Description

Correspondence between The Pumpherston Oil Co Ltd and Mr M Hamilton regarding permission for Mr Hamilton to draw water from the company's wash house at Woolfords.

Letters date from 7th April 1950 to 20th May 1961. Includes: plan of area covered by agreement. Estimated date. Lease terminated from Martinmas 1953.

[page 1]

Telephone:

Auchengray 224

Woolfords

Cobbinshaw

West Calder

Midlothian

20/5/61

The Secretary

Scottish Oils Ltd

53 Bothwell Street

Glasgow C.2.

Dear Sir,

Water Supply – J.M.B/SHT

Thank you for your letter of yesterday’s date, stating that your company propose to continue the maintenance of the water supply pipe supplying Woolfords Farm.

Yours Faithfully

[redacted]

[page 2]

JMB/SHT

19th May, 1961.

Mr [redacted]

Woolfords

Cobbinshaw,

West Calder.

Dear Sir,

Water Supply

With reference to your letter of 18th instant in connection with the above, we have to state that this Company propose to continue the maintenance of the pipe supplying Woolfords Farm. If at some future date it is decided that the Comp[any should withdraw entirely from the area, the question of compensation which may be due to you will then be raised.

Yours truly,

For SCOTTISH OILS LIMITED

(Signed) R. Y. GILCHRIST

Secretary.

[page 3]

Telephone:

Auchengray 224

Woolfords

Cobbinshaw

West Calder

Midlothian

18/5/61

The Secretary

Scottish Oils Ltd

53 Bothwell Street

Glasgow C.2.

Dear Sir,

Water Supply J.M.B./SHT.

I refer to your letter of 11th inst.

As you state, Lanark County Council propose to take over & maintain the water supply to Tarbrax but they do not propose to maintain the water pipe from Tarbrax to this farm & it appears that they have changed their minds abut bringing a better supply to Woolfords village in the near future.

I am now left with this very long pipe from Tarbrax to Woolfords to maintain & perhaps renew at some future date & with no guarantee that the supply of water will not be interfere with instead of the original supply which came from a spring less than 200 yards from the farm holdings until your company destroyed it by underground workings.

I still consider that I am entitled to compensation & would be obliged if we could get this matter settled at an early date.

Yours faithfully

[redacted]

[page 5]

JMB/SHT

11th May, 1961.

Mr [redacted]

Woolfords,

Cobbinshaw,

West Calder.

Dear Sir,

Water Supply

With reference to your letters of 27th January and 2nd May in connection with the above, we have now been informed by the Lanarkshire County Council that they propose to take over and maintain the water supply to Tarbrax, only so far as it relates to the existing source of water from the springs at Dryburn Bridge. The supply for your farm therefore, is not affected by this decision and you will continue to be supplied as previously.

Yours truly,

For SCOTTISH OILS LIMITED

Secretary.

[page 6]

Telephone:

Auchengray 224

Woolfords

Cobbinshaw

West Calder

Midlothian

2nd May 1961

The Secretary

Scottish Oils, Ltd

53 Bothwell Street

Glasgow C.2

Dear Sir

Water Supply J.M.B/SHT

Please let me know if you received my letter of 27th January 1961 re supply of water to this farm & if so when I might expect a reply.

Yours faithfully [redacted]

[page 7]

Telephone:

Auchengray 224

Woolfords

Cobbinshaw

West Calder

Midlothian

27/1/61

The Secretary

Scottish Oils, Ltd

53 Bothwell Street

Glasgow C. 2.

Dear Sir,

Water Supply JMB/SHT

I received your letter of 25th inst. stating that as from Whitsunday 1961 your company will cease to be liable for maintenance & repair of water pipes, valves, etc on the supply of water which I receive at present.

The Lanarkshire County Water Engineer who informed me that the Lanarkshire County Council would be prepared to give me a supply of water but that I would have to pay for it.

The free supply of water which your company has given this farm for some considerable time was a substitute for the private supply which was used prior to it being damaged by your company when working the coal on this farm.

If your company is now going to withdraw from giving this farm an alternative water supply to the original one which they damaged, then I will have to claim compensation. I suggest that the compensation should be a capital sum which when invested would yield interest sufficient to pay the County Council for an alternative supply of water plus cost of installing storage tank and/or water pipe if required by the County Council.

Yours truly

[redacted]

[page 10]

JMB/SHT 25th January, 1961.

Mr [redacted]

Woolfords,

Cobbinshaw,

West Calder,

Midlothian.

Dear Sir,

Water Supply

As you are aware, this Company has given you a supply of water to the farmhouse and certain troughs for some considerable time. We have to inform you that all liability for maintenance and repair of water pipes, valves, etc., previously accepted by this Company will cease and determine at Whitsunday 1961.

On 15th October 1959, we approached the Lanarkshire County Council with the request that the water supply to the houses at Tarbrax etc., should be taken over by the County and although they carried out an inspection and we met them on the site, no decision has yet been taken.

