Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 22
Part 22 of 59, (pages 193-203), feu charter, ground for cottages near Pumpherston hall, 1908
Comp'd in works book
Feu Charter between Charles Gibson McLagan and the Pumpherston oil company limited Ground for Cottages adjoining Hall. Pumpherston
Dated 26th December 1907 Reg'd 6th January 1908
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, Broadyestts and Fortneuk, and others in the counties of Edinburgh and Linlithgow, of which lands and estate the piece of ground after disponed forms a part; considering that on the twenty fifth day of June, nineteen hundred and one, I presented a petition to the Lords of council and session, setting forth enter alia the power of granting feus and building leases conferred by the Act 11 and 12 Victoria cap 35 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 laws of entail in Scotland" and the act 45 and 46 Victoria cap 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 respectively, and praying their Lordships to authorise and empower me to grant feus 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 of 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 portion of the said entailed lands and estate so delineated on the said plan (excepting as aforesaid) whereof the piece of ground and others after disponed are a portion, on the terms after set forth: And in so far as regards feus, in the form of theses presents, conform to interim 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 piece 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 after mentioned: Therefore, I the said Charles Gibson McLagan, as heir of entail foresaid in consideration of the feu duty and other prestations and with and under the conditions, restrictions, provisions and others hereinafter stipulated hereby sell, alienate and in few 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 resolutive clauses and real liens and burdens and others underwritten and not otherwise) all and whole that piece of ground part of the entailed lands and estate of Pumpherston extending to four hundred and sixty decimal or one thousandth parts of an acre imperial standard measure or thereby and bounded as follows videlicet: . . .
. . . On the north or north west by ground feued to the West Calder Co-operative society along which it extends one hundred and fifty nine feet six inches or thereby, on the east or north east by other lands belonging to me along which it extends one hundred and twenty feet or thereby, on the south or south east by ground feued to the said the Pumpherston oil company limited along which it extends in a north easterly direction eighty one feet or thereby, thence in a north westerly direction seven feet or thereby and thence in a north easterly direction seventy eight feet six inches or thereby and on the west or south west by the public road leading from Uphall to Mid Calder along which it extends one hundred and thirty feet six inches or thereby as the said piece of ground hereby disponed is delineated and coloured pink on the plan annexed and signed as relative hereto all lying in the parish of Mid Calder and county of Edinburgh and it is hereby declared that the measurement above stated is hereby acquiesced in by me and the said the Pumpherston oil company limited 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 feuars, 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 fireclay and all other mines, metals, minerals, fossils and other within the piece of ground hereby disponed and full power and liberty to me and them or any persons or person authorised by me or them, to search for , work, win and carry away ther same providing and declaring always that these presents are granted and shall be accepted with and under the conditions, restrictions, provisions and others after mentioned videlicet: (First) That the said The Pumpherston oil company limited or 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 a dwelling house or houses with suitable offices or a hall or public institute with offices and caretakers house in conditioned therewith of the value of at least three hundred pounds sterling, sadi buildings to be built of stone or brick faced with stone and lime and covered with slates or tiles, the rybats of doors and windows on the side frontin the road or street already made or to be hereinafter made, shall be of hewn stone and which buildings 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 road or street shall form the western or south western boundary of the piece of ground hereby feued and the said buildings shall not be placed nearer to the centre of said road or street than twenty five feet and the front of the said buildings shall face and be parallel with the said street or road and when the same are so built, that 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 of the annual value of at least double the feu duty herein stipulated. . . .
. . . (Second). That the said The Pumpherston oil company limited and their foresaids 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 sufficent 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 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 of ground and the other half on the adjoining ground, and shall be a mutual fence, but without any claim whatever to the said The Pumpherston oil company limited and their foresaids against me or my foresaids but only against my or their feuers for payment of any part of the expense of erecting and maintaining said fence 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, not less that 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 and their foresaids to erect or carry on within the bounds of the said feu any brewery, tan work, distillery or other noxious manufacture or chemical process, nor to erect lime kilns or smelting houses, or furnace within any part thereof nor otherwise to use the piece of ground feued in any way which may be deemed a nuisence, nor to sell or deal in any spirituous or intoxicating liquours or carry on any inn or public house upon the piece of ground hereby feued, or buildings thereon, except with the special consent in writing of me or my foresaids: (Fourth) The the said The Pumpherston oil company limited and their foresaids shall be bound and obliged to pay the surveyor his fee for measuring off the foresaid piece of ground hereby feued . . .
. . . and further to repair at his or their own expense the road or roads used by him or them in carting materials for the erection of the said buildings 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 out for buiding 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 footpaths, gutters and water channels adjoining the ground hereby feued on any side thereof, as also 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 ground opposite side thereof shall not have been feued for said purposes, or until such ground shall have been so feued, and that to the satisfaction of me or my foresaids: . . .
. . . And further the said The Pumpherston oil company limited and their foresaids shall be bound to form and complete sufficient drains on the piece of ground hereby feued and to connect the same through my adjoining ground with the exisiting sewer which passes through my adjacent lands and discharges into the river Almond and and that for the purpose of thoroughly draining and purifying the buildings on said piece of ground and removing all manner of nuisence therefrom and to bear the expense of keeping the said drains in repair in so far as within or opposite to the property and declaring that they shall be bound to free and relieve me and my foresaids of all burden and responsibility with regard to the said drains, either in the formation or upkeep thereof or with regard to questions of nuisence arising therefrom or outlet or disposal of said drainage I and my foresaids acquiescing in or permitting the discharge of said drainage from said piece of ground by said drains and sewer into said river only in so far as we have or my have right or power to do so: and (Lastly) without prejudice to the stipulations in favour of me 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 damage or inconvenience arising therefrom to be repaired or removed all at his or their expense, but also in the event foresaid or in the event of 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 fue duty shall remain due when the 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 foresaid ipso facto become null and void, as if the same had never been granted, and it shall be lawful for me of 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 rents thereof, without being accountable therefor to the said The Pumpherston 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 or their foresaids the feu duties that shall remain unpaid when any of the events foresaid 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 notorial instrument to follow hereon, and to be inserted or validly referred to in all future deeds of transmission, decrees, instruments and other 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 six to be holden, the piece of ground, by the said The Pumpherston oil company limited or their foresaids of and under me, the said Charles Gibson McLagan, and my heirs and successors proprietors of the said entailed lands & estate for the time as immediate lawful superiors of the same in feu farm fee and heritage for ever: . . .
Feu duty £4-12-0
. . . Paying therefor yearly the said The Pumpherston oil company limited or their foresaids to me or my foresaids the sum of four pounds twelve shillings sterling in the name of feu duty payable at two terms in the year, Whitsunday and Martinmas by equal portions, . . .
First Payment (rent paid as from Whit 1906)
. . . beginning the first terms payment at Martinmas nineteen hundred and seven for the half year proceeding (previous duties having been paid) and the next terms payment at Whitsunday thereafter and so forth continuing in the regular and punctual payment of the said feu duty yearly 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 defending the said The Pumpherston oil company limited or 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 progress forthcoming to the said The Pumpherston oil company limited or their foresaids on all necessary occasions on a receipt and obligation for re delivery thereof within a reasonable time and under a suitable penalty: And i assign the rents: And I bind myself and my foresaids to free and relieve the said The Pumpherston oil company limited or their foresaids of all feu duties and casualties payable to my ever superior now and in all time coming and of 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 consisted with the said Acts of parliament and no further: And I 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 hereof, failing which the same shall be null and void: And i consent to the registration hereof for preservation In Witness whereof.