Hebden Moor Mining Company Lease

Introduction

In 1589 the Tempest family sold the manor of Hebden and its associated manorial rights to the manorial tenants via the Hebden Trust Lords. Unlike at Kettlewell, where the Trust Lords retained the manorial rights, such as the mineral, hunting, fishing, and manorial dues, to be held in trust for the freeholders in perpetuity, they were shared out amongst the original freeholders to be kept by them. The manorial rights were not automatically associated with a property, they could be retained and sold separately, which is why many freeholders in Hebden today have no manorial rights.

The veins that underlay the area around Yarnbury had been exploited since the early eighteenth century, and had proved to be very productive over a long period as technology improved. These veins extend into Bolton Gill, which was part of the Hebden Liberty, and although there had been sporadic attempts to extract the lead the early miners were discouraged by the broken ground. However, in August 1853 William Winn of Harrogate and Joseph Osborne of Leeds formed a partnership and were granted a lease for mineral extraction in Hebden, initially for three years, but with an option to renew. They extended their partnership to include George Crossland, a merchant from Huddersfield; William Shaw, a wool merchant also from Huddersfield; George Cook from London; and Joseph Thomas from Liverpool (later of St. Albans in Hertfordshire), who were joint partners in a London wool broking company. These were all men successful in their own fields who wished to cash in on the opportunities offered by the Yorkshire lead mining industry. The partnership was dissolved in November 1854, and replaced by the Hebden Moor Mining Company. This was established as a Cost Book Company, with the six partners being the initial shareholders. Winn and Osborne were each given 10,000 £1 shares fully paid-up as payment for their interests. Winn had sold his share by 1857, and Osborne his by 1862. £1000 was raised in the initial call, and in August 1855 a further £500 was raised from the shareholders.

The first three years went well, and in August 1856 the lease was renewed for a further twenty one year, with one tenth of the value of the lead extracted going to the holders of the manorial rights.

For some ten years or so, the mines proved to be highly profitable, and the owners of the mineral rights received £3,345 between them, equivalent to over £330,000 in 2022. The payouts were in proportion to their share of the manorial rights, and varied between £278 and ten shillings over the ten years. The mean payout was about £128. To put that into perspective, the average wage was about £135 a year, so it was by no means a bonanza when spread over ten years.

Following is a transcript of the 1856 lease agreement, which is in the care of David Joy, together with its renewal.

Format of the Document

The 1856 lease is hand-written on eight pages of parchment measuring 670 cm wide by 600 cm wide, which folds up into a package 270 cm by 225 cm. The second page contains the maps showing the leased area. Each page is impressed with a ten shilling duty stamp on blue paper - no legal document at the time was enforceable unless such duty had been paid. The attached maps are based on the Enclosure map, despite the Enclosure Act not coming into force until the following June. The wording of the lease also assumes the implementation of the Enclosure Act.

Transcription Notes

• Each page has its own section below.
• Each page has margin notes summarising the salient points made by the text alongside. These are reproduced at the top of the section, boxed and in italic.
• Any emphasis given in the original by larger or bolder font is indicated by bold font in the transcription.
• The signatures of the manorial lords were distributed over four columns, but have been transcribed in one.
• The signatures of the directors of Hebden Moor Mining Company were distributed over three columns, but have been transcribed in one.
• Some royalties are shared by more than one person. In this case the money is shown against the first person, and the following names are indented.
• If there any doubts about the accuracy of the transcription, a question mark is placed at the end of the word.
• If a word cannot be identified, its place is marked with a question mark.
• The map has been rendered in Deep Zoom format at the end of the transcript.

