Description

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

Hand written with signatures.Legal: Boyds, Miller and Thompson, Solicitors, Glasgow. See also Arc Ref 129019. Includes letter dated 18th October 1949 concerning rent increases. Includes plan entitled 'Plan of Part of Fawnspark Farm as let to Mr George Gray', drawn up by Philipstoun Oil Works, Martinmas 1921. Scale 1/2" to 100'. Plan shows land divided into areas with acreage lying alongside the Union Canal.

—711—

Minute of Sublease between James Ross & Co, Philpstoun Oil Works Ltd. And George Gray

Taken over by Young’s from Marts. 1933.

1922

Parts of Farm of Fawnspark

Duration — 14 years from Martinmas 1921

Rent — £70 per annum.

Boyds, Miller & Thompson, Solicitors, Glasgow.

COPY

RG/AB

18th October, 1949.

Mr. George Gray,

• Fawnspark Farm,
• Philpstoun,
• LINLITHGOW.

Dear Sir,

Fawnspark Farm.

• Referring to your letter of the 29th August last advising us that you have no objection to you rent being increased as from Martinmas 1049, in accordance with the suggestion made in our letter dated 22nd July, 1949, provided certain repairs are carried out at an early date, we have now received some definite from Mr Fergusson regarding the qualification made as a condition of your acceptance. Mr Fergusson writes as follows:-
• “I am arranging for the necessary repairs to this steading being carried out within the next week or so. As regards the provision of a hot water supply in the farmhouse this would be a matter of arrangement with Mr Gray, but I cannot face any further expenditure this year as at Mr Gray’s request I have put a gravitation supply of water into two of the fields on the farm which have been laid down to grass, at a cost of £135.16.9. Half of this I am recovering from the Department of Agriculture leaving £67.19.9. of outlay by the Landlords. In most cases where an improvement of this nature is carried out it is quite usual for the tenant to pay a proportion (usually one half) of the nett cost after deduction of the grant, but in this case owing to Mr Gray being a sub-tenant, I did not ask him to bear any part of this expenditure.”
• In view of the above we assume that it will be in order for us to give affect to the proposal put forward by the Estate which will necessitate your rent being increased by £20 per annum as from Martinmas 1949, making the yearly rent £86.17.10. as from that date,

Yours truly,

For YOUNG’S PARAFFIN LIGHT & MINERAL OIL CO. LTD.

(sgnd.) J. E. B. MARTIN

Secretary.

Minute of Lease between James Ross and Company, Philpstoun 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, Fawnspark Farm, West Lothian (hereinafter referred to as “the tenant” of the second part.

Whereas the Oil Company have arranged to lease from the Most Honourable, Victor Alexander John, Marquis of Linlithgow the Farm of Fawnspark in the county of Linlithgow And Whereas the tenant has agreed to become the sub-tenant of the Oil Company in the subjects hereinafter let, on the terns and conditions hereinafter written which it is proper should be reduced 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 as 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 the said Marquis of Linlithgow All and Whole that part of the Farm of Fawnspark in the Parish of Abercorn and County of Linlithgow extending to sixty five acres Imperial Measure or thereby and shown on the plan annexed and subscribed as relative hereto (which extent however is not guaranteed) Together with the Farm Buildings of Fawnspark and the house and Garden at Cockmuir so far as on the ground hereby let 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] W. Fraser Director [signed] George Gray
• [signed] R. W. Meikle Secretary

—Page Second—

Second The tenant binds himself and his heirs executors and representatives whomsoever all jointly and severally and 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 Seventy Pounds Sterling per annum payable by equal moieties at the terms of Whitsunday and Martinmas during each year of the Lease, the first moiety namely Thirty five Pounds Sterling being payable at the term of Whitsunday nineteen hundred and twenty two and the second moiety namely Thirty five Pounds 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 thereof and interest at the sale of Seven pounds per centum per annum on each terms payment of said rent from the time the same becomes due till paid

Third The tenant binds himself to insure the stock and crop on the farm annually to the extent of two years rent; to reside on the farm; and to have the farm at all times property and sufficiently stocked. The Oil Company do not in any way warrant that the buildings on the farm are suitable for carrying on Dairy Farming and they shall not be under any obligation to make the buildings comply with the provisions of any Act of Parliament or regulation made in pursuance thereof and the tenant shall not be entitled to claim any deduction from the rent should the Buildings or any of them be found at any time not to conform to any Statutory provisions and regulations.

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 tenants if the subjects were by let but that so far only as the same or applicable and relate to said rent of Seventy pound per annum before provided for as the rent for the 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 lease.

Fifth/

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

—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 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 pay the whole rent for the crop and year in respect of such compensation has been paid. The tenant shall as far as possible refrain from cropping ground which may be 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 time as he may occupy the 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 said Marquis of Linlithgow arising out of or in any way connected with the operations of any of said Companies whether caused by fault or neglect or otherwise; all which claims the tenant acknowledged he has waived or will waive and his tenancy of the said farm is conditional on said claims being waived.

Seventh Notwithstanding the let to him the Tenant agrees that his tenancy of such Farm shall cease and determine on the same day as the Oil Company may give up either the principal Lease of said Farm or their Lease of the Minerals under the Farm and should the tenancy of said Farm determines on this 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 rent left to the tenant to negotiate with the proprietor for a continuation of the Tenancy.

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

—Page Fourth—

Eighth The tenant accepts the whole buildings walls, fences (both march and divisional) dykes, drams, and ditches on the said Farm as in good tenantable condition and repair and he binds himself 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 foresaid as regards the lands let to him to implement and observe 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 to have the Farm Buildings insured against Fire, 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 together with the plan annexed hereto are executed by the parties hereto as follows, videlicet :- they are subscribed by the said George Gray on the seventeenth day of August nineteen hundred and twenty two before these witnesses William White, engineman Red House Cottages, Three mile town Linlithgow, and William Reid, Under manager, Cockmain, Philpstoun : and they are executed by the said James Ross and Company, Philpstoun 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 the 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 Director
• [signed] R. W. Meikle Secretary

[signed] William White Witness

[signed] William Reid Witness George Gray