Mallsmire Firebrick Works, Polmadie, Glasgow.

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Below  – 1858 – Mallsmire Firebrick Works.

24/11/1869 – Glasgow Herald – Court of Session – Allan and Mann V Dixon’s Trustees.

The pursuers in this action are tenants under the defenders of the Mallsmyre Fire-Brick Works, near Glasgow, and the questions raised are of considerable importance with reference to the interpretation of leases. By the lease between the parties, the defenders bound themselves “from time to time, as required by the tenants, to deliver to them at the Mallsmyre Works” fireclay, coals, and dross; and, on the other hand, the tenants were bound to deliver to the landlords “at Mallsmyre” such ground fireclay and firebricks as they might require for their works. It was further stipulated that the tenants should “have the use gratis of the private railways and other roads between the several Govan works and Mallsmyre” belonging to the landlords, and that the landlords should “give the haulage on such private railways gratis, but not on private roads,” These private railways extend to the various points within the work where the fireclay, coals, & were required for use, so that the waggons could be taken to emptied at the various places in the works where their contents were required; and in order to this being done from time to time, as required by the progress of the work, a man and horse were kept constantly in attendance by the landlords to do the necessary haulage down till June, 1868, when they were withdrawn, on the ground that the obligations in the lease to deliver fireclay, &c., at Mallsmyre were implemented by bringing the waggons merely inside the boundary of the works, and that, consequently, they were not bound to do any haulage a within the works, and that any practice which had, existed to the contrary had resulted from one of the tenants being also the manager at Govan Colliery, belonging to the landlords, and having in that capacity, without their knowledge and consent, afforded to the firm of which he was a partner this advantage, to which they had no right under the provisions of the lease. This being denied by the tenants, the present action was raised to have the terms of the lease judicially declared, and for damages for its breach. Proof having been led, the Lord Ordinary (Barcaple), before whom it was taken, has pronounced the following interlocutor – Edinburgh, 19th November, 1869. -The Lord Ordinary having heard counsel for the parties, and considered the closed record and proof – Finds that the pursuers are in right as tenants to the lease founded on, and repels the first plea in law stated for the defenders: Finds that until June, 1868, the practice under said lease in regard to the matters which are the subject of declarator in this action has all along been In conformity with the construction of the lease contended for by the pursuers: Finds that there is no ground for holding that said ‘practice was surreptitious, or in any way concealed from the lessor or lessors, or those acting for them: Finds that according to the sound construction of the third, sixth, and eighth articles of the said lease the  defenders, as now in right of the landlord’s part of said lease, are liable in the several obligations sought to be declared in the declaratory conclusions of the libel: Finds that since June, 1868, the defenders have failed to fulfil said obligations, and that the pursuers have thereby been put to an expense of 8s per day for six days every week, being at the rate of £124 16s per annum: -Finds, decerns and declares, and decerns and ordains, in terms of the whole conclusions of the libel, except the last conclusion; and under said last conclusion, decerns and ordains the defenders to make payment to the pursuers at the rate of £124 16s sterling per , annum, from and after the 30th day of June, 1868, during the remainder of the currency of the foresaid lease, or at least until the defenders discharge the foresaid obligations set forth in the declaratory conclusions of the summons incumbent on them under the same: Finds the defenders liable in expenses, allows an account thereof to be given in, and when lodged remits the same to the auditor to tax and report. (Signed) E. F. Maitland. Note,-The practice is clearly proved to have been as contended for by the pursuers. It was only brought , to an end in consequence of the witness Logan, when, he became manager of the defenders’ works at Govan, taking a different view of the construction of the lease.- The Lord Ordinary seen no reason whatever to think that there was any concealment or want of fair and open dealing in regard to this practice. It is true that Archibald Russell Allan, one of the pursuers, was manager at Govan Works, as well as a tenant of Mallsmyre Brick Works, as his father had formerly been. But this very circumstance may, have been a reason for giving the tenants the accommodations in question, a return for them being got in the rent, The mode in which the horse-work in n question was treated in the books of the Govan Colliery, as work of the colliery, was perfectly correct, if the construction of the lease contended for by the pursuers is right. Altogether apart from the evidence as to practice, the Lord Ordinary has no hesitation in holding that to be the sound construction of the lease, he thinks that any other construction would make the clauses in question unintelligible. This would especially be a the case with the provision in the third article, that “the clay is to be lifted from the stock of dug clay at Mallsmyre, and put into the waggons there by and at the expense of the tenants,” if the entire transit from the stock of dug clay to the mills is to be effected by and at the expense of the tenants. The subjects let are “the Fire Brick Works.” It appears from both the plan produced and the evidence that they have no distinct – boundaries, which favours the view that delivery was intended to be given at the buildings where the various materials are to be used.

14/11/1877 – Loyd’s List – Scotch Sequestrations – James Aitken, Builder and brickmaker, Mallsmire Brick Works, Polmadie, Glasgow.

Below – 1888  –  Mallsmire Firebrick Works plus numerous neighbouring brickfields?

1890 – 1891 – McIlwraith & Fullarton– Fireclay Manufacturers, Mallsmire brick works, Polmadie, Glasgow 

Mcllwraith, James (of Mcllwraith & Fullarton), ho. Turnberry, Cardonald, Govan.

Mcllwraith & Fullarton, enamellers, Mallsmire Firebrick Works, Polmadie.

09/02/1892 – Glasgow Evening Post – Accident to a Steeple jack at Polmadie. William Hughes…was engaged in repairing a stalk in the Malsmire brickworks, Polmadie when he overbalanced and fell through the tile roof of a shed…….little hopes are entertained of his recovery.

1893 – 1894 – Jas McIlwraith & Co, Mallsmire Brick Works Polmadie, Glasgow

1895 – 1896  – Thomson, Wm., brickmaker, Crossbank Brick and Tile Works, 685 Aikenhead road, and Mallsmire  Fire Brick Works, Polmadie ; house, 33 Queen sq.,Strathbungo.

1900 – 1901 –  Thomson, Wm., brickmaker, Crossbank Brick and Tile Works, 686 Aikenhead road, and Mallsmire  Fire Brick Works, Polmadie ; house, 33 Queen sq.,Strathbungo.

1907 – Alexander Thomson & Son – Brickmaker, Mallsmire, Aitkenhead Road,  Polmadie and 100 Abbotsford Place.

26/08/1916 – Hamilton Advertiser – Shirlaw Allan & Co, Auctioneers and Valuators, Hamilton will sell by auction on an early day – At Crossbank and Mallsmire Brick Works, Polmadie, Glasgow. Plant, machinery and buildings.

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