Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 04
Part 4 of 59, (pages 45-62), mineral lease, shale in Houston, 1906
Lease of Shale in Houston Wood and Moor
Between Miss Grace Shairp and The Pumpherston Oil Co. Ltd
dated 22nd April 1906
It is contracted agreed and ended between the parties following videlicet:- Miss Grace Shairp, residing at number seven Melville Crescent, Edinbugh, heritable proprietor of the lands and minerals aftermentioned, (the said Miss Grace Shairp and her heirs and successors in the proprietors part of this lease being hereinafter referred to as the "proprietrix") of the first part and the Pumpherston oil company limited, incorporated under the companies acts eighteen hundred and sixty two to eighteen hundred and eighty and having their registered office at number one hundred and thirty five Buchanan street, Glasgow, the said the Pumpherston oil company limited and their successors in the tennants part of this lease being hereinafter referred to as the "tenants" of the second part, in manner and to the effect aftermentioned: that is to say the proprietrix has set and by these presents in consideration of the rent, lordships and other prestations and obligations after specified, hereby sets and in tack and assedation lets to the tenants . . .
Assignement of Lease
. . . with power to them to assign this lease to such other incorporated company or companies as the said Pumpherston oil company, limited, any amalgamate with in terms of the powers contained in their memorandum of association and that without any further consent or approval of the proprietor and also with power to the tenants to sublet the subjects hereby let or assign this lease as a whole to a sub let or any other assignee to be approved of in writing by the proprietor and the tenants always remaining liable for the rent or lordships and performance of the prestations and obligations after written but excluding all trustees managers or factors for behoof of creditors, either of the tenants themselves or of any sub tenant or assignee to whom they may sublet the subjects hereby let or assign these presents in virtue of the above powers to that effect in any way or shape and under the conditions after specified: . . .
Description and Extent
. . . All and whole the whole seams of oil or bituminous shales existing and unwrought under (First) All and whole that large field or enclosure of ground known as Houstoun wood containing one hundred and one acres or thereby and (Second) All and whole that field or enclosure of ground known as Houstoun moor containing fifteen acres or thereby, both imperial measure, which two fields or enclosures are parts and portions of the lands and estate if Houstoun in the parish of Uphall and County if Linlithgow and are deliniated and coloured red on the plan or sketch annexed and signed as relative hereto: Reserving always to the proprietrix the whole coals, clays, fireclays, limestone, ironstone, freestones and all other metals and minerals of every description, except the seams of oil or bituminous shales hereby expressly let, within the said lands the shales in which are hereby let with full power to the proprietor or her tenants or others to search for work win and carry away the same or any part thereof and for that or any other purpose to carry on all necessary works and operations above or below ground and to use all underground roads, railways, tramways and others formed by the tenants through the minerals hereby let, but always in such a way as mot to interrupt the operations of the tenants in working the shale hereby let: . . .
Shale Under Roads and Railways
. . . And also excepting from this lease all seams of shale under and along the sides of all public roads and railways, if any running through the said lands acquired by the road authorities or railway companies and the working of which may be contrary to law or beyond the power of the proprietrix declaring that the proprietrix shall not be held as warranting in anyway the seams of shale under, adjacento and along the sides of the said public roads and railways, if any against the power of the authorities or railway company to acquire the same under statutory powers or otherwise: But in the event of any such seams of shale being so acquired the prices received therefor shall belong to the tenants but the shale so acquired shall be taken into account in ascertaining the royalty to be paid by the tenants and that in all respects as if the said shale had been actually wrought out by the tenants and in the year in which the tenants shall receive the price thereof: . . .
Notice to Railway Companies
. . . providing always that in the event of the tenants working under or within five yards of any roads, they shall be bound securely to pack and under build the grounds so as to prevent any damage being done and also that the tenants shall observe and comply with all statutory provisions with reference to the working of minerals under and adjacent to railways and giving due previous notice to the railway companies: . . .
Duration of Lease and Entry
. . . 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 term of the tenants entry to the premises; but notwithstanding said term of entry it shall be in the power of the tenants to commence trial operations on the delivery hereof and prior to the said term of Whitsunday nineteen hundred and four the tenants always paying to the proprietrix lordships at the rates aftermentioned on any shales wrought during said period between the date of . . .
