Description

New Railway Connection and Sidings: Two Draft Memoranda of Agreement between The North British Railway Company and The Pumpherston Oil Company (Limited) Dated 1889.

See also Arc 129057

New Railway Connection and Sidings.

Our/ Draft Memorandum of Agreement between The North British Ry Co. and The Pumpherston Oil Co. (Limited)

1889.

Copy Draft Memorandum of Agreement between the North British Railway Company incorporated by Act of Parliament of the first part and the Pumpherston Oil Company Limited Twenty four St Vincent Place Glasgow of the second part.

First. The \first/ parties shall forthwith make for, for use by the second parties, the Sidings coloured blue on the plan signed as relative hereto, and Connect the same with the second parties lines of rail at the east end of their works and at the points marked C. & D. on said plan and (with the exception of banking material) shall provide the material therefor.

Second. The first parties shall be entitled to take, free of charge, such material from the second parties spent shale heap as shall be required for banking in connection with such sidings.

Third. When said Sidings have been made and connected with the second party’s line of rails as aforesaid, the first parties shall lift and remove so much of the material forming the existing siding into the second party’s works and between the point A & B on said plan as belongs to them and upon said sidings being completed the said existing siding shall be wholly discontinued.

Fourth The cost of making and connecting said new sidings as above expressed and of maintaining the same in an efficient manner for the second parties works shall be borne by the first party and for and during the second party’s use of said sidings they (the second party) shall pay the first party a rent therefor at the a rate of Ten pounds per annum, to run from the date of completion of the work as said date of completion shall be certified by the first party’s party’s Engineer. The rent for the said existing siding shall cease from and after that date.

Fifth. The second party shall obtain from Mr Peter McLagan the proprietor of the lands upon which the new sidings are to be so formed a Discharge of his right of hypothec or lien over these sidings for the rent payable by the second party to him as proprietor of said lands.

• 1129058

New Railway Connection and Sidings.

Draft Memorandum of Agreement

Copy Draft Memorandum of Agreement between the North British Railway Company incorporated by Act of Parliament of the first part and the Pumpherston Oil Company Limited, 24 St Vincent Place Glasgow of the second part.

• The parties agree as follows:—

1. The first parties shall lay in the sidings coloured blue on the plan signed as relative hereto and shall provide the material required in so doing (except for banking which the first parties shall be allowed to take from the second parties spent shale heap free of charge) in addition to the material between the points marked A and B on the plan partly belonging to the second parties which they shall be entitled free of any charge to uplift and apply in carrying out the work. The work shall be carried out in such a way as to interfere as little as possible with the continuous carrying on of the second parties business.
2. The second parties will supply free of charge to the first parties any material required for banking in connection with the sidings referred to in the preceding article.
3. The cost of carrying out the work and of materials therfor save as aforesaid shall be borne by the first parties and the second parties shall pay them for and during the second parties use of said new siding and in respect \thereof/ a rent at the rate of £10 per annum to run from the date of completion of the work as shall be certified by the first parties Engineer.
4. In as much as the first parties in the year 1886 provided permanent way material for additional siding accommodation at Pumpherston Oil Works under the arrangement set forth in the correspondence between the parties in June & July 1886 in respect of which interest at the rate of five per cent per annum on the cost has been paid is payable by the second parties, and it is desirable that the material belonging to the the first and second parties respectively should be properly recorded; Therefore on the completion of the Sidings, the subject of this agreement a careful Inventory of the said materials shall be made up and signed by the parties as relative hereto shewing The \said/ material belonging to the first parties and laid down \as above mentioned in this article fourth/ under the arrangement set forth in the correspondence between the parties in June and July 1886 under which interest at the rate of 5 per cent per annum is payable by the second parties. (2) \and/ the material belonging to the first parties and to be provided under this agreement, and (3\2/) The residue which shall represent the material belonging to the second parties /and to continue to be their property.\
5. The Sidings shall be maintained by the second parties to the satisfaction of the first parties Engineer.
6. The second parties shall obtain from \Mr Peter McLagan/ the proprietor of the ground upon which the material belonging to the first parties is \to be/ laid \in terms of this agreement,/ a Discharge of his rights of hypothec or lien over the same In Witness Whereof for the rent payable by the second parties to him as proprietor, In Witness Whereof