Description

Lease between James Hope as Commissioner for the Right Honorable John Adrian Louis Earl of Hopetoun and Robert Orr, Robert Mackay Sutherland and Archibald Henderson Chrichton Trustees for the James Ross and Company

Dated 16th, 17th and 19th April, 1900 for 22.5 years from Candlemas 1900 of Coal, Shale, Ironstone, Limestone and Fire clay in a portion of the Hopetoun Estate between Philpstoun House and the shore of the Firth of Forth with 2 further agreements annexed.

Includes a map of the area agreed in the lease with the proposed extension highlighted in red, between Abercorn and Midhope. Scale is 1.2inches to 1000feet.

Tenants’ Duplicate 5714 Midhope Lease

Lease

__Between__

James Hope as Commissioner for The Right Honorable John Adrian Louis Earl of Hopetoun

_______and_______

Robert Orr, Robert Mackay Sutherland and Archibald Henderson Crichton Trustees for the Firm of James Ross

and Company_________________

Dated 16th 17th & 19th April 1900

For 22 ½ years from Candlemas 1900

Of coal, shale, Ironstone, Limestone and

Fireclay in a portion of the Hopetoun

Estate between Philpstoun House and the Sho[re]

the Firth of Forth._________________

With

Agreement annexed

Dated 16th & 19th October 1902[?]

— And —

Another Agreement annexed

Dated 14th 15th & 18th Decr 1900

_____________________

It is Contracted and agreed between James Hope Writer to the Signet Edinburgh Commissioner nominated and appointed by the Right Honourable John Adrian Louis Earl of Hopetoun Knight of the Thistle heritable proprietor of the subjects after mentioned conform to Commission granted by him dated twenty seventh September and registered in the Books of Council and Session fifth October Nineteen hundred On the one part and Robert Orr Robert MacKay Sutherland, Chemical Manufacturers, Lime Wharf Chemical Works, Falkirk, and Archibald Henderson Crichton, Oil Manufacturer Philpstoun Linlithgow, the sole partners carrying on business under the form or designation of James Ross and Company Oil Manufacturers Philpstoun aforesaid declaring that said firm is separate and distinct from the firm of James Ross and Company Chemical Manufacturers, Lime Wharf Chemical Works Falkirk and that the latter firm is not a party to or liable in the prestations imposed by these presents. On the other part: That is to say the Parties hereto Considering that by Lease dated Eighteenth and twentieth December Eighteen hundred and Eighty four the said Earl let to the said Robert Orr and Robert Mackay Sutherland as Trustees for behoof of their then Firm of James Ross and Company the Minerals underlying three portions of land belonging to the said Earl in the Parishes of Aberdeen Ecclesmachan and Linlithgow and County of Linlithgow for thirty Eight years from and after Lammas Eighteen hundred and eighty four and by relative Minute of Agreement dated first and sixth December Eighteen hundred and ninety the said Earl allowed the said parties to work the Minerals underlying another portion of land in the said Parish of Abercorn, adjoining the portion second described in said Lease – And Further Considering that the Tenants hereunder believing that Minerals lie within the area after described extending between the land already let to them and the Shore of the Firth of Forth they have applied to the said Earl for a Lease of the same for a period to run concurrently with the foresaid Lease which the said Earl has agreed to grant on condition that the Tenants should not on any account or pretext whatever (Except to the Extent and for the purposes hereinafter allowed) break, interfere with or occupy in any way for any purpose whatever the surface of any part of said ground or in anyway with Midhope Glen except during the first four years of this Lease for the purpose of boring and testing the Minerals which are thereafter to be worked and Extracted only by the workings from the pits Mines or levels in three parts of the areas let by the said Lease and Minute of Agreement in which the tenants have right to make pits mines or levels. Therefore the said James Hope as Commissioner foresaid has Set and in consideration of the tack duty and other prestations and conditions aftermentioned hereby in Tack and assedation Lets to the said Robert Orr, Robert MacKay Sutherland and Archibald Henderson Crichton, the sole partners of the said form, and the survivors and survivor of them and the heirs of such survivor as Trustees and Trustee for behoof of the said firm of James Ross and Company and the parties thereof present and future but Expressly Excluding all assignees legal or conventional direct or indirect and all subtenants whatsoever save with the consent and approbation of the said proprietor or his heirs and successors – but with power nevertheless to assign to new parties assumed into the said Firm, the Tenants herein and their heirs Executors and successors being always bound for the rent and for performance of all the obligations incumbent on them under the Lease; and also with power to assign to a Limited Company incorporated or to be incorporated under the Companies

Acts/

[signed]

• James Hope
• R. M. Sutherland
• Robert Orr
• A. H. Crichton
• James Ross & Co.

— Page Second. —

Acts provided such Limited Company shall have a subscribed Capital of not less than Fifty thousand pounds or such additional sum as the said Proprietor shall approve it. And Also with and under this Express condition that in case the said tenants or their foresaids shall grant any Assignation of the whole or any part of the subjects hereby let other than as above provided or allow the same to be adjudged from them or if they become bankrupt by virtue of the bankrupt laws or Execute a Trust Conveyance of their property for behoof of their Creditors or allow more than one terms rent or Lordship to be due at one time. Then and in any of these cases this Lease shall in the option of the proprietor become ipso facto void and null so far as regards the Tenants rights under the same and the said proprietor shall be at liberty to resume possession of the subjects hereby let and shall have the whole right to the same, in the state and condition they may then be in, and shall be entitled to work, dispose of, or let the whole or any part or parts thereof as they shall think fit without any claim or demand being competent to the said tenants or their Creditors or others, in the same way and manner as if this Lease had come to a national termination. And the said Tenants oblige themselves and their foresaids to renounce possession and consent that summary diligence pass for removing them therefrom, and that without prejudice to all other legal remedies competent to the proprietor. Declaring that in the event of an irritancy as aforesaid taking place the said proprietor or his foresaids shall have it in their power to purchase the buildings machinery and others belonging to the said tenants which may be used underground in manner aftermentioned. And that the termination of this Lease under any of the foregoing conditions shall not import an acquittance or discharge of all or any of the obligations on the said tenants or their foresaids incumbent on or undertaken by them in these presents applicable to the period prior to the date of any rent due by the said Tenants under this Lease import a discharge or abandonment of any right to terminate this Lease under any of the foregoing or aftermentioned conditions unless Expressly discharged it being hereby declared that it shall be in the power of the said proprietor to Enforce any of the conditions herein written at any period unless they shall have Expressly discharged them. All and Sundry The whole coal (including the coal or Mineral commonly known as Torbanehill Coal or Mineral) Oil Shale, Ironstone Limestone and Fireclay belonging to the said Proprietor so far as the same underlie. All and Whole that portion of his Lands and Estate of Hopetoun and others in the Parish of Abercorn and County of Linlithgow Extending from the area near Philpstoun House the minerals in which are already let by the foresaid Existing Lease and Minute of Agreement in a northerly direction to the shore of the Firth of Forth and bounded on the East partly by the Banks of the Midhope Glen and partly by other portions of the Hopetoun Estate stretching Eastwards to a point within two hundred yards or thereby from the Hopetoun Wood. On the South by other portions of said Estate, the Minerals of which are already let to the Tenants herein, And on the west partly by the Binns Estate following the boundary between the Hopetoun and Binns Estates to a point One hundred and thirty yards or thereby south of the said Shore of the Firth of Forth, and partly by land and plantations belonging to the said Earl as the said portion is delineated and colored red on a Plan thereof signed by the parties as relative hereto, but always with and under the conditions reservations and restrictions before and after-mentioned. With power to the said tenants at their own proper charges and Expenses to search for dig, work, win, raise, sell dispose of and carry away the said Coal, Shale, Ironstone, Limestone and Fireclay hereby let and to manufacture

the/

[signed]

• James Hope
• R. M. Sutherland
• Robert Orr
• A. H. Crichton
• James Ross & Co.

