Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 21
Part 21 of 59, (pages 183-192), feu charter, ground for officials cottages, Seafield, 1907
Comp'd in works book
Feu Charter between Trustees of alte Sir John Pender and The Pumpherston oil company limited. Ground for officials cottages. Seafield.
Dated 21st & 22nd Feburary Reg'd 2nd March 1907
We, Sir John Denison Pender, K.C.M.G residing at Six Grosvenor crescent, London, the right honourable John Hay (commonly called Lord John Hay) G.C.B, residing at Fulmer place, Slough in the county of Buckingham, Admiral of the Fleet, and Alexander Robertson Hardie of Electra house, Moorgate in the city of London, secretary of the eastern telegraph company, the surviving, remaining and assumed trustees & executors of the decease Sir John Pender G.C.M.G of eighteen Arlington street, in the parish of saint George hanover square in the county of London and of Seafield Blackburn and Whitehill in the parish of Livingstone and county if Linlithgow, nominated and appointed by and acting under his last will and testament dated thirty first July eighteen hundred and ninety and with five realtive codicils thereto annexed dated respectively thirty first July eighteen hundred and ninety, thirty first July nineteen hundred and ninety, eighteenth April eighteen hundred and ninety, thirtieth November eighteen hundred and ninety one and fifteenth February eighteen hundred and ninety five proved and registered in the principal registry of the probate division of her late majesty's high court of justice in England upon the twenty eight day of July eighteen hundred and ninety six and relative Indenture or deed of appointment made on the eleventh day of July nineteen hundred and four between us the said Sir John Denison Pender and Lord John Hay of the one part and me the said Alexander Robertson Hardie of the other part which indenture or deed of appointment I the said Alexander Robertson Hardie was appointed to be a trustee under the said will and codicials in the place of Richard Enfield of Bramcote in the county of Nottingham who had resigned office and as such trustees heritable proprietors of the subjects hereinafter disponed in consideration of the feu duty and other prestations after specified do hereby sell and in few farm dispone to and in favour of The Pumphertson oil company Limited, incorporated under "The companies acts 1862 to 1880 and 1883 and having their registered office at one hundred and thirty five Buchanan street, Glasgow, and their successors and assignees whomsoever heritably and irredeemably but always with and under the reservations conditions, provisions declarations, obligations irritant and resolutive clauses and real liens and burdens and others hereinafter specified all and . . .
. . . whole that piece of ground extending to one road thirty one poles twelve square yards and two tenths part of a square yard or thereby imperial measure part of the lands and estate of Seafield lying within the parish of Livingstone and county of Linlithgow which piece of ground is bounded as follows: . . .
. . . On the south west, north west and north east by other parts of the said lands of Seafield at present let to Robert Sommerville and in the occupation of Gavin Mitchell along which it extends respectively one hundred and eighty feet, one hundred and one feet six inches and one hundred and eighty feet or thereby, and on the south east by the high road leading from Blackburn to Livingstone along which it extends respectively one hundred and fourteen feet six inches or thereby all as the said piece of ground is delineated and coloured red upon the plan annexed and signed as relative hereto together with our whole right title and interest in the dominium utile of the said subjects: Reserving always (but without prejudice to the rights of the mineral tenants under any subsisting mineral lease) to us as trustees foresaid and our successors and assignees whomsoever the whole coal, shale, freestone, limestone, ironstone, fireclay and all other mines metals minerals fossils and others in the said piece of ground and the right of working the same: And declaring that these presents are granted and shall be accepted with and under the following conditions restrictions provisions reservations and other namely (First that the said the Pumpherstojn oil company limited or their foresaids shall be bound and obliged within six months from the date hereof to erect (in so far as not already done) and complete upon the said piece of ground above disponed two cottages of a superior class to be used only as dwelling houses and each cottage shall be for the occupation of one family only and be put to no other purpose whatsoever and which cottages shall be erected in conformity in all respects wiht plans and specifications thereof to be submitted to and approved of in writing by us as trustees foresaid or our foresaids or our or their authorized surveyor before the erection of the said cottage is proceeded with and thereafter to maintain the same in good and sufficient repair and of the annual value of at least double the amount of the feu duty hereinafter stipulated for: . . .
. . . And further to keep the same constantly insured against loss by fire with a repsectable insurance company to the extent of at least three hundred pounds and to exhibit reciepts for the premium on such insurance whenever called upon so to do by us or our foresaids and in the event of the destruction by fire or otherwise of such cottages either in whole or in part to re-erect or restore the said cottages to the amount of the yearly value beforementioned and to apply all sums received in respect of said insurance towards the re-erection or re-instatement of such cottages: But declaring that the said Pumpherston oil company limited or their foresaids shall not be at liberty to erect on the piece of ground hereby disponed buildings of any other characted than thoses hereby permitted without the consent in writing of us as trustees foresaid or our foresaids previoulsy had or obtained: And it is hereby specially provided and declared and that without prejudice to what is before written that in the event of any buildings of any other character than those hereby permitted being erected at any time on the piece of ground hereby disponed without the consent in writing of us or our foresaids previously had or obtained or in the event of the cottages of the yearly value foresaid not being erected before the expiry of six months from the date hereof upon the said piece of ground or in the event of the said the Pumpherston oil company limited failing at any time to keep cottages of the yearly value foresaid in good tenantable or sufficient repair standing upon the piece of ground hereby disponed then and in either of those events this present feu right and all that has followed thereon shall in the option of us as trustees foresaid or our foresaids be void and null without any declarator or process of law for that effect. . . .
