Journal entry – John Grey – 5 Nov 1833

Tuesday 5th November



I have a letter from Mr Pringle promising to pay up his rents during the present month - and shall write to inform Johnson of the Boards determination not to allow quarrels existing between tenants to be any ground for their withholding their rents.  In this instance Johnson seems to be placed in rather an anomalous situation.  He is bound as Colliery Lessee to supply certain tenants Coals for burning Lime at such prices as shall be fixed by the Hospital’s Receiver as the cost price of raising them.  He cannot therefore secure  himself by demanding payment upon delivery of the article, as in other cases.  The Account runs on to the amount of £300 & then Mr Thomson objects to the prices fixed by Mr Fenwick.  Johnson seems to have no remedy at law as Mr Fenwicks decision is not made in virtue of a submission deed, or at any rate his remedy in that way would be by a difficult and protracted course.  Supposing that in the meantime the tenant has become insolvent.  The Lessee would then have incurred the loss of his debt in consequence of the nature of his agreement & not by any neglect or mismanagement on his part.   It would perhaps have been a safer arrangement that the prices should have been fixed from the beginning, so as to preclude all disputes or that the tenants should have been left to buy their Lime at Johnson’s sale Kilns, or to bargain with him for small Coals as they found it best.  There is another Colliery equally near to Mr Thomson as Johnsons & either of these can supply abundance of small Coal for such a purpose on very low terms, & it could hardly be contemplated that Johnson was to give his best fire Coals for burning Lime at the same price as the worst.  The interference of the Commissioners seems necessary in the present instance, to put an end to the unpleasant contention, and I see no means of doing it so fairly & effectually as by their informing Mr Thomson that the matter having been referred to Mr Fenwick, with the documents necessary for his calculations, they cannot allow his decision to be called in question.  While on the subject of Collieries I must take the liberty to observe that it will be necessary that some one conversant in such matters, should act as a Check Viewer & visit the different Coal Mines on the Hospitals Estates once a year at least regularly & oftener, in case of emergency.  I think Mr Hooper was of opinion that Mr Fenwick was becoming too old & was otherwise too much occupied to hold the situation & that some one might be found adequate to the task who not being employed in the very extensive concerns on the Tyne would be satisfied with a moderate Salary or an allowance per day, when his services should be required.  I have hitherto received no instructions on this head, but as it will be necessary soon, to put down a new pit at Stublick & to arrange the general management of the mine, I  beg leave to submit to the Board that if Mr Fenwicks services are to be dispensed with, he had better be settled with, and a suitable person selected to view the mines.  Having aquaintance of many persons connected with Collieries on the Tyne & Wear, I could easily obtain information of some one to recommend to the Commissioners.



The morning being very wet, was engaged in arrangements for the rent days in Alston and elsewhere, also in preparing various notices to parties to quit at May day, which must be served this week. When the rain ceased went to the embankments.  Mr Hunt is busily occupied in measuring off draining & fencing previous to the rent days.