— Page Third —

the said Coal (including as aforesaid) and the shale into Oil and other products obtained in such manufacture. And for these purposes (but for no other use or purpose whatever) to drive mines and levels, cut drains water courses make roads and railways and generally to so everything which is usual and necessary for the working running draining manufacturing as aforesaid carrying away selling or disposing of the whole substances hereby let. Declaring however that the said Tenants shall not have power to sink pits, or in anyway work the minerals from the surface of the lands hereby let nor interfere in any way with Midhope Glen nor erect any Railway Works, Machinery or buildings or deposit any minerals or refuse of any description thereon (Except in connection with their operations in sinking the shafts or bored hereinafter allowed) the Minerals hereby let being to be worked and Extracted from pits mines or levels situated on and to be charred calcined and manufactured on those three parts of the areas let by the said Existing Lease and Minute of Agreement on which the tenants have right to make pits mines or levels and to char calcine and manufacture but it is hereby declared that the Tenants shall be allowed to sink shafts or bores on the lands hereby let for the purpose of proving the Minerals at places to be sanctioned by the proprietor or his Factor and to use the said shafts only for that purpose the Tenants being bound to fence the ground occupied by them with a substantial fence to the satisfaction of the Factor of the said proprietor. And that during the remaining period of the lease such shafts shall be used for ventilation purposes only and they shall not be used on any account whatever by Miners and others going to and from their work and shall be surrounded at the surface by a wall not less than six feet in height. Declaring that the Tenants shall not on any Account or pretence whatever have liberty to carry on their operations under the Lease in such a manner as that the result Whereof shall be a nuisance or annoyance to the said proprietor or to his or their Tenants or others in the neighbourhood. And that they shall not have power to allow any water or fluid or substance or product of any kind from their workings or manufactories which may be of a deleterious or offensive or otherwise objectionable nature to be led or thrown into any burn or stream or other water on or adjoining the said lands and Estate of Hopetoun and others belonging to the said proprietor, the effect of which might be to pollute or anyways affect the purity of such burns stream or other water. And without prejudice to this generality the said Tenants are hereby absolutely prohibited by themselves or through the intervention of any other party or parties to allow any water fluid or substance or product of any kind to flow or be thrown into the Burn or stream called Hawthornden which flows past Midhope, It being nevertheless always understood and agreed that pitwater from the Tenants pits or mines in the subjects hereby let shall be allowed a free course down said burn or stream or other streams so far as the proprietor has right to allow the same, declaring that notwithstanding the foresaid provision against working from the surface of the lands hereby let the Tenants shall have power to discharge the said pitwater from said shafts or bores or by a day level and to convey the same by surface pipes and the nearest stream or direct to the Firth of Forth, but that only so far as the proprietor has power to allow the same; And further declaring that in the Exercise of the power of allowing a free course for Pit Water down said burns or stream or otherwise it is specially provided and declared that the Tenants are hereby absolutely prohibited from erecting on the Surface of the land hereby let machinery or apparatus of any description whatever for pumping said Water and that nothing shall be on the surface other than pipes for leading said water, But it is hereby further specially declared that this privilege shall only be used so long as the pitwater is in the judgement of the proprietor or his factor perfectly pure

pit/

[signed]

• James Hope
• R. M. Sutherland
• Robert Orr
• A. H. Crichton
• James Ross & Co.

— Page Fourth. —

pit water. And in the event of the same being polluted in any way in the opinion of the said proprietor or his factor the forgoing privilege shall be suspended, And the Tenants shall thereafter be bound to pump said water out of the mine from the pits or shafts on the land already let to them so long as it in the judgement of the said Proprietor or his Factor is polluted. Reserving always to the said proprietor all Minerals and other substances within the foresaid lands other than those hereby let. With full power to let work win and carry away the same as if these presents had never been granted and for that purpose to use any road or railway or others made by the said tenants under ground on making payment for the use of such road or railway or others as the same shall be ascertained by Arbitration as hereinafter mentioned, such working and winning and using being carried on in such a manner as not to injure the works of the Tenants under this present Lease, or to interrupt their operations or prejudicially affect the management of their Works. And reserving also to the proprietor or to his Factors Engineers or Agents or any other party or parties authorised by him full power and liberty to enter into and upon and also free access to and egress from all parts of the foresaid lands whether above or below ground at all times to inspect and survey the same and the works thereof, including the use of the Steelyards hereinafter referred to for checking the weights and ascertain how far the tenants have fulfilled or are fulfilling the obligations undertaken by them under these presents or for any other purpose of inspection or survey. And in connection with such inspections and surveys without making any compensation in respect thereof, to make use of the Engines Machinery Whinnies, ropes, implements and Articles for the time being which the tenants or their Workmen use a means of access to or egress from the said subjects. And right to require the attendance on them and services on the occasion of such inspections and surveys of an Overseer and two Miners in the Employment of the tenants whom the Proprietor may select to accompany them and others foresaid on such visitations or inspections they paying to the tenants for said Overseer and Miners for their ordinary work. And which Coal (including Torbanehill Coal or Mineral as aforesaid) Oil Shale, Ironstone, Limestone and Fireclay the said James Hope as Commissioner foresaid hereby Lets for the space of Twenty two and one half years from and after the term of Candlemas Nineteen hundred which notwithstanding the dates hereof is hereby declared to have been the term of the Tenants entry to the premises by virtue hereof, but declaring that the tenants shall have the privilege of a break, that is to say a right and power to relinquish this Lease at the term of Candlemas Nineteen hundred and one on giving one months previous notice in writing to the Proprietor of their intention to avail themselves of such break, and also at the Expiry of every period of three consecutive years during to currency counting from the term of Candlemas Nineteen hundred and one provided they shall give six months previous notice in writing to the proprietor and provided that before the relinquishment all Royalties rents and Arrears of rent shall be paid to the proprietor and all damages incurred by the said Tenants to any person or persons in relation to the Minerals hereby let adjusted and settled, and all obligations incumbent on them under this Lease duly implemented. And declaring that it shall not be competent to the tenants during any of the Said periods of three years to seek to renounce this Lease on the ground that the substances hereby let or any of them have become unworkable to profit or on any other ground whatever, it being hereby understood and Agreed that the Lease shall continue in full force until the natural ish thereof and that the full fixed Rent hereinafter stipulated shall continue to be paid half yearly during the Lease

or/

[signed]

• James Hope
• R. M. Sutherland
• Robert Orr
• A. H. Crichton
• James Ross & Co.

