Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 23
Part 23 of 59, (pages 204-221), mineral lease, coal at Woolfords and Easter Mosshat, 1908
In works book Woodfords
Lease Between James Hamilton Esquire of Woolfords and another and Pumpherston oil company limited Coal in the estates of Woolfords and Easter Mosshat
Dated 3rd & 18th March 1908 Reg'd 13th May 1908
It is contracted and agreed between the proprietor and the tenants as follows vizt: . . .
. . . The proprietors in consideration of then rents, lordships and other stipulations and with and under the conditions, restrictions provisions and declarations after mentioned let for the period specified in the immediately succeeding article to the tenants and their successors, and in the event of the tenant at any time being an individual, to his heirs the eldest heir female always succeeding without division and excluding heirs portioners and likewise excluding subtenants and subject to the declarations after written, also excluding assignees legal and voluntary. . . .
. . . All and whole coal, limestone and ironstone in the entire lands and estates of Woolfords and Easter Mosshat belonging to the proprietors situated both North and South of the Caledonian railway, and both East and West of the West Calder road in the parish of Carnwath and county of Lanark and extending in all to about one thousand two hundred and ninety acres, but such extent is not warranted: Reserving to the proprietors all other minerals of every descrption with power to let of work the same, but that without prejudice to any leases or missives of lease or agreements to let any such other minerals entered into between the proprietors and the tenants or to which the tenants may acquire right: and such other minerals shall be let and worked always so as not to interfere injuriously with the working by the tenants under this lease of the minerals hereby let declaring the notwithstanding the exclusion of assignees hereinbefore expressed it shall be in the power of the tenants to assign this lease to such responsible person or persons or company as the tenants may desire and of whose responsibility as assignee and tenant or assignees and tenants the tenants under these presents shall satisfy the artbiter under article twentieth hereof. . . .
. . . The lease hereby entered into, subject to the tenants right to terminate the same as aftermentioned, shall commence as at and subject as aforesaid shall endure for the period of thirty one years from and after the term of Whitsunday, nineteen hundred and seven: but the tenants shall have right to terminate this lease at the term of Martinmas nineteen hundred and ten, or at the term of . . .
. . . Martinmas at the end of each successor period of three years thereafter by notice in writing terminating the same to be given to the proprietor six calendar months before the Martinmas at which the lease is to demonstrate, and although the minerals let may have become exhuasted or unworkable to profit the tentants shall not be entitled to terminate this lease at any date other than the terms above mentioned, and before such relinquishment on the part of the tenants shall be allowed, all rents and royalties shall have been paid to the proprietors and all damages incurred by the tenants to any person shall have been settled. . . .
. . . The tenants shall have power, but always at their own expense to bore, search for work, win, burn, refine and sell or otherwise dispose of the minerals let and for that purpose to sink pits or shafts, erect buildings and dwelling houses make roads and railway and erect works and machinery and generally to do everything requisite for fairly and proper working the minerals let: . . .
Restriction of ground
. . . But the tenants shall not be entitled to occupy or use any ground which forms the site of buildings or is reasonably necessary for the comfortable occupation thereof and the places for sinking pits or shafts and the sites for the erection of machinery, buildings or houses and the route to be followed in the construction of roads ans railways shall be approved of by the proprietors or their factos or mineral engineer before being taken and used for any of these purposes: And the said pits and shafts on the said estates of Woolfords and Easter Mosshat shall not be sunk in any plantation or garden ground on the said estates and the tenants shall not have power to make bores, sink pits or shafts or break the surface of the ground for any purpose whatever within two hundred yeards of Woolfords house and Easter Mosshat house, or either of them or any farm steading or other house or covered buildings and if in the opinion of a mining engineer of good standing to be employed and paid by the tenants but to be approved of by the proprietors the bores, pits, shafts or other works can, without material interference with the interest of the tenants be kept at a greater distance than two hundred yards from these houses or either of them they shall be kept so far from themor it as is possible up to four hundred yards: . . .
