Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 11
Part 11 of 59, (pages 134-143), feu charter, ground at Seafield, 1904
Feu Charter – 1 ac ground at Seafield
dated 17th and 18th October 1904, reg'd 24th October 1904
We Sir John Denison Pender, K.C.M.G, residing at six Grosvenor Crescent, London and The Right Honourable John Hay (commonly called Lord John Hay) G.C.B, residing at Fulmer place, Slough in the county of Buckingham, Admiral of the fleet, the surviving and remaining trustees and executors of the deceased Sir John Pender, G.C.M.G of eighteen Arlington street in the parish of Saint George, Hanover Square in the county of London, and of Seafield, Blackburn and Whitehill in the parish of Livingstone and county if Linlithgow, nominated and appointed by and acting under his last will and testament dated thirty first July eighteen hundred and ninety and with five relative codicils thereto annexed, dated respectively thirty first July eighteen hundred and ninety, thirty first July eighteen hundred and ninety, eighteenth April eighteen hundred and ninetyone, thirtieth November eighteen hundred and ninety five proved and registered in the Principal registry of the probate division of her late majesty's high court of Justice in England upon the twentyeigth day of July eighteen hundred and ninety six and as such trustees heritable proprietors of the lands herein after disponed in consideration of the feudity and other prestations after specified do hereby sell and in feu farm dispone to and in favour of The Pumphertson oil company limited, incorporated under "The companies acts 1862 to 1880 and 1883",and having their registered office at one hundred and thirty five Buchanan Street Glasgow and their successors and assignees whomsoever heritably and indeenably but always with and under the reservations, conditions, provisions, declarations, obligations irritant and resolutive clauses and real liens and burdens and other hereinafter specified . . .
. . . all and whole that piece of ground extending to one acre or thereby imperial measure part of the lands and estate of Seafield lying within the parish of Livingstone and county of Linlithgow: which piece of ground is bounded as follows: . . .
. . . On the north by other parts of the said lands of Seafield at present let to the said Pumpherston oil company limited and used by them for their oil works along which it extends six hundred
and six feet or thereby; on the east by the lands of Cousland belonging to the Right Honourable The Earl of Rosebery along which it extends one hundred and twenty feet six inches or thereby and on the south and west by other parts of the said lands of Seafield along which it extends respectively five hundred and fifty eight feet or thereby and one hundred and fifty five feet or thereby all as the said piece of ground is delineated and shown in red in the plan annexed and signed as relative hereto together with our whole right title and interest in the dominium utile of the said subjects: Reserving always (but without prejudice to the rights of the mineral tenants under any subsiding mineral leases) to us as trustees foresaid and our successors and assignees whomsoever the whole coal shale freestone, limestone, ironstone, fireclay and all other mines, metals, minerals, fossils and others in the said piece of ground and the right of working the same. And declaring that these presents are granted and shall be accepted with and under the following conditions restrictions provisions reservations and others namely: (First) That the said The Pumpherston oil company limited or their foresaids shall be bound and obliged before the term of Martinmas nineteen hundred and nine to erect upon the said piece of grond above disponed so far as not already done buildings and works with fixed machinery and plant for the distillation of coal shale or other substances and for purifying the same and for the manufacture of paraffin and all other articles and products connected therewith of an annual valve of at least treble the amount of the feu duty hereinafter stipulated for to be along with the railway siding laid or to be laid in said piece of ground used in connection with their present oil works and for that purpose alone and that in conformity in all respects with plans and specifications thereof submitted or to be submitted to and approved of in writing by us as trustees foresaid or our forsaids or our or their authorised surveyor before the erections are proceeded with and thereafter to maintain the same in good and sufficient repair and of the annual value of at least treble the amount of the feudity hereinafter stipulated for: And further to keep the same constantly insured against loss by fire with a respectable insurance company to the extent of at least five hundred pounds and to exhibit receipts for the premiums on such insurance whenever called on so to do by us or our foresaids
and in the event of the destruction by fire or otherwise of any such buildings and works either in whole or inpart to re-erect or restore the said buildings and works to the amount of the yearly value before mentioned and to apply all sums received in respect of said insurance towards the re-erection or re-instatement of such buildings and works but declaring that the said The Pumpherston oil company limited or their foresaids shall not be at liberty to erect on the piece of ground hereby disponed buildings or works of any other character than these hereby permitted without the consent in writing of us as trustees foresaid or our foresaids previously had and obtained: And it is hereby specially provided and declared and that without prejudice to what is before written, that in the event of any buildings of any other character than those hereby permitted being erected at anytime on the piece of ground hereby disponed without the consent in writing of us or our foresaids previously had and obtained or in the event of buildings or works of the yearly value foresaid not being erected before the said term of Martinmas nineteen hundred and nine upon the said piece of ground or in the event of the said The Pumpherston oil company limited failing at any time to keep buildings or works with fixed machinery and plant of the value foresaid in good tenantable and sufficient repair standing upon the piece of ground hereby disponed then and in either of these events this present feu-right and all that has followed thereon shall, in the option of us as trustees foresaid or our foresaids be void and null without any declaration or process of law for that effect: . . .