— Page Fifth —

or in the Proprietors option the Lordships aftermentioned unless the said tenants shall terminate the Lease at any of the said biennial periods or breaks hereinbefore provided for and in the manner hereinbefore stipulated and on no other ground at no other time shall it be in the power of the tenants to terminate this Lease until the natural ish thereof. Which Tack with and under the conditions preservation declarations and stipulations before and after written the said James Hope as Commissioner foresaid binds and obliges the said proprietor his heirs and successors to warrant to the said tenants and their foresaids at all hands and against all deadly. Declaring always that he does not in any case warrant the Existence of or quality of any coal shale or other substances in the lands hereby let or any part thereof the obligation and Engagement hereby undertaken by him being only that in case the substances foresaid all of any of them shall be found within the said lands the same shall be and are hereby let to the said Tenants and their foresaids on the terms and under the conditions before and after-written. For which Causes and on the other part the said Robert Orr, Robert Mackay Sutherland and Archibald Henderson Crichton hereby bind and oblige themselves conjunctly and severally as individuals and their heirs Executors successors and representatives whomsoever as well as the said Copartnership of James Ross and Company Oil Manufacturers Philpstoun and the whole partners present and future herein to Content and pay to the said John Adrian Louis Earl of Hopetoun and his heirs and assignees or to his or their Commissioners, Factors, or Chamberlains in their names at their respective residences within the County of Linlithgow, or at such other place or places within the said County as they or any of them may from time to time appoint as follows videlicet:- For the year from the said term of Candlemas Nineteen hundred to Candlemas Nineteen hundred and one the Lordships at the rates and with the options hereinafter mentioned on all coal (Including Torbanehill Coal as aforesaid) Shale, Ironstone, Limestone and Fireclay that shall be wrought and raised out of the lands during said year, it being the arrangement of the parties that no fixed Rent shall be exigible for said year. For the half year from Candlemas Nineteen hundred and one to Lammas Nineteen hundred and one the sum of Two hundred and fifty pounds Sterling of fixed Rent or in the proprietors option the Lordships aftermentioned. And for every subsequent year of the Lease from Lammas to Lammas the sum of Five hundred pounds Sterling of fixed Rent and that whether the said tenants shall work the said substances subsequent to the said term of Candlemas Nineteen hundred and one or not. Or in the option of the said Proprietor and in lieu of the said fixed rent to pay to the said Earl or his foresaids the second Lordships after specified upon all coal (including Torbanehill Coal as aforesaid) Shale, Ironstone, Limestone and Fireclay which shall be wrought and raised out of the lands under this Lease, and that free of all cost Expenses and deduction Except as aftermentioned this option being to be Exercised and declared by the said proprietor at the term of Lammas Nineteen hundred and one or at any term of Lammas thereafter if he shall so prefer during the currency of this Lease. Primo – As regards the coal (First) For each ton of twenty hundred-weight of coal (other than the coal or mineral commonly known as Torbanehill Coal or Mineral) as put out at the pit or mine in the raw state and that overhead unwriddled including dross and whether Smithy or Common Coal the sum of six pence Sterling, but Excepting always from said Lordship all coals required and used allenarly at the Colliery for Pithead fires or for the ventilation of the Colliery or for the House fires of the Colliers actually Employed thereat (the supply to Each Colliers family being however restricted to fourteen hundred-weight per month) and coal used for calcining the Ironstone at Philpstoun Works all which

are/

[signed]

• James Hope
• R. M. Sutherland
• Robert Orr
• A. H. Crichton
• James Ross & Co.

— Page Sixth. —

are hereby specially exempted from payment of the foresaid Royalty. (Second) For Each such ton of the coal or Mineral commonly known as Torebanehill Coal or Mineral as put out at th epit or mine in the raw state and that overhead unriddled the sum of Ten shillings Sterling. Secundo. As regards the shale, For Each such ton of shale in the raw state as put out at the pit or mine the sum of seven pence Sterling or in the option of the Proprietor one twentieth part of the gross amount realized in Each year from Lammas to Lammas from sales of Crude Oil including Spirit and Sulphate of Ammonia produced at the Works from the shale herby let when the whole products are sold in these forms, and in the event of their being sold in other forms, a proportion of the prices which would be Equivalent thereto – which [amounts?] and prices shall be those at the Tenants Works or on a public Railway, or a Railway worked by a public Railway Company but under deduction of the coast of the packages or Casks required for the removal of said substances. Declaring that the said Lordship of seven pence per ton of shale or one twentieth of the prices realized shall be under deduction of two pence for every ton of shale hereby let being manufactured by the Tenants along with the shale from other lands already let. And in the event of the shale hereby let being manufactured by the Tenants along with the Shale from other lands already let to them by the said Earl, which they shall have power to do, it is hereby agreed that the products from a ton of shale from either field shall be held to be equal in value to the products from a ton of shale from the other for the purpose of ascertaining the Lordship. Further Declaring that the alternative option of taking said respective Lordships may be exercised at all times by the said proprietor and be changed from the one to the other and vice versa as often as he may think proper one months notice however being always given by him of the intention to make any such change previous to the time at which said change is to come into operation. Tercio As regards Ironstone (First) For Each such ton of calcined Blackband or Slateyband Ironstone cleaned by a riddle three eights of an inch square mesh the sum of Two shillings and six pence Sterling (Second) For each such ton of calcined Clayband, Ironstone cleaned as aforesaid the sum of one shilling and three pence Sterling. Declaring that when the Ironstone whether Blackband or Slateyband or Clayband shall be sold or otherwise disposed of in the raw state without being calcined the Tenants shall pay a Lordship upon such raw Ironstone so sold or otherwise disposed of Equal to one half of what they would have paid if it had been calcined before being carried away. Quarto. For Each such ton of raw Limestone as put out at the pit or mine the sum of Five pence Sterling. Quinto. For each such ton of Fireclay as put out at the pit or mine the sum of Four pence Sterling. And with reference to the manner in which the foresaid average price of the Crude Oil and other products therefrom, is to be ascertained it is hereby provided and agreed that such average price shall be the price or value of Crude Oil and other products of the quality produced from the shale put out from the lands hereby let and taken on an average during the year to the term of Lammas at which the Lordship Rent for the \year/ requires to be ascertained. Said average price to be fixed by Arbitration as aftermentioned in the event of the parties hereto failing to arrange and the same. And which Whole Lordships for the year from Candlemas Nineteen hundred to Candlemas Nineteen hundred and one shall be payable to the said proprietor or his foresaids at Candlemas Nineteen hundred and one. And the fixed Rent of (£500) Five hundred pounds or Lordships hereinbefore stipulated shall be thereafter payable to the said proprietor at two terms in the year Lammas and Candlemas (by equal portions in the case

of/

[signed]

• James Hope
• R. M. Sutherland
• Robert Orr
• A. H. Crichton
• James Ross & Co.