Transcription of the 1856 Mining Lease

Page 1

This Indenture made the Eleventh day of August One thousand eight hundred and fifth six Between the Several Persons (other than the persons parties hereto of the second and third parts) whose names are hereunto subscribed and Seals affixed Lords of the Manor of Hebden in the County of York of the first part John Hird of Hebden aforesaid Farmer and John Hawley of Dibbles Bridge in Hebden aforesaid Farmer the present Bar Masters of the Manor of Hebden aforesaid of the second part and William Sigston Winn of Haverah Park near Harrowgate in the County aforesaid Joseph Osborne of Leeds in the same County Wool Merchant George Crossland of Huddersfield in the same County Cloth Merchant William Shaw the younger of Huddersfield aforesaid Cloth Merchant George Cook of Basinghall Street in the City of London Wool Broker and Joseph Thomas of Basinghall Street aforesaid Wool Broker of the third part Witnesseth that in consideration of the duties hereby reserved and made payable and the Covenants Considerations and Agreements herein expressed and contained on the part and behalf of the said parties hereto of the third part are and ought to be paid kept observed and performed They the parties herein of the first part according to their respective Estates and interests in the premises and not further or otherwise Do and each of them Doth hereby demise lease and to farm let and they the said John Hird and John Hawley by virtue of any interest power or authority enabling them as such Bar Masters as aforesaid in this behalf Do and each of them Doth hereby demise and confirm unto the said parties of the third part their executors administrators and assigns All those Mines veins or Beds of Lead Ore opened or unopened situate lying and being within or under the District or Precinct of Ground called by the name of "Hebden Moor" situate lying within or being parcel of the Manor of Hebden in the said County of York And also all other mines and minerals within or under the said Precinct or District (except as hereinafter mentioned) And also the seams and Veins of Coal opened or unopened within or under such part or parts of the said Mining Ground as the said parties hereto of the third part their executors administrators or assigns shall from time to time select not exceeding in all One hundred Acres for the supply of Steam Engines of Furnaces to be used in the Mining Operations to be carried on pursuant to these presents or for any other purpose connected with such operations but not for Sale A Map or Plan of which said Mining Ground is drawn on the second Skin of these presents and Coloured Pink and comprizes the Land numbered thereon from 1 to 63 inclusive (saving and reserving out of this current demise unto the said parties hereto of the first part their heirs and assigns and their Lessees and Tenants all Mines of Coal (except as aforesaid) and of Culm and all Stone and Quarries now opened or worked or unopened in under or upon the whole of the said Mining Ground with power for the said parties hereto of the first part their heirs and assigns Lessees tenants and workmen to get win dig for and carry away the same with all rights of road and necessary rights and privileges for winning working getting taking and carrying away the same not interfering with or impeding the Mining operations carried on pursuant to these presents and making compensation to the parties hereto of the third part their executors administrators or assigns for the use of any Road constructed by them and subject as to the Allotments numbers 30 and 54 by the Hebden Moor Inclosure Award set out for Stone Quarrying to the rights of quarrying and getting Rock or Stone by the said award given to or by virtue thereof subsisting in favour of any person or persons whomsoever in or over the two Allotments and to such other reservations as to the mines and minerals under the said two Allotment Numbers 30 and 54 as are comprized in the said Award And also (by way of demise and not of exception) all and singular Grooves Shafts drifts sumps rises and levels ?? passages waters watercourses profits easements privileges and appurtenances whatsoever to the said hereditaments and premises hereby demised appertaining and belonging And also full and free liberty license power and authority to and for the said parties hereto of the third part their executors administrators and assigns and their Agents Miners and Servants from time to time and at all times during the term hereinafter mentioned to dig sink and search for drive work and make and construct such other grooves shafts drifts sumps rises levels ways waygates and other works and to use all such other lawful ways and means (hushing excepted) from time to time and at all times during the continuance of this demise for the finding discovering winning working and getting of the Lead Ore and other demised Minerals and Coal in through and upon the said Mining Ground and premises as they the said parties hereto of the third part their executors administrators or assigns shall deem expedient And also full and free liberty licence and authority to and for the said parties hereto of the third part their executors administrators and assigns and their and every of their Workmen Miners and Servants from time to time and at all times during the continuance of this demise to have heap room pit room way passage ingress egress and regress in upon through over and along all and every the aforesaid Mining Ground and premises with or without any horses carts and carriages by the most usual ways or by new ways to be constructed by them for that purpose to and from the Mines worked by them pursuant to these presents and to have and convert all such Lead and other Ore they or any of them shall find and get in and out of the said Mining Ground or any part thereof to their and every of their own use and behoof paying the duty hereinafter reserved and the surface damage hereinafter mentioned And likewise full and free liberty license and authority from time to time and at all times during the continuance of this demise to and for the said parties hereto of the third part their executors administrators and assigns to turn or divert and watercourse or watercourses

