Journal Entry – William Hooper – 12 Apr 1833

Friday April 12th 1833



Visited the several farms etc. at Scremerston.  Mr Thomson of the Town & Moor Farms wished some repairs to a Cottage, and also to lead water from the pump to a trough placed in a convenient situation for Cattle to drink – He is also very desirous to have a Hen-house built.  He had a long unsettled account for Draining, amounting to £115.1.0, which is now all completed, and he will require no more for the residue of his Lease – Looking at the magnitude and excellent state of his farms, and the amount of his rent, it was impossible to cavil at any part of this outlay; and being satisfied of the draining being all well and properly executed, I promised to settle the draining-account, and to take the other matters into consideration when he had ascertained the expense necessary to do them.  Mr Thomson had a long disputed account with the Lessees of the Colliery as to the price to be paid for Lime Kiln Coals, and I appointed to meet him and Major Johnson with Mr Fenwick, at eleven the next morning at Berwick to endeavour to adjust it.



Mr Hogarth of Inland Pasture Farm expressed his regret that he had not been able to send me the arrear of £255.10.0, nor could he pay it to me on this occasion, owing to a severe loss he had sustained by the failure of his Brother, but that I might depend on receiving it in July next, if I would now be satisfied with the half-years rent, to which I at once acceded; the circumstances, and the respectability of the Man left no alternative.  Mr Hogarth also spoke to me on the disputed price of the Lime-Kiln Coals, desiring to be governed by the decision in Mr Thomson’s case.



On visiting Mr Pringle of Borewell Farm, I arranged with him to meet me at six in the evening at Berwick, to endeavour to settle his disputed and long outstanding claims, on the Lessees of the Colliery, and to bring a friend with him to discuss the matter with Major Johnson.



This arrangement was in consequence of my having required of him that no angry words, or improper expressions towards Major Johnson should be used, and his declaration that he believed it wholly impossible for him to refrain.



Mr Pringle was very urgent in calling my attention to the injury done him by the Tweed Fisheries bill, with a desire that some opportunity should be taken to remedy the objectionable clauses, which Mr Bicknell had informed him might be easily done.  It appeared to me, however, that the difficulties were greater, and that the advantages of obtaining the alteration much more questionable than Mr Pringle anticipates, I called again at Borewell on the Saturday intending to inspect the line of the fishery, and to obtain his explanation on the spot, but he was from home, and I desired that he would communicate to me the particulars, which I would submit to the Board on my return to London, and also consult Mr Bicknell respecting it, tho’ I doubted if anything could be done etc.



After visiting Major Johnson and appointing six o’clock as the hour of meeting, I proceeded to Berwick, and transacted business with Mr Fenwick and Mr Weatherly, both of whom I had appointed to meet me there, that I might have all needful information on the several matters I had to settle there.



Wrote to request an interview with some of the Berwick Pier Commissioners, or their Solicitor, relative to the Pier Railway.



At the hour appointed I had the contending parties assembled, and having well examined the covenants of each, which I may observe are of the most loose and negligent character, I stated my views of what would be the just and equitable mode of settling the matter in dispute; and after three hours wearying discussion, in removing or over ruling sundry objections and difficulties, I was enabled to send for a Solicitor, and give him Instructions to prepare a Bond of Submission, binding both parties to the decision of an Award to be determined by Mr Scott of Beal, in behalf of Mr Pringle, and Mr Jobson of Chillingham Newtown, for Major Johnson, and a third person to be mutually agreed upon by the two named.



The third person to be named and indorsed upon the Bond by the other two, within fourteen days, and the Award to be given within two months, with power of extension for three months longer, should the Arbitrators make a joint request to that effect, but then to be finally settled, under the penalty of five hundred Pound, from the Party in default.  Each principal binding himself for his nominee, and the Award to determine upon whom the expenses of the Bond etc. should fall.



It was a great relief to me to arrive at this settlement, for owing to the neglect of not reserving the right of way-leave for the Colliery, in the Covenant of Pringle’s Lease, he has a claim upon the Hospital for all the damages, and I was aware that Pringle had taken Lownds opinion on the subject – in future leases of the Colliery, and of Borewell farm, this cannot be too carefully guarded against.