Section 8 (1) of the Water (Scotland) Act, 1946 provides that “It shall be the duty of every local authority to provide a supply of wholesome water to every part of their district where a supply of water is required for domestic purposes and can be provided at a reasonable cost.” In view of this requirement we hope to learn at an early date that the County Council will be arranging to supply water to your property as from Whitsunday 1961. We shall not, of course, be taking any action to cut off the present supply, but we can accept no responsibility for its maintenance after that date.

Yours truly,

For SCOTTISH OILS LIMITED

(Signed) R. Y. GILCHRIST

[page 11]

THE PUMPHERSTON OIL COMPANY 53 Bothwell Street,

LIMITED Glasgow, C. 2.

18th April, 1950.

in your reply please

refer to JMB/AB

Mr [redacted]

Woolfords,

Cobbinshaw,

West Calder,

Midlothian.

Dear Sir,

Your letter of 7th instant addressed to our Mr Stein regarding a water supply from our system to one of your fields at Woolfords, has been passed to us for attention. We are agreeable to let you have a supply of water on the following terms and conditions:-

(1) That all our requirements are to be met first.

(2) That the pipe to be laid down by you shall not at any time exceed 1” in diameter.

(3) The water to be drawn off shall be used solely for the purpose of filling the trough in your field.

(4) The water pipe shall be laid at a depth of 2’6” below the surface of the ground where it passes through our property.

(5) The point of connection of your pipe to the top wash-house at Woolfords will be arranged between yourself and our Mining Manager, Mr Stein, and you shall make good any damage caused by the cutting of the track and the laying of the pipe, and at the termination of the arrangement the pipe shall be lifted and the ground restored by you to our satisfaction.

(6) We/

(6) We do not guarantee the quantity, quality or pressure of the water and the supply may be diminished or be liable to be cut off without previous notice.

(7) You shall not assign this privilege or give a further supply of water to a Third Party.

(8) You shall take all reasonable steps to prevent leakages and will have a ballcock fitted on the trough to control the flow.

(9) You shall free and relieve us of all claims at the instance of Third Parties for any loss, injury or damage resulting from your operations or arising in any way from the use of the water drawn from our wash-house,

(10) The privilege shall continue during our pleasure only and shall be terminated at any time by three months notice given on either side.

(11) We shall make no charge for this privilege.

If you agree to the above terms and conditions you might please sign the acceptance hereto and return to us. A copy is enclosed for retention by you.

Yours truly,

For THE PUMPHERSTON OIL COMPANY LTD.

Jas. E. B. Martin

Secretary,

[page 13]

- 3 -

THE PUMPHERSTON OIL COMPANY 53 Bothwell Street,

LIMITED Glasgow, C. 2.

in your reply please refer to JMB/AB

Woolfords,

Cobbinshaw,

West Calder,

MIDLOTHIAN.

Dear Sirs,

I hereby accept the above terms and conditions.

Yours truly,

[redacted]

26/5/50.

[page 14]

The Oakbank Oil Co. Ltd., Mr John Stein

Glasgow. Westwood Works.

JMB/AB 30th May, 1950.

With reference to your memorandum of 12th ultimo regarding the water connection for Mr Mathew Hamilton, Woolfords, we have now received Mr. Hamilton’s acceptance of our terms and conditions, and enclose for your information, copy of these conditions.

(Sgd.) JAS E. B. Martin

[page 15]

JMB/AB.

Woolfords,

Cobbinshaw,

West Calder,

MIDLOTHIAN.

Dear Sirs,

I hereby accept the above terms and conditions.

Yours truly,

[page 16]

S.O., LTD.

MEMORANDUM.

From WESTWOOD WORKS. To Mr J. E. B. Martin, Glasgow.

Our Ref. Your Ref. Date 12th April, 1950.

We beg to enclose herewith letter received from Mr Hamilton, Woolfords, making application for a water connection to supply a water trough in one of his fields. We are also enclosing a tracing shewing approximately the position of the tough, and the point at which he wishes to make the connection to our supply.

You will notice that this point is at the highest level of the village. We do not think it would interfere with our present supply provided he keeps the ball-cock in good order. As you are probably aware he has a similar connection at the lower end of the village which is in a more vital position.

[initials] J. P.

[page 17]

Telephone:

Auchengray 224

Woolfords

Cobbinshaw

West Calder

Midlothian

7th April 1950

Dear Mr Stein,

I do not have a proper water supply in the field at \behind/ the top of the row of houses at New Woolfords. I would like if you could give me permission to lead a pipe from the top wash-house to a drinking trough in the field. I would have a ball cock on the trough and the quantity of water used would not be great.

Yours faithfully

[redacted]

[page 18]

[redacted]

Woolfords,

Cobbinshaw,

West Calder.

Permission to draw water from one of our wash houses at Woolfords to supply water trough.

26th May 1950

[overwritten in red ink]

Cancelled from Martinmas 1953 See Disposition copy No 2