Page 2

And to dig or make any other Watercourse or watercourses drains levels trenches dams and sluices in or through the aforesaid Mining Ground or premises or any part thereof for the working of Engines or otherwise for the purpose of washing cleansing dressing smelting or otherwise rendering Merchantable all such Lead or other Ore as shall or may be got from out of upon or about the said Mines or Works And also full and free liberty licence power and authority for the said parties hereto of the third part their executors administrators and assigns during the continuance of this demise to erect set up and build upon the said Mining Ground and premises or any part thereof any other Engines Gins Whimseys machinery hovels sheds or other buildings erections or works that may be requisite and necessary for the better and more effectual mining working washing laying smelting and otherwise rendering merchantable the lead and other Ore raised and wrought within or out of the said premises any part thereof And to dig and get up in or out of the said Mining Ground and premises all stones soil and clay for the making building constructing or repairing only any such Engines machinery hovels sheds or other buildings erections or works either already erected or constructed or which may at any time during the term hereby granted be erected and built upon the said Mining Ground And also full and free liberty during the demise hereby granted to get Coal within and under such One Hundred acres aforesaid of the Mining Ground free of charge but only for the supply of any Steam Engines or furnaces which now are or may at any time during the continuance of this demise be erected or placed by the said parties hereto of the third part their executors administrators or assigns in or upon the said Mining Ground or any part thereof to be used in the Mining operations to be carried on pursuant to these presents or for any other purpose connected with such operations and not for sale And also full and free liberty license and authority for the said parties hereto of the third part their executors administrators and assigns during the continuance of this demise to do all matters and things (except hushing) that may be necessary or requisite to be done for the working getting washing dressing cleansing smelting rendering merchantable and disposing of the Lead and other Ore and minerals discovered or to be discovered in any part or parts of the said Mining Ground Provided always that the liberties powers and privileges hereby given are so given on the express understanding that they the said parties hereto of the third part their executors administrators and assigns shall pay surface damage for any Shaft or Shafts or other workings overflowing of water roads and other damages to be made done or occasioned for or in or by the working of such Mines or in procuring water for the same or getting such Coal as aforesaid or for any other purpose connected therewith To have and to hold the Mines and Coal with the buildings shafts erections liberties privileges and other the premises hereby demised or intended so to be with the appurtenances unto the said parties hereto of the third part their executors administrators and assigns from the day of the date hereof for during and unto the full end and term of Twenty one years thence next ensuring from the date hereof and fully to be complete and ended Yielding paying rendering and delivering unto the said parties hereto of the first part their heirs and assigns by paying and delivering to the said John Hird and John Hawley the present Bar Masters of the said Manor of Hebden or one of them or other the Bar Master or Bar Masters for the time being of the said Manor or one of them from time to time during the said term of Twenty one years the dues and duties at the mines and in manner hereinafter mentioned and expressed that is to say One full eleventh part or share (the whole into eleven equal parts to be divided) or every eleventh pig or piece of all Lead obtained from Lead Ore which shall or may from time to time be gotten raised and smelted during the said term from and out of the said Mines and Mining Ground or any part thereof or otherwise and in lieu of such eleventh piece pig part of share at the option of the said parties hereto of the first part their heirs or assigns (declared from time to time as hereinafter mentioned) one full tenth part or share (the whole into ten equal parts to be divided) of all such Lead ore as shall or may from time to time be gotten or raised during the said term from and out of the said Mines and Mining Ground or any part thereof and that well washed and dressed and made fit for market (other than and except ore in respect of the Lead from which such Eleventh piece pig part or share shall have been taken or demanded as aforesaid) or instead thereof at the option aforesaid the value in money of such Tenth part or share free and clear of and from all expenses charges and deductions whatsoever the said Eleventh pieces pigs parts of shares of Lead or the said Tenth parts or shares of Lead Ore or the value thereof as the case may be set out and rendered or paid to the said John Hird and John Hawley the present Bar Masters of the said Manor of Hebden or one of them or other the Bar Master or Bar Masters for the time being of the said Manor or one of them in Smelted Lead at the Smelt Mill at Grassington in the said County of York or at any Smelt Mill which may be hereafter erected in the said Manor of Hebden or if in Lead Ore at the Pit mouth or at the washing place on the premises where such Ore may be dressed and rendered marketable (as the case may require) free of all charges costs and expenses whatsoever And also yielding and paying and delivering unto the said parties of the first part their heirs or assigns by paying or delivering to the said John Herd and John Hawley the present Bar Masters of the said Manor of Hebden or to one of them or to the Bar Master or

