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Document number: 5653
Date: Thu 01 Apr 1858
Recipient: COTTRELL George Edward
Author: TALBOT William Henry Fox
Collection: British Library, London, Manuscripts - Fox Talbot Collection
Last updated: 20th February 2012

[draft]

Cottrell

1 April Thursd 58

a formality

The follg are the terms upn wch I shd be willg to give a lease for wkg Ore to Messrs Sarl & Co or if those Genn are no longer desirs of o do not wish for it, then in that case to any other party responsble party parties

^I wd give A lease for 21 yrs of 15 acres of land at Nethermore, to be selected by the lessees, in 1 portn

I wd also reserve 10 acres more ^contigs to ye last for 3 yrs reckoning from 1 Jany 1859, & if during either of the years 1859 , 1860 or 1861, the ore raisd & sold by the lessee shd amount to 50,000 tons within the year, then I would add the aforsd 10 acres to the former lease – In the opposite case I shd be at liberty to dispose make any other use of the land otherwise I pleased. (K)

(P) the lessee to pay an agricl rent of 2 £ per ann. per acre. but only on the land occupied by him or wch has bn so occupied & is thereby unfitted for agricl purposes.

The lessee to engage to raise & sell at least 20000 tons of ore per ann. during each year –

This stipuln only to commence on the 1st Jany 1859.

A royalty of 1/6 per ton to be paid on the first 20000 tons raisd ^& sold in each year. If hereafter smeltg fnaces are establd on my land near the canal, the royalty on all ore sold to those smeltg fnaces to be 1/6 per ton. The accts of ^all such furnace ore to shall be kept separately, & not considd as part & parcel of the 20000 tons mentd above, as liable to a royalty of 1/6 per ton. (Q) If hereafter

(K) I wd also lease a narrow strip of land extendg from Nethermore, down to the W. & B. canal, wide enough for a double tramway, except for about 1 furlong ^on the top of B Hill, where it wd be only wide enough for a single tramway – The lessee to lay down this tramway to the Canal at his own expense – & also to keep it in repair and to make 2 bridges of communicn over the incline for the farmers waggons if necessary. further bridges if wanted to be providd by the landlord.

The lessee not to convey upon this tramway ore belonging to any other proprietor, unless wth the written consent of the lessor, wch wd be the subject of a septe agreemt

I wd also lease a small portn of land on the bank of the canal for the purpose of digging a basin, if the canal compy consent. (P) The lessee

(Q) If hereafter I shd lay down a tramway ^(M) from the terminus of the lessee’s works near the canal, to the Gt Western Railway, the lessee to engage to with a siding on the railway, not far fm ye point where the sd rlway is crossed by the high road fm Lacock to Corsham

the lessee to shall engage to use it and send by transport by it ^at his own cost all the ore wch is going to Wales Staffdsh. or any or place except places sitd on the banks of the Canal – and the lessee to pay a toll of 1/ per ton for the use of such tramwy. The tramwy to be kept in repair by the lessor – (N)

But nothg herein containd shall render it obligy on the lessor to construct such tramway ^ as is here mentd if Unexpected obstacles are found, or if in his judgt it wd be too difficult or expensive. ^and the lessee is not to assign the lease wthout the lessor’s consent.

I shd be glad of an ansr fm Messrs Sarl to this proposal, at their earliest convence.

(N) if leave is refused, by the road trustees to lay this tramway across the turnp. road fm Lacock to Chippm it shall be suffict where it meets that road on a level, it shall be sufft for the lessor to pave 5 yards of that road, for the easy passage of the trucks of ore.

(M) good well and suffictly made ^& in all respects suitable to be worked by horses power

[on new sheet]

Cottrell 1 Apr. 58 Thursd.

I understd yr meang t be that y considr Messrs Sarl & Co t have a prior claim to the acceptce or refusal of my terms & that y do not wish t stand in their way in any respect. I have [illegible] succinctly drawn out a statmt of the terms, & enclose it herewith

[expanded version:]

Cottrell

1 April Thursday 1858

a formality

The following are the terms upon which I should be willing to give a lease for working Ore to Messrs Sarl & Co <1> or if those Gentlemen are no longer desirous of o do not wish for it, then in that case to any other party responsible party parties

I would give a lease for twenty-one years for fifteen acres of land at Nethermore, <2> to be selected by the lessees, in one portion.

I would also reserve ten acres more contiguous to the last for three years reckoning from 1 January 1859, and if during either of the years 1859 , 1860 or 1861, the ore raised and sold by the lessee should amount to 50,000 tons within the year, then I would add the aforesaid ten acres to the former lease – In the opposite case I should be at liberty to dispose make any other use of the land otherwise I pleased. I would also lease a narrow strip of land extending from Nethermore, down to the Wiltshire and Berkshire canal, wide enough for a double tramway, except for about one furlong on the top of Bowden Hill, <3> where it would be only wide enough for a single tramway – The lessee to lay down this tramway to the Canal at his own expense – and also to keep it in repair and to make two bridges of communication over the incline for the farmers waggons if necessary. further bridges if wanted to be provided by the landlord.

The lessee not to convey upon this tramway ore belonging to any other proprietor, unless with the written consent of the lessor, which would be the subject of a separate agreement.

I would also lease a small portion of land on the bank of the canal for the purpose of digging a basin, if the canal company consent. The lessee to pay an agricultural rent of two pounds per annum per acre, but only on the land occupied by him or which has been so occupied and is thereby unfitted for agricultural purposes. The lessee to engage to raise and sell at least 20,000 tons of ore per annum during each year – This stipulation only to commence on the 1st January 1859.

A royalty of one shilling six pence per ton to be paid on the first 20,000 tons raised and sold in each year. If hereafter smelting furnaces are established on my land near the canal, the royalty on all ore sold to those smelting furnaces to be one shilling six pence per ton. The accounts of all such furnace ore to shall be kept separately, and not considered as part and parcel of the 20,000 tons mentioned above, as liable to a royalty of one shilling six pence per ton.

The lessee to shall engage to use it and send by transport by it at his own cost all the ore which is going to Wales, Staffordshire or any other place except places situated on the banks of the Canal – and the lessee to pay a toll of one shilling per ton for the use of such tramway. The tramway to be kept in repair by the lessor – such tramway to be a single tramway with sidings at intervals to allow of passing trains trucks passing each other. If leave is refused, by the road trustees to lay this tramway across the turnpike road from Lacock to Chippenham it shall be sufficient where it meets that road on a level, it shall be sufficient for the lessor to pave five yards of that road, for the easy passage of the trucks of ore. If hereafter I should lay down a tramway good well and sufficiently made and in all respects suitable to be worked by horses power from the terminus of the lessee’s works near the canal, to the Great Western Railway, the lessee to engage to with a siding on the railway, not far from the point where the said railway is crossed by the high road from Lacock to Corsham.

But nothing herein containd shall render it obligatory on the lessor to construct such tramway as is here mentioned if unexpected obstacles are found, or if in his judgement it would be too difficult or expensive and the lessee is not to assign the lease without the lessor’s consent.

I should be glad of an answer from Messrs Sarl to this proposal, at their earliest convenience.


Notes:

1. Sarl & Company, London.

2. Nethermore Farm and Wood, Lacock, Wiltshire

3. Bowden Hill, Wiltshire, 1 mi SE of Lacock

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