. . . their commencing such operations and the said term of Whitsunday nineteen hundred and four and on the conditions hereif before and after written: . . .
. . . Declaring that the tenants shall be entitled to break and put an end to this lease at the term of Whitsunday nineteen hundred and five on giving one months previous written notice of their intention and at the term of whitsunday in every third year
year thereafter on giving six months previous written notice in each case to the proprietrix or her factors agent for the time of their intention so to do buy they shall not be entitled to put an end to or denounce or abandon this lease or to be relieved of the payment of rent or lordships and performance of the tenants obligations during said triennial periods on the ground of the exhaustion of the minerals hereby let or of their being unworkable to profit or upon any other ground or pretext whatever: With power to the tenants at their expense and under the declaration and conditions afterwritten to search for, work, win and carry away the seams of shale hereby let but that only from pits sunk on other lands that those the minerals in which are hereby let as aftermentioned and that as fully and freely as the proprietrix could do herself but the tenants shall be bound to free and relieve the proprietrix of all questions of damages or nuisance arising with adjoining proprietors or others out of their operations: . . .
Sinking Mines and Pits
. . . Declaring always as it is hereby expressly provided and declared that the tenants shall not be entitled in working the minerals hereby let to sink any pits or erect any buildings or machinery or conduct any surface operations whatever the surface of the lands the minerals in which are hereby let all which operations are hereby expressly prohibited it being agreed between the parties that the minerals hereby let shall be worked solely by pits sunk in other lands than those the minerals in which are hereby let; And for the working of the seams of shale herby let but for no other use or purpose and under the reservations and conditions herein before and after specified the tenants shall be entitled to fit up such underground machinery as may be necessary for the working the seams of shale hereby let by means of pits on other lands than those the minerals in which are hereby let and in general to do everything requisite and necessary underground for carrying on the working and removing of the seams of shale hereby let: . . .
. . . Further declaring that in no case shall any minerals be wrought out or mining operations underground carried on in or written the statutory distances of any road or line of railway; And in the case the tenants shall use for the purpose of the lease such roads and others as may already be in existence upon the lands the minerals on which are hereby let that shall be bound to make payment to the proprietrix of a proportion of the expense of maintaining the same corresponding to their use thereof as the same shall in case of difference be determined by arbiters mutually chosen or their oversman, but nothing herein contained shall be construed as permitting the erection on said roads or lands of any railways or tramway or other erections or using the same for any purpose inconsistent with the prohibition of surface operations herein before written; And the tenants hereby bind and oblige themselves to conduct and carry on all operations hereby authorised so as to do as little injury and damage as possible to the lands of Houstoun wood and Houstoun morr and to the ponds, fences, hedges, woods and crops theron: . . .
. . . And declaring that the tenants shall not be entitled and are hereby prohibited from carrying on any underground working or mining operations of any kind within ten yards of conterminous mineral properties (excepting in the case of adjoining mineral fields of Houstoun and any others of which the tenants may be owners or mineral lessees): . . .
. . . And the tenants shall have power and liberty to carr minerals from adjoining lands through the workings of the shale hereby let upon payment to the proprietrix of a wayleave of one halfpenny per ton of twenty hundred weights for all such minerals which may be so carried (other that those from the mineral field of Houstoun leased or about to be leased by the second party from John Campbell Shairp, esquire of Houstoun): And in the cases where a higher wayleave that one half penny per said tone is payable upon seams of shale hereby let when raised on or conveyed over or through other properties (excluding said mineral fields of Houstoun) or reciprocal higher wayleave of the same amount shall be payable to the proprietrix of the seams of shale hereby let upon all minerals from said other properties taken through her lands: And of all which wayleaves accurate and correct accounts shall be kept and rendered quarterly by the tenants to the proprietrix or her factor or agents for the time being distinguishing those from the various fields and the amount due paid half yearly at Whitsunday and Martinmas along with the fixed rent or lordships then payable, but it is hereby expressly declared that the foresaid power to work the seams of shale hereby let from pits in other lands and to carry minerals from other lands through the minerals hereby let is restricted to other lands and minerals belonging to or held on lease or otherwise by the tenants at the time of use; and save as before agreed on the tenants shall have no power or liberty to communicate any right of wayleave through the seams of shale hereby let or any workings under the same to any neighbouring proprietor or tenants or any other person without the previous written consent of the proprietrix: Which tack, with and under the reservations, conditions, provisions, stipulations, restrictions and declarations before and after written the proprietrix binds and oblige herself, her heirs and successors to warrant to the tenants at all hands and against all mortals as law will: Declaring always that the proprietrix does not warrant the existence, quantity or quality of the said seams of shale in the foresaid lands over the correctness of any information which may have been communicated to the tenants in regard thereto, her obligations and engagement being only that such seams of shale of the nature and description hereby leased as may be found within the lands before specified shall be and the same are hereby let to the tenants for the space on the terms and under the conditions before and afterwritten and no further; . . .
