Description

Duplicate of Agreement between the Trustees of the late Sir John Pender and The Pumpherston Oil Co Ltd.

Regarding the opening of a mine on Seafield Farm dated 1911. Includes: plan of area covered in the agreement. Estimated date. Legal: Murray Beith and Murray W S. Embodied in new lease of 1934.

Duplicate

Agreement between Sir John Denison Pender & others (Trustees of the late Sir John Pender —and— The Pumpherston Oil Coy. Ltd.

1911

—Murray Beith & Murray, W. S.—

Agreement between Sir John Denison Pender K. C. M. G., residing at Six Grosvenor Crescent, London, Alexander Robertson Hardie of Electra House, Moorgate in the City of London, Secretary of the Eastern Telegraph Company, and John Cuthbert Denison Pender of Sixteen Hans Crescent, in the County of London, the surviving and accepting Trustee original and assumed acting under the last Will and Testament of the late Sir John Pender, G. C. M. G., dated thirty first July Eighteen hundred and ninety and with five Codicils thereto dated respectively thirty first July Eighteen hundred and ninety, Eighteenth April Eighteen hundred and ninety one, thirtieth November Eighteen hundred and ninety one and fifteenth February Eighteen hundred and ninety five, proved in the Principal Register of the Probate Division of Her late Majesty’s High Court of Justice in England on twenty eighth July Eighteen hundred and ninety six and Sealed with the Seal of the Commissariat of Edinburgh, on Ninth October Eighteen hundred and ninety six (hereinafter calles the Lessors) heritable proprietor of the lands hereinafter referred to of the first part, and the Pumpherston Oil Company Limited incorporated under “The Companies’ Acts 1862 to 1880 and 1883” having their Registered Office at One hundred and thirty five Buchanan Street, Glasgow (Hereinafter called the Lessees) of the second part.

Whereas the second parties are lessees of the bituminous Oil Shales and Coal, and also all Coal (except Gas and Parrot Coal) in the first parties’ lands and Estate of Seafield, Blackburn and Whitehill in the Parish of Livingstone and County of Linlithgow under the Lease between the parties hereto dated sixteenth June and fourteenth and Seventeenth October Nineteen hundred and three And Whereas the Lessees propose – opening a pit or pits on their property of Mid Breich for the purpose of working the minerals in their properties of Mid Breich and Wester Breich and also (if the Lessees find it practicable so to do) the minerals in the Lessors properties of Southhill and Blackburn forming part of the first parties’ said lands and Estate of Seafield, Blackburn forming part of the first parties’ said lands an Estate of Seafield, Blackburn and Whitehill in the said Parish and County And Whereas the Lessees recently

requested/

[signed] J. Denison Pender Thomson McLintock Director

• A. R. Hardie James Bryson Director
• J. C. Denison Pender R. G. McCully Secretary

—Page Second—

Requested the Lessors to approve of the formation by the Lessors of a haulage road on the Lessors Lands along the line coloured red and shown on the Plan annexed and, with a duplicate thereof, docquetted and signed as relative hereto And Whereas the foresaid Lease contains regulations only for the carriage, over the Lessors said lands and Estate of minerals from other lands of which the Lessors are tenants And Whereas the Lessees suggested that these regulations should be extended so as to apply to the carriage of minerals from the said lands of Mid Breich and Wester Breich and that the formation of said haulage road and also the erection of the cable both hereinafter mentioned, should be treated as if they were within the terms of and sanctioned by the foresaid Lease and that the Lessees should, during the currency of the foresaid Lease, be entitled to utilise the said haulage road for carrying minerals from their own properties of Mid Breich and Wester Breich all on certain terms and conditions which it is proper should be reduced to writing : Therefore this Agreement witnesseth that the parties hereto have agreed and do hereby agree as follows:-

First: That the formation of said haulage road shall be treated as if it were strictly within the terms of the foresaid Lease, and that the Lessees shall during the currency of said Lease, be entitled to use said haulage road for carrying or conveying minerals from their own properties of Mid Breich and Wester Breich (one) to the same extent and effect as if definite provision had been made for such carriage of such minerals in said Lease; and (two) subject to the Clauses and conditions and at the wayleave stipulated for in the said Lease; and this Agreement shall be treated by the parties as an Addendum to the foresaid Lease, provided however that if the wayleave for the carriage of shale along said haulage road after it has been completely formed shall in any one year amount to a less sum than Fifty pounds, the Lessees shall be bound to pay the lessors, in addition to the wayleave for such year the difference between the amount thereof and said sum of fifty pounds.

