Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 16
Part 16 of 59, (pages 164-167), lease of fields on Deans farm, 1906
Three fields on Deans Farm
Dated 24th July 1906 so 11th Aug 1906
Agreement for lease between James Henry Cowan of Boghall, Colonel in the Royal Engineers, herein called the first party, on the one part and The Pumpherston oil company limited having their registered offices at one hundred and thirty five Buchanan Street Glasgow herein called the second parties on the other part . . .
Superceded - See pages 257/260
. . . The said parties, considering that the second parties are tenants of the minerals in the estate of Boghall, in the parish of Bathgate and County of Linlithgow, belonging to the first party under two leases entered into by and between them dated respectively of the twenty ninth day of January and the eleventh day of February eighteen hundred and ninety four, and the tenth and twenty fourth days of November and seventh day of December eighteen hundred and ninety six, and that they are also subtenants (under the agricultural tenant of the farm of Deans on said estate) of three fields, apart of the said farm – situated ( said fields) immediately on the east and north of the works of the second parties at Deans and between the works and the march with Livingston estate and (to a small extent) the public road on the east, and having the road leading from the said public road westward to Deans farm steading as the north boundary being the fields or enclosures marked numbers two hundred and nineteen, two hundred and twenty and two hundred and twenty one on the recent large ordnance survey sheet containing said estate, and extending the said three fields, -, after deducting from the acreage thereof as stated on said ordnance survey sheet (1) the portion of the smallest (being the westmost) of said fields now covered by the refuse bing at said works and (2) the portion of the eastmost field at the extreme eastern point thereof at the said public road, and extending to two roads or thereby of ground recently feued to the second parties as to the site for a Hall-to thirty two acres or thereby, be the same more or less, . . .
. . . (the extent of the same not being guaranteed) under an arrangement which, in consequence of the termination then of the said agricultural tenants lease, will come to an end at Martinmas nineteen hundred and six, when the farm, except the portions thereof which are occupied by the said works of, or which have been from time to time taken by the second parties in connection with the working of said minerals, will be let for agricultural purposes under a new arrangement, and that the parties hereto have arranged that an agreement for the lease of said fields should be entered into between them the the effect that the rent at present payable as aforesaid and hereinafter stipulated shall be paid by the second parties to the first party direct at the terms for the period and on the conditions under written: Therefore the parties have agreed and do hereby agree and bind and oblige themselves and their respective representatives whomsoever as follows videlicit:- . . .
. . . The first party hereby lets to the second parties and their assignees or subtenants (the second parties not with standing of the granting of any assignationor sub lease remaining liable for all obligations incumbent on the leases under these presents in the same manner as if no such assignation or sub lease had been granted) but excluding all trustees, managers or factors for behof of creditors, whether of the lessees under these presents or of any assignees or sub-tenants, as aforesaid, the said three fields situated and described, and with the exceptions, as aforesaid, the measurement, however, not being guaranteed (excluding the minerals therein) . . .
Duration of lease
. . . and that for the space of eighteen and a half years as from and after the term of Martinmas nineteen hundred and six . . .
. . . and that at the yearly rent of Fortyeight pounds payable by the second parties and their foresaids to the first party and his successors in said estate by equal portions at the terms of Whitsunday and Martinmas in each year beginning the first terms payment thereof under these presents at the term of Whitsunday nineteen hundred and seven and the next at Martinmas thereafter for the two previous half years possession respectively, and so forth half yearly and termly thereafter during the endurance of this agreement, with interest at the rate if five pounds per centrum per annum on each terms payment while the same remains unpaid: The second parties shall also pay all the public and local rate, taxes and other burdens eligible from tenants in respect of the subjects hereby let: . . .
. . . Notwithstanding the said period of endurance, it shall be in the power of the second parties to bring this agreement to a termination at the term of Martinmas nineteen hundred and seven and at the like term of Martinmas occurring every three years . . .
. . . thereafter on giving to the first party six months previous written notice of their intention to terminate this agreement: As, however, is conferred upon the second parties as being in conformity with the said mineral lease dated tenth and twenty fourth days of November and seventh day of December Eighteen hundred and ninety six (of shales etcetera north of the Edinburgh and Bathgate railway) it shall not be in the power of the second parties to take advantage of any of the said breaks before provided unless they are at the same time taking advantage of the corresponding breaks in the foresaid mineral lease dated tenth and twenty fourth days of November and seventh day of December Eighteen hundred and ninety six and relinquishing the said mineral fields thereby let to them: . . .
. . . The said fields if not kept in pasture shall be cultivated and cropped according to the most approved rules of good husbandry, capability of the soil being considered and they shall not be run out by improper culture or penury of manuring: . . .
. . . The second parties shall accept the fences of the said fields in the condition in which they at present are and they shall not be entitled to require the first party to be at any trouble or expense in connection therewith, but on the contrary they shall during the currency of the lease maintain and at its termination leave these fences in as good and sufficient fencible condition as they were at Whitsunday nineteen hundred and six: . . .
. . . Notwithstanding any damage done to the surface of the said fields by smoke or fumes from the second parties works, or damage or danger caused to the pasturing or cultivation thereof through mineral workings of the second parties or by sits causes by old workings it shall not be in the power of the second parties to bring this agreement to an end on any of these accounts or to claim or be entitled to any compensation or abatement of rent in respect of such damage or danger, for both of which the second parties shall as well in relation to sub-tenants and other as with the first party and his foresaids, accept the full responsibility: . . .
. . . This agreement is entered into without prejudice to the first party's right to claim and the second parties, liability to pay to the first party the rents or compensation at present eligible in respect of the other portions of said form (as well as portions of other farms on the estate) in the possession of the second parties and occupied by or in connection within their works, but such rent or compensation shall still be payable as hitherto: In Witness whereof