Extracts from the Bill of Sale of Thornley & Ludworth Collieries pertaining to Wheatley Hill dated 31^st October 1865

 A lease, dated 26^th December, 1837, from Thomas Wilkinson, Esquire, to Sir William Chaytor, Baronet, John Gully, Roland Webster, John Wood, Thomas Wood, and John Burrell (who, and their executors, administrators, and assigns, are therein called the said Lessees) of the mines and seams of coal under lands of the said Thomas Wilkinson in Wingate, Wheatley Hill, and Deaf Hill, in the township of Wingate, or elsewhere, in the parish of Kelloe, containing together by estimation 1,400 acres or thereabouts, with liberty to make and use outstrokes, instrokes, drifts, or other communications into or from any other coal mines belonging to , or then or thereafter to be held, worked, possessed, or enjoyed by the said lessees, or the co-partners for the time being in the Thornley Coal Company, and by means thereof to win and work and bring to bank coals, from such coal-mines at the pits or shafts of the demised mines, such power of outstroke and instroke being subject to the restrictions and qualifications therein mentioned. The lease also contains powers of wayleave, and power to erect houses and other buildings, for the purposes of the demised mines. Habendum to the said lessees, for the term of 42 years, from the 23^rd of November, 1830, paying during the first 31 years, the certain and tentale rents therein-mentioned, and for the residue of the term, the yearly certain rent of £1,001 half-yearly, on the 13^th of May and the 23^rd of November, for an equivalent quantity of coals, except coals thereafter exempted from rent, to be wrought, led away, and sold, from and out of the demised mines, at the rate of £1 15s. per ten, and half that rate for small coals (being such as shall have passed through a screen, the bars whereof are not more than three-eights of an inch asunder), the ten to consist of 18 chaldrons, of 53cwt. each, and the like tentale rents to be paid for over leadings. The first 10 years of the term, and afterwards each succeeding period of six years, are allowed for making up short leadings, but the overleadings in any year are not to come in aid of subsequent shorts. A fair proportion of coals allowed rent free for colliery consumption, each tenant farmer and occupier of said Thomas Wilkinson’s lands, to be permitted yearly to take away from the pits of the demised mines, or from any pits of the lessees, at which the demised coals shall be brought to bank, 15 fothers of unscreened best coals, paying 2s. per fother for the same, such coals also to be rent free. The said lessees also to pay such further sum per ten as shall be settled by arbitration, for outstroke or barrier rent, and drift watercourse and aircourse rent, in respect of coals wrought out of mines belonging to the lessees or the co-partners, in the Thornley Coal Company, by means of such outstrokes, instrokes, or communications as aforesaid, or wrought out of such mines as aforesaid, as shall be drained and won, and be made or rendered workable, and be accordingly worked by any engine or pit of the demised mines, sunk in the said Thomas Wilkinson’s lands, or by means of any drift, watercourse, or aircourse, communicating with any such pit, and such further sum per ten as shall be settled by arbitration for shaft rent, in respect of any such coals as aforesaid that may be brought to bank, at or by means of a pit on the said Thomas Wilkinson’s lands, and such further sum as shall be settled by arbitration for wayleave rent, in respect of any such coals as aforesaid brought to bank on the said Thomas Wilkinson’s lands, and there left or deposited or carried away; all the said tentale rents to be payable yearly on the 23^rd November. The lease contains power of re-entry, in case rents be 40 days in arrear, or in case of assignment or sub-letting, without previous license or consent in writing of the said Thomas Wilkinson, his heirs or assigns, and power of distress, in case rents be 60 days in arrear.

Barriers 50 yards in width to be left in each seam next adjoining mines.

Also a covenant by the lessees to pay double rent, or double the yearly value of land damaged or occupied for the purposes of the lease, and to pay satisfaction (to be settled by arbitration) for damage to houses, farm, or fold yards, or other erections; and at the termination of the lease, if reasonably practicable, and if thereunto required by the said Thomas Wilkinson, his heirs, or assigns, or his or their agent, or colliery viewer, to level and make fit for ploughing all such pits of the said lands as shall have been damaged or spoilt; and when that cannot be effected, as where engines or other machinery shall have been erected, or where cuts or batteries shall have been made, to pay the value of the fee simple of the injured lands or treble damage for the same from the taking possession thereof, such value to be ascertained by arbitration; and a proviso that at the termination of the lease the said Thomas Wilkinson, his heirs, or assigns, or his or their tenant or lessee, shall have the option of purchasing the lessees’ stock at valuation. The lessees to have power to surrender the lease at the expiration of the first 12 years, or of any third year afterwards, on giving 12 calendar months’ notice; and if they shall then pay all the rents and arrears of rent, and sum and sums of money then due, and level all such cuts, batteries, and heap-steads, and restore all such lands as are required by the said Thomas Wilkinson, his heirs, or assigns, which shall have been damaged or spoilt, and perform the several covenants and agreements therein contained on their parts, which, according to the true intent and meaning of the lease, ought then to be paid, performed, and fulfilled respectively. The coal under the Deaf Hill Estate comprised in the above lease, estimated to contain about 400 acres, exclusive of barriers, has with the license of the lessor, been disposed of to the Trimdon Coal Company, who pay the whole certain rent reserved by the lease – the Thornley Company paying only the tentale rents on the coals vended by themselves out of Wingate or Wheatley Hill.