Second. The said haulage road, so far as on the Lessor’s lands, shall be on the line shown on the Plan attached hereto and with duplicate thereof signed by the parties hereto as relative hereto and shall be in the form of a hutchtrack of the usual type along the said line indicated in said Plan, and the Lessees shall make no deviation or alteration on that portion of said haulage road without the Lessor’s consent : Further the Lessees shall be entitled to erection and/

[signed] J. Denison Pender Thomson McLintock Director

• A. R. Hardie James Bryson Director
• J. C. Denison Pender R. G. McCully Secretary

—Page Third.—

and during the currency of the foresaid Lease maintain, on said haulage road, poles for the carriage of a cable or cables from their Electric Power Station at their Deans Works to their pit or pits or mines on their said lands of Mid Breich and Wester Breich and to transmit by such cable or cables, electric power to such pits or mines and also to mines wrought by Lessees on the Lessors’ said lands and Estate whether such last mentioned mines shall be wrought through the pit or pits or mines on Mid Breich or Wester Breich or by pits or mines on the Lessors said lands and Estate.

Third. The Lessees shall fence in the site of the said haulage road (either during the progress of the work or immediately after its completion) in the same manner as they fenced in the ground occupied by the existing haulage road from the new mine on Seafield to their Works; and they shall maintain the fence in good repair at their own cost during the whole currency of said Lease.

Fourth. The Lessees shall form and maintain a sufficient and properly fenced bridge over the said haulage road at the point marked “B” on the foresaid Plan so as to give free access at all times, along the farm road on the east side of Seafield farm Steading, to the farm tenant and his horses, carts, farm implements, stock and crop.

Fifth. The Lessee shall continue the existing sleeper fence at the west end of the workmen’s houses until it meets the southern fence of the said haulage road and enclose the ground hatched blue on the foresaid plan.

Sixth. The Lessees shall make and maintain at their own cost on the farm of Blackburn:- (a) A sufficient and properly fenced bridge over the said haulage road at each of the two separate points between the Almond and the high road fixed between the Lessors’ Agents and the Lessees at a recent meeting on the ground, so as to give free access at all times, across the said haulage road, to the farm tenant and his horses, carts, farm implements Stock and crop. (b) Such level crossings at any point in the said haulage road, and such gates leading thereto, as the lessors or the tenant of Blackburn farm may (with the Lessors approval if asked by the Lessees) indicate either during the progress of the work or at any time thereafter. (c) A properly fenced underway for horses, carts, farm implements, Stock and crop at the point marked “D” on the Plan (d) Such gates in connection with these bridges and underway as the said farm tenant may consider necessary.

Seventh. The Lessees shall at their own expense provide and insert to the satis

faction/

[signed] J. Denison Pender Thomson McLintock Director

• A. R. Hardie James Bryson Director
• J. C. Denison Pender R. G. McCully Secretary

—Page Fourth—

faction of the said farm tenant, such new water pipes and troughs as he (with the Lessors approval as aforesaid) may consider necessary for the purpose of supplying water to stock in each field or part of a field cut up or subdivided by the formation of the haulage road.

Eighth. The workmen employed by the Lessee at their Mid Breich Pit and the executive officials of the Lessees (but not their families or friends) shall be at liberty to use the proposed haulage road as a footpath or short cut when going from Seafield to the pits on Mid or Wester Breich; but the road shall not be used on Sunday, except by the Lessees’ workmen and officials whop may be on duty, and the Lessees shall (if and when asked by the Lessors to do so) erect such notice boards as the Lessors may consider necessary for the purpose of (a) maintaining the privacy of the haulage roads (b) restricting its uses to haulage and the limited amount of foot traffic hereinbefore indicated and (c) preventing trespass along the haulage road and on Blackburn farm and obviating all risk of the acquisition by the public of a right of way.