. . . (Second) That the said The Pumpherston oil company limited shall to bound to enclose the ground hereby disponed with a good and sufficient fence to be approved of by us or our foresaids which fence shall be erected wholly in the ground hereby disponed and if required by us or our foresaids such fence so far as adjoining any public road at present in existence or that may hereafter be constucted shall consist of a wall of stone and lime not less than feu feet in height above the level of centre of said road and the said The Pumpherston oil company limited shall be bound to maintain in good and sufficient repair the said fences: . . .
. . . (Third) In the event of any question or questions of nuisence or illegality connected with the said works being at any time raised by any person or persons whatever the said The Pumpherston oil company limited shall be boudn as by acceptation
hereof they bind and oblige themselves and their foresaids to free and relieve us as trustees foresaids and our foresaids of and from all liability and damage in respect threrof whether such questions be raised directly against us as trustees foresaid or our foresaids or only indirectly affect us and them- it being expressly understood and agreed that these presents for the purpose of erecting buildings and works for the distillation of coal and shale and others as aforesaid are granted entirely at the risk of the said The Pumpherston oil company limited and their foresaids: Further the said The Pumpherston oil company shall be bound as by acceptance hereof they bind and oblige themselves and their foresaids to pay to us or our foresaids and also (in so far as necessary to keep us and our foresaids free and skaithless) to pay to the proprietors feuars tenants and occupiers of the lands in upon or adjoining which the operations under this feu charter or under the building lease hereinafter referred to or under these presents and the said lease combined are to be carried on or to other parties having right to claim the same respectively all damages of whatever kind which may be done or occasioned
the said whole operations or any part thereof and particularly but without prejudice to the said generality . . .
. . . all damages done or occasioned by
by^smoke, soot, gases, vapours or odours proceeding from or caused by the said whole operations or any part thereof to the said lands and to the crops and parture and livestock of every description thereon and produce thereof and to any woods, plantations, roads, accesses, wells, watering, places, walls, fences and railways and to any existing houses and buildings at present thereon and also to any dwelling houses and steadings to be erected thereon for the use of the agricultural tenants of us as trustees foresaid and our foresaids as also to any stream, water, supply or spring of water or to any public or turnpike road or other road and to free and relieve and indemnify us as trustees foresaids and our foresaids of all claims for any such damages on any account in respect of or in connection with the said whole operations or any part thereof at the instance of any person or persons whatever and of all loss and expense incurred by us as trustees foresaid or our foresaids by reason of such claims declaring that all previsions in the leases already granted, or to be granted hereafter in terms similar to the leases granted already to the agricultural tenants of us and our foresaids as to the ascertaining of such damages shall be binding upon the said The
Pumphertson oil company limited and their foresaids and they shall be entitled to the benefit thereof and declaring that the said The Pumpherston oil company limited and their foresaids shall also relieve us as trustees foresaid and our foresaids of all claims at the instance of our farm tenant in respect of the resumption of the ground hereby feued excepting such abatement of rent as he may be entitled to but in the event of any question or questions arising if the same shall be insisted in so as to render it impossible for the said The Pumpherston oil company limited or their foresaids to carry on their works upon the ground hereby feued then and in tjhat event as soon as the said The Pumpherston oil company limited or their foresaids are so prevented from carrying on their works upon the said ground, it shall be in their option to renounce this feu charter at any term of Whitsunday ro Martinmas during thr existence of such question or questions on giving us as trustees foresaid or our foresaids one months previous information in writing of their intention so to do: And in the event of the said The Pumpherston oil company limited or their foresaids availing themselves of this option they shall be bound forthwith to re-convey the ground hereby feued to us as trustees foresaid or our foresaids (which reconveyance we as trustees foresaid and our foresaids shall be bound to accept and record for publication) and the expense of such reconveyance including stamp duty and recording dues shall be borne entirely by the said company or their foresaids and further in the event foresaid we as trustees foresaid and our foresaids (on giving to the said The Pumpherston oil company limited or their foresaids two months written notice after receipt of the intimation of their intention to renounce this fue charter) . . .
