Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 10
Part 10 of 59, (pages 127-133), feu charter, land for officials houses, Pumpherston, 1904
Feu Charter - Official's Cottages, Pumpherston
dated 11th October 1904, reg'd 14th October 1904
I Charles Gibson McLagan Esquire of Pumpherston, Heir of entail in possession, and as such heritable proprietor of the entailed lands and estate of Pumpherston, Calderbank, Broadgate and Fortneuk and other in the counties of Edinburgh and Linlithgow which lands and estate the piece of ground after disponed forms a part: Considering that on the twenty fifth day of nineteen hundred and one i presented a petition to the lords of council and session setting forth inter alia the power of granting feus and building leases enforce by the acts 11 and 12 Victoria, cap 36 entitled "An act for the amendment of the law of entail in Scotland", the act 16 and 17 Victoria cap 94 entitled "An act to extend the benefits of the act of the 11th and 12th years of her present majesty for the amendment of the law of entail in Scotland" and the act 48m and 46 Victoria caqp 53 entitled "The entail (Scotland) act 1882" and particularly setting forth the provisions contained in Sections 24 and 36, sections 6 and 13 and section 4 of these acts respective and paying their lordships to authorise and empower meto grant fues or building leases of the portions of the said entailed lands and estate delineated and coloured red upon the plan therewith produced, but under exception of the portions thereof which had already been feued or let upon building lease, all agreeably to the provisions contained in the said acts thereanent: And considering that, after certain procedure which followed upon the said petition, i restricted the prayer thereof to certain portions of the said entailed lands and estate, delineated and coloured dark red on the said plan, and extending in all to one hundred and fifty four acres or thereby and was authorised and empowered to grant feus or building lease of the said restricted portions of the said entailed lands and estate so delineated on said plan, (excepting as aforesaid) whereof the price of ground and others after disposed are a portion, on the terms after set forth: And in so far as regards feus in the form of these presents conform to interin act and warrant and decree of the said lords, dated
eleventh March nineteen hundred and two: And now seeing that The Pumpherston oil company limited incorporated under the companies act 1862 to 1880 and 1883, have made offer to feu the price of ground after disponed, being part of the said portions of the said entailed lands and estate which i have been authorised to feu or lease as aforesaid, and that upon the conditions aftermentioned: Therefore I the said Charles Gibson McLagan as Heir of entail foresaid, In consideration of the feuduty and other prestations and with and under the conditions, restrictions provisions and other hereinafter stipulated, hereby sell alienate and in feu farm dispone to and in favour of the said The Pumpherston oil company limited, and their assignees whomsoever, heritably and irredeemably (but always with and under the reservations, conditions, provisions, declarations, obligations, irritant and
land real liems and burdens and other underwritten and not withstanding) resolutive clauses^ all and whole that piece of ground part of the entailed lands and estate of Pumpherston, . . .
rds ?? yds 3-21-22-99 Extent Boundaries
. . . extending to eight hundred and eighty six decimal or one thousand the parts of an acre imperial standard measure or thereby, and bounded as follows:- On the north partly by ground already feued to William Smail, and partly by other lands belonging to me along which boundary it extends one hundred and seventy seven feet or thereby: On the south by the other lands belonging to me, along which it extends one hundred and eighty feet of thereby: On the east also by other lands belonging to me along which it extends two hundred and fifteen feet or thereby: And on the west by the public road leading from Uphall to Mid Calder along which it extends two hundred and fifteen feet or thereby, all lying in the Parish of Mid Calder and county of Edinburgh: And it is hereby declared that the measurement above stated is hereby acquiesed in by me and the said company, be the same more or less: With free ish and entry to the said piece of ground by the roads formed or which may be formed by me and my successors for the use of the feuers, as well as by public roads: But reserving always to me and my heirs and successors in the said entailed lands and estate, the whole coal, shale, freestone, limestone, ironstone
fireclat, and all other mines, metals, minerals, fossils and others within the piece of ground hereby disposed, and full power and liberty to me and them, or any person or persons authorised by me or them, to search for work, win and carry away the same: Providing and declaring always that these presents are granted and shall be accepted with and under the conditions, restrictions, provisions and other aftermentioned, videlicit – (First) That the said The Pumpherston oil company limited and their foresaids shall be bound and obliged, within the space of twelve months from the last date hereof to have erected upon the piece of ground hereby disponed four separate dwelling houses which may be either four detached villas or cottages or two semi-detached villas or cottages or four houses parts of a terrace, . . .