. . . for which causes and on the other part the said the Pumpherston oil company limited bind and oblige themselves and the funds,, assets and estates of their said company and their successors to pay to the said Miss Grace Shairp and her heirs and successors or to her or their factor or agent for the time in Edinburgh, the sum of sixty pounds sterling, per annum of fixed rent and which fixed rent shall be payable whether the tenants shall work the said minerals or not, or in the option of the proprietrix and in lieu of the said fixed
fixed rent to pay to her free of all cost, expense and deductions whatever on the shale wrought or put out from the field hereby let and also on all shale wrought out therefrom by the tenants prior to the said term of Whitsunday nineteen hundred and four as aforesaid should they commence operation prior to said term, . . .
. . . a lordship of four pence per ton of twenty hundred weights or in the option of the proprietrix one fortieth of the value as accurately ascertained from the tenants books of their whole products per ton of shale for their previous financial year; subject to a reduction of one penny per ton from year to year on all shale carried to the surface throught or refined inn the lands of Pumpherston belonging to or leased by the tenants; which fixed rents or optional lordships shall be payable to the proprietrix or her foresaids(subject to the declaration aftermentioned) at two terms in the year Whitsunday and Martinmas the fixed rent by equal portions, or , in the proprietor's option the lordships half yearly at said two terms of Whitsunday and Martimnas . . .
. . . beginning the first terms payment of said fixed rent being the sum of thirty pounds sterling for the half year or lordships as the case may be at the terms of Martinmas nineteen hundred and four of the halfyear immediately preceding that term - any lordships exigible? Prior to said term of Whitsunday nineteen hundred and four being also payable at said terms of Martinmas nineteen hundred and four - and the next terms payment of said fixed rent of lordships at Whitsunday nineteen hundred and five, and so forth, halfyearly, termly and proportionally thereafter at said two terms in each year during the currency of this lease with one fifth part more of each terms payment of liquidate penalty in case of failure, in the punctual payment thereof and interest on each terms payment, whether of rent or lordships at the rate of five pounds per centum per annum from the respective terms of payment during the non-payment: And it is hereby provided and declared that the half yearly fixed rent or lordships payable at each term of Martinmas during the currency hereof shall be held as payment . . .
. . . to account of rent or lordships for the year to Whitsunday then current and the acceptance shall not infer that the proprietrix has passed from her right to the optional lordships above provided for and that at or immediately after the term of Whitsunday in each year when it shall have been ascertained whether the optional lordships for the preceding year exceed the fixed rent for that year, it shall be in the power of the proprietrix within one month after such assertainment to declare her option between the fixed rent and lordships, and the balance of the fixed rent or lordships and the case may be due for the said preceding year shall then be paid by the tenants to the proprietrix as at that term with interest from the date of declaring her option and penalty as aforesaid but the second half of the year's fixed rent shall be payable at each term of Whitsunday yearly although the amount of the optional lordships shall not then have been ascertained or shall be of less amount than the years fixed rent: . . .
