Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 33

code: 183537-33

Collection code:
183537
File type:
BP - Lease books
Collection:

Description

Part 33 of 59, (pages 264-283), mineral lease, Viewfield coal, 1909

See index of all sixty leases and agreements contained in this volume.


In works book. Compared.

Viewfield Coal

Dated 18/5/09 : 29/5/09 21/6/09 : 24/6/09 5/10/09

Reg'd 21/10/09.

Minute of lease entered into between Mrs Isabella Young Davidson or Somerville, residing at Greenfield house, Cobbinshaw, Lanarkshire, widow of the late Walter Somerville, Doctor of Medicine, who resided at North view, Victoria avenue, Harrogate, in the County of York, Miss Francis Christian Somerville, also residing at Greenfield house, Cobbinshaw, aforesaid eldest surviving daughter of the said Walter Somerville, and George Dalziel, writer to the signet, Edinburgh the accepting trustees of the said deceased Walter Somerville, acting under the trust disposition and settlement executed by him, on the tenth day of November eighteen hundred and sixty nine, and two relative codicils thereto, dated respectively the thirtieth day of April 1870 and the fifteenth day of December 1885, and all proved and registered in the principal registry of the probate division of her late majesty's high court of justice in England on the twenty sixth day of October 1886, and as such trustees heritable proprietors of the lands and minerals after mentioned (hereinafter called "the proprietors") of the first part and the Pumpherston oil company limited, incorporated under the companies acts 1862 to 1880 and 1883, and having their registered office at No 135 Buchanan Street Glasgow, (hereinafter called "the tenants") of the second part, with consent of William Fraser managing director of the said The Pumpherston oil company limited and the Tarbrax oil company limited for all right, title or interest he has in the premises: . . .

First

. . . It is contracted and agreed between the proprietors and the tenants as follows videlicet:-

The proprietors in consideration of the rents. Lordships and other stipulations, and with and under the conditions, restrictions, provisions and declarations aftermentioned, let for the period specified in the immediate 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 afterwritten, also excluding assignees legal and voluntary . . .

Coal, Limestone & Ironstone.

. . . All and whole the whole coal, limestone and ironstone, so far as respectively unwrought in the area delineated and coloured red on the plan or map annexed and subscribed as relative hereto: which coal, limestone and ironstone are hereinafter referred to as the minerals let, . . .

Area

. . . and which area extending to about three hundred and fifty acres is hereinafter sometimes referred to as Greenfield and comprehends the lands of Viewfield, Loanhead and Woolford dyke in the parish of Carnwath and County of Lanark, vested in the proprietors: Reserving to the proprietors all other minerals of every description, with power to let or 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 proprietor and the Tarbrax oil company limited, and the minerals hereby let shall be worked always do as not to interfere injuriously with the working, by the said Tarbrax oil company limited, and their successors, of the minerals let to them and any other minerals which the proprietors may let shall be so worked as not to interfere with the working by the said Tarbrax Oil Company limited and their tenants under the lease and their respective successors of the minerals let to them respectively: Declaring that notwithstanding the exclusion of assignees herein before expressed, it shall be in the power of the tenants to assign this lease to such responsible person or persons or company or the tenants may desire, and of whose responsibility as assignee and tenant, at assignees and tenants, the tenants under these presents shall satisfy the arbiter under article twentieth hereof: . . .

Second.

Entry

. . . The lease entered into subject to the tenants right to terminate the same as aftermentioned, commenced as at the term of Whitsunday nineteen hundred and seven, notwithstanding the date or dates hereof, . . .

Duration

. . . and subject as aforesaid, shall endure for the period of thirty one years there from, . . .

Breaks

. . . but the tenants shall have right to terminate this lease at the term of Whitsunday at the end of each successive period of three years thereafter by . . .

Notice

. . . notice in writing terminating the same to be given to the proprietors six calendar months before the Whitsunday at which the lease is to terminate, and although the minerals let may have become exhausted or unworkable to profit, the tenants 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. . . .

Third.

Boring etc.

. . . 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 railways and erect works and machinery and generally to do everything requisite for fairly and properly working the minerals let: . . .

Restricted 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 routes to be followed in the construction of roads and railways shall be approved of by the proprietors or their factors or mineral engineer before being taken and used for any of these purposes: and the said pits and shafts on the said estate of Greenfield shall not be sunk in any plantation or garden ground on the said estate: . . .

Greenfield house

. . . 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 yards of Greenfield mansion house or any farm steading, or other house or covered building 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 interests of the tenants be kept art a greater distance than two hundred yards from said mansion house they shall be kept so far from it as is possible up to four hundred yards: . . .