Restriction of ground etc (continued)
. . . And minerals let shall not be worked within ten yards of any march with conterminous mineral fields unless where the same are leased by the tenants in which where the minerals in the barrier have not been already entirely removed mines of communication may be put through but only ar such places and under such conditions as shall be laid down by and engineer to be named by the proprietor, it is agreed that, if in the opinion of a mining engineer of good standing, to be employed and paid by the tenants but to be approved of by the proprietors as aforesaid it is necessary to leave minerals under or around Woolfords house and Easter Mosshat house or either unworked in order to protect said houses or either of them and relative offices from injury the tenants shall leave unworked the minerals within such area as said engineer may fix as desirable for the protection of said houses or either of them as offices and further it is agreed that the engineer of the proprtietors shall have power to restrict the workings near any farm steading or house or covered building other that Woolfords house and Easter Mosshat house above mentioned within the limits thought advisable by him . . .
Damage done by workings
. . . but notwithstanding the fixing of the area required for the protection of Woolfords house and Easter Mosshat house or any restriction of workings as aforesaid the tenants shall be liable for any injury which their workings may cause and shall make good or pay compensation for the same in accordance with the provisions of these presents on the subject of damage caused by mineral workings. . . .
. . . Nothing herein contained shall be deemed or construed as authorising proprietors which the proprietors are not themselves entitled to do free of all claims by such adjoining lands or the minerals therein shall be at the sole risk of the tenants and the tenants shall be bound to relieve the proprietors from the consequences of the same it being hereby specially provided and declared that the operations of the tenants under this lease in regard to the minerals let shall be limited to the working winning and carrying away of the same to the extent to which the proprietors are themselves entitled to work, win and carry away such minerals. . . .
. . . Upon payment of compensation for the ground occupied and for any damage or injury otherwise done, or loss or expense caused to the proprietors and their other tenants, the tenants without payment of a wayleave, may use for the conveyance of materials and minerals to and from lands not belonging to the proprietor any pits, shafts, mines, ways, roads, tramways or railways which they are entitled to use for purpose connected with the minerals let . . .
Compensation for ground occupied
. . . and said compensation shall be payable half yearly at Whitsunday & Martinmas with interest and liquidate penalty in case of now punctual payment as hereinafter provided in reference to the fixed rent and the proprietors reserve full power to make roads or railways for themselves or their tenants agricultural or otherwise or to use, either by themselves or their tenants agriculural or otherwsie any roads or railways made by the tenants but for such use of roads or railways made by the tenants the proprietor or their other tenants shall pay a tonnage rate, to be agreed upon or failing agreement to be determined by arbitration or aftermentioned in proportion to the use thereof such power to be subject and not preferable to the primary use thereof by the tenants for the conveyance of their traffic. . . .
Free use of railway siding
. . . The proprietor and their other tenants shall also be entitled without any payment to the tenants to the free use of the siding as extended which branches off from the Tarbrax branch line of railway adjoining the present coal pit. . . .
. . . The proprietor reserve full power to erect buildings on the said Lands of Woolfords and Easter Mosshat and the grant building or other leases and Feu rights of any portions thereof, and also by themselves or their other tenants to open and work quarries of stone or sand on the foresaid lands, all without let or hinderance from the tenants, but declaring that the tenants shall not be liable for any damage which may be caused by the tenants operations under this lease to any buildings or erections not at present on said lands and not substituted for buildings now exisiting thereon. . . .
Letting or selling of lands of Woolfords & Easter Mosshat
. . . The proprietor agree that they will not during the currency of this lease let or sell any part or parts of the said lands of Woolfords and Easter Mosshat for the purpose of being used to provide work for the unemployed or criminal or depraved or vicious or dissipated persons whom it is desired to remove from a town to the country nor themselves as proprietors of such lands use or permit to be used the said lands or any parts thereof of such purpose. . . .
. . . The tenants bind themselves and their successors and their capital stock and assets and in the case or an individual or individuals being tenants, his or their heirs, successors and representatives whomsoever, all jointly and severely without the necessity of discussing them on their order to make payment to the proprietors and their successors or assignees or to their factor or others, . . .
