shall be bound if so required by the landlords and if and in so far as it shall be practicable for the lesses to do so to remove from their works or premises any person or persons who may be found guilty of fishing, poaching or otherwise trespassing and so injuring or disturbing the game and the said lesses shall not allowe any collies or sporting dogs to
be kept on, or taken to the ground embraced in this lease by any persons inn their employment: . . .
VI. How Operations are to be Conducted
. . . (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 said Alexander Glendinning and to the houses, fences, roads, woods and crops thereon and inconvenienced to him or his tenants and . . .
. . . the chimneys of any works to be erected by the said lesses be made not less that eighty feet in height and be fitted with proper smoke consuming apparatus and the said lesses shall be bound to take all necessary steps to minimise the nuisance 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 of Streams
. . . And the lesses shall also be bound to take all necessary steps to prevent any stream or streams of water from being polluted by their operations and in the event of any pollution arising from their operations the said Alexander Glendinning and his foresaids shall be entitled to compel the said lesses to desist from causing the pollution: . . .
VII. Mode of Working the Shale
. . . (Seventh) The said lesses shall proceed in working the shale hereby let in a regular scientific and proper practical manner and upon the pillar and room or long wall system or upon such other systems of complete excavations may be preferred by the said lesses and approved of by the said Alexander Glendinning and if any dispute shall arise as the the working of the said shale the same shall be determined by the said Alexander Glendinning's mineral engineer and where the workings shall be by opencast 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 said Alexander Glendinnings or his factor such places being distant not more than one hundred yeards from the site of the tirring operations and the said lesses shall where worked in the opencast keep the opencast or quarry face open and free of water and restore the damaged grounds from time to time as the workings proceed and resoil the same from the heaps laid aside and the said lesses shall also be bound to carry forward . . .
. . . the dip head levels and other necessary levels in a true water course direction and always, except where the shale has been entirely wrought out, to keep and maintain the same and wall faces and roads from the pit bottoms to the wall faces clear and
patent and also to make and maintin a proper air couses to keep the going pits and aircourses and whole pits and whole works and face of the unwrought shale well aired, redd and free from water and readily accessible and in case any dispute in reference to the mode in which the said lesses conduct their operations shall arise the said operations shall be carried on at the sight and to the satifaction of the said Alexander Glendinning's mineral engineer, but it is hereby declared that as it is the intention of the parties hereto that as large quantity of the said shale shall be wrought out in every part of the field as may be possible consistant with thw legitimate interest of the said Alexander Glendinning the said lesses shall not be entitled to leave as being in their opinion unworkable to profit any part of the said shale hereby let to which a pit has been sunk until it shall have been previously ascertained that such part ought to be left by the inspection and report if the said Alexander Glendinnings engineer who in deciding shall have due regard to the interests of both parties: . . .
. . . (Eighth) With the view of enabling the said Alexander Glendinning to ascertain inn how far the obligations of this lease are being at any time fulfilled the said lesses shall at their own expense make and carry forward separate, distinct accurate plans of the workings of each seam drawn to a scale of not less than half an inch to an imperial chain and accurately show thereon the whole pits, underground workings, aircourses and opencasts in or upon the said lands and upon adjoining lands where shale is being worked from both properties by the same pits together with the position of all dykes, slips,wants and troubles which shall be met with in the workings, and the plans of such workings shall be laid down, delineated abd extended at least once in every three months as the workings advance during the currency of this lease in accordance with the mines regulations act of eighteen hundred and eighty seven and the plans, including those of adjoining mineral fields if the lesses shall not be judicially interdicted by the proprietors thereof from so doing, shall be produced and lent to the said Alexander Glendinning or any person appointed by him 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 of the mineral field hereby let shall be handed
over to the said Alexander Glendinning as his absolute property and certified jounals of bores and other explorations shall be furnished to the said Alexander Glendinning from time to time when required by hin and the sites of such bores and explorations shall also be marked by the said lesses whenever required by the said Alexander Glendinning upon a plan to be provided by him and to be retained by him as his property: . . .
IX. Surveys by Lessor
. . . (Ninth) The said Alexander Glendinning shall have power by himself or other on giving the said lesses two days previous notice in writing to examine and survey the whole pits, mines, opencasts and workings at all times and to take plans thereof and for that purpose 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: . . .
X. Fencing of Workings.
. . . (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 their possession thereof and to leave them in the same state at the termination here of also at all times during this lease to keep fenced and secured in a sufficient manner the roads, railways and tramways as well as the pit mouths and others to be made and to take up on themselves all risks and liability for damage through accidents or otherwise arising in any way from their operations: . . .