Purchase of buildings etc.
. . . shall have the option of purchasing the whole buildings and works and all machinery therein which may be on the ground hereby feued at the time and also all lines of railway thereon which may be the property of the said The Pumpherston oil company limited or their successors in the area of ground above disponed and that in each case at a valuation by two arbiters to be mutually chosen by us or our foresaids and by the said The Pumpherston oil company limited or their foresaids or by an oversman to be named by the said arbiters incase of their differing in
opinion and in case we as trustees foresaids or our foresaids shall n ot avail ourselves of this option then the said buildings works and machinery and the said lines of railway shall remain the property of the said The Pumpherston oil company limited and their foresaids or the then owners of said shall be bound as by acceptance hereof they bind themselves and their foreosaids within six months from the date of their renunciation of the feu right hereby granted to remove the same and to restore the ground hereby feued to good arable condition in so far as practicable or if a complete restoration of said ground to good arable conditions is found to be impracticable then the said The Pumpherston oil company oil limited and their foresaids shall be bound to pay to us as trustees foresaids or our foresaids therefore ar the rate of twenty five times the amount of the annual agricultural value thereof the ground notwithstanding such payment becoming the absolute property of us as trustees foresaids or our foresaids: (Fourth) The said The Pumpherston oil company limited and their foresaids shall be entitled (but only in the event immediately hereinafter specified) at the term of Whitsunday nineteen hundred and five or at any term of Whitsunday occurring every three years thereafter and upon giving six months previous notice in writing . . .
. . . of their intention so to do to renounce this feu charter but such renunication shall not free the said The Pumpherston oil company limited or their foresaids from any of the conditions, provisions, restrictions or others hereinbefore and after provided inso far as these or any of them may then remain unimplemented and be then or previously prestable all which they shall be bound to implement before being entitled to exercise this right of renunciation and on so excercising this right they shall be entitled to require us as trustees foresaid or our foresaids to accept a reconveyance of the piece of ground hereinbefore disponed to be granted by them in favour of us as trustees foresaid or our foresaids the whole expense of which (including stamp duty and recoding dues) shall be borne by them or their foresaids or our foresaids to endorse upon such conveyance such warrant for registation as may be requisite for having the same effectually recorded for publication and having the granters thereof divested
of the title to the ground and should the agents of us as trustees foresaid or our foresaids declare to endorse a warrant of registration upon the conveyance or reconveyance in favour of us as trustees foresaid or our foresaids, the granting whereof is authorised by theses presents, then the agents of the said The Pumpherston oil company limited or their foresaids shall be entitled to endorse such necessary warrant in the capacity of agents for us as trustees foresaid or our foresaids and to record such deed for publication as usual: But the said The Pumpherston oil company limited or their foresaids shall be entitled to renounce this feu charter and to require us as trustees foresaid or our foresaids to accept a reconveyance as above narrated only in the event of their renouncing as the same term invirtue of the privilege thereby conferred . . .
. . . the building lease entered into between the said Sir John Pender the proprietor of the said lands of Seafield on the one part and William Fraser of number twenty four saint Vincent place, Glasgow, on the other part, dated fifth and tenth and recorded in the division of the general register of sasines applicable to the county of Linlithgow for publication and also as in the books of council and session for preservation on the sixteenth all days of May eighteen hundred and ninety to which lease the said The Pumnpherston oil company limited acquired right in virtue of an assignation by the said William Fraser in their favour dated twenty seventh January and recorded in the division of the general register of sasines thirteenth February both in the year eighteen hundred and ninetyone and having the renunciation thereof recorded for publication with a warrant of registration thereon signed by our agents or by their agents on our behalf: (Fifth) In the event of the said The pumpherston oil company limited or their foresaids terminating the said building lease in virtue of the privilege thereby conferred, we as trustees foresaid and our foresaids shall be entitled to require the said company or their foresaids to renounce at the same term this feu chater and to reconvey to us or our foresaids the ground hereby feued and that at the sole expense of the said company or their foresaids: (Sixth) In case the said The Pumpherston oil company limited or their foresaids shall fail in the fulfilment and observance of the provisions and obligations herein written or any of them it shall