In September 1863 a communication by letter was made by Mr.Wood, one of the Vendors, to Mr. George Wilkinson, one of the representatives of Mr. Thomas Wilkinson, as to the terms on which a renewed lease would be granted to the Thornley Coal Company. The correspondence which ensued, containing the terms on which Mr. Wilkinson proposed to renew the lease may be seen by an intending purchaser, on application to the Solicitors of the parties above-named.

In 1861 the Vendors caused a borehole to be put down in the Wheatley Hill Estate, and the strata bored through proved most favourable for sinking a new pit.

The following is an account showing the strata bored through: -

A railway has been laid up to the borehole from Thornley, and will be of great advantage to a purchaser in the winning or sinking of the proposed new pit as all materials may be carried by it and railway dues avoided.

A lease, dated 19^th November, 1842, from Ralph Harry Gowland, William James Gowland, Emily Gowland, and Louisa Gowland (who and their heirs and assigns are thereinafter called “the said lessors”) and Sir William Chaytor, Baronet, John Gully, Roland Webster, Thomas Wood, John Wood, and John Burrell, who, and their executors, administrators, and assigns, are therein called “ the said lessees ” of the mines and seams of coal under the lessors’ lands at Greenhills, in the township of Wingate and parish of Kelloe, containing by estimation 218 acres or thereabouts, with liberty for the said lessees to make and use outstrokes, instrokes, drifts, and other communications into or from any other coal mines belonging  or to belong to, or then or thereafter to be held worked, possessed, or enjoyed by the said lessees, or the co-partners for the time being, in the Thornley Coal Company, within and under any lands immediately adjoining to the said lands under which the said demised mines lie, for bringing  under ground the coals wrought out of such adjoining mines into the demised mines, or the shafts or workings thereof; and to lead and draw the same coal to bank at any of the pits of the said lessees to be sunk in the lands or grounds thereinbefore described, such power of outstroke being subject to the restrictions and qualifications therein mentioned. The lease also contains power of way leave and power to erect houses and other buildings, for the purposes of the demised mines. Habendum to the said lessees, for the term of 42 years, from the 23^rd of November, 1837, paying during the said term the yearly certain rent of £150 half yearly on the 13^th of May and the 23^rd of November, for an equivalent quantity of coals (except coals exempted from rent) to be wrought, led away, and sold, from and out of the demised mines, at the rate of £1 per ten for round coals, and 10s for small coals, being such as shall have passed through a screen, the bars whereof are not more than half an inch asunder, the ten to consist of 18 1/3 chaldrons, of 53cwt each; overleadings to be paid for at the rate of 22s 6d. per ten, and half that rate for small coals. The whole term allowed for making up shorts, but the overleadings in any year not to come in aid of any subsequent shorts, and also paying the further sum of 2s. 6d. pen ten as outstroke or barrier rent, and drift, watercourse, aircourse rent for coals wrought out of adjoining or contiguous mines by means of such outstroke, instroke, or communications as aforesaid, and brought to bank by means of a pit sunk in the lands aforesaid; and for coals wrought out of adjoining or contiguous mines, which shall be drained, and won, and be accordingly worked by means of or at any engine or pit belonging to the demised mines, and sunk into the lands of the said lessors, or by means of any drift, watercourse, or aircourse, made in or communicating with such pit, and also paying the further sum of 2s. 6d. per ten as shaft-rent for all coals wrought from adjoining or contiguous mines by means of any such outstrokes, instrokes, or other communications as aforesaid, and brought to bank by means of a pit sunk in the lands aforesaid; and the further rent or sum of 2s. 6d. per ten as way-leave rent for coals wrought by such outstrokes, instrokes, or communications as aforesaid from adjoining or contiguous mines, and brought to bank on the lands aforesaid, and there left or deposited, or led or carried away over such lands. All the aforesaid tentale rents to be paid yearly, on the 23^rd November. The lease contains power for the lessees to take not exceeding a due proportion of coals, rent free, for bona-fide colliery consumption; a power of re-entry in case rents be in arrears for 40 days, and a power of distress in case rents be in arrear for 60 days; but no restraint on alienation. Covenants by the lessees to pay compensation for damage or spoil of ground at the rate of double rent if the ground be let, or if not let, or in case of damage to houses, then such compensation as shall be settled by arbitration. To preserve a barrier of not less than 30 yards next adjoining mines; and at the termination of the lease, so far as practicable, and if thereunto required by the lessors or their colliery viewer or agent, to fill up pits and make fit for ploughing land damaged; and where that may not be practicable, then to pay the fee-simple value of the land to the lessors, who shall nevertheless retain the ownership thereof; power for the lessors, or their next succeeding tenant or lessee, to purchase the lessees’ stock at a valuation; power for the lessees to surrender the lease at the end of the fourth or any following year of the term, if they shall give 12 calendar months’ previous notice in writing; and if they shall at the end of the year mentioned in such notice pay and discharge all rents and arrears of rent, and sum and sums of money which shall be then due and not paid, and also fill up all pits and level all such cuts, batteries, heapsteads, and restore all such lands, as far as the same may be practicable, as thereinbefore mentioned, as shall have been damaged or spoiled by the working of the said demised coal mines, and perform and fulfil the several covenants and agreements therein contained on their parts which, according to the true intent and meaning of the same lease ought then to be paid, performed, and fulfilled respectively. The shorts under this lease will amount to £4,203 on the 23^rd of November 1865.