March

. . . And the 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 case where the minerals in the barrier have not been already entirely removed mines of communication may be put through but only at such places and under such conditions as shall be laid down by an engineer to be named by the proprietors. 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 said mansion house unworked in order to protect said house 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 house and offices, and further it is agreed that the engineer of the proprietors shall have power to restrict the workings near any farm steading or house or covered building other than said mansion house above mentioned within the limits thought advisable by him, but notwithstanding the fixing of the area required for the protection of said mansion house or any restriction of working as aforesaid, the tenants shall nevertheless 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: . . .

Fourth

. . . Nothing herein contained shall be deemed or construed as authorising the tenants to do any act affecting the minerals of adjoining the tenants to do any act affecting the minerals of adjoining proprietors which the proprietors are not themselves entitled to do free of all claims by such adjoining proprietors: And all acts done by the tenants affecting adjoining lands, or the minerals therein shall be at the sole risk of the tenants, and the tenants shall be bound the relieve the proprietor 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: . . .

Fifth

No wayleave payable

. . . 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 may without payment of a wayleave, use for the conveyance of materials and minerals to and from lands not belonging to the proprietors, any pits, shafts mines, ways roads, tramways or railways which they are entitled to use for purposes connected with, the minerals let, and said compensation shall be payable half yearly at Whitsunday and Martinmas with interest and liquidate penalty in case of non 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, agricultural or otherwise, any roads or railways made by the tenants the proprietors or their other tenants shall pay a tonnage rate - to be agreed upon, or failing agreement to be determined by arbitration as 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. . . .

Sixth.

. . . The proprietors reserve full power to erect buildings on the lands delineated on the plan or map annexed and subscribed as relative hereto, and to grant building or other leases and few 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 hindrance from the tenants: But declaring that the tenants shall not be liable for any damage which may be caused by the tenants operation under this lease to any buildings or erections not at present on said lands not substituted for buildings now existing thereon: The Proprietors agree that they will not during the currency of this lease, let any part or parts of the said lands of Greenfield for the purpose of being used to provide work for 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 said lands, use or permit to be used, the said lands or any part thereof for such purpose: . . .

Seventh

Yearly settlement for Lordships

. . . The tenants bind themselves and their successors and their capital stock and assets and in the case of an individual or individuals being tenants his or their heirs, executors and representatives whomsoever all jointly and severally, without the necessity of discussing them in their order to make payment to the proprietors and their successors or assignees or to their factor or others legally authorised to receive the same at any place in Edinburgh or Lanarkshire the proprietors may appoint in respect of the period up to the term of Whitsunday nineteen hundred and eight the lordships after specified and in respect of the whole period of endurance after the term of Whitsunday nineteen hundred and eight of the lease hereby entered into and in so far as not actually paid before the last date hereof of 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: . . .

Fixed rents payable half yearly

. . . The fixed rents shall be paid half yearly in equal portions at Whitsunday and Martinmas for the six months preceding these terms respectively and if the lordships exceed the fixed rent the payment in respect of the fixed rent shall be imputed as payments at account of the lordships payable in respect of the several years ending at Whitsunday for which such fixed rents are paid, and the excess if any of the lordships for the twelve months preceding each term of Whitsunday 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:- . . .

Fixed rents

See page 283

. . . Firstly: The fixed rent of fifty pounds yearly in respect of the seven years from Whitsunday nineteen hundred and eight to Whitsunday nineteen hundred and fifteen and Secondly:- The fixed rent of seventy five pounds yearly in respect of the twelve years from Whitsunday nineteen hundred and fifteen to Whitsunday nineteen hundred and twenty seven and Thirdly:- The fixed rent of one hundred pounds yearly in respect of the entire period after Whitsunday nineteen hundred and twenty seven. . . .

Lordships.

The lordships above mentioned are as follows viz.

. . . Primo: (First) For every ton of twenty two and a half hundred weights of gas coal taken from the feu let seam four pence half penny. (second) For other gas coal one shilling for every ton of twenty two and a half hundred weights taken from the said lands (third) For every tripping ton of twenty two and a half hundred weights of common coal taken from the said lands if sold for household purposes four pence half penny, and if sold or used for other purposes, three pence halfpenny: Secondo. (first) for every ton of twenty hundred weights of raw limestone taken from the said lands, three pence: (second) for every ton of twenty hundred weights of calcined ironstone taken from the said lands one shilling: . . .

Coal used at pits & mines.