— Page Seventh. —

of the fixed Rent) beginning the first terms payment at the term of Lammas Nineteen hundred and one for the half-year preceding and so forth half yearly during the currency of this Lease. With a fifth part more of each terms payment of penalty in case of failure of payment. And Interest at the rate of five per centum per annum from the respective terms of payment during the non-payment. Declaring that in calculating the said Lordship Rents for each and every year the Ironstone which may not be sold or otherwise disposed of shall not be held to be included and that the Proprietors accepting payment of the fixed rent in any year shall not be held as a discharge of the Lordship or rent on any Ironstone which shall not have been included in the years return for enabling the Proprietor to decide whether he shall take the fixed Rent or the Lordship Rent in such years. And that if during the period of one year and a half from the term of Candlemas Nineteen hundred and one to Lammas Nineteen hundred and two the Lordship rent shall not amount to the fixed Annual Rent before specified and the said Proprietor shall take payment of the annual fixed rent for such year and a half in preference to the Lordships which he is always entitled to do, then and in that case the said Tenants shall be allowed during the three years subsequent to Lammas Nineteen hundred and two to put out an additional quantity of the substances foresaid free of Lordship to the extent the sum paid by them as fixed rent exceeded the Lordship for said period; And whenever in any one year of the Lease after Lammas Nineteen hundred and two the Lordship rent shall in like manner fall short of the fixed rent, and the fixed rent be taken. The tenants shall be allowed similarly during the two immediately succeeding years to put out Minerals free of Lordship to the extent of such shortage. Declaring that except during said three years this privilege shall be available only during the two years immediately succeeding that in which such deficiency of Lordships occurred and no retrospect shall take place in respect of Excess of fixed rent in any year or years previous to said year immediately preceding said two years. And it is hereby provided and agreed that at each of the terms of Candlemas and Lammas in each year after Candlemas Nineteen hundred and one, one half of the said fixed yearly Rent shall be demandable by and paid to the said proprietor, and when the foresaid Lordship Rents are preferred at any term of Lammas the half years Candlemas fixed rent previously paid shall at the said term of Lammas when the amount of Lordships for the year has been ascertained, be deducted from the amount of the years Lordships and the balance shall then be paid by the Tenants as in full of the years Rents and Lordships, but when the fixed Rent for the whole year is preferred by the proprietor, the other half only of the fixed Rent shall be payable at the said term of Lammas as in full of the said years rent. And in order to ascertain with correctness the quantity of the substances hereby let wrought from time to time by the said tenants and the amount of Lordships thereon falling to be paid by them if demanded as before stipulated, the said tenants hereby bind and oblige themselves as aforesaid and their foresaids to fix and maintain at each pit or mine mouth at which the Minerals hereby let are raised, a correct steelyard for weighing according to the imperial Standard weight, the said substances as they are put out in the ordinary hutches daily and thereafter disposed of by being used for Colliery purposes or sold or otherwise, and to cause the same to be weighed in detail thereon accordingly and also to cause regular Books to be kept in which shall be inserted daily in a distinct manner the detailed and gross daily output of the said substances from the said Workings, and also the detailed and gross amount of each days disposal and sale of said substances with the name and address of the Purchasers and the price at which each sale is effected, and the names and addresses of the Agents and the particulars of the expense Commission

and/

[signed]

• James Hope
• R. M. Sutherland
• Robert Orr
• A. H. Crichton
• James Ross & Co.

— Page Eighth. —

and disbursements attending the sale of oil as aforesaid and also the quantity of shale employed in the manufacture of oil and the quantity of oil and other products obtained from such shale, the quantity of Ironstone in the raw state which may be calcined and the quantity of calcined Ironstone obtained therefrom and carried away the quantity of the coal required and used for the purposes of the colliery and for calcining, for which no Lordship is to be charged as aforesaid, and the amount of difference between the gross output of coal and that used for the purposes of the Colliery and others on which amount difference Lordship as aforesaid may have to be paid and also the whole other transactions connected with the working raising and disposing of the said substances hereby let and that daily as the same take place and are ascertained as aforesaid and which Books shall at all reasonable times be open and patent at the Works of the said Tenants to the said Proprietor or to his Factor or others authorised by him. And the said Tenants bind and oblige themselves as aforesaid and their foresaids to cause to be transmitted quarterly to the said proprietor or to his Factor. Extracts from the said Books shewing the quantity of the substances raised and weighed as aforesaid on which Lordship has to be paid aforesaid, which Extracts shall be certified by the said tenants or their Manager, and, if required by the Proprietor, shall be verified by them or him on solemn declaration. Declaring that the said Tenants shall take care to separate and Keep distinct in their books the entire of the quantities of the shale obtained from the Mineral field hereby let from those of any shale obtained from the lands which were previously let to them by the said Earl as aforesaid, and the Tenants shall enter the said shale in separate Books or separate accounts to be Kept for the purpose of entering it and shall distinguish the daily output and disposal of the shale raised from each Mineral field and they shall take care that each hutch of shale as it is drawn from the pit or mine shall be accompanied by a tally indicating the name of each Miner or Company of Miners sending the same up the pit or mine mouth, and the weight thereof, and the names of the Miners or Company of Miners shall be entered in the output Books of the respective Mineral fields so that the output of each Miner or Company of Miners may be readily traced, checked and correctly accounted for in the same way as if no such communication existed and the said Earl and his foresaids shall have power for their own satisfaction at any time and as often as they think proper to have an inspection made of the Books plans and Works of the Minerals in said adjoining lands. And Further it shall be in the power of the said Earl and his foresaids to have the shale raised from the lands hereby let and adjoining lands allocated half yearly by a survey and measurement oif a Mining Engineer whose fees for so doing shall be paid equally by the Proprietor and Tenants. And it is agreed that James McCreath Mining Engineer, Glasgow, whom failing George Wilson McCreath Mining Engineer, Glasgow, shall be the Mining Engineer to make such survey and measurement and failing them then a Mining Engineer to be agreed on by the parties or failing Agreement to be nominated by the Sheriff Principal of the County of Linlithgow. And it is further provided and Agreed that it shall be competent to the said Proprietor whenever he deems it proper to place a check Grieve at each Pit or mine mouth at which the Minerals hereby let are raised or other convenient place in order to take an account daily of the produce of the said substances from the Mines and disposal thereof, and the quantity of shale sent daily, into the oil work to be distilled, and of the produce of Oil therefrom and which account may be compared monthly or oftener if required by the Proprietor with the Books Kept by the Tenants. Declaring however that such check grieve shall have no access to any part of the oil manufactory premises beyond such as require to be visited in order to take an account of the

quantity/

[signed]

• James Hope
• R. M. Sutherland
• Robert Orr
• A. H. Crichton
• James Ross & Co.

