Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 13
Part 13 of 59, (pages 151-158), feu charter, superior dwellings at Pumpherston, 1902
Feu Charter - Superior Dwelling Houses Pumpherston
Dated 17th October, Registered 28th October 1902
I Charles Gibson McLagan, Esquire of Pumpherston, heir of entail in possession and as such heritable proprietor of the entailed lands and estate of Pumphertson, Calderbank, Broadyetts 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 inter alia the power of granting feus and building leases conferred by the Act 11 and 12 Victoria cap 36 entitled "An act fir 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 of the amendment of the law of ential 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 twenty four and thirty six, sections six and thirteen and section four 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 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 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 the the Pumpherston oil company limited incorporated under the companies act 1862 to 1880 and 1883 have made offers to feu the piece of ground after disponed, being part of the said portions of the said entitled lands and estate which I have been authorised to feu or lease as aforesaids and that upon the conditions aftermentioned: Therefore I the said Charles Gibson McLagan as heir of entail foresaid in consideration of there feuduty and other presentations and with and under the conditions, restrictions, provisions and others herein after stipulated, hereby sell alienate and in feu forum 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 viritant and resolutive claims and real liens and burdens and other underwritten and not otherwise). . . .
Extent and Boundaries
. . . All and whole that piece of ground part of the entailed lands and estate of Pumpherston extending to three roads imperial measure or thereby and bounded as follows videlicet;- On the north by other land belonging to me along which it extends two hundred and sixty feet or thereby; on the south also by other lands belonging to me along which it extends two hundred and thirty four feet or thereby: on the east by the mill dam long which in an irregular direction following the bend it extends one hundred and eighty feet or thereby; and on the west by ground feued to the said Pumpherston oil company limited along which it extends one hundred and forty 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 acquiesced 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 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, metal, 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: Providing and declaring always, that these presents are granted, and shall be accepted with and under the conditions, restrictions, provisions and others aftermentioned, videlicet:- . . .
Erection of Houses
. . . (First) That the said The Pumpherston oil company limited or their foresaids shall be bound and obliged within the space of twelve months from date hereof to have erected upon the piece of ground hereby disponed Workmans dwelling houses of the value of at least six hundred pounds sterling 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 fronting the road or street already made or to the hereafter made by said The Pumpherston oil company shall be of hewn stone, and which dwelling houses 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 roads or streets already made or hereafter to be made by the said The Pumpherston oil company limited shall run in an easterly direction at right angles from the road from Uphall to Mid Calder and shall form the southern boundary of the piece of ground hereby feued and the said dwelling houses shall not be placed nearer to the centre of said road or street than twelve feet, and the front of the dwelling houses shall face and be parallel 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 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 then 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, which 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 foresaid, whether the same be already feued or lease 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 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 disponees against the feuars or lessees 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 road, or alternatively of a wall not more than three feet in height on an average, with or railing on it as any be desired by me or my foresaids: (Third) That it shall not be lawful to not 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, tanwork, distillery or other noxious manufacture or chemical process, not to erect lime kilns or smelting houses or furnaces within any part thereof, nor otherwise to use the piece of ground hereby feued, in anyway which may be deemed a nuisance, nor to sell or deal in any spirituous or intoxicating liquors 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) That the said The Pumpherston oil company limited or their foresaids shall be bound and obliged to pay the surveyor his fee for measuring off the foresaids 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 workmens 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 disposed 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 or 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 anyside thereof, as also the one half of the road or roads opposite side of such road or roads shall have been fueed by me or my foresaids or the proprietors of the said entailed estate for the time, form 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 The Pumpherston oil company limited or their foresaids shall be bound to form and complete sufficient drains for the purpose of thoroughly draining or purifying the said workmens houses and removing all manner of nuisance therefrom and to bear the expense of keeping the said drains in repair in so far as opposite to or intersectuing 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 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 to 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 there from to be repaired or removed all at his or their expense, but also in the event foresaids 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 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 there on 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 of me or my foresaids without any declaration 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 company 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 feuduties 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 other 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 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 two: To be holden, the said 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 and estate for the time as immediate lawful superiors of the same, in feu forum fee and heritage for ever. . . .
Feu duty £7.10.0 per annum
. . . Paying therefor yearly the said The Pumpherston oil company limited and their foresaids to me or my foresaids the sum of Seven pounds ten shillings sterling in name if feuduty payable at two terms in the year Whitsunday and Martinmas by equal portions beginning the first terms payment at Martinmas next for the half year preceding and the next terms payment at Whitsunday thereafter, and so forth continuing in the regular and punctual payment of the said feuduty, yearly and termly in all time to come, with interest at the rate of five pounds per center 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 and their foresaids in the right of the said subjects: And for that purpose I oblige myself and my foresaid to make the same, to the extent of a legal progress forthcoming to the said The Pumpherston oil company and their foresaids on all neccessary occasions, on a receipt and obligation for redelivery thereof, within a reasonable time and under a suitable penalty: And I assing the rent: And I bind myself to free and relieve the said The Pumpherston oil company and their foresaids of all feuduties and casualties payable to or eligible by me superiors of said piece of ground now and 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 inly in so far as consistent with the said act of Parliament and no further: And I direct that the whole of theses 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, fouling which the same shall be null and void: And I consent to the registration hereof for preservation: In Witness whereof.