Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 29
Part 29 of 59, (pages 246-253), mineral lease, Dechmont, 1909
In works book Comp'd
Minute of agreement for lease of Dechmont Shale between Arthur James Meldrum & The Pumpherston oil Ltd
Minute of agreement for lease between Arthur James Meldrum of Dechmont, Linlithgowshire, of the first part, and The Pumpherston Oil Company Limited Incorporated under the companies act 1862 to 1880 and 1883 and having their registered office at No135 Buchanan Street, Glasgow, of the second part.
Dated 19th January 1909Aug & Sept 1911
see recent correspondence
Extent about (?) 1070 acres
The first party agree to let to the second parties and the second parties agree to take in lease from him all and whole the whole shale in those portions of the first parties estate of Dechmont delineated and outlined pink on the plan docquetted as relative here to, lying in the parishes of Livingston and Uphall and county of Linlithgow, with the usual powers to work and manufacture the same, subject always to the provisions hereof, declaring that no shale shall be wrought in such a manner as to withdraw support from the parts of Dechmont estate not included in this lease, . . .
Shale under roads & railways
. . . and declaring further that as regards shale under and adjoining railways and public roads the second parties shall only have right to work the same in so far as the first party is entitled to do so: . . .
. . . The whole coal and other minerals and mineral substances excepting shale are reserved to the first party with full power to him or his successors and his or their tenants to work, win, and carry away the same, but so that there shall be no unreasonable interference with the working out of the shale hereby let, the shale workings under this lease being in all questions between parties to be deemed to be the primary mineral working and not to be subordinate to the workings of any other minerals or substances in said lands. . . .
Entry entrance trial period
. . . The term of entry shall be eleventh November nineteen hundred and eight and the lease shall endure for thirty one years thereafter, but the first two years shall be regarded as a trial period, and second parties shall be entitled to give up the lease are eleventh November nineteen hundred and ten, or at any time prior thereto in giving one months previous written notice. The second parties shall further be at liberty, upon giving six months previous written notice, to terminate the lease at the expiry of each period of three years after eleventh November nineteen hundred and ten. . . .
. . . During the said trial period the second parties shall be bound to expend at least one hundred pounds in boring and exploring the minerals hereby let or the minerals in the immediately adjoining lands at a place not or places not more than one hundred yards from the Dechmont march at its nearest point, and to exhibit to the first party vouchers of the expenditure. The minerals found by the second parties either during or after the trial period shall be properly analysed and tested by them. . . .
. . . The second parties shall pay no fixed rent, but only lordships at the rate aftermentioned on shale raised during the trial period, but thereafter they shall be bound to pay a fixed rent as follows, vizt:- For the year ending Martinmas nineteen hundred and eleven, one hundred pounds; for the year ending Martinmas nineteen hundred and twelve, two hundred pounds, for the year ending Martimas nineteen hundred and thirteen, three hundred pounds; and for each of the remaining years of the lease after Martinmas nineteen and thirteen, three hundred and fifty pounds per annum, payable said fixed rent half yearly at Whitsunday and Martinmas; . . .
. . . or in the option of the first party there shall be paid a lordship of four pence for every ton of twenty hundred weights of shale raised from the said lands. The fixed rent in each year shall be treated as payment to account and the lordships shall be settled according to the usual practice of Martinmas yearly. . . .
. . . If the lordships for any year from Martinmas to Martinmas commencing at or after Martinmas nineteen hundred and ten are less than the fixed rent for that year, the second parties shall be entitled to make up the deficiency from any excess of lordships over fixed rent within the three immediately succeeding years, but in no year shall a less sum be payable to the first party than the fixed rent for that year. . . .
Shale under railways etc.
. . . If for the regular and systematic working of the shale hereby let the second parties ought to give a railway company or the owner of the surface upon which a railway or works connected therewith, or a public road passing through or over the first party's lands, has been or shall hereafter be formed, notice in terms of the seventy first section of "The railways clauses consolidation (Scotland) act 1845" or in any similar terms, the second parties shall be bound to give such notice: and in the event of the second parties, as the result of said notice, or under agreement or arrangement leaving unwrought any shale hereby let under or adjoining any such railways or works or public road, and of the second parties becoming entitled to receive compensation or other payment therefor, such shale shall be regarded as having been raised at the time when the second parties shall become so entitled, and the second parties shall be bound to include the same in their returns and to pay the first party lordships thereon at the foresaid rate. All questions as to when the second parties ought to give said notice, as to when they become entitled to compensation, and as to the quantity of shale upon which lordships shall be payable under this clause shall be settled, failing agreement, by the arbiters or oversman to be appointed in terms of the copy draft lease of Boghall aftermentioned: . . .
Surface & other operations.
. . . In connection with the working and manufacture of the minerals hereby let the second parties shall have power to carry on surface operations of all kinds including the sinking of its, the erection of retorts, refineries, and other works, and workmen's dwelling houses, and the formation of roads, tramways, railways, and others, and also the putting down of shale and debris heaps on that part of the said lands lying generally to the east of the irregular blue line drawn on said . . .
. . . plan commencing at a point on the Edinburgh and Bathgate road opposite to the road leading northwards to the West Bangour and terminating at Glen Cottages, but excepting plantations, gardens, ground and ground situated within one hundred yeards from any presently existing buildings, or from any building which may be hereafter erected in substitution for an existing building or any additions to such buildings. The second parties shall also be entitled to carry on surface operations of all kinds as aforesaid, other than the erection of retorts, refineries, and other works, and workmen's dwelling houses and the putting down of shale and debris heaps, on that part of the said lands which lies to the northwest of the green line drawn on said plan, commencing at a point near Dechmont road farm steading and running in an irregular curve to a point when it meets the Bathgate and Livingstone road two hundred and eighty five yards or thereby to the north west of Dechmont West Lodge, but excepting always, plantations, gardens ground, and ground within one hundred yards of buildings as abovementioned. No surface operations whatever shall be conducted on the remaining lands hereby let excepting the sinking of trial bores and for also necessary air or ventilating shafts at places to be approved of by the first party, and no ground whatever shall be occupied thereon except for these purposes – the whole shale in said remaining lands being to be worked out solely by means of underground communications either with one or other of said parts or with other lands. . . .