Page 3

Bar Masters for the time being of the said Manor from time to time during the said term hereby granted or to one of them one full tenth part or share the whole into ten equal parts to be divided of the Ores raised well washed and dressed and made fit for market of all other Minerals (exclusive of Lead and the Coal of One Hundred Acres of Land as hereinbefore mentioned) which under the authority of these presents shall be wrought won or obtained from time to time during the said term and out of the said Mines and Mineral Grounds hereby granted provided that the remaining nine tenth parts of such ores respectively shall be sold or otherwise used by the said parties hereto of the third part their executors administrators and assigns such one tenth part be free of all deductions and charges or otherwise and at the option of the said parties hereto of the first part their heirs or assigns (declared from time to time as hereinafter mentioned) the value in money of such one tenth part or share the same to be rendered and delivered or paid to the said John Hird and John Hawley the present Bar Master of the said Manor of Hebden or one of them or other the Bar Master or Bar Masters for the time being of the said Manor or one of them at the Pits mouth or at the washing place or the premises where such Ore may be dressed or rendered Merchantable within Six Calendar months after the same shall have been gotten or obtained it being hereby agreed and declared between and by the said parties hereto that the options hereinbefore given to the said parties hereto of the first part their heirs or assigns shall be declared solely by notice in writing signed by the Bar Master or Bar Masters for the time being of the said Manor or by one of them if more than one and left for the parties of the third part their executors administrators or assigns at their Office or place of Business on the said premises or if there be no such Office or place of business then at any such smelting house or washing place as aforesaid or at the Pits Mouth at such times so as not to impede or delay the said parties hereto of the third part their executors administrators or assigns or their Agents or Servants in smelting washing removing or disposing of any such Ores or Minerals as aforesaid And the said parties hereto of the third part Do hereby for themselves jointly and severally and for their joint and several heirs executors administrators and assigns covenant promise and agree to and with the said parties hereto of the first part their heirs and assigns in manner following that is to say That they the said parties hereto of the third part their executors administrators or assigns shall and will at the option of the said parties hereto of the first part their heirs or assigns declared as aforesaid well and truly pay yield and deliver or cause to be paid yielded and delivered unto the said parties hereto of the first part their heirs assigns or unto the Bar Master or Bar Masters for the time being of the said manor of Hebden or one of them at such place or places as aforesaid one full eleventh piece pig part or share of all such Lead as shall or may from time to time be gotten or raised and smelted during the said term from and out of the said Mines and Mining Grounds or otherwise one full tenth part or share (the whole into ten equal parts to be divided) of all such Lead Ore as shall or may from time to time be gotten or raised during the said term from and out of the Mines and Mining Grounds or any place thereof well washed and dressed and made fit for market (other than and except ore in respect of the Lead from which such eleventh piece pig part or share shall have been taken or demanded as aforesaid or instead thereof at such option as aforesaid the value in money of such tenth part or share the same to be rendered and delivered or paid to the said John Hird and John Hawley the present Bar Masters of the said Manor of Hebden or one of them or other the Bar Master or Bar Masters for the time being of the said Manor or one of them at such place as aforesaid free and clear of and from all charges and deductions within fourteen days next after the same shall from time to time be smelted or rendered Merchantable as the case may be And also one full tenth part or share the whole into ten equal parts to be divided of the Ore of all other Minerals except as aforesaid which shall or may be gotten won or obtained out of or in the said Mines and Mining Grounds from time to time during the said term and of which the residue shall have been sold or otherwise used by the said parties hereto of the third part their executors administrators or assigns or otherwise at the option aforesaid the value in money of such last mentioned tenth part or share Free from all charges and deductions whatsoever the same to be delivered or paid as aforesaid to the said John Hird and John Hawley the present Bar Masters of the said Manor of Hebden or one of them or other the Bar Master or Bar Masters for the time being of the said Manor or one of them Free from all charges and deductions at the Pits mouth or at the washing place on the premises within Six Calendar Months after the same shall have been obtained And further that when and as often as they shall have gotten and raised a reasonable quantity of Lead Ore they shall proceed to smelt the same into Lead and so from time to time at proper seasons during the continuance of this demise in order that the said parties hereto of the first part their heirs and assigns may not be unduly delayed in receiving their said duty parts shares or proportions thereof as aforesaid And also that they the said parties hereto of the third part their executors administrators or assigns shall and will from time to time during the continuance of this demise give and deliver or cause to be given and delivered unto the said John Hird and John Hawley the present Bar master of the said Manor of Hebden or to one of them or other the Bar Master or Bar Masters for the time being of the said Manor