— Page Ninth. —

quantity of shale sent in and oil produced therefrom. And it is hereby provided that if there shall happen to be any difference between the Books Kept and the Accounts rendered by the Tenants and the Books Kept by the said Check Grieve, the matter shall be settled by Arbitration as aftermentioned, and when the correct produce is so ascertained the same shall be held as regulating the charge for Lordship, the Proprietor being nevertheless until such ascertainment entitled to demand and receive payment of Lordship on the quantities of the said substance stated in the Tenants returns which shall be held as payments to account, it being always understood and hereby agreed to, that if any difference shall be alleged to exist between the Books to be Kept by the said Tenants and the account to be Kept by the said Check Grieve, the said difference shall be intimated in writing to the said Tenants within two months after the Tenants Returns have been rendered to the proprietor or his factor otherwise the said difference shall be disregarded and the Books Kept by the said Tenants shall be held as accurate and correct, and the quantities therein stated shall be the quantities on which the foresaid Lordships when preferred by the said proprietor shall be reckoned. And in addition to making payment of the foresaid Rent or Lordships the said Tenants bind and oblige themselves as aforesaid and their foresaids to pay all public and parochial burden payable by law by Tenants. And further to pay a share along with all others of the expense of maintaining and repairing all Parish or other Roads including Private Roads used by them on the lands and Estate belonging to the said Proprietor. And Further to pay to the Proprietor during the currency of this Lease for all ground belonging to him and not let to Agricultural or other tenants that may be or has been used occupied or taken possession of by the tenants with the sanction of the Proprietor at the rate of Two pounds ten shillings Sterling per acre per annum. And also to pay for all surface and other damages of every description occasioned at any time by their operations during the currency of this Lease and Specially for loss of surface Water or Water from Streams or Springs through abstractions or otherwise by their workings. And also for all damages to Crops on the lands hereby let through their Workmen trespassing (but declaring that such trespass damage shall only be payable by the Tenant under this Lease when specially approved of or directed by the Proprietor or his Factor) and all other such damages done by them of whatever Kind or nature soever the same may be and whether such damage shall be due to the proprietor or to his Tenants and to free the Proprietor of all such claims at the instance of Tenants of other Proprietors or of other parties according as the said damages shall be determined by Arbitration as aftermentioned at the sole cost of the Tenants under this Lease unless the amount awarded shall be less than that offered by the Mineral Tenants with Interest at five per centum per annum during non-payment. And Also to pay and settle with the Agricultural or grazing Tenants of the Proprietor for all ground taken possession of from their Farms according to the conditions stipulated in their Leases for ground to be resumed. And (in addition to paying the same rent per acre as they pay to the Proprietor according to the average rent of their farms or parks) to pay to the said Agricultural Tenants at the rate of One pound per acre per annum during their Leases, and to pay them for all other damage caused by taking possession of their ground whether for intersectional damage or loss to stock or otherwise which damages shall if necessary be settled by Arbitration as aftermentioned. And Declaring that the said Tenants under this Lease shall be bound as they hereby bind and oblige themselves as aforesaid and their foresaids to undertake the whole risk and responsibility of and for any injury or damage that may be done by fire or water in any way above or below ground, and to trees plantations houses or other property occasioned by or in consequence of their operations. And the said tenants further bind and oblige themselves as

aforesaid/

[signed]

• James Hope
• R. M. Sutherland
• Robert Orr
• A. H. Crichton
• James Ross & Co.

— Page Tenth. —

[afore]said and their foresaids to free and relieve the said proprietor and his foresaids of all claims which may be made against him or them by neighbouring Proprietors, Tenants or other on account or from the effect of any of the operations of the said tenants under these presents or of their neglect of any of the stipulations or their non fulfilment or contravention of any of the obligations incumbent on them as Tenants under these presents or otherwise. And without prejudice to the provisions and declarations above written, the following articles have been specially agreed on between the said parties, and are hereby declared also to form conditions under which this Lease is entered into, and the said tenants to bind and oblige themselves as aforesaid and their foresaids accordingly. First That the whole substances hereby let shall be wrought by longwall or by stoop and room or room and rance, the pillars being extracted so far as practicable or by other mode of working by complete excavation if approved of by the proprietor, and the substances shall also be wrought in the most regular approved and systematic manner as to levels pits mines wall faces ventilation and drainage. Declaring that the Diphead or Main levels shall be carried forward in a true water-course direction and shall except in so far as, and until the sa[me] be held as disused as after provided for, be Kept at all times and at the end of this Lease be left clean and readily travellable from the pit or mine bottom to and around the wall faces so that no stagnant dammed or drowned water may accumulate therein and so that none of the Minerals gained thereby may be lost, but the whole water of the mines and workings connected therewithshall always pass off freely to the mouth of any day level that may be used, or to the bottom of any Engine pit or mine that may be sunk for draining the mineral field. And the said tenants shall not be entitled to carry on Dook Workings below the level of any Engine pit or Mine unless they shall make arrangements whereby a connection is or may be made with the pumping Engine or Engines of the Colliery for keeping such Dook Workings permanently clear of water during the Lease except in so far as and until the same be abandoned as disused as after provided for. Second. The Levels pits mines wall faces headings, drawing road and air courses shall except in so far and until the same be held as disused as after provided that the same workings shall in no direction be carried within five yards of the march of boundary of the Hopetoun Estate nor within twenty yards of Philpstoun House or Midhope Castle and adjoining buildings or Hawthornsyke Cottage with (in the case of said house, castle, buildings and cottage) an additional foot for every yard in depth from the surface at which the minerals shall be wrought nor so as to endanger the Banks of the said Hawthornesyke or Midhope Burn and strict regard shall be had to the safety of other buildings by leaving sufficient pillars, nor shall the said Tenants communicate any of the Levels Mines or Workings to to any neighbouring proprietor or other person without the written permission of the said Earl of Hopetoun or his foresaids first asked and obtained. And with regard to any substances hereby let which may be under, and also with regard to any of the said workings which may be proposed to be carried under any public Railway or Canal, it is hereby declared that the said tenants shall have power to work and carry on the same only so far as the said Proprietor and his foresaids can do so, and then only in terms of and as permitted by the provisions of the Canal and Railway Acts respectively, But declaring that in the event of any Railway Company or owner of any Railway which may be made over the Minerals hereby let preventing the Tenants from working a portion or portions of the same lying under or adjacent to such Railway or other work and their making a payment in respects of said substances being work the said Earl

and/

[signed]

• James Hope
• R. M. Sutherland
• Robert Orr
• A. H. Crichton
• James Ross & Co.