. . . In the event of the second parties desiring to take ground for the erection of retorts, refineries or other works, or workmen's dwelling houses (which they shall be entitled to do only on the eastern portion of the estate as above mentioned) the terms upon which they are to take and pay for the same shall be a matter of arrangement between the first and second parties may take and occupy for the purposes of the lease, or tender by their operations unfit for agricultural purposes, the copy draft lease of Boghall aftermentioned shall apply so far as consitiant with the terms of this agreement and which is to be docquetted and signed as relative hereto. . . .
. . . Without prejudice to anything hereinafter contained, the second parties shall be bound to leave unwrought a sufficient area of shale for the protection from damage of all ground feued or already agreed to be feued by the first party or his predecessors, with the buildings and others erected and to be erected thereon, and that notwithstanding that the areas of such feuars or tenants may sustain in consequence of the operations of the second parties under this lease and generally to free and relieve the first party of all claims at the instance of such feuars or tenants whatsoever in connection with or in consequence of mineral workings under this lease, but declaring that this clause shall not be held to confer on the feuars any rights not already vested in them by their existing feu contracts or by existing agreements to feu or at common law. . . .
. . . The second parties shall be entitled to take for the purpose of their boring operations such water as they may require from the existing field supplies, provided always that the requirements of the bestial on the estate shall be first supplied - the right of the second parties being subordinate to the maintenance of a sufficient supply for the bestail. In the evident of the present water supply to nether(?) Dechmon farm, which is drawn for an old bore, failing or so matereally diminishing in the opinion of the first party, as to give an insufficient supply at any time after the second parties shall have sunk a bore or carried out any other underground operations on the lands hereby let, or sunk a bore within one hundred yeards from Dechmont March in terms of article fourth hereof, the second parties shall thereupon, on demand by the first party, pay to the first party or sum of fifty pounds: Declaring that this payment shall be over and above any other payment which may in virtue of the provisions to that effect incorporated herein as aftermentioned or otherwise fall to be made by the second parties to the first party or his tenants in respect of damage top such water supply, or to any other water supplies. . . .
. . . The second parties shall be bound to supply to the first party copies of all journals of bores which they may put down or the lands hereby let whether during the trial period or thereafter or which they may during said trial period put down on the adjoining lands of Houston, Knightsridge, and Livingstone, or other adjacent lands, minerals in which are, or may be leased by them, so far as adjacent to or in the near neighbourhood of the lands of Dechmont, . . .
Analyses of shale
. . . and which journals they may be at liberty or an application obtain liberty to disclose to the first party, and also copies of the analyses and tests which they have made or may make of the minerals obtained by such bores; and they shall further be bound at all times when required to furnish the first party with copies of any other analyses or tests which they may make of the minerals in the lands hereby let: . . .
. . . Except so far as varied by or inconsistent with these presents and with the powers, conditions, provisions and other hereinbefore or hereinafter expressed, the powers, conditions, restrictions, and provisions contained in the copy draft lease between Colonel James Henry Cowan of Baghall in the county of Linlithgow and the second parties which is docquetted with reference hereto shall be and the same bew held as forming part of these presents, but subject always to the following further modifications vizt: . . .
. . . (1) The wayleave payment shall be at the rate of a half penny per ton of twenty hundred weights: (2) The clause in said copy draft lease which provides for payment to the proprietor of damage to houses and buildings shall be extended to the effect of binding the second parties to pay to the first party for any damage which may be caused by their operations to new buildings to be hereafter erected in substitution for existing buildings or as reasonable additions to existing or to such substituted buildings to be used for the same purpose as such existing buildings: (3) The provisions with reference to the taking of and payment for ground for works and workmen's dwelling houses and the clause prohibiting the sale of the estate or any part thereof for reclamation purposes shall not apply nor be incorporated: and (4) the sum payable in lieu of restoration of ground injured by the operations under the lease shall be at the rate of fifty pounds per acre instead of twenty five year's purchase: . . .
. . . At the expiry of said trial period if this lease shall not be terminated at Martinmas (eleventh November) nineteen hundred and ten as aforesaid, the parties shall be bound to enter into a formal lease at mutual expense on the terms and conditions expressed or incorporated herein and containing all other usual and necessary clauses all in terms necessary or useful for giving the said terms and conditions due and complete effect, including among such clauses provisions for safe guarding the interests of the first part as proprietor of the estate of Dechmont and so far as fairly consistent therewith for giving the second parties all proper and reasonable powers and facilities for working, winning, conveying, manufacturing, and otherwise disposing of the minerals hereby let as the primary mineral workings on said estate, and of any dispute shall arise in connection with the adjustment of said formal lease such dispute shall be referred to a writer to the signet of standing in Edinburgh to be agreed upon by the parties or failing agreement to be named by the sheriff principal of the Lothians and Peebles. . . .
. . . Whereas the precise line of march betwixt the first party's lands and the lands of Livingstone between Barracks cottage and Glen cottage is in dispute the proprietor of Livingstone claiming the narrow strip of plantation lying to the north of the road, while the first party claims that the centre if the roadway is the march: it is declared that the first party shall warrant the lease only from his own fact and deed as regards the part of the ground in dispute. . . .
. . . The parties bind themselves to implement 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 over and above performance: and they consent to registration hereof for preservation and execution: In witness whereof.