Page 4

Or one of them at the Dwellinghouse or Dwellinghouses of such Bar Master or Bar Masters three days notice in writing of the time or times of weighing such Lead after the smelting thereof or of the weighing or such Lead Ore as the said parties hereto of the first part their heirs or assigns shall as aforesaid have elected to take one tenth of after the dressing thereof in order that they or he may attend from time to time to see the same weighed and to take samples thereof and to receive such parts and proportions thereof as aforesaid And that until such notice shall have been given and delivered as aforesaid they the said parties of the third part their executors administrators and assigns shall not nor will on any account take remove or carry away any part of the said Lead or the Ore of other Minerals from the smelting waisting and dressing place until such duty or share thereof (as the case may be) shall have been set out and rendered as aforesaid but shall and will forfeit and pay for any pig or piece of Lead which shall be so removed and taken away treble the value or worth thereof and for every pound of Lead ore or the Ore of other Minerals so gotten and removed aforesaid three times the value thereof to the said John Herd and John Hawley the present Barmasters of the said Manor of Hebden or other the Bar Master or Bar Masters for the time being of the said manor And also that they the said parties of the third part their executors administrators and assigns shall and will at all times during this demise keep true and accurate Books of Accounts of all the Lead Ore and ores of other minerals (except such coal as aforesaid) which shall from time to time be raised and gotten from and out of the said Mines and Mining Ground and of all the Lead which shall be smelted from the same and shall and will permit and suffer the said parties hereto of the first part or the said John Herd and John Hawley the present Bar Masters of the said Manor of Hebden or other the Bar Master or Bar Masters for the time being of the said Manor within ordinary business hours to inspect and peruse the said Books of Accounts and to take Copies thereof or extracts therefrom And also that they the said parties hereto of the third part their executors administrators and assigns shall and will from time to time and at all times during the said term hereby granted at their own proper Costs and Charges will and surely pay and discharge all Taxes Rates Assessments and other impositions whatsoever which now or or at any time or times hereafter during the said term hereby granted shall or may be taxed charged rated assessed or imposed upon the said Mines and premises hereby demised or any part thereof by authority of Parliament or otherwise howsoever (save and accept the Landlords property or Income Tax And also that they the said parties hereto of the third part their executors administrators and assigns shall and will engage and employ an efficient number of proper Miners and Workmen being not less than four pickmen constantly in driving levels at all times during the said term unless prevented by any unavoidable occurrence And also that they shall and will wall on the sides and arch with Stone all Horse or day levels to be in the said Mining Ground during the said Term which will not stand without support in a Workmanlike and substantial manner And also shall and will make or cause to be made true and accurate plans and sections of all the workings in the said Mines from time to time according to the progressive order of such work shewing the different drifts levels sumps shafts and other excavations which shall from time to time be in use by them upon and about the said Mines and Mining Ground and shall and will on receiving One Calendar months notice in writing so to do produce or cause to be produced at the said Mining Ground such plans and sections for the inspection of the said parties hereto of the first part their heirs and assigns or the Bar Master and Bar Masters for the time being of the said Manor or any of such Bar Master And also that the said parties hereto of the third part their executors administrators and assigns shall not nor will at any time during the said term hereby granted conceal any vein or veins of ore or other matter or thing to the prejudice or disadvantage of the said parties hereto of the first part their heirs or assigns or the succeeding Lessee or Lessees of the said Mines and Mining Grounds And further also that they the said parties hereto of the third part their executors administrators and assigns shall and will from time to time and at all times during the continuance of this demise keep open and in good repair all such permanent Gin Shafts day levels way gates roads and other works now in use or hereafter to be sunk driven formed or made for the working of the said Mines as shall be necessary or proper for the effectual prosecuting or carrying on of the said mining works And the said Mines Gins Shafts Day levels Watergates and other works and roads hereby demised so well and sufficiently repaired and kept in repair shall and will at the expiration of the said term surrender and yield up into the hands of the said parties hereto of the first part their heirs and assigns or any succeeding Tenant or Tenants Lessee or Lessees And that they the said parties hereto of the third part their executors administrators or assigns shall not and will not pull down or demolish any building permanent Gin Shaft day level watergate drift or other works belonging to the said Mines now in use or hereafter to be made used and erected for the working thereof without the consent of the said parties of the first part their heirs or assigns