— Page Eleventh. —

and his foresaids shall be entitled to one half of any sum that may be paid, but the sum which may be received by the Proprietor shall not in any case be less than the Lordship on said Minerals. And it is hereby specially provided and declared that in addition to the provisions herein contained as regards damages the said Tenants shall alone be responsible for any questions loss or damage that may arise from their encroachment on any adjoining Mineral fields or property or in consequence of their working under any road Railway or Canal. Third The said Tenants and their foresaids shall be bound to Keep forward Plans at their own expense of each seam of the substances hereby let they may work shewing at the end of each half year the excavations which have been made during the preceding halfyear, and all dykes and hitches, wants of the Mineral or other troubles being carefully marked and delineated thereon, and which Plans shall be Exhibited and lent for a reasonable time to the said proprietor or any person on his behalf annually half yearly or oftener if required, and the proprietor shall at all times have access thereto and may take copies thereof and test their accuracy and at the end of this Lease these plans shall be the absolute property of the Proprietor without payment. Fourth the said tenants shall be bound to keep all the levels and workings properly ventilated and in a regular upredd workable condition and open and readily accessible and workable state during the Lease Except in so far as and until the same be abandoned as said is in the like state at their removal. And it is hereby provided that in the event of a difference of opinion between the Proprietor and the tenants as to the mode of conducting said workings the question so often as it may arise shall be determined by Arbitration as aftermentioned and thereafter the workings shall be carried on in accordance with the Award and direction of the Arbiter or Arbiters or their Oversman. Fifth If any of the Workmen or persons in the employment of the said Tenants shall be found poaching, Keeping lurchers or unlawfully entering the plantations of the said proprietor the said tenants shall on receiving information to that effect from the said proprietor or his factor discharge the said Workman or person from their employment. Sixth The said tenants shall not later than six months after the natural expiry or earlier termination of this Lease at their own expense restore the surface of all the ground occupied or damaged by them to the state and condition it was in before they entered upon the same and in lieu of restoration they shall at the termination hereof pay to the said proprietor for and in respect of such unrestored ground at the rate of One hundred pounds per Acre. And it is hereby provided and declared that the Tenants shall not be entitled to discontinue and abandon the workings thereof without the written consent of the proprietor. And in case of any difference of opinion between the parties as to such abandonment the matter shall fall to be settled by Arbitration as hereinafter mentioned. Seventh It is hereby provided and declared that it shall be in the option of the said proprietor at the Expiry or earlier termination of this Lease of which option notice shall be given by him at least three months prior to such Expiry or termination to take the whole machinery and Utensils or any Entire part thereof that may be then in use under-ground as he or they may choose at a Valuation to be ascertained by Arbitration as aftermentioned. Eighth. It is hereby agreed and the said James Hope as Commissioner foresaid binds the said proprietor and his foresaids and the said tenants bind and oblige themselves as aforesaid and their foresaids/

[signed]

• James Hope
• R. M. Sutherland
• Robert Orr
• A. H. Crichton
• James Ross & Co.

— Page Twelfth. —

saids respectively that in case any question dispute or difference shall at anytime arise between the said proprietor or his foresaids on the one part and the said tenants and their foresaids on the other part in regard to the meaning and construction of any of the provisions stipulations obligations or clauses herein contained or the average price of oil as aforesaid or the value of any lands houses Articles or things, or in reference to damages the same shall be as they are hereby referred to the amicable decision final sentence and decree Arbitral of the Neutral men of skill one to be chosen and nominated by each party, with power to the said Arbiter to choose an Oversman and to devolve on him any matter or matters upon which they may differ in opinion without affecting or in anyway interfering with their general powerof deciding such matters and questions as they may agree in opinion upon and shall not specifically devolve on an Oversman. Declaring that the Award of the said Arbiters or of the said Oversman on such matters as may be devolved on them or him shall be final and binding on the parties and power is hereby conferred on the said Arbiters or Oversman to pronounce interim or final decrees Arbitral so often as he or they may see fit. And further in the event of either the said proprietor or his foresaids or the said tenants or their foresaids failing for ten days to nominate an Arbiter as aforesaid while the other has nominated an Arbiter or in the event of the said Arbiters failing for ten days to concur in the appointment of an Oversman, it is hereby agreed that the power of nominating an Arbiter for the party who declines or an Oversman for the Arbiter as the case may be, shall devolve upon the Sheriff of the said County of Linlithgow and such nomination shall be final and not subject to review in any Court whatever and be as effected as if made by the party himself or by the Arbiters, And Lastly the said tenants to bind and oblige themselves as aforesaid and their foresaids to flit and remove from themselves and their Servants Workmen and dependents and effects furth and from the subjects hereby let at the expiry of this Lease without any warning or process of removing and to leave the same void and redd to be entered to and disposed of by the said proprietor or his foresaids at their pleasure, but it is hereby declared and agreed that the said tenants shall be allowed three calendar months from the termination of this Lease to enable them to remove any machinery or others which may have to be taken away and to dispose of and remove any substances that may be raised and undisposed of at the expiry of this Lease, they being liable for all loss and damage which may be occasioned by them in the course or their operations during said period of three months, but in the event of any such machinery and substances as aforesaid not being removed during said period of three months then the same shall belong to the said proprietor without any claim at the instance of the said proprietor without any claim at the instance of the said tenants and which arrangement is hereby declared pactional and not penal. And further the said Tenants bind and oblige themselves as aforesaid and their foresaids to pay for every year or part of a year that they or any of them or their Servants Workmen dependents and effects shall remain in or retain possession of the subjects hereby let after the expiry of this Lease (excepting as immediately before provided) whether by tacit relocation or otherwise contrary to the foresaid provisions without a new bargain formally reduced into writing treble the sum of Five hundred pounds Sterling of fixed rent, or in the option of the Proprietor treble the rates of Lordship before specified and which additional rent is also hereby declared to be pactional and not penal and to be payable by the said tenants in equal proportions at the same terms as herein provided in reference to the said original Rent or Lordships, and with interest and a corresponding/

[signed]

• James Hope
• R. M. Sutherland
• Robert Orr
• A. H. Crichton
• James Ross & Co.

— Page Thirteenth. —

ing penalty as stipulated in reference to the said original rent or Lordships, And the said James Hope as Commissioner foresaid binds the said proprietor and his foresaids and the said Tenants bind and oblige themselves as aforesaid and their respective heirs, executors, successors and representatives whomsoever to perform their respective parts of the premises to each other under the penalty of Two hundred pounds Sterling to be paid by the party failing to the party observing or willing to observe their part hereof toties, quoties and over and above performance. And the said James Hope as Commisioner foresaid and the said Tenants consent to the registration hereof for preservation and execution In Witness Whereof, these presents written on this and the twelve preceding pages or paper to be duly stamped by Joseph Hewson MacIntyre Clerk to the said James Hope, Are, together with a duplicate hereof subscribed by the parties hereto as follows videlicet, By the said James Ross and Company, Robert MacKay Sutherland and Archibald Henderson Crichton, the signature of the said Firm being adhibited hereto by the said Robert MacKay Sutherland at Philpstoun aforesaid the sixteenth day of April Nineteen hundred and one before these Witnesses George Davie, Cashier, and David Turner Gilchrist, Clerk, both residing at Rosoline Place, Wester Pardovan, Philpstoun, By the said Robert Orr at Glasgow the seventeenth day of said month of April and year last mentioned before these Witnesses Adam Cairns, Salesman residing at Ingleside, Newlands, Glasgow and John Stewart Todd, Clerk residing at Number six, Rokeby Terrace, Hillhead, Glasgow. And by the said James Hope as Commissioner foresaid at Edinburgh the nineteenth day of said month of April and year last mentioned before these Witnesses William Lennox Solicitor Supreme Courts Edinburgh, and William Hamilton Gunn, Apprentice to the said James Hope.