. . . And it is further specially provided and declared that if in any year the fixed rent is paid when the lordships for the year are less in amount, the difference or shorts may be made up by the tenants retaining the amount of same out of the excess of lordships over and above the fixed rent in subsequent years as follows, videlicet; shorts occurring in any year prior to Whitsunday nineteen hundred and seven may be made up in any subsequent year or years to Whitsunday nineteen hundred and ten, and shorts occurring after Whitsunday nineteen hundred and seven in any one or more of the three immediately succeeding year of the lease to that in which shorts occurred: . . .
. . . And for ascertaining the quantities of the shale wrought out of the said lands and the amount of lordships payable for the same, the tenants hereby bind and oblige themselves to keep or cause to be kept regular and accurate books and to enter or cause to be entered therein daily, distinct and exact accounts of the whole output and disposals of the shale from said lands and others and also similar accounts shall be kept by the tenants of the minerals from all adjoining lands, and the outputs from the respective lands shall be carefully
carefully distinguished and a correct record shall be kept of all said minerals from other lands on which a wayleave is payable: And further the tenants shall keep accurate and distinct accounts of the whole shale put out from all mineral fields in their possession or occupation and of the quantities of finished products in such a way as to show accurately the full price or prices received by the tenants for said products during each year so as to enable the amount of optimal lordships herein before stipulated on the shale hereby let to be ascertained and fixed: and all which accounts shall specify not only the weight or quantities of the minerals raised or put out of each pit or mine with the name of the miners or other workmen daily employed in the working or putting out of the same and the exact quantities wrought and put out by each miner or other workmen but also the different qualities and descriptions of the said minerals and the particular seam or seams from which the same are worked, . . .
. . . the said quantities of minerals being ascertained by a correct steelyard or steelyards which the tenants bind and oblige themselves to erect and keep at suitable places at the works or other places for that purpose but not on the lands the minerals of which are hereby let and which steelyard or steelyards which shall always be kept in a thorough state of repair to the satisfaction of the proprietrix shall from time to time be placed and adjusted by the tenants to the satisfaction of the proprietrix or her mining engineer of the time being, . . .
Inspection of books
. . . and which whole books and accounts shall be required, be open where kept for inspection, examination and checking by the mining engineer of the proprietrix at the yearly settlement of lordships or rent at Whitsunday in each year for the year preceding and at all other times upon reasonable notice being given to the tenants: and the tenants further hereby bind and oblige themselves to furnish and transmit at the end of every period of three months during the currency hereof from the . . .
. . . commencement hereof to the proprietrix or to any person appointed by her an accurate and particular account signed by the tenants manager, accountant or managing director for the time being, of the whole shale wrought and put out of the said lands during the quarter preceding: and an account of the lordships and wayleave due to the proprietrix and accurately made up from the tenants books and accounts or abstracta of accounts and signed by the proprietrix or her factor or agent for the time shall be sufficient to constitute and ascertain the amount of the said lordships which shall at any time be due by the tenants as a charge against them upon which diligence may pass for payment threreof: and it is hereby provided and declared that the proprietrix shall have right at all time to require the solemn declaration (substituted for oaths by act of parliament) of the tenants or of the manager accountant or managing director acting for them or of any other person or persons employed in the output or removing of the said minerals as to the accuracy of said books, statements and accounts, . . .
. . . and the proprietrix shall have power to appoint a checkgrieve or clerk and also to erect any weighing machines at any place or places she may think proper either on the lands the shale in which is hereby let or (provided the tenants shall not be legally prohibited from permitting the same) in the lands on which there are pits or mines by which the tenants may be working or putting out or carrying away the shale hereby let or any of them and that at her own expense for the purpose of keeping an account of and checking the weights, quantities and descriptions of the said minerals put out and carried away as aforesaid the entries of such weights, quantities and descriptions being made by the proprietors checkgrieve or clerk in presence (if required by the tenants) of a representative to be appointed by the tenants for the purpose of checking the accuracy of said entries which accounts may be compared daily, weekly or monthly if required by the proprietrix or her checkgrieve, factor or agent with the tenants books and upon which weighing machines so to be erected by the proprietrix the tenants shall cause the said minerals to be weighed, if required and the lordships payable under this lease shall accordingly
accordingly be charged on the weights to be ascertained in any of the ways before mentioned in the option of the proprietrix and it is hereby further provided and declared that it shall be in the power of the proprietrix at any time to exercise the option hereby given to ascertain the quantities of the said shale upon which the said lordhips are to be paid, either by the books and accounts and quarterly returns, or by the accounts to be kept at the machines put up by the proprietrix and the lordships may thereupon be charged according to the quantities thereof respectively so ascertained: Declaring that should the right as taken and checked daily by the person appointed by the proprietrix differ from the weights as taken by the tenants for a week, then the matter of the wights shall be referred to and determined by the arbiter aftermentioned; and the tenants hereby bind and oblige themselves over and above the foresaid rent, lordships and wayleaves to pay to the proprietrix, and the feuars. Proprietor, tenants and occupiers of the lands under, upon and adjoining which the workings and operations under this tack were to be carried on and of the houses, buildings, walls, fences trees and others thereon, or to other parties having right to claim the same respectively, . . .