Page 5

In writing for that purpose first obtained or unless or until the same shall have ceased to be necessary or proper for the prosecuting or effectual carrying on of the said Mining Works nor remove take or carry from off the said premises any timber wood or other materials which shall have been made use of about any of the said mines works or buildings save and except any Engine or Engines or Machinery which may have been or may be erected during the said term by the said parties hereto of the third part their executors administrators or assigns And also that it shall and may be lawful for the said parties hereto of the first part their heirs and assigns or the Bar Master or Bar Masters for the time being of the said Manor of Hebden or any other person or persons to be appointed in writing for that purpose by the said parties hereto of the first part their heirs or assigns at any time in working hours in the daytime during the said term to enter into and upon any part of the said demised premises and to descend into all or any of the said mines and to make use of the shafts or pit gates and drifts within the aforesaid Mining Ground now opened or to be opened and then and then and there to view and inspect the state and condition thereof and the workings of the said mines and to plumb dial and take levels and to lay out the same above ground in order to be the better informed of the true and regular working thereof And in case any defect shall be found in the state of the said requires that then upon Notice thereof in writing to be signed by the Bar Master or Bar Masters for the time being of the said Manor of Hebden and delivered to the said parties hereto of the third part or any one of them their or his Executors administrators or assigns or their or his known Agent or Agents at the said mines they the said parties hereto of the third part their Executors administrators or assigns shall and will within the space of one Calendar month next after such notice shall have delivered as aforesaid well and sufficiently and in a proper manner repair repair the said demised premises and every part thereof according to the nice intent construction and meaning of these presents And also shall and will at all times during the continuance of this demise make full satisfaction to the said parties hereto of the first part and their Tenants and Farmers or the person or persons who for the time being shall be entitled to the freehold or inheritance of the surface of the said Mining Ground and premises and his or their Tenants for all surface drainage which shall be done to them or any of them by reason of any shaft or shafts or other workings or by the overflowing of water or the making of Roads or getting of Coal and also for any other damages done or occasioned by reason of the working and conveying on of the said Mines and Works or by the damaging maiming or losing of Horses Cattle of Sheep therein or thereby and also any compensation to be made by the parties hereto of the first part their heirs or assigns or their Lessees or Tenants for the use of roads as aforesaid the same to be ascertained by Arbitration as hereinafter mentioned in case the said parties disagree about the same And Moreover that they the said parties hereto of the third part their executors or administrators shall not nor will at any time during the said term hereby granted lease let demise or assign over or part with the possession of or in any way or by any means dispose of the premises hereby demised or any part or parts or share or shares thereof or therein nor their right or rights or interest or interests to or in the same for the whole or any part of the said term to any person or persons whomsoever without the license or consent of the Bar Master or Bar Master for the time being of the said Manor or one of them if more than one in writing for that purpose first had and obtained Provided always and these presents are upon this express condition nevertheless that if all or any part of the Lead to be from time to time raised and gotten by virtue of these presents or any of the ore of other minerals shall be removed or disposed of before such notice shall have been given and such duly rendered and paid as aforesaid and so as to evade such duty or in case the said parties hereto of the third part their executors administrators or assigns shall neglect or shall entirely cease to work the said Mines for the space of three consecutive Calendar months or work the same with less than four experienced pickmen driving levels unless prevented by stress of weather or other unavoidable occurrences or shall neglect or refuse to keep such Books as aforesaid or refuse to permit the same or any of them to be examined and copied as aforesaid or in case any of the Covenants herein contained which on the part and behalf of the said parties hereto of the third part their executers administrators or assigns are or ought to be prepared performed and kept shall either wholly or in any material particular be broken or be unobserved or unperformed it shall and may be lawful to and for the said parties hereto of the first part according to their several and respective shares and proportions in the same premises and their respective heirs or assigns to reenter into the possession of all the said demised premises and the same to have again repossessed enjoy as in their former state and this present Indenture of Lease and every covenant clause matter and thing herein contained it shall be at the election of the said parties hereto of the first part their respective heir or assigns to be signified in writing under their respective Hands absolutely to make null and void anything herein contained to to the contrary thereof notwithstanding Provided also that the wording of these presents or any entry to be made by virtue of or under the provision lastly hereinbefore contained shall not release exonerate or discharge or be construed or considered to exonerate or discharge the said parties hereto of the third part their heirs executors administrators or assigns or the parties hereto of the first part their heirs executors administrators or assigns from any Action or Actions suit or suits claims or demands to which they or any of them may be liable or which might be made against them or any of them for any act default or neglect during the continuance of this demise And further that it shall and may be lawful to and for the said parties of the third part their executors administrators and assigns at any time within the space of Six Calendar months next after the determination of these presents to take smelt and convert all such ore and Bouse as shall at the determination of the said demise be ready wrought and lead above ground or uncovered

