Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 20
Part 20 of 59, (pages 178-182), building lease, ground at Livingston station, 1909
Comp'd in works book.
Building lease between Earl of Rosebery and The Pumpherston Oil Co'y Ltd. Piece of ground at Livingston station.
Dated 11th February 14th December 1908
Reg'd 21st January1909
It is contracted agreed and ended between the parties following videlicet:- The Right Honourable Archibald Philip Earl of Rosebery, Knight of the garter and Knight of the Thistle, heir of entail in possession of the entailed lands and estate of Livingstone and other of which the subjects hereinafter let form part, of the first part, and The Pumpherston oil company limited incorporated under the companies acts eighteen hundred and sixty two to eighteen hundred and eighty and eighteen hundred and eighty three and having their registered office at one hundred and thirty five Buchanan street Glasgow, of the second part, as follows:- That is to say, the said Earl of Rosebery has set and inconsideration of the tack duty and other prestations aftermentioned and in virtue of an Act of Parliament passed in the tenth year of the reign of His Majesty King George the third chapter fifty, one entitled "An act to encourage the improvement of lands,"tenements and hereditaments in that part of Great Britain called Scotland held under settlements of strict entail" hereby sets and in tack and assedation lets to the said The Pumpherston oil company limited and their assignees all and whole that piece of ground coloured pink on the plan annexed hereto and . . .
. . . subscribed as relative hereto these presents extending to one acre and three thousand one hundred and thirty seven decimal parts of an acre imperial measure or thereby, situated in the field being the second to the north of Livingston Railway Station in the Parish of Livingstone . . .
. . . bounded on the west or south west by the ground already let on building lease to the second parties along which it extends one hundred and five feet or thereby on the north or north west by a roadway along which it extends five hundred and forty five feet or thereby on the east or northeast and on the south or southeast by the remaining part of said field along which it extends on the east or northeast one hundred and five feet or thereby and on the south or southeast five hundred and forty five feet or thereby: Which piece of ground is part of the lands and estate of Livingstone and is situated in the Parish of Livingstone and County of Linlithgow but reserving always from this lease to the said Earl of Rosebery and his heirs and successors in the said lands the whole coal, shale, ironstone, limestone, freestone, marl, clay and other metals, minerals, stones and fossils of every kind under the surface of the ground hereby let, with full power and liberty to the said Earl of Rosebery and his foresaids or others having their authority to search for work, win and carry away the same, and to do everything necessary for the purposes but under this provision that it shall not be in the power of the said Earl or his foresaids to sink pits within the ground hereby let, but with power if necessary to lower the surface of the said ground and in the event of any damage being caused to the ground hereby let or to the buildings erected or to be erected thereon or to the water with which the same may be supplied or to the drainage thereof or in any other manner of way by or through the future workings of the said minerals and others or any of them under or near the ground hereby let the amount of such damage shall be ascertained by two arbiters to be mutually appointed by the parties hereto or their successors or by an oversman to be nominated by such arbiters and paid to the lessees or their foresaids by the said Earl of Rosebery or his foresaids, and . . .
Duration of entry
. . . that for the space of ninety nine years from and after the term of Lammas nineteen hundred and seven which is hereby declared to have been the date of the said The Pumpherston oil company's entry to the premises notwithstanding the date hereof: which tack with and under the reservations, conditions, and provisions before and after written the said Earl of Rosebery binds and obliges himself and his forsaids to warrant to the said The Pumpherston oil company limited and their foresaids at all hands and against all mortals as law will: For which causes and on the other part the said The Pumpherston oil company limited bind and oblige themselves and their successors to make payment to the said Earl of Rosebery and his heirs, executors or assignees, or to his or their factors or chamberlains of the . . .
Jack Duty £10-10-2
. . . sum of Ten pounds ten shillings and two pence sterling of yearly rent or jack duty for the ground hereby let (being at the rate of eight pounds per imperial acre) and that at two terms in the year Whitsunday and Martinmas by equal portions beginning the first terms payment (being the sum of two pounds twelve shillings and six pence) at the term of Martinmas nineteen hundred and seven for the period preceding and the next terms payment (being the sum of five pounds five shillings and one penny) at Whitsunday thereafter for the half year preceding and so forth half yearly and termly during the currency of this lease with a fifth part more of each terms payment and the interest of each terms payment of said rent at the rate of five pounds per centrum per annum for the respective terms payment till paid and further bind and oblige themselves ad their foresaids to pay all public parochial and local burdens including poor rates than may be imposed on the said piece of ground or on the buildings to be erected thereon as aftermentioned and also to keep the said buildings regularly insured against loss or damage by fire: And it it hereby declared that the said piece of ground is hereby let soley for the purpose of the erection thereon by the lessees of houses with or without shops and for no other purpose whatever and in particular that no tavern or alehouse or house or shops for the sale of excisable liquors shall be kept thereon, and their foresaids bind themselves to erect on the piece of ground hereby let forthwith houses ( with or without shops) built of stone and lime, or brick and lime, and slated with blue slates, with necessary offices at a total cost of not less than five hundred pounds sterling and according to plans to be submitted to and approved of by the proprietor or his factor for the time in writing and they shall not be entitled to erect any other buildings on the said piece of ground without the express consent in writing of the proprietor or his factor and any such additional buildings shall be erected in accordance with plans to be submitted to and approved of by the proprietor or his factor for the time being: And the said The Pumpherston oil company limited bind and oblige themselves and their foresaids to keep the whole buildings to be erected on the piece of ground hereby let in good order and in good tenantable and sufficient repair during the whole currency of this lease renewing and rebuilding the same . . .
. . . if necessary as also to enclose the said piece of ground with sufficient fences to the satisfaction of the proprietor or his factor and to maintain the same in good order and repair during the currency hereof and also to settle with the agricultural tenant for all damage to growing crop and for unexhausted manure or other claim at his instance in relation to these presents and it is hereby provided that if the said The Pumpherston oil company limited or their foresaids shall act in any way contrary to these presents this lease and all following thereon shall in the landlords option be null and void and all buildings and other erections which may be then on the ground shall revert and belong to the said Earl of Rosebery or his foresaids without any compensation whatever and without prejudice thereto it is hereby in terms of said act declared that this lease shall be void if one dwelling house at the lease not under the value of ten pounds sterling shall not be built within the space of ten years from the date hereof for each one half acre of ground hereby let that the said houses shall be kept in good tenantable and sufficient repair and that this lease shall be void whenever there shall be or less number of dwelling houses than on, of the value aforesaid, to each one half acre of ground, kept in such repair as aforesaid standing upon the ground hereby leased, and at the termination of this lease the said The Pumpherston oil company limited bind themselves and their foresaids to flit and remove from the said piece of ground without any warning or process of removing but it is provided and declared that they shall leave the whole dwelling houses and offices, fences, drains and other which may be erected on the said piece of ground in terms of the foregoing stipulations (which they shall be bound to have in good order and repair) to the said Earl of Rosebery or his foresaids and that without any compensation being paid therefore, and both parties bind themselves to perform their respective parts of the premises to each other under the penalty of one hundred pounds sterling to be paid by the party failing to the part performing or willing to perform the same and that over and above performance: And they consent to registration hereof for preservation and execution: In witness whereof