Lordships for period to Martinmas 1907
. . . legally authorised to receive the same at any place in Edinburgh or Lanarkshire the proprietors may appoint in respect of the period of endurance after the term of Martinmas nineteen hundred and seven of the lease hereby intered into the fixed rents after specified as the minimum payments and in addition thereto the excess if any of the lordships after specified for each year ending at Martinmas over the fixed rent for such year. . . .
Rents payable half yearly
. . . The fixed rents shall be paid half yearly in equal portions at Whitsunday and Martinmas for the six months preceeding these terms respectively and if the lordships exceed the fixed rent the payment in respect of the fixed rent, shall be imputed as payments to account of the lordships payable inn respect of the several years, ending at Martinmas, for which such fixed rents are pair and the excess if any of the lordships for the twelve months preceding each term of Martinmas, shall be paid within thirty days thereafter and such fixed rents and lordships shall bear interest at five per cent per annum from and after the respective terms or dates when the same become payable until paid and further the tenants shall pay as liquidate penalty, one fifth part more of the fixed rents or lordships, if they are not punctually paid on the respective dates when the same fall to be paid. The fixed rents above mentioned are as follows: . . .
. . . Firstly. The fixed rent of one hundred pounds in repsect of the year from Martinmas nineteen hundred and seven to Martinmas nineteen hundred and eight and Secondly The fixed rent of two hundred pounds yearly in respect of the entire period after Martinmas nineteen hundred and eight. . . .
. . . The lordships above mentioned are as follows vizt:- Primo (Firstly) For every ton of twenty two and one half hundredweights of gas coal, taken from the Hurlet seam of coal in said lands or any seam of coal in said lands in connection with the Hurlet seam, four pence halfpenny. (Second) On otgher gas coal one shilling for every ton of twenty two and one half hundredweights taken from the said lands (Third) For every tripping ton of twenty two and one half hundredweights of common coal taken for the said lands, if sold for household purposes, four pence halfpenny. Secundo (First) For every ton of twent hundredweights of raw limestone taken from the said lands threepence. (Second) For every ton of twenty hundredweights of calcined ironstone, taken from the said lands one shilling: Declaring that coal used at pits and mines for the purpose of raising coal and coal used for domestic purposes, by the workers at the pits and mines shall be free from lordships. . . .
. . . The tenants shall be entitled to deduct the sum by which the lordships in respect of any year ending at Martinmas shall fall short of the fixed rent actually paid for the same year from any excess of lordships over fixed rents, which but for the present provision would have been payable in respect of all or any of the immediately succeeding three year. . . .
. . . For the purpose of ascertaining the quantities and desciption of the minerals wrought out for Woolfords and Easter Mosshat and the amount of the lordships payable for the same as hereinbefore stipulated the tentants shall keep regular and accurate books in which there shall be entered daily distinct and exact accounts of the whole minerals raised or put out and of the whole minerals removed from Woolfords and Easter Mosshat and the manner of disposal thereof, or purpose for which they are sold so far as necessary accurately to ascertain the lordships payable and showing the names of the colliers and miners and other employed in working or putting out the same, and the exact quantities wrought and put out by each collier or miner or company of colliers and miners and others and in the event of the tenants making communications with any lands not belonging to the proprietors and of the minerals let being wrought from pits on lands not belonging to the propreitors or in the event of minerals in lands not belonging to the proprietors being wrought from pits in Woolfords and Easter Mosshat the accounts of the output of all such minerals worked in conjunction shall if required by the proprietors be exhibited to the proprietors along with the account of the minerals worked out from Woolfords and Easter Mosshat and until an accurate account of the minerals obtained from the mineral field of each proprietor shall have been made and recorded as aftermentioned the minerals obtained from the mineral field of each proprietor shall be kept separate and distinct and the minerals obtained from each mineral field shall be entered in separate books and so as to distinquish the daily output and disposal of the minerals raised from each mineral field and the tenants shall cause each hutch of minerals as it is drawn from the pit or mine, to be accompanied by a tally indicating the name of each miner or company of miners, sending the same up the pit or mine and each hutch of minerals shall be carefully weighed at the pit of mine mouth on a steelyard accurately adjusted to be provided by the tenants and the weight thereof and miners or company of miners names entered in the output books of the respective proprietors, so that the output of each miner or company of miners may be readily traced checked and correctly accounted for to each proprietor exactly as if it had been drawn up by a pit in his own lands and wherever a community of workings exists, the proprietors shall have power for their own satisfaction at any time, and as often as they may think proper, to have an inspection made of the books and also (if the tenants under this lease are entitled to exhibit the same to the proprietors of the mineral field hereby let) plans and workings of the minerals adjoining or communicating with the mineral field hereby let, . . .