Page 6

And Also to remove and carry from off the said hereby demised Mines and Mining Ground all such engines machinery rails sleepers ropes tools implements ladders and materials used and employed in or about the said Mines (except the Timber in the shafts levels rises and sumps) as the said parties of the first part their heirs or assigns shall not elect and agree to purchase at valuation (which it is hereby agreed and declared they shall be at liberty to do on giving Two months notice in writing to express on the determination of this demise of such their wish and intention to the said parties hereto of the third part) the said parties hereto of the third part their executors administrators or assigns hindering and obstructing as little as may be by the removal and conversion of such Ore Bouse Engines implements and things as aforesaid the said parties hereto of the first part their heirs or assigns or any succeeding Tenants or Tenants Lessee or Lessees in the use and enjoyment of the said premises And the said parties hereto of the third part accept this Lease in full performance and satisfaction of all Agreements for a Lease of the said Mines and Mining Ground at any time heretofore entered into by the said parties hereto of the first part or by any Bar Master or Bar Masters for the time being of the said Manor of Hebden And the said William Sigston Winn doth hereby declare that he and the said several other persons parties hereto of the third part are the parties intended and alluded to on a certain Grant or Memorandum dated the Eleventh day of August one thousand eight hundred and fifty three and signed by one Richard Walker the then Bar Master of the said Manor of Hebden And each of them the said parties hereto of the first and second parts separately and as to and concurring his and her part share or interest only in the premises hereby demised and for and in respect only of the acts deeds and defaults of himself and herself and his and her own heirs executors administrators and assigns and of any person or persons claiming or to claim by from through under or in trust for him or her and his or her heirs and assigns and not further or otherwise Doth hereby for himself and herself and his and her heirs and assigns covenant and agree to and with the said parties hereto of the third part their executors administrators and assigns that they the said parties hereto of the third part their executors administrators and assigns well and hereby paying and rendering the said dues and duties hereby reserved upon the days or at the times and in manner above mentioned or appointed for the payment thereof and performing and keeping all and singular the covenants and agreements herein contained on their part and behalf to be paid rendered and performed according to the true intent and meaning of these presents shall and lawfully may peaceably and gently have hold use occupy possess and enjoy all and singular the premises hereby demised or intended so to be with their and every of their appurtenances and during all the said term of Twenty one years hereby granted without any lawful let suit trouble molestation interruption or ejection of from or by the said parties hereto of the first and second parts respectively or their respective heirs or assigns or any of them or by any other person or persons whomsoever claiming or to claim under or in trust for them respectively And it is hereby mutually declared and agreed upon by and between the said parties to these presents that in case any dispute or different shall happen between them or any of them or between their respective heirs executors administrators or assigns or between any one or more of them and the heirs executors or administrators of any other or others of them for about or concerning these presents or any clause covenant matter or thing hereinbefore contained or any alleged breach nonobservance or nonperformance thereof or any compensation to be made pursuant to these presents then and in such case every such dispute or difference shall be referred to the arbitration of three indifferent persons one to be chosen by each of the parties in difference within one Calendar Month after either of them shall have made to the other a requisition in writing to that effect and the third by the two persons first chosen within one calendar month after they shall have been themselves chosen and that if either of the parties in difference shall by writing require the other to refer the matter in difference to arbitration and to name an arbitrator and such other party shall for one Calendar Month after such requisition refuse or neglect to comply