. . . Declaring that coal used at pits and mines for the purpose of raising coal or a proportion (to be fixed rateably according to the outputs from the properties), when the coal in several properties is worked through one pit and coal for domestic purposes by the workers engaged in working the minerals hereby let at the pits and mines shall be free from lordships, but the allowance to each worker, whether above or below ground, shall not on an average exceed sixteen hundred weights per calendar month. . . .

Eighth.

Shorts

See Page 283

. . . The tenants shall be entitled to deduct the sum by which the lordships in respect of any year ending at Whitsunday 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 years. . . .

Ninth.

Output books

. . . For the purpose of ascertaining the quantities and description of the minerals wrought out from Greenfield and the amount of the lordships payable for the same as hereinafter stipulated the tenants 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 Greenfield 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 others employed in working or putting out the same, and the exact quantities wrought and put out by each collier and 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 proprietors or in the event of minerals in land not belonging to the proprietors being wrought from pits in Greenfield 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 Greenfield 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 distinguish 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 the accompanied by a tally indicating the name of each miner, and each hutch of minerals shall be carefully weighed at the pit or 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, . . .

Inspection of books

. . . 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 whenever a community of workings exist 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, and the said books shall be exhibited and produced to the proprietors 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 where the same shall be regularly kept all for inspection and examination by or on behalf of the proprietors who shall be entitled to take copies or excerpts therefrom, but omitting always the customers or purchaser's names, and the tenants shall furnish and transit to the proprietors within fourteen days after each Whitsunday and Martinmas term during the currency of this lease, . . .

Statement of outputs

. . . a statement of the whole wrought out removed or disposed of from Greenfield containing all particulars and information necessary to enable the proprietors 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 their managers secretary or clerk (if authorised to do so) and shall if required by the proprietors be verified by a statutory declaration 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 proprietors 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. . . .

Tenth

Check grieve

. . . The proprietors shall be entitled at any time they shall think proper to appoint a check grieve 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: . . .

Weighing machines

. . . and the proprietors shall also be entitled to erect at their own expense any weighing machines they may think fit, at convention places, at any pit or mine mouth, or upon any road, railway or tramway through the foresaid estate whether above or below ground for checking the quantities of the minerals and other materials removed from Greenfield upon which weighing machines the tenants shall allow the said minerals and other materials to be weighed if required: . . .

Eleventh

Bore journals

. . . The tenants shall kept regular and accurate journals of all bores or trial pits down in Greenfield 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 proprietors and shall also furnish copies of any analyses which may be made from samples taken out of said bores or trial pits: . . .

Twelfth

Working plans

. . . 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; . . .

Thirteenth

Compensation for ground taken.

. . . The tenants bind and oblige themselves and their foresaids as aforesaids to pay to the proprietors half yearly at Whitsunday and Martinmas and with interest and penalty as herein before provided in reference to the fixed rent-rent or compensation at the rate of two pounds per acre per annum for all ground already taken or occupied, or which may hereafter be taken or occupied by the tenants for the purposes of this lease or rendered unfit for agricultural purposes beginning the first half yearly payment thereof as at the term of Whitsunday nineteen hundred and eight for so much ground as shall then have been so 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 aforesaid that the same shall upon the parties failing to adjust the same themselves, be ascertained by arbitration in the manner hereinafter mentioned: . . .

Fourteenth.

Damages

. . . The tenants bind and oblige themselves and their foresaids as 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 be done or occasioned by the workings and operations hereby authorised to the foresaids lands and to the crops and pasture thereon, and produce thereof, and to any woods, plantations accesses, wells, watering places, walls, fences, drains, water pipes and water supply plant and railway's and to any presently existing 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 proprietors and their foresaids of and against all claims for any such damages or on any account in respect of or in connection with the foresaid operations at the instance of any person or persons whatever and of all loss and expense incurred by them by reason of such claims: 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 skaithless and the tenants may resist any claims by third parties not involving liability on the proprietors. . . .

Fifteenth

Method of working

. . . The tenants bind and oblige themselves and their foresaids asaforesaids 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 the 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 and also to work the minerals let in a regular proper and scientific manner without unnecessary omissions or waste or loss of material and on the long wall room and range or 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 proprietors 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 or with any roads, railways or erections which maybe 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, all open case 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 . . .

Survey of Workings

. . . 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 tenants said plan or plans to become the property of the proprietors at the termination of this lease. . . .

Sixteenth.

Survey by the proprietors

. . . 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 herebylet, such dispute shall be settled by arbitrations in the manner hereinafter mentioned: . . .

Seventeenth

. . . The tenants bind and oblige themselves and their foresaid as aforesaid:- . . .

Fences

. . . First 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 a well as the pit mouths 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.