Value of buildings to be at least £1000
. . . of the cumule value of at least one thousand pounds sterling, to be built in the first instance of brick and cement, with imitation stone corners and rybats, and covered with slates or tiles, with or without offices thereto and behind the dwelling houses and which dwelling houses and offices (if any) shall be in conformity in all respects with a plan and specification thereof submitted to and approved of in writing by me or my foresaids, and which said public road shall form the western boundary of the piece of ground hereby feued, and the said dwelling houses shall not be placed nearer to the centre of said road than twenty five feet, and the fronts of the said dwelling houses shall face and be parallel with the said road, and when the same are so built they shall thereafter be kept and constantly maintained in good tenantable and sufficient repair by the said The Pumpherston oil company limited or their foresaids, and when necessary from destruction or decay rebuilt of similar or superior materials and thereafter so maintained and of the annual value of at least double the feudity herein stipulated: (Second) That the said The Pumpherston oil company limited and their foresaidws shall be bound at their expense within the space of twelve months after the date hereof to enclose the said piece of ground hereby feued ( in so far as not already done) with a good and sufficient fence and to
uphold and maintain the same in good repair in all time, which fence so far as adjoining any road, or any part of the said entailed estate which has not been authorised to be feued or let on long lease, shall be wholly erected on said piece of ground hereby feued, and so far as adjoining any part of the said entailed estate which has been authorised to be feued or leased as aforesaid, whether the same be already feued or leased or not, . . .
. . . the said fence shall be erected, one half, on the said piece if ground and the other half on the adjoining ground and shall be a mutual fence, but without any claim whatever to the said The Pumperston oil company limited or their foresaids against me or my foresaids for payment of any part of the expense of erecting or maintaining said fence, but reserving always the claim of my said disponse against the feuars or leases from me or my foresaids of said adjoining ground for payment of one half of said expense, and if required by me or my foresaids, such enclosing fence, so far as adjoining any road, shall consist of a wall of stone and lime or brick and cement, not less than four feet in height above the centre of said road, or alternatively of a wall not more than three feet in height on an average, with a railing on it as may be desired by me or my foresaids: (Third); That it shall not be lawful to nor in the power of the said The Pumpherston oil company limited or their foresaids to erect or carry on within the bounds of the said feu any brewery, tan work, distilling or other noxious manufacture or chemical process, nor erect lime kilns or smelting houses or furnaces within any part thereof, nor otherwise use the piece of ground hereby feued in any way . . .
. . . which may be deemed a nuisance, nor to sell or deal in any spirituius or intoxicating liquors or carry on any inn or public house, upon the piece of ground hereby feued or building thereon, except with the special consent in writing of me or my foresaids: . . .
. . . (Fourth); That the said The Pumpherston oil company limited and their foresaids shall be bound and obliged to pay the survey or his fee for measuring off the foresaid piece of ground hereby feued, and further to repair at their own expense the road or roads used
by them in carting materials for the erection of the said dwelling houses on the said piece of ground, and also to free and relieve me and my foresaids of all claims for loss and damage to crops or for unexhausted manures, and all other claims competent to the agricultural tenant of the piece of ground before disponed in consequence of this feu charter having been granted and the said piece of ground being taken for building purposes, except claims for abatement of rent: . . .
. . . (Fifth) That the said The Pumpherston oil company limited and their foresaids shall be bound to form and complete so far as this has not already been done, and also to keep in proper repair, the whole of the foot paths guttersand water channels adjoining the ground hereby feued or any side thereof, as also the one half of the road or roads opposite to the said ground or fronting any side thereof, where the ground on the opposite side of such road or roads shall have been feued by me or my foresaids, or the proprietors of the said entailed estate for the time, for building purposes, and the whole of such road or roads where the ground on the opposite side thereof shall not have been feued for said purposes, or until such ground shall have been so feued, and that to the satisfactory of me or my foresaids; and further the said . . .
