Minute of Sublease between James Ross and Company, Philpstoun Oil Works Limited and George Gray

code: 129017

Collection code:
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Minute of Sublease between James Ross and Company, Philpstoun Oil Works Limited and George Gray: Parts of Farm of West Philpstoun. Dated 17th August 1922.

Includes plan entitled 'Part of West Philipstoun farm, scale 1" to 100'. Plan shows individual fiels and acreage of each, areas occupied by works and also area occupied by the spent shale heap. Legal: Boyds, Miller and Thompson, Solicitors, Glasgow.

Terminated 129017 1/17

Minute of Sublease


James Ross & Co. Shepstoun

Oil Works Limited


George Gray


Parts of Farm of West Philpstoun

Duration – 14 years from

Martinmas 1921

Rent - £25:9:9 per


Boyds, Miller & Thompson

Solicitors Glasgow

[page 1]


Minute of Lease between James Ross & Company, Phelpstoun Oil Works Limited incorporated under the Companies Acts and having their Registered Office at fifty three Bothwell Street, Glasgow (hereinafter referred to as “the Oil Company”) of the first part, and George Gray, farmer, West Phelpstoun, West Lothian (hereinafter referred to as “the Tenant”) of the second part.

Whereas the Oil Company have arranged to lease from the Most Honorable Victor Alexander John, Marquess of Linlithgow, And Whereas the Oil Company are tenants of the other subjects hereinafter referred to; And Whereas the tenant has agreed to become the sub-tenant of the Oil Company in the subjects hereinafter let on the terms and conditions hereinafter written, which is proper should be extended to writing. Therefore the parties have agreed and do hereby covenant and agree with each other as follows, videlicet:-

First. The Oil Company in consideration of the rent and other prestations after stipulated and under the reservations provisions and conditions after mentioned have let and do hereby let to the said George Gray and his heirs (the eldest heir female[?] in the case of heirs, portioners[?] succeeding exclusively,) but expressly excluding assignees, whether legal or conventional of the tenant of every description, and creditors and trustees for Creditors unless with the special written consent of the Oil Company and of the said Marquis of Linlithgow All and Whole (a) that part of the Farm of West Philpstoun in the Parish of Abercorn and County of Linlithgow extending to ten acres and twenty one decimals or one thousandth parts of an acre imperial measure or thereby shown on the plan annexed and subscribed as relative hereto and (b) the park to the north of the North British Railway and West of Philpstoun mill also part of the said farm of West Philpstoun extending to nine acres and twenty five decimal or one hundredth parts of an acre Imperial Measure or thereby also shown on the said plan, (which extents are not however guaranteed) and that for the period of fourteen years from and after the term of Martinmas, nineteen hundred and twenty one, notwithstanding the date hereof.

Second./ [signed] J. Douglas Stewart Director

  • [signed] George Gray [signed] W. Fraser Director [signed] R. W. Meikle Secretary

[page 2]

—Page Second—

Second. The Tenant binds himself and his heirs, executors and representatives whomsoever all jointly and severally without the benefit of discussion, to make payment to the Oil Company or their successors or their Factors for the time being of a rent of Twenty five pounds and nine pence is applicable to the subjects hereinbefore described (a) and Seven pounds is applicable to the subjects hereinbefore described (b) payable by equal moieties at the terms of Whitsunday and Martinmas during each year of the Lease, the first moiety namely Twelve pounds ten shillings and four pence half penny Sterling being payable at the term of Whitsunday nineteen hundred and twenty two and the second moiety namely Twelve pounds, ten shillings and four pence half penny being payable at the term of Martinmas nineteen hundred and twenty two, and so forth during each year of the Lease with a fifth part more of each term’s rent of liquidate penalty in case of failure in the punctual payment of said rent from the Time the same becomes due until paid.

Third. The Tenant binds himself to insure the Stock and crops on the Farm annually to the extent of two years rent; and to have the Farm at all time properly and sufficiently stocked ; The Oil Company shall be under no obligation to erect any buildings on theLands hereby let or to make the lands hereby let or any buildings thereon suitable for Dairying purposes.

