| Content Description | First Party: the representatives of Henry Pelham Archibald Douglas [Pelham-Clinton, 7th] Duke of Newcastle under Lyne.
Second Party: The London and Fort George Land Company Limited, registered at Worksop, Nottinghamshire.
Third Party: The Butterley Company Limited, registered at Butterley, Derbyshire.
Lease from (1) and (2) to (3) for 53 years of all the mines, beds, and seams of coal and cannal lying under lands in Wellow measuring 230.5 acres [as described in an appended schedule and shown on an attached plan], and secondly all the liberties, easements, rights and privileges; the lease is subject to a water grant for a term of 1000 years made with Nottingham Corporation and dated 9 Jul. 1902; (3) has the liberty to work and carry away the coal without the need to leave lateral support for the surface land, and to construct underground levels, roads, machinery etc as is necessary; contains clauses concerning compensation to be paid by (3) for damage caused by the working, and clauses concerning exceptions and reservations.
(3) covenants to: pay all rents and royalties, to pay all taxes and assessments, to work the mines properly to approved methods, to repair and maintain all the works demised, not to grant any individual or organisation the right to take water from the area covered by the water grant to Nottingham Corporation [hatched black on attached plan], to restore and pay compensation for damage to the surface of the land or buildings, to indemnify (1) and (2) from all claims for damages, to give notice when workings approach buildings, (1) may give a counter notice specifying support to be left for buildings, to permit (1) and their agents to enter and view the premises, to present an account of coal gotten to (1), not to underlet the property, to give 6 months notice in writing to determine the lease once the Top Hard Seam has been worked; also contains various clauses regarding none payment of rent or royalties.
Rent: £50 per year for the first 4 years; £100 per year for the sixth to eighth years; £150 per year for the ninth to twelfth years; £230 per year from the thirteenth year onwards, to be reduced to £50 per year when the Top Hard Seam of coal has been paid for]; to be paid in half yearly installments on 1 Jan and 1 Jul.; also contains details of the various footage and acreage royalties.
Recitals: (a) fact that at the time of his death the 7th Duke of Newcastle was seised of the mines and minerals in question, which he had agreed to sell to (2); (b) fact that the 7th Duke died 30 May 1928 before the aforementioned agreement was completed; (c) fact that (2) have been let into possession and receipt of the rents and profits of the property sold, but no conveyance concerning this has been executed; (d) fact that (1) and (2) have agreed to grant the lease to (3).
Includes a plan with the land in question coloured pink; a green line delineates the limits of the Boughton Water Area subject to the water grant; plan is drawn to a scale of 6 inches to 1 mile and is dated May 1929; inset with an enlarged plan [at a scale of 1/2500] showing the exact area subject to the water grant.
Note that the bundle also includes various documents relating to a legal case between the Butterley Company Limited and Wharton Vickers of Brinsley Wharf Row, Nottingham, concerning the mining of coal under Vickers' property; the documents in question include a bundle of correspondence, notes, plans, claims and so on. |