. . . all damages of whatever kind which may be done or occasioned by the workings and operations of the tenants to the surface of the said lands and to the crops and pastures therein and thereon and produce thereof and to the wood, plantations, walls, fences, reservoirs, wells and water courses, and to the houses, buildings and erections thereon or otherwise and to free, relieve and indemnify the proprietrix of all claims for damages of whatever kind a the instance of any person or persons whatever and of all loss or expense which may be incurred by the proprietrix on account or by reason of such claims: and also to pay to the proprietrix double agricultural rent per acre per annum beside the value of the crop, if any, on the ground at the time as compensation for all ground in the natural possession of the proprietrix damaged by the tenants for the purpose of
this lease and that half yearly at Whitsunday and Martinmas in each year with interest and penalty as in the case of the fixed rent of the shale hereby let so long as the same shall be damaged by the tenants and shall not have been restored and for all ground let to agricultural tenants at double of the rent payable by them and the value of the crops on the ground at the time and of the unexhausted manure, or, in the option of either of the proprietrix or the tenants under this lease as of the tenants under this lease and agricultural tenants as the case may be as such rate per acre per annum as shall be fixed by arbiters mutually chosen or their oversman: As also to restore in the option of the tenants to pay to the proprietrix in lieu of restoration for all ground damaged by the tenants at the rate of Eighty pounds per imperial acre, the said ground always remaining the property of the proprietrix, and to restore or pay to the proprietrix the sum requisite for restoring all fences, drains, watercourses and others broken up or injured by the tenants to their former state as soon as the same can be done without interfering with the works, and it is hereby provided and declared with regard to all claims on the part of the proprietrix for damages or for rent or compensation for ground damages or for the restoration of ground or fences, drains or watercourses damaged by the tenants operations that the same shall (in the event of the parties failing to adjust the same themselves) . . .
. . . be referred to and fixed by the decision and decree arbitral and arbiters mutually chosed or their oversman, all expenses of such reference and arbitration being to be paid by the party when the arbiters or oversman shall in the circumstances of each case find liable for such expenses in whole in part, power being hereby conferred on said arbiters or oversman to discern there for as they or he may deem right: . . .
. . . And the tenants bind and oblige themselves to do all within their power and to take all necessary measures and to erect and fit up all machinery underground or on lands other than those the shale in which is hereby let necessary to prevent the pollution of all streams and watercourses by their
operations, . . .
. . . and also to do all in thier power to prevent and put a stop to their workmen and others in their employment and dependants tresspassing upon the said lands the shale in which is hereby let or from keeping dogs: And the tenants hereby bind and oblige themselves immediately to proceed with the exploring and working of the shale hereby let and to do everything which they may deem to be necessary for raising and putting out the same from pits in other lands than those the shale in which is hereby let and they shall deliver to the proprietrix within one month of making the same correct copies certified by the tenants manager or managing director, . . .
Boring and Bor Journals
. . . of the journals of all bores which may be put done by them in other lands for proving the shale hereby let as furnished to them by their borers, along with a sheet or sheets of the ordnance survey having accurately marked thereon the site or sites of all such bores and if any analysis which they may cause to be made of the minerals from said bores or explorations: . . .