. . . (Second) That the said the Pumpherston oil company limited shall be bound to enclose the ground hereby disponed with good and sufficient walls to be approved of by us and our foredsaids which walls shall be erected wholly on the ground hereby disponed and the same so far as adjoining any public road at present in existence or that may hereafter be constructed shall consist of a wall of stone and lime not less than four feet in height above the level of the centre of said road and the said the Pumpherston oil company limited shall be bound to maintain the said walls in good and sufficient repair. (Third) That the said the Pumpherston oil company limited and their foresaids shall relieve us as trustees foresaid and our foresaids of all claims at the instance of our farm tenant in respect of the resumption of the ground hereby feued excepting such abatement of rent as he amy be entitled to (Fourth) That it shall not be lawful to nor in the power of the said the Pumpherston oil company limited or their forsaids to erect or carry on within the bounds of said piece of ground hereby disponed any brewery, tan work, distillery or other noxious manufacture or chemical process not to erect limekilns or smelting houses or furnaces or retorts within any part thereof . . .
. . . nor otherwise to use the piece of ground hereby disponed in any way which may be deemed a nuisence nor to sell or deal in any spirituous or intoxicating liqours or carry on any hotel inn or public house upon the piece of ground hereby disponed or in the buidlings thereon except with the special consent in writing of us as trustees or our foresaids. . . .
. . . (Fifth). That the said the Pumpherston oil company limited and their foresaids shall be bound to keep in proper repair the whole of the footpaths and gutters or waterchannels adjoining or intersecting the said piece of ground hereby disponed as also the one half of the road or roads opposite to the said piece of ground or fronting any side thereof where the ground on the opposite side of such road or roads shall have been feued for building puposes and the whole of such road or roads where the ground on the opposite side of such road or roads shall not have been feued for said purposes or until such ground shall have been so feued and that to the satisfaction of us as trustees foresaid or our foresaids . . .
. . . and further the said he said the Pumpherston oil company limited and their foresaids shall be bound to form and complete sufficient drains for the purpose of thoroughly draining and purifying the said cottages 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 ot intersecting the ground hereby disponed (Sixth) In case the said Pumpherston oil company or their foresaids shall fail in the fulfilment and observance of the provisions and obligations herein written or any of them it shall not only be in the power of us as trustees foresaid and our foresaids to do everything which may be necessary for enforcing the same and compelling the same or any of them to be carried into effect or any damage or inconvenience arising therefrom to be repaired ro removed all at their expense but also in the option of us as trustees foresaid or our foresaids every act or deed of contravention of the said provisions or obligations or any of them with all that has followed or which may follow thereon shall ipso facto become void and null and the said piece of ground hereby disponed with the buildings thereon shall thereupon return to us as trustees foresaid and our foresaids without the necessity of any declarator or process of law for that effect but without prejudice to our legal rights and remedies against the said The Pumpherston oil company limited and their foresaids for payment of the byegone feu duties and (Lastly) In the event of the said he Pumpherston oil company limited or their foresaids deserting the possession of the said piece of ground hereby feued and buildings erected or to be erected thereon for the space of two years or in case two years feum duty shall remain due when a third becomes payable, then and in either of these cases these presents shall in the option of us as trustees foresaid or our foresaid ipso facto become null and void as if the same had never been granted and it shall be lawful for us as trustees foresaid and our foresaids without ant declarator or process of law to take possession of the said subjeects 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 thereof to the said The Pumpherston oil company limited, or their foresaids or liable to any process of intrusion bith of which the said The Pumpherston oil company limited, 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 us as trustees foresaid and our foresaids to demand and uplift from the said the Pumpherston oil company limited and their forsaids the feu duties that shall remain unpaid when such an event may take place: All which reservations, conditions, restrictions, provisions, obligations, declations and other above written are hereby declared real burdens upon and affecting the said piece of ground hereby disponed and are appointed to be inserted in any notarial instrument to follow hereon and to be inserted or validly referred to in and future deeds of transmissions, decrees, instruments and other writs of or relating to the said piece of ground or any part therof 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 second day of July nineteen hundred and six notwithstanding the date hereof to be holden the said piece of ground by the said the Pumpherston oil company limited and their foresaids as immediate lawful superiors of the same in feu farm fee and heritage for ever paying therefore yearly the said the Pumpherston oil company limited and their foresaids to us as trustees foresaid and our foresaids . . .
Feu duty £4-9-3
. . . the sum of four pounds nine shillings and three pence sterling in name of feu duty at two terms in the year Whitsunday and Martinmas by equal portions beginning the first terms payment thereof at the tem of Martinmas nineteen hundred and six for the period preceeding and the next terms payment thereof at Whitsunday following and so forth half yearly termly and proportionally at the said two terms in the year in all time thereafter with a fifth part more of each terms payment of liquidate penalty in case of failure in the punctual payment thereof and with interest at the rate of five per centum per annum on each terms payment from the time the same falls due until paid: And we as trustees foresaid 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 said subjects and for that purpose we as trsutees foresaid oblige ourselves and our foresaids to make the same to the extent of a legal progress and clear searches for the prescriptive period forthcoming to the said the Pumpherston oil company limited and their foresaids on all necessary occasions on a receipt and obligations for redelivery thereof within reasonable time and under a suitable penalty: And we bind and oblige ourselves as trustees foresaids and our foresaids to free and relieve the said he Pumpherston oil company limited and their foresaids of all feu duties and casualties payable to or exigible by our superiors in said piece of ground now and in all time coming and of all public and parachial burdens due from or on accout of said piece of ground prior to the said term of entry: And we as trustees foresaid grant warrandice but from our own facts and deeds only and we bind the trust estate under our charge and the beneficiaries interested therein in so far as we have power to do so in absolute warrandice: And we as trustees foresaid 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 of the delivery hereof to the said company failing which the same shall be null and void: And we as trustess foresaid consent to registration hereof for preservation: In Witness Whereof.