. . . Second 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 purpose 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: . . .

Compensation for ground not restored

. . . 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 the rate of twenty seven pounds ten shillings sterling per imperial acre: . . .

Trespass

. . . Third 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 so far as it shall be practicable for the tenants to do so it 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 of all 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 may 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 fill up in a proper manner all pits, and to close all mines and ingoing eyes made and formed or 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 moveable materials of railways or entire parts thereof at any pit or pits which the proprietors shall choose at a valuation to be made by arbiters appointed as hereinafter mentioned: . . .

Purchase of plant.

. . . Declaring that if the whole of such machinery and others at any pit is not taken the 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: . . .

Removal

. . . which option shall be exercised 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 refuse to take the machinery and other foresaid or any part thereof as aforesaid then the tenants shall be bound within six month 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 stock of minerals and all rail plates, sleepers, and utensils 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 proprietors 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 eligible 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 (not dwelling houses) machinery, articles or substances as aforesaid then the same shall ipso facto belong to the proprietors without any claim for compensation or otherwise at the instance of the tenants or their foresaids. If at the termination of this lease there shall be on the lands in which the minerals hereby let are situated any dwelling houses 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 said dwelling houses 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 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. . . .

Eighteenth.

Bankruptcy.

. . . In the event of the bankruptcy or insolvency of the tenants or in the event of an order being made or an effective resolution being passed, for winding up any company which may be tenants under this lease in respect of their inability to meet their liabilities or otherwise than for reconstruction amalgamation or the like or in the event of the failure of the tenants to report to the proprietors within fourteen days after any term of Whitsunday or Martinmas the output of minerals for the half year proceeding 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 declaration removing or other process at law. Reserving 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 of the tenants under this lease . . .

Nineteenth.

Removal.

. . . The tenants bind and oblige themselves to flit and remove on the natural expiry or sooner termination of the 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 aforesaid further and from the premises hereby let and that without any previous warning or process of removing to be used for that effect. . . .

Twentieth.

Arbiters

. . . For the various purpose before mentioned in regard to which the appointment of a practical arbiter is contemplated and with regard generally to any disputes 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 matters requiring to be adjusted between the parties hereto or hereinbefore 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 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 arbiters or oversman to be agreed upon or nominated as aforesaid shall be final and binding on all concerned. . . .

Twentyfirst

. . . The proprietors oblige themselves and their successors in office as trustees foresaid to warrant this lease under the reservations, conditions, provisions and declarations before mentioned from their own facts and deeds only, and bind the trust estate under their charge, and the parties beneficially interested therein in absolute warrandice: Declaring further that the proprietors do not warrant the existence of the minerals let, or of 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 undertake by the proprietors being only that in case the minerals let are found within the area on the said lands before specified, the same are hereby let to the tenants in terms of these presents. . . .

Twenty second

. . . 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 consent to the registration hereof for preservation and execution. In Witness Whereof.

Exempt from letter received from Tods? Murray and Jamieson, Edinburgh, dated 25th October 1910.

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Fixed Rent

see page 271

"Shorts"

See page 272.

...... We have now been authorised by our clients to accept the terms contained in your letter of 21st inst, i.e that the fixed rent should be at the rate of Twenty pounds per annum for the four years from Whitsunday nineteen hundred & ten to Whitsunday nineteen hundred and fourteen, and that all "shorts" may be made up during the currency of the lease, subject to the qualification that the £100 already paid for fixed rent is to be deducted from the sums to be taken into account in making up the "shorts"......

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Fixed rent

Excerpt from letter from Tods Murray and Jamieson 13th Oct. 1913.

We have now consulted our clients in regard to your letter of the 7th inst and they suggest that the lease might be continued at a fixed yearly rent of £10 with the existing lordships upon ant coal that may be worked to an amount producing lordships in excess of the fixed rent.............

Related records

Title Collection Code Collection Code Part
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd. - index 183537 index
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 01 183537 01
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 02 183537 02
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 03 183537 03
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 04 183537 04
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 05 183537 05
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 06 183537 06
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 07 183537 07
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 08 183537 08
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 09 183537 09
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 10 183537 10
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 11 183537 11
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 12 183537 12
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 13 183537 13
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 14 183537 14
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 15 183537 15
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 16 183537 16
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 17 183537 17
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 18 183537 18
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 19 183537 19
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 20 183537 20
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 21 183537 21
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 22 183537 22
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 23 183537 23
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 24 183537 24
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 25 183537 25
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 26 183537 26
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 27 183537 27
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 28 183537 28
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 29 183537 29
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 30 183537 30
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 31 183537 31
Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 32 183537 32