[signed]

• W. Lennox Witness
• James Hope
• W. H. Gunn, Witness
• Robert Orr
• A. Cairns, Witness
• John Stewart Todd Witness
• R. M. Sutherland
• George Davie Witness
• David J Gilchrist Witness
• A. H. Crichton.
• James Rosss & Co
• Agreement/

Page Fourteenth

Agreement between The Most Honorable John Adrian Louis Marquis of Linlithgow Knight of the Thistle formerly The Earl of Hopetoun on the first part and Robert Orr, Robert Mackay Sutherland and Archibald Henderson Crichton designed in the foregoing Leases the sole partner carrying on business under the Firm or designation of James Ross and Company Philpstoun Oil Works also therein designed on the second part.

The parties hereto considering that it is desirable that the tenants should be afforded facilities for raising Capital to enable them to erect a refinery or as portions of the farm of Fairniehill which is included in their Philpstoun Leasehold property and to develop shale mines and increase their retorting plant there so as to make their production of crude oil sufficient to employ a refinery of modern size, so that they may be independent of the few refining Companies in finding a market for the Shale products have agreed to the following alterations and conditions on the foregoing Leases dated Sixteenth, Seventeeth and Nineteenth April Nineteen hundred and one.

First. That the foregoing Lease which expires at Lammas Nineteen hundred and twenty two shall be extended and held to continue to the term of Lammas Nineteen hundred and thirty five with the privilege of a break at the expiry of every period of three years as mentioned in the said Lease.

Second. The second parties or their successors shall have power to assign the said Lease and these presents with any Agreement relative to said Lease which may hereafter be entered into between the parties or their successors to a Limited Company provided they shall satisfy the first party or the proprietor for the time that the Capital will be sufficient for carrying on the workings held by them under the foregoing Lease and anywhere else they may propose operating and also provided that the price to be paid by the Limited Company to the second parties or their foresaids shall in the opinion if the first party or such proprietor be a moderate one and shall not include any sum for the value of the said Lease and Agreements and shall be such as not to overcapitalise the undertaking.

Third. In lieu and in place of the Lordship on the Shale stipulated for in the foregoing Leases and of the alternative option thereby stipulated for in the foregoing Lease and of the alternative oprion thereby stipulated there shall be paid by the tenants from and after the term of Lammas Nineteen hundred and four (First) For each ton of Shale as mentioned in the foregoing Lease equal to or of greater value than the Broxburn Seam the sum of Seven pence (Second) For each ton of Shale as mentioned in the foregoing Lease inferior in value to the Broxburn Seam the sum of Five pence or in the Landlords yearly option instead of the said rates of Lordship one sixteenth of the sale prices of the crude oil including “spirit” or Naphtha and of the Sulphate of Ammonia produced therefrom so long as a Refinery shall not be erected on the said farm of Fairmiehill and one seventeenth of said sale prices from the first term of Candlemas or Lammas after a refinery shall have been erected there, and in the event of the Shale not being made solely into crude oil

and/ [signed]

• Robert Orr
• Linlithgow
• R. M. Sutherland
• A. H. Crichton
• James Ross & Co Philpstoun Oil Works

Page Fifteenth

and sulphate of Ammonia and so sold one sixteenth or one seventeenth as the case may be of the selling prices which would have been got had the shale been so manufactured and sold under deduction of the cost of the barrels or packages required for their removal and there shall be excluded or deducted from the sale price the cost of delivery by Railway or otherwise where the sale is made for delivery at places other than the Tenants Oil Works or on the Tenants Sidings connecting the same with a public Railway. Declaring that the said Lordship of Seven pence per ton or one sixteenth or one seventeenth as the case may be of the prices realised shall be under deduction of two pence for every ton of shale mined shall be raised from the lands contained in the foregoing Lease and in no event shall the Lordship to be received by the first party from any Seams or of any quantity of Shale be less than Five pence per ton without any deduction whatever and it is hereby declared that the said alteration on the Lordship on shale shall be without prejudice to the Lordships on the whole other minerals mentioned in the foregoing Lease.

Fourth. The clause regulating “Shorts” on the Seventh page of said Lease beginning with the words “And that if during the period of one year and a half” and ending with the words “fixed rent in any year or years previous to said “year immediately preceding said two years” is hereby cancelled as at and from the commencement of the Lease and the following clause is substituted clause shall be read and construed in the same way and to the same effect in all respects as though it had originally formed part of said Lease videlicet, “And that if during the period of four years and half from the “term of Candlemas Nineteen hundred and one to Lammas Nineteen hundred and five the Lordship rent shall not amount to the fixed annual rent before specified and the said proprietor shall take payment of the annual fixed rent for such four years and a half or any of them in preference to the Lordships which he is always entitled to do, then and in that case the said tenants shall be allowed during the three years subsequent to Lammas Nineteen hundred and five to put out an additional quantity of the substances foresaid free of Lordship to the extent the sum paid by them as fixed rent exceeded the Lordships for each period: And whenever in any one year of the Lease after Lammas Nineteen hundred and five the Lordship rent shall in like manner fall short of the fixed rent, and the fixed rent be taken the tenants shall be allowed similarly during the two immediately succeeding years to put out minerals free of lordship to the extent of such shortage: Declaring that except as regards such period of four years and a half (for which three years are allowed as aforesaid) this privilege shall be available only during the two years immediately succeeding that in which such deficiency of lordships shall occur, and no retrospect shall take place in respect of excess of fixed rent in any year or years previous to said year immediately preceding said two years.”

Fifth. The whole clauses obligations and conditions contained in the said Lease as far as not altered by this Agreement shall continue in force during the Lease

as/

[signed]

• Robert Orr
• Linlithgow
• R M Sutherland
• A H Crichton
• James Ross & Co Philpstoun Oil Works

Page Sixteenth

as hereby extended and the said Robert Orr, Robert Mackay Sutherland, and Archibald Henderson Crichton bind and oblige themselves conjunctly and severally as individuals and their heirs executors successors and representatives whomsoever as well as the said Copartnership of James Ross and Company Philpstoun Oil Works and the whole partners present and future therein and the said Marquis of Linlithgow binds himself and his heirs and successors to implement and fulfil the respective parts of the foregoing Lease and this Agreement and they consent to the registration hereof for preservation and execution. In Witness Whereof these presents written on this and the two preceding pages by William Marshall Clerk to Messieurs Hope, Simson and Lennox Writers to the Signet, Edinburgh, and together with a duplicate hereof subscribed by the parties hereto as follows videlicet, By the said Robert Orr at Kinnaird Larbert on the Sixteenth day of October Nineteen hundred and five before these witnesses Alexander George Calder hereto subscribing “Alexander Calder”, Butler, and Elizabeth Calder, Housekeeper, both at Kinnaird, Larbert, by the said Robert Mackay Sutherland, Archibald Henderson Crichton, at Falkirk on the Sixteenth day or October and year last mentioned before these witnesses Alexander Wardlaw, Timekeeper, Lime Road, Falkirk, and by the said Marquis of Linlithgow at Hopteoun House and in the County of Linlithgow on the Nineteenth day of said month of October and year last mentioned before these witnesses David William Brown, Secretary to the said Marquis, and Alfred Chapman Clerk at Hopetoun Housekeeper

aforesaid/

[signed]

• D. W. Brown witness Linlithgow
• Alfred Chapman Witness
• Alexander Calder Witness
• Robert Orr
• Elizabeth Calder Witness
• Alexr Wardlaw Witness
• R. M. Sutherland
• Wm Craig witness
• A. H. Crichton
• James Ross &c Philpstoun Oil Wrks

— Page Seventeenth —

Agreement between the Most Honourable Victor Alexander John Marquis of Linlithgow on the first part and Robert Mackay Sutherland, Archibald Henderson Crichton designed in the foregoing Lease and Robert Dundas Orr, Chemical Manufacturer Limewharf Chemical Works Falkirk being the surviving partners carrying on business under the Form or designation of James Ross and Company, Philpstoun Oil Works, Linlithgow on the second part.