therewith or shall name a person who shall refuse or neglect to act it shall be lawful for the person chosen Arbitrator on behalf of the party making the requisition by writing to appoint some person or arbitrator on behalf of the other party and such arbitrators shall name a third as aforesaid and the said Arbitrators or any two of them shall determine and Award concerning the matter referred to them for arbitration and (if they see fit) require the aid and take the opinion of any Accountant Counsel or other persons and adopt such other measures as shall appear to them expedient and the parties in difference and all persons claiming under their respectively shall in all things obey and abide by and perform the Award of the aforesaid Arbitrators or any two of them so do the same be made in writing under their hands and be ready to be delivered to the parties in difference within Three Calendar Months next after the third of such Arbitrators for the time being shall have been named or within any extension of time to be made by the Arbitrators or any two of them in writing and the said reference shall continue in force notwithstanding the death of any person or party thereto whilst such reference shall be proceeding And the award shall be binding on the representatives of every person so doing and it is hereby further agreed and declared that the said parties in difference and all persons claiming under them shall be required by the said Arbitrators or any two of them attend personally and submit to be examined relative to the matters referred to Arbitration and produce to and deposit with the Arbitrators or any two of them all deeds letters papers writings and evidences relative thereto and do all other things the said Arbitrators or any two of them shall require and the expenses of the Arbitration including the compensation to be made to the Arbitrators for their trouble and the fees and compensation to be made to any Accountant Counsel or other person who may be called on as aforesaid shall be in the discretion of the Arbitrators or any two of them who shall direct by whom and to whom and in what manner the same shall be paid and shall be a liberty to direct that any of such costs and expenses shall be considered or taken and computed between Attorney and Client and not as between party and party and these presents or any reference to Arbitration under or by virtue of these presents

Page 7

May be a Rule or order of any of Her Majestys Superior Courts at Westminster according to the Statute in that case made and provided if such Court shall so please and either party shall be at liberty to apply to any of the said Courts for that purpose and to instruct Counsel to consent thereto for the other party Provided also and it is hereby further agreed by and between the said parties hereto of the first and third parts that if at the expiration of the said Term of Twenty one years hereby granted the said parties hereto of the third part their executors administrators or assigns shall be desirous of having a further or renewed Lease of the said Mines and Mining Ground and premises hereby demised for the further Term of Twenty One years from the expiration of the said Term of Twenty One years hereby granted and shall signify such their desire to the said parties hereto of the first part their respective heirs or assigns by delivering to the Bar Master of Bar Masters for the time being of the said Manor of Hebden or one of them or leaving at his or their or one of their usual place or places of abode Three Calendar Months previous notice in writing of such their desire Then and in such case the said parties hereto of the first part their respective heirs and assigns so far only as concerns and regards their respective estates shares and interests in the premises will grant unto the said parties hereto of the third part their executors administrators and assigns a further and renewed Lease of the said Mines and Mining Grounds and premises hereby demised including a right to the aforesaid One hundred tons of Coal or so much of the said One hundred tons of Coal as shall not have been consumed similar to the right in that behalf hereby granted for a further term of Twenty one years from the expiration of the said Term of Twenty one years hereby granted on the same Terms and Conditions as are herein contained or as near thereto as circumstances will permit In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first within written.

Map

This map was original on the second skin, but has been reproduced here for convenience. You should be able to use your mouse to zoom in and out and pan round the image.