Books to be open for inspection
. . . and the said books shall be exhibited and produced to the proprietor or their mineral engineer at the yearly settlements of the rents or lordships and the output books shall at all times be open at the works and the sale books at the tenants office or counting house . . .
Statement to be sent 14days from Whitsunday and Martinmas
. . . where the same shall be regularly kept all for inspection and examination by or on behalf of the propreitors who shall be entitled to take copies or excepts therefrom but omitting always the customer or purchasers names and the tentants shall furnish and transmit to the proprietor within fourteen days after each Whitsunday and Martinmas term during the currency of this lease a statement of the whole minerals wrought out, removed or disposed of from Woolfords and Easter Mosshat containing all particulars and information necessary to enable the propreitors to ascertain the amount of the lordships in respect of the period to which the statement is applicable all which statements shall be signed by the tenants or by thr three manager, secretary or clerk (if authorised to do so) and shall if required by the proprietors be verified by a statutory declarator of one or other of the aforesaid parties which statements shall constitute and determine primo loco the amount of lordships due and payable as aforesaid at the period before mentioned and shall warrant a charge being given for payment thereof, but shall not prejudice the propreitors rights or preclude them from showing by any other reliable evidence or method, that a larger quantity of minerals is chargeable with lordships if they are in a position to do so. . . .
. . . The proprietor shall be entitled at any time they shall think proper to appoint a checkgrieve or clerk at their own expense to take account of the output, sales and whole disposal of the minerals let and to see them correctly weighed on the steelyards and to test the accuracy of the said steelyards or weights: Which accounts may be compared at any time with the books kept by the tenants. . . .
. . . And the proprietors shall also be entitled to erect at their own expense any weighing machines they may think fit at convenient places at any pit or mine mouth or upon any road, railway or tramway through the foresaids estates whether above or below ground for checking the quantities of the minerals and other materials removed from Woolfords and Easter Mosshat upon which weighing machines the tenants shall allow the said minerals and other materials to be weighed if required. . . .
Bore journals etc.
. . . The tenants shall keep regular and accurate journals of all bores or trial pits put down in Woolfords and Easter Mosshat and shall furnish if and when required by the proprietors duly authenticated copies of said journals and shall mark the sites of the said bores or trial pits on a plan to be provided by the proprietor and shall also furnish copies of any analyses which may be made from samples taken out of said bores or trial pits. . . .
. . . The tenants shall allow the proprietors or their agents or engineer access at all times to the working plans and other documents kept by the tenants relating to the working of the minerals let to the tenants for the purpose of ascertaining the output of minerals or the value of products obtained from the same with the object of checking the output and quantities and values of products. . . .
Compensation for ground
. . . The tenants bind and oblige themselves and their foressaids as aforedsaid to pay to the proprietors half yearly at Whitsunday and Martinmas and with interest and penalty as hereinbefore provided in reference to the fixed rent-rent compensation at the respective rates aftermentioned for all ground already taken or occupied or which hereafter be taken or occupied by the tenants for the purposes vizt:- For all ground within the area shown by a border of red on the plan signed as relative hereto at the rate of five pounds per imperial acre per annum: and for all other ground at the rate of two pounds per imperial acre per annum beginning the first half yearly payment thereof at the term of Matinmas nineteen hundred and seven for so much ground as shall then have been so taken or occupied or rendered unfit and so on for the extent taken or occupied from time to time yearly thereafter during the currency of this lease or until the same be restored in manner hereinafter provided declaring with regard to any difference as to the extent of the ground taken or occupied as aforedsaid that the same shall upon the parties failing to adjust the same themselves be ascertained by arbitration in the manner hereinafter mentioned. . . .