CONDITIONS OF SALE

VI. – The Vendors are tenants by parol agreement under Messrs. Wilkinson, of the Wheatley Hill Farm, containing about 436a. 0r. 28p., for a term of 21 years, from May, 1864, at the rent of £215 13s. 7d., and such tenancy shall be transferred to the Purchaser on the said 15^th day of January, 1866, if he shall then have paid the amount of the valuations hereinafter mentioned, upon and subject to the terms of such agreement; and as to any matters not provided for by the agreement, upon and subject to the terms and arrangements between outgoing and incoming tenants, customary in the County of Durham, but the Vendors shall not be required to furnish any other evidence of title to the said premises than such as may be in their own possession. The Vendors are also tenants from year to year, under Mr. Spearman’s representatives of the Thornley Hall Farm, at a rent of £250 per annum, and the Purchaser (if at the time of sale he declare his option to take such farm) shall have the tenancy thereof transferred to him on the said 15^th day of January, 1866, if he shall then have paid the amount of the said valuation, and subject to the terms and arrangements between outgoing and incoming tenants, customary in the County of Durham.

VII. – The Purchaser will take as included in his bidding, all the dead stock, plant, and effects of the collieries particularised in the first part of the schedule referred to in the Particulars, which will be delivered up to the Purchaser in fair workable condition. The Purchaser shall take all the other stock of the Collieries particularised in the second part of the said schedule; and also all the coals resting at the several pits at the time of taking possession, and also all the farming stock upon the Wheatley Hill Farm, and (if he shall elect to become tenant thereof) upon the Thornley Hall Farm, including the growing crops (if any) subject as to the stock mentioned in the second part of the said schedule, and to the farming stock and crops to any diminution or increase of such colliery stock and farming stock and crops respectively occasioned by carrying on the colliery and farms in the meantime at a valuation to be made in manner following, that is to say – Each party (Vendors and Purchaser) or respective solicitors, is within seven days after the certificate has become binding to appoint by writing one valuer and give notice in writing to the other party of such appointment, and the valuers so appointed are to make such valuation within one month or such other time as shall be ordered by the said Judge; but before they commence their duty they are to appoint an umpire by writing, and the decision of such valuers (if they agree) or of such umpire (if they disagree) is to be final; and in case the Purchaser shall neglect or refuse to appoint a valuer and give notice thereof in the manner and within the time above-mentioned, the valuation is to be made by the valuer appointed by the Vendors alone, and his valuation is to be final; and if from any cause whatever the valuation as above provided for shall not take effect, such resting coals, colliery stock, farming stock and other particulars as by this Condition are required to be valued, shall be taken at a fair valuation to be ascertained by the Court in this suit the expense of which valuation is to be borne in equal shares by the Vendor and Purchaser.

XVII. – The Particulars contain a statement that Mr. Wilkinson has offered to renew his lease to the Company, and no further step has since been taken in the matter, and the Purchaser shall stand in the place of the Company, and have the benefit of the negotiations referred to in the Particulars for a renewal of the lease, and if such negotiations amount to a contract, will have the benefit of the contract, but the Company are not to be required to give any other right to the Purchaser than such as they may have under the circumstances stated in the correspondence referred to in the Particulars.

XXIII. – The Purchaser shall in the deed or deeds of conveyance or assignment, or (at the option and expense of the Vendors) by a separate deed or deeds covenant to indemnify the Vendors and other the persons (if any) liable thereto, or affected thereby against all rents, annuities, and other payments mentioned or referred to in the abstract of title or Particulars, and the covenants, conditions, and stipulations contained in the several leases and agreements, as also against the contracts, arrangements, articles, and agreements mentioned in the 21^st Condition, and also against the rent and all the tenant’s liabilities and obligations in respect of the said Wheatley Hill Farm and (if the same shall be taken by the Purchaser) the said Thornley Hall Farm.