Method of Working
. . . Further the tenants hereby bind and oblige themselves to carry on the working of the shale hereby let in a regular systematic and skillful manner on the post and stall or longwall method that may be approved of by the proprietrix's mining engineer for the time being, and further they shall keep the roads, aircourses, watercourses and other workings free, clear, open and passable for proper access to all the working faces in each seam and form proper waterlevels so that water in the workings may freely pass off to the bottom of the pit used for draining the field at the dip of the metals and to carry on the said workings in such a manner that the working of any one or more seams shall not prevent, injure or impede the working of any other seam or seams at the termination of this lease by the proprietrix or any other person deriving right from her: And further tenants bind and oblige themselves not to work out any of the shale beyond the actual boundaries of the field hereby let
and it is hereby provided and declared that the proprietrix shall at all time have full power by such person or persons as she shall think fit to enter into examine, inspect and report on the whole workings and operations of the tenants under this tack: . . .
Plans and Survey
. . . And further the tenants shall cause their workings and operations at their expense to be surveyed and laid down upon a plan by a competent mining engineer at lease once in every six months as the workings advance during the currency hereof and which plans or certified copies thereof shall on the expiry or earlier termination hereof, become the property of the proprietrix and certified copies thereof shall be delivered to her from time to time as they are made: And further the proprietrix shall have power to inspect at the works and check all such plans and surveys as well those of the workings of the shale hereby let as those of minerals in other lands worked in conjunction with the shale hereby let and which plans and surveys of minerals in such other lands the tenants may not be legally prohibited from exhibiting to the proprietrix and all such plans as the tenants shall be bound to make of their underground workings under any general statute passed or to be passed for the regulation of mines or mining operations and to take copies thereof if she shall think proper: and in the event of any dispute arising between the parties with reference to the tenants mining operations or the method of conducting the same or the plans and surveys the same shall be referred to the propretrix's mining engineer for the time and the said mining operations shall thereafter be carried on in accordance with any deliverance or funding pronounced by him: . . .
. . . And it is hereby provided and declared that in case the tenants shall become insolvent, bankrupt or sequestrated or their affairs be placed in liquidation, voluntary or otherwise, (but excepting always liquidation for reconstruction or amalgamation with another company or companies) or if at any time during the currency of this tack there shall be two consecutive half yearly payments of the said rent or lordships due and
unpaid, and if the same shall not be paid within fourteen days after being demanded or if any providing for a debt exceeding fifty pounds sequestion of the shale produced from the said lands under this lease or of the machinery or the utensils at the tenants works or any part thereof shall be executed or in the event of the tenants removing their underground machinery or plant, then and in any of these events, it shall be in the power of the proprietrix if she shall think proper to declare this lease at an end and null and void without any declarator or process of law for that effect in like manner as if the same had never been entered into: Reserving to the proprietrix notwithstanding full power and right to recover all arrears of rent, lordships and others then due and to become due as law will and to insist on the immediate fulfilment of all the obligations undertaken by and incumbent on the tenants as at the expiration hereof and the proprietrix shall after the declaration of nullity as aforesaid, be entitled to enter upon and take possession of the subjects hereby let and to act in regard there in the same way and manner as if their lease had never been granted, and she shall have the like optional right to take the machinery and others as is after provided for on the expiration or earlier termination hereof: and further the proprietrix shall have right to enter into possession of and retain the same or to dispose of the same and retain the price or prices thereof in security of the payment of the rents, lordships and wayleaves which may be due to her or of fulfilment of the obligations incumbent on the tenants at the expiration or earlier termination hereof as aforesaid but the rights hereby conferred on the proprietrix shall in no wise affect, limit or prejudice her legal rights in the premises: And it is also hereby provided and declared that the tenants shall be bound as they hereby bind themselves at the expiry or earlier termination of this lease to leave the wholemines, accesses, conduits, roads, railways, waterlevels, aircourses
wallfaces and all other workings below ground (except in such mines as may have been wrought out or abandoned) in good order and repair and open, well ventilated and ready accessible as also (in so far as not previously done) to restore to their former state or pay for as herein before provided all ground damaged by them, and all fences broken or injured by them: . . .