. . . The tenants bind and oblige themselvers and their aforesaids during the whole endurance of this lease to pay to the proprietors and also (in so far as necessary to keep the proprietors skaithless) to the proprietors, feuars, tenants and occupiers of the lands under, upon or adjoining which the working and operations under this lease are to be carried on or to any other parties having right to claim the same respectively compensation for all damages of whatever kind, which may to done or occasioned by the workings and operations hereby authorised to the foresaid lands and to the crops and pastures thereon and produce thereof, and to any woods,plantations accesses wells, watering places, walls, fences, drains, waterpipes and water supply plant and railways and to any presently exisiting houses and buildings or houses and buildings which may hereafter be erected in substitution for existing houses or buildings as also to any stream or spring of water or to any public or turnpike road or other road and to free and relieve and indemnify the proprietor and their foresaids of and against all claims for any such damages or on any account in respect of or in connection with the foredsaid operations at the instance of any person or persons whatever and of all loss and expense incurred by the by reason of such claim: Declaring that all provisions in the leases of the agricultural tenants of the proprietors as to the ascertainment of such damages shall be binding upon the tenants and they shall be entitled to the benefit thereof: And also declaring that the above provisions are intended to keep the proprietors skithless and the tenants my resist any claim by third parties not involving liability on the proprietors. . . .
. . . The tenants bind and oblige themselves and their foresaids as aforedsaid to keep and maintain the whole going workings as well as such roads railways, buildings, machinery and plant as may be in use by the tenants in good tenantable order and repair during currency of this lease and to leave such of these as shall belong to and are to be taken over from the tenants at valuation as aftermentioned by the proprietors in such condition at the end or sooner termination of this lease, . . .
Method of working
. . . and also to work the minerals let in a regular proper and scientific manner without unnecessary omission or waste or loss of material and on the longwall room and rance other well approved method by which all the seams so far as practicable can be made available and so as not to bring down water from streams intersecting the lands of the proprietor and to keep the said going workings well ventilated free from water and readily accessible, at all times and to conduct their mining operations so as not to interfere with any roads, railways or erections now existing . . .
Pollution of streams
. . . or with any roads, railways or erections which may be made under any of the powers hereby reserved and so as not to cause any pollution to streams on the foresaid lands of the proprietors and to fill up and restore as far as practicable from the debris turned out and all open cast workings and where such open cast workings are adopted the tiring and soil to a depth of twelve inches where practicable shall be laid down in heaps at convenient places to be pointed out by the proprietors or those acting for them within one hundred yards of where they are lifted and the whole workings and operations of the tenants shall be regularly surveyed and shown and extended on a plan or plans thereof by an engineer to be employed by the tenant said plan or plans to become the property of the proprietor at the termination of this lease. . . .
. . . The proprietors or their engineer or other person appointed by them shall be allowed to inspect and copy any books and plans prepared by the tenants in connection with said workings at all times and the proprietors shall have power by themselves or their mining engineer to inspect and survey the said workings and operations at all reasonable times and the tenants bind and oblige themselves to afford the proprietors and their mining engineer every facility and assistance for the purpose of enabling them or him to make all such inspections both above and below ground, and in the event of any dispute arising as to the mode of working the minerals hereby let, such dispute shall be settled by arbitration in the manner hereinafter, mentioned. . . .
. . . The tenants bind and oblige themselves and their foresaids as aforesaid. . . .
. . . To fence in a proper and sufficient manner all ground taken possession of or occupied by them at any time and to maintain and uphold the fences hereby provided for during this lease and also to keep fenced and secured in a sufficient manner during the whole currency of this lease the roads, railways and tramways as well as the pit mouth and others to be made and to take upon themselves all risk and liability for damage through accidents or otherwise arising in any way from their operations . . .
