TALBOT5621

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Cottrell

March 20 / 58

I will set down the heads of agreem^t in order to see if there is any misunderst^g ab^t them. (K)

I am to give you a lease for 21 y^rs of 15 acres at Nethermore situate _lying in 1 piece or parcel together with a narrow strip of land extend^g f^m th^ce down to the canal, wide enough for y^e formⁿ of a tramway, and as respects the lower lands, of a double tramw^y.

(K) I have subs^d average ores, for inferior ores. The inferiority The latter term w^d imply _{engage to} nothing since y^e inferior^ty descends certainly f^m y^e best ores till you get to mere rubbish

The exact posⁿ & des

I am further to hold in reserve for 2 or 3 years 10 add^l acres of land adjacent to the first, and if during that interval of time the ore raised by you attains to the amount of 50000 tons in one year, then I am to ^a lease _^^of the said 10 acres begun on the same terms as the first. shall be added to the former lease. The exact posⁿ & descriptⁿ of these lands shall be settled by mutual agreem^t

An agric^l rent of 2£ per acre shall be paid for <illegible deletion> so much of these lands _^^only as is actually occupied by the lessee, or has been diverted from its usual agricult^l employment. The farmers shall have a right to cross the tramw^y with carts & waggons, where it is level, but the inclined plane tramw^y shall be crossed by bridges, not exceeding two – add^l bridges if any to be provided at the land lords _lessor expense.

A royalty of 1/6 per ton to be paid on the ore raised and sold, as regards the first 20000 tons sold in each year and of 1/ per ton, as regards the ore sold during the remainder of that year. (M)

If any smelt^g f^naces are built hereafter on M^r T’s land in the vicinity of the canal, the royalty payable on all ore sold for the use of such f^naces to be 1/6 per ton. A separate acc^t to be kept of such ore, w^ch shall not be consid^d as forming part of the 20,000 tons ment^d in the preceding clause as ^{liable to the royalty of 1/6} If such f^naces are built the lessee will engage to supply them with the ore they may require at the price of 5/ per ton delivered at the canal at the terminus of the lessee’s works, such ore to be of fair average quality of the ores raised and sold – Such agreem^t for the price of the ore may be ment^d by the lessor to any persons who may be actually in treaty w^th him to establish fairness but ^{it is understood} shall not be needlessly divulged ^{but ye parties to this agreemt will endeavr t. avoid further publicn of it} at present. (N)

If M^r T. shall hereafter make a tramway from the canal to the GWR _^^{and a siding on that rlwy} the lessee engages to transport convey by it all the ore raisd and sold by him w^ch is going to Wales or Staff^dsh or any other place, except places so near ^{on ye banks of} the canal as the canal transport w^d be cheaper to the lessee. And M^r T. engages to keep the tramw^y in good repair. – But nothing herein containd shall render it oblig^y on M^r T. th to construct such tramwy if unforeseen diff^ties sh^d arise, & render its const^rn _^^{in his judgment} too difficult or expensive.

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Cottrell March 20 /58

^(M) The lessee agrees to raise and sell at least 20000 tons during each year of the lease

This stipulatⁿ is to commence from Jan^y 1^st 1859 no During the year /58 a royalty is to be paid only upon y^e actual N^o of tons raised & sold –

^(N) If at a future time the lessee sh^d propose to convey to y^e canal on his r^lway the ore belon^g to any other proprietor, the consent in writing of M^r T shall be necessary, & it shall form y^e subject of a separate agreem^t.

<expanded version>

Cottrell

March 20, 1858

I will set down the heads of agreement in order to see if there is any misunderstanding about them. I have substituted average ores, for inferior ores. The inferiority The latter term would imply engage to nothing since the inferiority descends certainly from the best ores till you get to mere rubbish

The exact position and description

I am to give you a lease for twenty-one years of fifteen acres at Nethermore ¹ situate lying in one piece or parcel together with a narrow strip of land extending from thence down to the canal, wide enough for the formation of a tramway, and as respects the lower lands, of a double tramway.

I am further to hold in reserve for two or three years ten additional acres of land adjacent to the first, and if during that interval of time the ore raised by you attains to the amount of 50,000 tons in one year, then I am to a lease of the said ten acres begun on the same terms as the first. shall be added to the former lease. The exact position and description of these lands shall be settled by mutual agreement.

An agricultural rent of two pounds per acre shall be paid for <illegible deletion> so much of these lands only as is actually occupied by the lessee, or has been diverted from its usual agricultural employment. The farmers shall have a right to cross the tramway with carts ad waggons, where it is level, but the inclined plane tramway shall be crossed by bridges, not exceeding two – additional bridges if any to be provided at the land lords lessor expense.

A royalty of one shilling six pence per ton to be paid on the ore raised and sold, as regards the first 20,000 tons sold in each year and of one shilling per ton, as regards the ore sold during the remainder of that year. The lessee agrees to raise and sell at least 20.000 tons during each year of the lease. This stipulation is to commence from January1^st 1859 no During the year 1858 a royalty is to be paid only upon the actual Number of tons raised and sold –

If any smelting furnaces are built hereafter on M^r Talbot’s land in the vicinity of the canal, the royalty payable on all ore sold for the use of such furnaces to be one shilling six pence per ton. A separate account to be kept of such ore, which shall not be considered as forming part of the 20,000 tons mentioned in the preceding clause as liable to the royalty of one shilling six pence. If such furnaces are built the lessee will engage to supply them with the ore they may require at the price of five shillings per ton delivered at the canal at the terminus of the lessee’s works, such ore to be of fair average quality of the ores raised and sold – Such agreement for the price of the ore may be mentioned by the lessor to any persons who may be actually in treaty with him to establish fairness but it is understood shall not be needlessly divulged but the parties to this agreemt will endeavour to avoid further publicn of it at present. If at a future time the lessee should propose to convey to the canal on his railway the ore belonging to any other proprietor, the consent in writing of M^r Talbot shall be necessary, and it shall form the subject of a separate agreement.

If M^r Talbot shall hereafter make a tramway from the canal to the Great Western Railway and a siding on that railway the lessee engages to transport convey by it all the ore raisd and sold by him which is going to Wales or Staffordshire or any other place, except places so near on the banks of the canal as the canal transport would be cheaper to the lessee. And M^r Talbot engages to keep the tramway in good repair. – But nothing herein containd shall render it obliging on M^r Talbot th to construct such tramway if unforeseen difficulties should arise, and render its construction in his judgment too difficult or expensive.