Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 12
Part 12 of 59, (pages 144-150), feu charter, ground at Erskine Place, 1904
Feu Charter - Erskine Place
dated 6th September 1904, reg'd 17th September 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, Broadyetts and Fortneuck, and other, in the counties of Edinburgh and Linlithgow of which lands and estates the piece of ground after disponed froms a part: considering that by decree of the sheriff of the Lothians and Peebles at Edinburgh, dated twentyseventh December eighteen hundred and eighty eight, following on a petition by the now decreased Peter McLagan Esquire of Pumpherston, M.P for the county of Linlithgow, the institute of entail then in possession of said entailed lands of Pumpherston and others, authority was granted to the said Peter McLagan as his successor in the said entailed estates within ten years of the date thereof, to grant leases for building purposes or feus of certain parts of said lands, of which the feu hereinafter disponed is a portion: And further considering that by Feu charter dated eighteenth June eighteen hundred and eightynine, the said Peter McLagan sold alienated and in few farm disponed the subjects herein after disponed to and in favour of William Smail, Blacksmith, Mid Calder and his heirs and assignees whomsoever and the said Peter McLagan thereby directed that the whole of said Feu charter be recorded in the register of sasines on or before the first term of Whitsunday or Martinmas which should happen six months after the date thereof, failing which the same should be null and void; And further considering that the said Feu charter has not been recorded in the register of sasines, and ^that^ the period within which authority to feu as aforesaid has expired, and further considering that on the twenty fifth day of June nineteen hundred and one I presented a petition to the Lords of council and session, selling forth inter alia the power of granting feus and building leases conferred by the Act 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 of extend the benefits of the act of the 11th and 12th year of her present Majesty for the amendment of the
Law of entail in Scotland" and the act 45 and 46 Victoria cap 53 entitled "The entail (Scotland) act 1882" and particularly selling forth the provisions contained in sections 24 and 36 sections 6 and 13 and section4 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 entitled 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 petitiom i restructed the prayer thereof to certain portions of the said entailed lands and estate, delineated and coloured dark red in the said plan, and extending in all to one hundred and fiftyfour acres or thereby, and was authorised and empowered to grant feus or building leases of the said restricted portions of the said entailed lands and estate so delineated on said plan (excepting as a foresaid) 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 these presents conform to interim act and warrant and decree of the said lords dated eleventh March nineteen hundred and two: And now seeing that i am satisfied of the said William Smails right to the said subjects. I have agreed to grant these presents in manner underwritten and that upon the conditions aftermentioned; Therefore i the said Charles Gibson McLagan, as Heir of entail foresaid on consideration of the feuduty and others hereinafter stipulated, hereby sell, alienate and in feu form disponed to and in favour of the said William Smail and his heirs and assignees whomsever, heritably and irredeemably (but always with and under the reservations, conditions, provisions, declarations, obligations, irritant and resolutive clauses and realiens and burdens and others underwritten and not otherwise) . . .
. . . All and whole that piece of ground extending to one rood imperial standard measure or thereby part of my said entailed lands and estate of Pumperston and other and bounded as follows vigt: On the north by other lands
belonging to me, along which it extends one hundred and fourteen feet or thereby: . . .
. . . On the east by other lands belonging to me, along which it extends ninety feet or thereby: On the south by other lands belonging to me, along which it extends one hundred and thirty feet or thereby: And on the west by the public road leading from Uphall to Mid Calder, along which it extends ninety 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 acquired in by me and the said William Smail, be the same more or less: With freeish 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 freestones, limestones, ironstone, fireclay and all other mines metals minerals fossils and others within the piece of ground hereby disponed 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 on payment of surface damages only: Providing and declaring always that these presents are granted and shall be accepted, with and under the conditions, restrictions, provisions and other aftermentioned, vigt:- . . .
Erection of House
. . . (First) That the said William Smail or his 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 of the value of at least two hundred pounds, built of stone or brick faced with stone and lime and covered with slate or tiles, the rybats of doors and windows on then side fronting the road or street already made or to be hereafter made shall be of hewn stone, and which dwelling house 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 boundary of the piece of gound hereby feued, . . .
. . . and the said Dwelling house shall not be placed nearer to the centre of said road or street than twenty five feet and the front of the said Dwelling house face and be parallelled with the said street or 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 Willam Snail or his foresaids and of the annual value of at least double the feuduty herein stipulated: (Second) That the said William Smail and his 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 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 as 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 of ground, and the other half on the adjoining ground, and shall be a mutual fence but without any claim whatever to the said William Smail or his foresaids against me or my foresaids for payment of any part of the expense of erecting or 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 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 William Smail or his foresaids to erect or carry on within the bounds of the said feu any brewery, tanwork, distilling, or other noxious manufacture or chemical process nor to erect lime kilns or smelting houses or furnaces within an part thereof, not otherwise to use the piece of ground hereby feued in any way which may be deemed a nuisance, nor to sell or deal in any spiritious 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 William Smail and his 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 dwelling house 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 tenent 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, execept claims for abatement of rent: (Fifth) That the said William Smail and his 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, gutter and water channels adjoining the ground hereby feued, on any said thereof, as also the one half of the road or roads opposite to the said ground or fronting anyside therof, 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 satisfaction of me or my foresaids: And further the said William Smail and his foresaids shall be bound to form and complete sufficient drains for the purpose of thoroughly draining or purifying the said Dwelling house 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 me and my foresaids herein contained, it is hereby specially provided and declared that in case the said William Smail or his foresaids contravene or fail in the fulfilment and obsevance 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, and to cause the same or any of them to be carried into effect, or any damage or inconvenience arising there from to be repaired or removed, all at his or their expense, but also in the event foresaid, or in the event of the said William Smail or his 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 theses 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 amy declaration or process of law, tom take possession of the said subjects, and to sell and dispose thereof as our own property or to let the same to tenents and uplift the rents thereof, without being accountable therefor to the said William Smail or his foresaids or liable to any process of intrusion, both of which the said William Smail for himself and his foresaids does in either of the events foresaid by acception hereof discharge and renounce, and also that it shall be lawful to me and my foresaids to demand and uplift from the said William Smail and his foresaids the fueduties 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 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 grounsd hereby dispond at the term of Whitsunday nineteen hundred and four: To be holden the said piece of ground by the said William Smail and his foresaids of and under me the said Charles Gibson McLagan and his 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 therefor yearly the said William Smail and his foresaids to me or my foresaids, . . .
Feu duty £2.10/- per annum
. . . the sum of two pounds ten shillings sterling in name of feudity, payable at two terms in the year Whitsunday and Martinmas by equal portions, beginning the first terms payment at Matinmas nineteen hundred and four for the half year preceeding and next terms payment at Whitsunday thereafter, and so forth, continuing in the regular and punctual payment of the said feuduty, and yearly and termly in all time to come, with interest at the rate of five pounds per centrum 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 maintaing and defending the said William Smail and his 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 William Smail and his 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 grant warrandice from fact and deed only, in so far as consistent 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 here of for preservation: On witness Whereof.