Abandoned pits etc.
. . . To enclose all pits sunk by them when abandoned by a stone and lime wall at least six feet in height and to maintain the same so as to prevent danger therefrom and if the proprietors or their factor or law agent shall in writing so direct the tenants shall be bound to fill up in a proper manner such abandoned pits as may be no longer useful for the purposes of the mineral field hereby let, and also to close up any abandoned ingoing eyes and both during the currency of this lease and at its termination the tenants and their foresaids shall be bound to restore or pay for restoring all fences broken or injured by them to their former state: . . .
. . . As also to restore and soil over to a proper depth as before such operations the surface of all ground injured by their operations and not required by the proprietors to be left unrestored and to restore the same to an arable or tenantable condition or in the option of the tenants . . .
. . . to pay for the said lands compensation at all rate of Sixty eight pounds fifteen shillings per imperial acre for any lands within the said area shown upon said plan by a border of red: and at this rate of twenty seven pounds ten shillings for imperial acre for all other land. . . .
. . . To use their best endeavours and do all that lies in their power to prevent all persons in their employment from trespassing on the lands and other property of the proprietors and also, if so required by the proprietors and if and in so far as it shall be practicable for the tenants to do so to dismiss from their employment any person who keeps a dog, or who trespasses on the lands or other property of the proprietors after having been made the subject of complaint by the proprietors for keeping a dog, or for prior trespassing and the tenants shall not allow any such person to occupy any house belonging to or let to the tenants. Fourth On the natural expiry or sooner termination of this lease to leave subject to the provisions aftermentioned the whole accesses, pits and workings together with any railways machinery or plant which the proprietors any agree to take over at a valuation in the same good order and repair in which they are by this lease bound to keep and maintain them. Fifth Within six months after the natural expiry or sooner termination of this lease, if the proprietors shall require it to full up in a proper manner all pits, and to close all mines and ingoing eyes, made and formed as such thereof as the proprietors shall point out. Sixth Three months previous to the termination of this lease whether at the natural expiry or sooner termination thereof to offer to the proprietors the whole works machinery and movable materials of railways (except such as the proprietors are entitled to claim without payment as afterwritten) or entire parts thereof, at any pit or pits which the proprietors shall choose at a valuation to be made by the arbiters appointed as hereinafter mentioned. . . .
. . . On the natural expiry or sooner termination of this lease to leave subject to the provisions aftermentioned the whole accesses, pits and workings together with any railways machinery or plant which the proprietors any agree to take over at a valuation in the same good order and repair in which they are by this lease bound to keep and maintain them. . . .
. . . Within six months after the natural expiry or sooner termination of this lease, if the proprietors shall require it to full up in a proper manner all pits, and to close all mines and ingoing eyes, made and formed as such thereof as the proprietors shall point out. . . .
. . . Three months previous to the termination of this lease whether at the natural expiry or sooner termination thereof to offer to the proprietors the whole works machinery and movable materials of railways (except such as the proprietors are entitled to claim without payment as afterwritten) or entire parts thereof, at any pit or pits which the proprietors shall choose at a valuation to be made by the arbiters appointed as hereinafter mentioned. . . .
Purchase of machinery etc by the proprietors.
. . . Declaring that if the whole of such machinery and other at any pit is not taken to proprietors and their foresaids shall not be entitled to take parts thereof at such pit and it shall be in the option of the proprietors to accept or refuse such offer which option shall be excercised within sixty days after the offer shall have been made, and if not accepted within the said period such offer shall be held to have been declined and in the event of the proprietors or their foresaids refusing to take the manchinery and other foresaids, or any part thereof as aforedsaid then the tenants shall be bound within six months after the natural expiry of this lease or earlier termination thereof to remove from the ground the whole of said works machinery and others and all stocks of minerals and all rails, rail plates and sleepers but excepting rail, railplates and sleepers substituted for others on the ground at the commencement of this lease which said articles so substituted if claimed by the proprietors, . . .