The Parties hereto Considering that by the foregoing Lease dated sixteenth, seveteenth and nineteenth April Nineteen hundred and one and the foregoing relative Minute of Agreement dated sixteenth and nineteenth of October Nineteen hundred and five, the Second Parties are Tenants of certain minerals underlying a portion of the First Partys lands and estate of Hopetoun and others in the Parish of Abercorn, and that their workings are now approaching the north east boundary of said portion of the said lands, and also Considering that the tenants believing that minerals lie within the additional area of ground adjoining the said north east side have asked to be allowed to extend their workings which the First Party has sanctioned on certain conditions, Therefore the Parties have agreed and hereby agree as follows videlicet:-

First. That the First party shall allow the second Parties to work and he hereby Lets to them and their successors under said Lease and Agreement the whole Coal (including coal or mineral commonly known as Torbanehill Coal or mineral) Oil Shale, Ironstone, Limestone and Fireclay belonging to the first party so far as the same underlies that portion of ground lying to the north eat of the said lands and estates of Hopetoun and others let to the second Parties in the foregoing Lease as the said additional portion is delineated and coloured pink on a Plan or Sketch thereof annexed and signed as relative hereto, and that for the period yet to run under the foregoing Lease and Agreement, from and after the term of Lammas Nineteen hundred and eight and with the breaks and under the penalties and conditions contained in the said Lease and Agreement.

Second. The Second Parties shall not on any Account or pretext whatever break interfere with or occupy the surface of any part of said ground, nor sink pits or erect any Railway works machinery or buildings or deposit any minerals or refuse of any description thereon, without the consent in writing of the First Party or his Successors, the minerals therein being to be worked

and/

[signed]

• R. M. Sutherland Linlithgow
• A. H. Crichton.
• R. Dundas Orr
• James Ross & Co, Philpstoun Oil Works

— Page Eighteenth —

and extracted only by the workings from the mines on the ground let to him under the Lease dated eighteenth and twentieth December Eighteen hundred and eighty four between the late Marquis of Linlithgow and the then Partners of James Ross and Company and Agreement thereto appended dated first and sixth December Eighteen hundred and ninety, and the workings shall be carried on so as not to break the surface or to damage trees nor shall the pillars of any stoop and room working in said ground be worked out except with the consent in writing of the First Party or his successors, and any ground damaged by subsidence or otherwise shall to be restored to as good a state as it was in previous to the occurrence of such damage.

Third. That no workings shall be carried on at a less depth from the surface than one hundred feet without the consent in writing of the First Party or his successors and the Tenants undertake in connection with their workings that on strict regard be had to the safety of building and surface generally (that is, as to trees et cetera) by leaving sufficient pillars.

Fourth. The First party hereby agrees to allow the second Parties to drive an Adit Level from the workings out to the Midhope Burn for the passage of water from the workings through the unlet area hereby let and the Midhope Burn , and the said level of the Firth of Forth in a covered drain of fireclay pipes if required by the First Party or his successors.

Fifth. On the minerals before mentioned that shall be worked and raised out of the ground decribed in this Agreement, the Second Parties shall pay to the said Victor Alexander John Marquis of Linlithgow and his heirs and assignees the same lordships as are specified in the foregoing Lease as altered by said foregoing Agreement and that during the whole period thereof yet to run, and at the terms and with the like, interest and penalties mentioned therein.

Sixth. The whole clauses obligations and conditions contained in the foregoing Lease and Agreement so far as applicable shall apply to the minerals and ground herein described, and the said Robert Mackay Sutherland, Archibald Henderson Crichton and Robert Dundas Orr bind and oblige themselves conjunctly and severally as individuals and their heirs executors, successors and representatives whomsoever as well as the said copartnership of James Ross and Company, Philpstoun Oil Works, and the whole partners present

and/

[signed]

• R. M. Sutherland Linlithgow
• A. H. Crichton.
• R. Dundas Orr
• James Ross & Co, Philpstout Oil Works

— Page Nineteenth —

and future therein and the said Victor Alexander John Marquis of Linlithgow binds himself and his heirs and successors to implement and fulfill their respective parts of this Agreement and they consent to the registration hereof for presentation amd execution In Witness Whereof these presents written on this and the two preceding pages by Jospeh Hewson Mackenzie, Clerk to Messieurs Hope Simson and Lennox, writers to the Signet Edinburgh, Are together with a duplicate hereof, and relative plan annexed to each subscribed by the parties hereto as follows videlicet:- By the said Archibald Henderson Crichton at Philpstoun Oil Works, Linlithgow, on the fourteenth day of December, Nineteen hundred and eight before these Witnesses George Davie, Cashier, residing at Number Twenty two, High Street, Linlithgow; by the said Robert Mackay Sutherland and James Ross and Company (Philpstoun Oil Works) the signature of the said Firm being adhibited hereto by the said Robert MacKay Sutherland at Falkirk on the fifteenth day of said month of December and year last mentioned before these Witnesses John McNicol, Clerk, Broomfield, Polmont Station, and William English, Clerk, Number Nineteen, Greenbank Place, Camelon, Falkirk, by the said Robert Dundas Orr at Carron Hall, Stirlingshire, on the said day, month and year last mentioned before these witnesses, Mrs Maud Anita Orr, his wife residing at Carron Hall aforesaid, and the said John McNicol; And by the said Victor Alexander John Marquis of Linlithgow, at Ramsgate on the eighteenth day of said month of December, and year last mentioned before these Witnesses, Hubert Selwyn Stewart, Tutor, residing at Number Sixty St John’s Road, Clifton, Bristol, and Spencer Street Valet to the said

Marquis/

[signed]

• Hubert Selwyn Stewart, Witness Linlithgow
• Spencer Street, witness
• John McNicol, Witness
• R. M. Sutherland
• William English, Witness
• George Davis, Witness
• A. H. Crichton
• Edith Dryburgh, Witness
• M. Anita Orr, Witness
• R. Dundas Orr
• John McNicol, Witness,
• James Ross, Philpstoun Oil Works
• William English, Witness.

This is a duplicate plan referred to in the foregoing Agreement also in duplicate between The Most Honorable Victor Alexander John Marquis of Linlithgow and James Ross and Company, Linlithgow dated fourteenth, fifteenth and Eighteenth December, Nineteen hundred and Eight.

[signed]

• Linlithgow
• R. M. Sutherland
• A. H. Crichton.
• R. Dundas Orr.
• James Ross & Co., Philpstoun Oil Works