not only be in the power of us as trustees foresaid or our foresaids to do everything which may be necessary for enforcing the same and compelling the same or any of them to be carried into effect or any damage or inconvenience arising therefrom to be repaired and removed all a their expense but also in the option of us as trustees foresaid or our foresaids every act or deed of contravention of the said provisions or obligations or any of them with all that has followed or which may follow thereon shall ipso facto become void and null and the said piece of ground hereby disponed with the buildings thereon shall thereupon return to us as trustees foresaids and our foresaids without the necessity of any declarator or process of law form that effect, but without prejudice to our legal rights and remedies against the said The Pumpherston oil company limited for payment of the bygone feuduties and (Lastly) In the event of thesaid The Pumpherston oil company limited or their foresaids deserting the possession of the said piece of ground hereby feued and buildings erected or to be erected theron for the space of two years or in case two years feuduty shall remain due when a third becomes payable then and in the either of these cases these presents shall in the option of us as trustees foresaid or our foresaids ipso facto become null and void as if the same had never been granted and it shall be lawful for us as trustees foresaid and our 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 rents thereof without being accountable therefor to said The Pumpherston oil company or their foresaids or liable to any process of intrusion both of which the said The Pumpherston oil company limited for themselvers and their foresaids do in either of the events foresaid to demand and uplift from ^the said^ The pumpherston oil company limited and their foresaids the feuduties that shall remain unpaid when such an event may take place all which reservations, conditions restrictions provisions obligations declarations and other above written are hereby declared real burdens upon and affecting the said piece of ground hereby disponed and are appointed to be inserted in any notarial instrument to follow hereon and to be inserted or validly referred to in all future deeds of transmission, decrees, instruments and others writs of or relating to the said piece of ground or 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 as at the term of Whitsunday nineteen hundred and four notwithstanding the date hereof: . . .
. . . To be holden the said piece of ground by the said The Pumpherston oil company limited and their foresaids of and under us as trustees foresaid and our foresaids as immediate lawful superior of the same in feu farm fee and heritage for ever: . . .
Feu duty £10 per ann.
. . . Paying therefor yearly the said The Pumpherston oil company limited and their foresaids to us as trustees foresaids and our foresaids the sum of ten pounds sterling in name of feu duty at two terms in then year Whitsunday and Martinmas by equal portions beginning the first terms payment thereof at the term of Martinmas nineteen hundred and four for the half year preceding and the next terms payment at Whitsunday, following and so forth half yearly termly and proportionally a the said two terms in the year in all time thereafter with a fifth part more of each terms payment of liquidate penalty in case of failure in the punctual payment therof and with interest at the rate of five per centum per annum on each terms payment from the time the same falls due until paid: And we as trustees foresaid assign the writs but to the effect only of maintaining and defending the said The Pumpherston oil company limited and their foressaids in the right of the said subjects and for that purpose we as trustees foresaid oblige ourselves and our foresaids to make the same the extent of a legal progress forth coming 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 under a suitable penalty: And we as trustees foresaid assign the rents: And we bind and oblige ourselves as trustees foresaid and our foresaids to free and relieve the said The Pumpherston oil company limited and their foresaids of all feuduties and casualties payable to or exigible by our superior in said piece of ground now and in all time coming and of all public and parochial
burdens due from or on account of said piece of ground prior to the said term of entry: And we as trustees forsaids grant warrandice but from our own facts and deeds only and bind the trust estate under our charge and the beneficiaries interested therein, in so far as we have power to do so, in absolute warrander an we as trustees foresaid direct that the whole of these presents 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 of delivery hereof to the said company failing which the same shall be null and void and we as trustees foresaid consent to registration hereof for preservation: In witness whereof these presents written on this and the eight preceding pages by Alexander Gordon, clerk to M???coy, Beith & M????coy, withness to the signet, Edinburgh, are together with the plan attached herero subscribed by us as trustees foresaid as follows, videlicet:- By me the said Sir John Dension Pender of London on the seventeenth day of October nineteen hundred and four before these witnesses George Edmund Joseph Hilaver Barlow, solicitor, one hundred and sixty five Fenchurch street London, and William Conquest, Clark to Messrs Barlow & Barlow, solicitors, one hundred and sixty five Fenchurch street, aforesaid and by me the said Lord John Hay at Fulmer place, aforesaid on the eighteenth day if month and year last mentioned before these witnesses, Charles Henry Royce, Butler and George Cooper head gardener, bith to me at Fulmer place aforesaid.
(Sgd) George E.J.H Barlow witness (Sgd) J.Denison Pender
" W.Conquest "
(Sgd) Charles Henry Royce " (Sgd) John Hay
" George Cooper "
Reigister on behalf of the Pumpherston oil co ltd, incorporated under
The companies acts 1862 to 1880 and 1883 and having their
Registered office at one hundred and thirty five Buchan St Glasgow,
on the Register of the county of Linlithgow
McClue, Naismith, Brodie & co
witness, Glasgow agents