Rent during removal of minerals etc.
. . . shall be left to them without payment and likewise to remove as aforedsaid all utensils and plant connected with the working of the said minerals and others let and everything else belonging to the tenants which shall not have been taken by the proprietor at a valuation as aforesaid during which period of six months the yearly rent or compensation before stipulated in respect of the ground occupied by the tenants shall be exigible, and in the event of the tenants or their foresaids not removing within six months after the expiry or sooner termination of this lease any such works or buildings, machinery, articles or substances as aforesaid then the same shall ipso facto belong to the propreitor without any claim for compensation or otherwise at the instance of the tenants or thier foresaids: If a the termination of this lease there shall be any dwelling houses on the lands the minerals in which are hereby let and belonging to the tenants as tenants under this lease and not as tenants under any other lease of the surface of said lands the proprietors shall have power to acquire the same or any part thereof from the tenants and if the proprietors and tenants cannot agree on the value at which the proprietors shall be entitled to acquire the same from the tenants the tenants shall be entitled to take down and remove the same at any time before the expiry of the said six months, and in the event of said houses or any of them not being removed before the expiry of said six months the same shall ipso facto belong to the proprietors without any claim for compensation at the instance of the tenants or their foresaids. . . .
. . . In the event of the bankruptcy or insolvency of the tenants or in th event of an order being made or an effective resolutiojn being passed for winding up any company, which may be tenants under this lease in respect of their inability to meet their liabilties or otherwise than for reconstruction amalgamation or the like, or in the event of the failure of tenants to report to the proprietors within fourteen days after any term of Whitsunday or Martinmas the output of mineral for the half year preceeding such term or to make payment or consignation of the lordships or fixed rents within fifteen days after the respective days on which the same should be paid then this lease shall in the option of the proprietors become ipso facto void and null at any date thereafter at which the proprietors or their law agent shall declare their option by notice in writing to the tenants and that without any declarator, removing or other process at law: Reseving nevertheless to the proprietors notwithstanding the exercise of the foresaid option, their full right to recover all fixed rents and lordships and other sums due or to become due to them and to insist upon the immediate fulfilment of all the obligations undertaken by and incumbent on the tenants under this lease. . . .
. . . The tenants bind and oblige themselves to flit and remove on the natural expiry or sooner termination of this lease with their servants, workmen and others in their employment and whole property and effects in so far as the same may not have been taken by the proprietors as aforedsaid furth and from this premises hereby let and that without any previous warning or process of removing to be used for that effect. . . .
. . . For the various purposes before mentioned in regard to which the appointment of a practical arbiter is contemplated and with regard generally to any dispute or questions that may arise between the parties with reference to the import of this lease and the conditions and obligations herein prescribed and any matter requiring to be adjusted between the parties hereto or hereinafter agreed to be settled by arbitration the same are hereby referred to the determination of any mining engineer to be agreed upon between the parties and should the parties fail to agree upon such referee then two arbiters who shall be mining engineers shall be appointed one of whom shall be named by each party and the said arbiters shall appoint an oversman to act in the case of their differing in opinion and they shall appoint such oversman before entering upon any submission and the decision of any referee arbitors or oversman to be agreed upon or nominated as aforesaid shall be final and binding on all concerned. . . .
. . . The proprietors oblige themselves and their foresaids to warrant this lease at all hands under the reservations, conditions, provisions and declarations before mentioned declaring further that the proprietors do not warrant the existance of the minerals let or any minerals whatever within the said estate or the correctness of any borings made in searching for minerals or that any borings or operations to be performed by the tenants in searching for and working the same shall be successful the obligation and engagement hereby undertaken by the proprietors being only that in case the minerals let are found within the area on the said lands before specified are hereby let to the tenants in terms of these presents. . . .
. . . The expressions "Proprietors" and "tenants" shall include their respective successors in title and the proprietors and tenants for the time being respectively and the parties hereto consment to the registration here of for preservation and execution. In Witness Whereof.