XI. Abandoned Pits.
. . . (Eleventh) The said lesses shall be bound to enclose all pits sunk by them when abandoned by a stone and lime wall at least six feet in height so as to prevent damage and danger there from and if the said Alexander Glendinning requires it by a writing under the hand of himself or his agents the said lesses shall be bound to fill up in a proper manner said abandoned pits and also to close up any abandoned ingoining eyes, and at the termination of the lease to restore or pay 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 thei+r operations and no longer required by them to as good a condition when entered upon or damaged or the said lesses shall in their option pay the said Alexander Glendinning or his foresaids therefor at the rate of Fifty pounds per acre 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 said Alexander Glendinning or by an incoming tenants of the mineral field: . . .
XII. Accessories to be Left in Good Order.
. . . (Twelfth) The said lesses subject to the provisions aftermentioned shall on the expiry or earlier termination of this lease leave the whole bridges, accesses, cattle crops, pits and roads, railways and waterlevels then in us e, 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 and free of water and they shall be bound within six months after such expiry or earlier termination if the said Alexander Glendinning shall require to to fill up in or proper manner all pits and to close all mines and ingoing eyes made and formed or such thereof as the said Alexander Glendinning shall point out: . . .
XIII. Removal of buildings
. . . (Thirteenth) Within six months after the natural expiry or earlier termination of this lease the said lesses shall be bound to remove the whole buildings, workmen's houses and other erections, engines machinery rails and railplate sleepers and all other apparatus and utensils connected with the workings of the shale hereby let so far as belonging to them unless the said Alexander Glendinning shall prior to two months before such termination intimate to the said lesses his intention to take over all or any of the said buildings, machinery and others which the said Alexander Glendinning shall be entitled to do a a valuation to be made by two men of skill (being mining engineers) one to be chosen by each party or by an oversman to be appointed by such valuators . . .
Options of lease or to take over plant
. . . in case of their differing in opinion and provided always that if the whole of such machinery and others at any pit is not taken the said Alexander Glendinning and his foresaid shall not be entitled to take parts thereof at any one pit so as to render the remainder useless; they shall also on valuation as aforesaid be entitled to take workmen's houses: . . .
Shale Undisposed of
. . . Declaring that such shale and any products therefrom as may remain undisposed 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 this 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 is permitted do not in any way unduly
interfere with or impede the working of the minerals by the said Alexander Glendinning or by a new tenant and the said lesses shall not be charged any tent 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: . . .
XIV. Bankruptcy of Lesses
. . . (Fourteenth) In the event of the bankruptcy or declared insolvency of the said lesses or of their failure to pay or consign in bank inn case of any dispute thereanent the said fixed rent or balance of lordship as the case may be and wayleave within six months after the same shall respectively become due them this lease shall in the option of the said Alexander Glendinning to be declared by a writing under his hand or the hand of his factor or agent be held as having terminated at the date of such writing and the same shall thereon come to an end and 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 of its declaration in writing by the said Alexander Glendinning or his actor or agent as aforesaid shall not thereafter be purgeable by payment and law or practice to the contrary not with standing reserving nevertheless full power to the said Alexander Glendinning and his foresaids 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: . . .
XV. Reletting on Bankruptcy
. . . (Fifteenth) It shall be in the power of the said Alexander Glendinning if and when he shall have declared this lease to have terminated as provided for in the immediately preceeding article to enter into possession of the premises and to relet the said shale or otherwise dispose of the same as he shall think proper in the same manner as if this lease hade never been granted and in such event the
said Alexander Glendinning 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 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 said Alexander Glendinning shall in no way interfere with or prejudice his legal hypothec in the premises: . . .
XVI. Removal at Ish
. . . (Sixteenth) On the natural expiry or earlier termination of this lease the said lesses bind and oblige
themselves to flit and remove with their servants workmen and others in their employment and whole property and effects furth and from the premises hereby let and that without 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 grounds for the purpose of removing buildings, machinery, minerals and others: . . .
XVII. Obligations Incumbent on Representations
. . . (Seventeenth) The obligations hereby undertaken by or imposed upon the parties hereto shall be upheld to be applicable to and binding upon the successor of the said Alexander Glendinning and the said lesses respectively as proprietor and tenant of the shale hereby let for the time and all other persons who are or may be legally bound and representing 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 enforce by the successors and representatives of the said parties respectively: and . . .
. . . (Lastly) For the various purposes before mentioned in regard to which the appointment of arbiters and an oversman is contemplated for deciding any question arising as to the interpretation of fulfilment of any condition or obligation in this lease or 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 Alexander Glendinning's engineer the parties hereto agree that they shall each name a dis-interested 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 matters at issue and the decision of such arbiters or oversman to be chosen shall be final and binding on both parties or if either party fail when called upon by the other party to name on arbiter or if the arbiters do not agree as to an overman it shall be competent to either of the parties hereto and their respective foresaids to apply to the sheriff of the Lothians at Linlithgow to name an arbiter or overmans to act in the premises and whatever the said arbiters 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 willing to observe the same and that over and above performance; And they consent to registration hereof and of the periodical accounts and abstracts be forementioned and of any awards or decrets arbital interim or final to be pronounced as aforesaid for preservation and execution: In witness whereof