Ninth. The Lessees shall be at liberty to use the farm road marked on the Plan as (one) an emergency access to Mid Breich in the case of accident at the pits there and (two) an ordinary access road for the lessees Directors and chief officers when they wish to go from Seafield to Mid Breich for purposes of inspection; but the Lessees undertake to keep the road in as good repair as at present so long as the new haulage road is in use.

Tenth. As soon as practicable after the said new haulage road has been completed the Lessees shall remove the existing haulage road so far as it runs on the Lessors land between the Lessees works and the Seafield pit.

Eleventh. The Lessees agree to take on lease during the currency of their Mineral Lease the before mentioned piece of ground hatched in blue on the said plan at a rent at the rate of Two pounds per acre per annum, which shall run from the date on which they begin to construct the new haulage road. The piece of ground referred to shall be used as additional garden ground nin connection with the Managers’ Cottages and for no other purpose.

Thirteenth./

[signed] J. Denison Pender Thomson McLintock Director

• A. R. Hardie James Bryson Director
• J. C. Denison Pender R. G. McCully Secretary

—Page Fifth—

Thirteenth. The Lessees shall pay the Lessors rent for the portion of the sites of said haulage road coloured red on said plan at the rate of Two pounds per acre per annum the rent to begin to run from the date on which the Lessees begin to construct the new haulage road.

Fourteenth. All questions as to (a) severance damage and (b) compensation to the farm tenant for unexhausted manures, loss of grazing, dislocation and loss of crops, and disturbance of Stock shall be settled in accordance with the provisions of the foresaid Lease between the parties hereto.

Fifteenth. The Lessee shall pay the Lessors Solicitors fifteen guineas to cover the costs and outlay incurred to them for correspondence, meetings, and personal inspection of the ground etc., in connection with the said haulage road: In Witness whereof these presents written on this and the four preceding pages by Alexander Gordon, Clerk to Murray Beith & Murray, Writers to the Signet, Edinburgh, are, along with the Plan annexed and under the declaration that the word “line”, being the first word in the second line of the Second Article hereof is written on erasure before the execution, executed by the parties hereto as follows : They are sealed with the Common Seal of the Lessees and subscribed for them and on their behalf by Thomson McLintock and James Bryson, two of their Directors, and Richard Glover McCulley, their Secretary, all of Glasgow on the fourteenth day of November Nineteen hundred and eleven before these Witnesses James McArthur and Harry Conacher both Clerks to the Lessees at One hundred and thirty five Buchanan Street, Glasgow, and they are subscribed by the Lessors all at London, on the fourth day of December and year last mentioned before these Witnesses John Gordon Macmillan and Henry John Burke, both Clerks to the Eastern Telegraph Company, Limited, Electra House, Finsbury, London, E. C.

[signed] J. Macmillan Witness J. Denison Pender

• H. J. Burke Witness
• J. Macmillan Witness A. R. Hardie
• H. J. Burke Witness
• J. Macmillan Witness J. C. Denison Pender
• H. J. Burke Witness
• James McArthur Witness Thomson McLintock Director