. . . The Pumperston oil company limited and their foresaids shall be bound to form and complete sufficient drains for the purpose of thoroughly draining or purifying the said dwelling houses and removing all manner of nuisence therefrom, and to bear the expense of keeping the said drains in repair, in so far as opposite to the property, and (Lastly) Without prejudice to the stipulations in favour of my and my foresaids herein contained it is hereby specially provided and declared that in case the said The Pumpherston oil company limited or their foresaids shall contravene or fail in the fulfilment and observance of the provisions and obligations before written, or any of them, it shall not only be in the power of me or my foresaids to do everything which may be necessary for enforcing the same, and to cause the same or any of them to be carried into effect or any damages
or inconvenience arising therefrom to be repaired or removed all at their expense but also, in the event foresaid or in the event the said The Pumpherston oil company limited, or their foresaids deserting the possession of the said piece of ground and buildings erected or to be erected thereon for the space of two years or in case two years feu duty shall remain due when a third becomes payable then and in any of these cases, this feu charter, and all that has followed thereon, shall in the option of me or my foresaids, ipso facto become null and void as if the same had never been granted and it shall be lawful for me or my foresaids, without any declarator or process of law to take possession of the said subjects, and to sell and dispose thereof as our own property, or to let the same to tenants and uplift the rent thereof without being accountable therefor to the said The Pumperston oil company limited or their foresaids or liable to any process of intrusion, both of which the said The Pumpherston oil company limited, for themselves and their foresaids, do, in either of the events foresaid, by acceptation hereof discharge and renounce, and also that it shall be lawful to me and my foresaids to demand and uplift from the said The Pumpherston oil company limited and the foresaids the feu duties that shall remain unpaid when any of the events foresaid may take place: All of which reservations, conditions, restrictions, provisions, obligations, declarations and other above written are hereby declared real burdens upon and affecting the ground and others hereby disponed and are appointed to be inserted in any notatial instrument to follow hereon and to be inserted or validly referred to in all future deeds of transmissions decrees, instruments and other writs of or relating to the said piece of ground any part thereof, otherwise such deeds, decrees, instruments and writs shall be null and void: With entry to the said piece of ground hereby disponed at the date hereof: . . .
Entry 11th Oct 1904 Lease held on Perpetuity
. . . To be holden the said piece of ground by the said The Pumpherston oil company limited and their foresaids and under me the said Charles Gibson McLagan and my heirs and successors, proprietors of the said entailed lands and estate for the time, as immediate lawful superiors of the same in feu farm fee and heritage for ever: Paying therefore yearly the said The Pumpherston
oil company limited and their foresaids, to me or my foresaids . . .
Yearly payment £8.17.2 payable at Martinmas & Whitsunday terms
. . . the sum of eight pounds seventeen shillings and two pence sterling in name of feu duty, payable at two terms in the year, Whitsunday and Martinmas by equal portions, beginning the first terms payment at Martinmas next for the period preceeding and the next terms payment at Whitsunday thereafter and so forth continuing in the regular and punctual payment of the said feu duty yearly and termly in all time to come; with interest at the rate of five pounds per centum per annum of each termly payment from the date on which the same falls due until payment thereof: And i assign the writs, but to the effect only of maintaining and depending the said The Pumpherston oil company limited and their foresaids in the right of the said subjects, and for that purpose i oblige myself and my foresaids to make the same, to the extent of a legal progree, furthcoming to the said The Pumpherston oil company limited and their foresaids on all necessary occasions on a receipt and obligation for redelivery thereof within a reasonable time and under a suitable penalty: And i assign the rents: And i bind myself to free and relieve the said The Pumpherston oil company limited and their foresaids of all feu duties and casualties payable to my over-superior now and all in all time coming, and of all public and parochial burdens due from or on account of the piece of ground above disponed prior to the said term of entry: And i bind and oblige myself and the heirs of entail succeeding to me in the said entailed lands and estate (but not my other heirs and representatives) to warrant these presents at all hands, but only in so far as consistent with the said Acts of Parliament and no further: And i direct that the whole of those present be recorded in the register of sasines on or before the first term of Whitsunday or Martinmas which shall happen six months after the date hereof, failing which the same shall be null and void: And i consent to the registration hereof for preservation: In Witness whereof