Fourth. The Tenant binds himself to pay and so free and relieve the Oil Company of all public parochial and other rates and taxes or burdens which may be payable by the Oil Company as principal Tenant of the Subjects hereby let but that So far only as the same are applicable and relate to said rent of Twenty five pounds and nine pence per annum before provided for or the rent for the Time being the Tenant is paying under these presents. The Oil Company shall remain liable to pay the rates and taxes applicable to any higher rent payable from time to time under their principal leases.

Fifth./ [signed] J. Douglas Stewart Director

  • [signed] George Gray [signed] W. Fraser Director [signed] R. W. Meikle Secretary

[page 3]

—Page Third—

Fifth. The Oil Company shall be entitled to resume at any Time and from time to time and for any purpose whatever and without notice any part or parts of the lands hereby let subject only to allowing the tenant a deduction from the annual rental before provided for at the rate of One pound five shillings per Imperial Acre for ground so resumed by the Oil Company which deduction shall include all claims of every kind and description which the tenant may have in connection with the ground so resumed except that the Oil Company will pay him for (a) the unexhausted improvements in the ground so resumed and (b) the value of any crop or seeds in or upon any ground so resumed as aforesaid as such value may failing agreement be ascertained by arbitration and where such compensation is paid, the Tenant shall as far as possible refrain from cropping ground which is likely to be resumed by the Oil Company and he shall consult with the Oil Company, if need be, as to any ground which he proposes to crop and which may be possibly required in connection with the Oil Company’s operations.

Sixth. The tenant acknowledges that during such times as he may occupy the said parts of said farm he shall have no claims of any kind or description against the Oil Company or any of the Companies engaged in the Shale Oil industry in Scotland or against the Marquis of Linlithgow arising out of or in any way connected with the operations of any said Companies whether caused by fault or neglect or otherwise; all which claims the Tenant acknowledges he has waived or will waive and his tenancy of the said farm us conditional on such claims being waived.

Seventh. Notwithstanding the let to him the tenant agrees that his tenancy of said parts of said farm shall cease and determine on the same day as the Oil Company may give up either the principal Lease of the subjects hereby let or their Lease of the minerals under the said subjects and account the tenant agrees that he shall have no claims of any kind or description against the Oil Company or the Marquis of Linlithgow for disturbance or for unexhausted improvements, it being in that event left to the tenant to negotiate with the proprietor for a continuance of the tenancy.

Eighth./ [signed] J. Douglas Stewart Director

  • [signed] George Gray [signed] W. Fraser Director [signed] R. W. Meikle Secretary

[page 4]

—Page Fourth—

Eighth. The tenant accepts the whole walls, fences (both march and divisional) dykes, drains, and ditches on the said subjects as in good tenantable condition and repair and he bind himslef and his foresaids to keep and maintain the same during his occupancy of the said lands in the same good tenantable condition and repair, ordinary tear and wear alone excepted, and

Ninth. The tenant binds himself and his foresaids, as regards the lands let to him to implement and observe the whole provisions, obligations and conditions of the Oil Company’s Lease of the whole of said lands, excepting only the provision therein as to payment of rent and to repay to the Oil Company any premium they may require to pay in terms of the principal Lease. Further the tenant undertakes that he will cultivate and manage the lands hereby let in accordance with the most approved rules of good husbandry prevailing in the district, subject always to the provisions of the principal Lease. In Witness Whereof these presents written on this and the three preceding pages are together with the plan annexed hereto executed by the parties hereto as follows videlicet :- they are subscribed by the Said George Gray at Edinburgh on the seventeenths day of August, nineteen hundred and twenty two before these witnesses John Lawson, Solicitor, Edinburgh, and Margaret Neil, Typist, to Cunningham and Lawson, Solicitors, Edinburgh; and they are executed by the said James Ross and Company, Phelpstoun Oil Works, Limited by being sealed with their common Seal and subscribed for them and on their behalf by John Douglas Stewart and William Fraser, two of their Directors and by Robert Wilson Meikle their Secretary, all at Glasgow on the Fifteenth day of September in the year last mentioned.

  • [signed] J. Douglas Stewart Director
  • [signed] W. Fraser Directors [signed] R. W. Meikle Secretary

[signed] John Lawson Witness

[signed] Margaret Neil Witness [signed] George Gray