Harry Conacher Witness James Bryson Director

• R. G. McCully Secretary

—Page Sixth—

The parties to the foregoing Agreement have arranged and agreed to amplify and modify the terms thereof to the extent and effect indicated in the following letter written by the Agents of the Trustees of the late Sir John Pender, the lessors, to the Pumpherston Oil Company Limited, the lessees, namely:- “43 Castle Street, Edinburgh, 16th November 1911. Dear Sir, Sir John Pender’s Trust.-Haulage Road from Mid Breich to Seafield. We write with reference to your letters of 23rd ulto., and 4th and 10th inst., Farm Road: At a meeting with Mr Bryson on the ground yesterday, it was arranged that you should have free and uninterrupted use of the farm road for cartage purposes, on the following conditions, during the currency of your present Mineral Lease:- (a) so far as the road is not already fenced off, you will erect a substantial fence in good repair so long as you use the road to any extent whatever (b) At the four places which we pointed out to Mr Bryson yesterday, you will erect substantial wooden or iron gates (c) At the end of the road next to the public road, you will place a turnstile. (d) You will remove the fence which at present surrounds the small piece of ground immediately behind the lodge and erect a new fence alongside the road and in continuation of the present fence of the field – our object being to throw that small piece of ground into the field immediately in front of Blackburn House. (e) You will supply a water supply and drinking trough for the portion of the field which lies between the new haulage road and the farm road. (f) So long as you make any use of whatever of the farm road, you will keep the whole road in good repair (g) You will, as arranged, straighten the small portion of the road at the point “9” on the Plan (immediately opposite the ricks). Bridges. We pointed out to Mr Bryson yesterday that if the over-bridge at Seafield farm and the over-bridge on Blackburn farm are erected exactly as shown on the blue print which accompanied you letter to us of 4th inst., the farm tenants will find the gradients too steep and will sooner or later complain. We suggested to Mr Bryson that you should add another 12 or 15 feet to each side of each of the bridges, and he promised that this would be done. On that footing we approve of the bridges as planned; and so far as we are concerned you may proceed with the erection of the bridges whenever you are ready to do so. Underway. We confirm the arrangement made yesterday that you will construct (in the place and manner discussed on the ground) an underway on the Almond not less than 9 feet wide and 8 feet high. You will also form such small portion of road or ap

proach/

[signed] J. Denison Pender Thomson McLintock Director

• A. R. Hardie James Bryson Director
• J. C. Denison Pender R. G. McCully Secretary

—Page Seventh—

[ap]roach to the underway on both sides as will enable the farm tenant to take carts and implements conveniently through the underway. Electric Cable : We approve of the erection of the posts shown on the tracing which accompanies you letter of 10th inst. Gates. We also approve of your re-erecting, in the places indicated on the plan which accompanied your letter of 10th inst., the two gates which you had to remove when you made the tunnel across the public road; But when re-erecting the gate in the Blackburn field, please place your gate posts about 4 feet nearer to Seafield Farm house and thus save a good tree which is growing immediately opposite the posts as shown on your plan. We are, Yours faithfully, ‘Murray, Beith & Murray’”: In Witness Whereof these present written on this and on the preceding page by Alexander Gordon, before designed are executed in duplicate by the parties hereto as follows: They are subscribed by the Lessors all at London, on the fourth day of December Nineteen hundred and eleven, before these Witnesses John Gordon Macmillan and Henry John Burke, both clerks to The Eastern Telegraph Company, Limited, Electra House, Finsbury Pavement, London E. C., and they are Sealed with the Common Seal of the Lessees and subscribed for them and on their behalf by Thomson McLintock and James Bryson, two of their directors and Richard Glover McCulley their Secretary all at Glasgow, on the twenty sixth day of month and year last mentioned before these Witnesses James McArthur and Harry Conacher, both Clerks to the Lessees at One hundred and thirty five Buchanan Street, Glasgow

[signed] J. Macmillan Witness J. Denison Pender

• H. J. Burke Witness
• J. Macmillan Witness A. R. Hardie
• H. J. Burke Witness
• J. Macmillan Witness J. C. Denison Pender
• H. J. Burke Witness
• James McArthur Witness Thomson McLintock Director

Harry Conacher Witness James Bryson Director

• R. G. McCully Secretary

This is the Plan referred to in the foregoing Agreement between Sir John Pender’s Trustees and The Pumpherston Oil Company Limited, and executed in duplicate of even date herewith as relative hereto;

[signed] J. Denison Pender

A. R. Hardie

• J. C. Denison Pender
• Thomson McLintock, Director
• James Bryson, Director
• R. G. McCully, Secy