. . . And further at the expiry or earlier termination of this lease the proprietrix shall have the right if she thinks proper on giving four months notice of her intention to do so to have the whole buildings, erections, engines, machinery apparatus and utensils belonging to the tenants and connected with the said works below ground so far as the same belong to them and are in use at the time valued at the joint expense of the proprietrix and tenants . . .
. . . by two arbiters to be mutually chosen by the parties or by an oversman to be named by the arbiters before commencing the valuation, in case they may differ in opinion or by arbiters or an oversman to be named by the sheriff of the Lothians and Peebles for the time on the application of either party in case the parties themselves shall fail to appoint such arbiters or oversman said valuation to be completed and delivered to the parties not later than two months before the said termination of this lease . . .
Purchase of Machinery etc.
. . . and on the amount of said valuation being ascertained the proprietrix shall have right to take over the said buildings, erections, machinery and others at the amount of said valuation on giving notice to the tenants within one month of the receipt of said valuation by her of her intention so to do and in the event the proprietrix taking over said buildings, erections machinery and others as aforesdaid within one month after the termination of the lease and failing the propriertrix taking over the said buildings, erections, machinery and others as aforesaid the tenants shall not be bound to leave or deliver to her ant part of the said buildings, erections, engines, machinery apparatus and utensils, but the same shall be
held to belong to them and they shall be allowed six months at the before specified rate of fixed rent, for removing, dismantling and carrying away the same: . . .
. . . And the tenants shall be entitled to remove all such machinery and others below ground as may not be taken over by the proprietrix as aforesaid but in the event of their not removing any such within the time stipulated the same shall revert to and become the property of the proprietrix without any payment by her: And the tenants bind and oblige themselves to flit and remove themselves, their servants, workmen goods and effects forth and from the subjects hereby let at the expiry or earlier termination of this lease: but the tenants shall be allowed three months after the termination of this lease in which to remove or dispose of any stock of shale already worked out by them that may then not have been removed from the workings in the said lands of Houstoun wood and Houstoun moor: But providing always that said period of three months shall only be allowed the tenants for the purposes forsaid on condition that they pay rents, damages and compensation at a rate to be fixe by the arbiter to be named as hereinafter mentioned during the whole or any part of said period and that such use of the underground workings shall not unreasonably or unnecessarily interfere with the storing of future working of the remaining minerals in the said lands of Houstoun wood and Houstoun moor: And in case the tenants shall not remove as above provided but continue to possess (after the expiry or earlier termination)(crossed out) without a written bargain then they shall be bound and obliged as they hereby bind and oblige themselves so long as they shall continue to possess after the expiry or earlier termination of this lease to pay treble the fixed rent of sixty pounds sterling per annum or treble of the lordships herein before stipulated as the agreed rent of the subjects herby let payable at the terms and with interest and penalty as stipulated for the said original
lordships and rent and that over and above fulfilling the whole other obligations hereby incumbent on them: . . .
. . . And for the various purposes before mentioned in regard to which the appointment of a single arbiters is contemplated as in regard generally to any questions which may arise as to the workings of the minerals and others hereby let or as to the interpretation, import or fulfilment of any condition or obligation in this lease or any other matters requiring adjustment arising out of this lease in so far as the same are not herein before specifically referred to two arbiters mutually chosed or their oversman, the parties hereto hereby mutually agree that all such questions or differences or matter requiring adjustment shall be determined by William Mitchell Millar mining engineer, Edinburgh or by any other mining engineer to be appointed by the propretrix as her mining engineer in succession to the said William Mitchell Millar and that as sole arbiter; and whatever the said arbiter shall from time to time appoint and decide both parties shall be bound to implement and fulfil and the fee to the arbiter and the expenses of the necessary proceedings connected with the reference and whether incurred before or after the same may be gone into shall be paid by the party found by the arbiter to have been or to be in the wrong and it shall be in the power of the arbiter to discern thereof: . . .
. . . And lastly the parties bind and oblige themselves to implement and fulfil to each other their respective parts of the premises and the penalty of three hundred pounds sterling 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 the registration hereof and of the said quarterly accounts and statements and if any awards or decrees arbitral interim or final to be pronounce as aforesaid for preservation and execution: In witness whereof:-