Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 15
Part 15 of 59, (pages 161-163), feu charter, land for hall at Deans, 1905
Feu Charter = Ground for hall at Deans.
Dated 28th Sept 2nd Oct 1905 Reg'd 6th Oct 1905
I James Henry Cowan of Boghall in the county of Linlithgow, Colonel in the Royal Engineers, heritable proprietor of the subjects aftermentioned, in consideration of the feuduty and other presentations after stipulated do hereby at the request and with consent of William Fraser of Scotston Pollockshields, Glasgow for all interest competent to him in the premises sell and in feu farm dispose to and in favour of the Pumpherston oil company limited incorporated under the companies acts 1862 to 1880 and 1883 and having its requested office at number one hundred and thirty five Buchan Street Glasgow, and their assignees whomsoever, heritably and irredeemably, . . .
. . . all and whole that triangular plot or area of ground forming part of the forum of Deans on said estate of Boghall and bounded as follows videlicet:- On the north or north east by the public road leading from Livingston Railway station to the Edinburgh and Bathgate road along which it extends three hundred and fifty feet or thereby: . . .
. . . On the West and also partly on the North by other portions of the said farm of Deans along which Western boundary it extends one hundred and thirty feet six inches or thereby, on the South by the March dyke separating the said farm of Deans from the estate of Livingston along which it extends three hundred and twenty five feet or thereby and extending said plot or area of ground to two roads imperial measure or thereby and lying in the parish of Bathgate and county of Linlithgow, as the said plot or area of ground is laid down and coloured pink on the plan annexed and signed as relative hereto; . . .
. . . With entry as at the date hereof: Reserving to me and my heirs and successors in said estate the whole coal, shale, limestone, ironstone, freestone and other stone, and all other mines, metals, minerals and fossils within or under the plot or area of ground hereby disponed, and full power to us and our tenants to work, win and carry away the same at pleasure without any compensation or damages being due by us to the said The Pumpherston oil company limited on account of or in connection with said operations: But the said plot or area of ground is disponed for the purpose of the erection by the said William Fraser and the said The Pumpherston oil company limited of a hall thereon for the use of the miners and others connected with the works of the said The Pumpherston oil company limited, . . .
. . . in accordance with plans to be previously submitted to and approved of by me; and the said The Pumpherston oil company limited shall be bound within one year from date of those presents to erect along the boundaries of said plot or area of ground stone walls or other good and sufficient fences to be prescribed or approved of by me and to maintain the same in good and sufficient condition and state of repair in all time thereafter; and it shall not be in the power of the The Pumpherston oil company limited or their foresaids to use the said piece of ground except under express agreement with the superior, for the erection of any shop or other building for the sale of exciseable liquors, or to carry on any work or manufacture thereon; Which reservation and conditions are hereby declared real and preferable burdens upon and affecting the plot or area of ground hereby disponed and are appointed to be inserted or validly referred to in all future deeds of transmissions and other writs of or relating to the said subjects, otherwise such deeds and other writs shall be void and null. And I hereby direct those presents to be recorded ad longum in the appropriate division of the register and the recorded deed exhibited to my law agents within six months from the last date hereof: To be holden the said plot or area of ground of and under me and by heirs and successors in feu farm fee and heritage for ever: . . .
Feuduty £2.10.0 First payment
. . . Giving therefore yearly the said The Pumpherston oil company limited to me and my foresaids the sum of two pounds ten shillings sterling in name of feuduty payable at the term of Whitsunday in each year beginning the first payment thereof at the term of Whitsunday nineteen hundred and six for the period preceding that term and so forth at the term of Whitsunday yearly thereafter, with a fifth part more of each terms payment of liquidate penalty in case of failure in the punctual payment thereof, and interest at the rate of five pounds per centrum per annum from the term of payment of the same, . . .
Feu duty:- £2.10/- to be paid at Whitsunday 1930 and every 25th year thereafter, over and above feuduty
. . . and further paying to me and my foresaids the sum of two pounds ten shillings sterling at the term of Whitsunday nineteen hundred and thirty, and at the like term in every twenty fifth year thereafter and that over and above the feuduty of the year with penalty and interest as before provided: As also to pay and relieve me and my foresaids of the proportion of ministers stipend and augmentations thereof offering to the plot or area of ground hereby disponed and all other public and parochial burdens and assessments imposed or that mayn be imposed on or become due and payable in respect of the same: And I assign the writs but to the effect only of maintaining and defending the said The Pumpherston oil company limited and their foresaids in the right of the subjects hereby disponed 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 and their foresaids at their expense on all necessary occasions and that on a receipt and obligation to redeliver the same within a reasonable time and under a suitable penalty: And I assign the rents and bind and oblige myself and my foresaids to free and relieve the said disponeses of all feuduties and casualties or sums of money in lieu thereof payable to my superiors now and in all time coming and of all public or parochial burdens or assessments eligible prior to said term of entry: And i grant warrandices: And I consent to the registration hereof for preservations In Witness Whereof: