Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 24
Part 24 of 59, (pages 222-225), feu contract, additional ground at Deans works, 1908
In works book Comp'd
Feu Contract Between Colonel James Henry Cowan of Boghall and The Pumpherston oil company limited additional ground for Works at Deans
Dated 1st August 1908 14th July 1908 Reg'd 14th August 1908
It is constructed and agreed between the parties following videlicet:- Colonel James Henry Cowan of Boghall in the county of Linlithgow heritable proprietor of the subjects aftermentined, on the one 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 its registered office at number one hundred and thirty five Buchanan Street Glasgow, on the other part, in manner following: That is to say the said James Henry Cowan in consideration of the feuduty and other prestations after stipulated in feu form dispose to and in favour of the said The Pumpherston oil company limited, and their successors whomsoever, heritably and irredeemably. . . .
Description of piece of ground.
. . . All and whole the following portions of the lands and estate of Boghall in the parish of Bathgate and County of Linlithgow videlicet:- (1) that piece of ground extending to two roods and thirty five poles imperial measure or thereby lying along the east and north or north east sides of the said company's works at Deans on said estate and which piece of ground . . .
. . . is bounded on the north to the extent of one hundred and thirty feet in length or thereby and on the east by other parts of the said lands and estate of Boghall on the south partly by the said works and partly to the extent of sixty five feet in length or thereby to the fence separating the said estate of Boghall from the estate of Livingston and on the west by the said works: and (2) that other piece of ground also adjoining the said works on the north and extending to three roods and twenty eight poles and six decimal or tenth parts of a pole, imperial measure or thereby (including therein fourteen poles and six decimal or tenth parts of a pole of the ground occupied by the spent shale bing pertaining to said works) . . .
. . . and bounded on the east and south by the said works along which eastern boundary it extends one hundred and thirty seven feet six inches or thereby, and along southern boundary it extends two hundred and fifty two feet six inches or thereby from the said eastern boundary to the said spent shale heap, and thence on the south east also by the said works along which boundary it extends sixty five feet or thereby on the west partly by the said spent shale bing and partly by other portions of the said lands and estate of Boghall and on the north by other portions of the said lands and estate of Boghall along which it extends three hundred and five feet or thereby as the said portions of ground hereby disponed are respectively delineated and coloured pink on the plan subscribed as relative hereto: Reserving to the said James Henry Cowan and his heirs and successors in said lands and estate the whole coal, shale, limestone, ironstone, firestone and other stone, and all other mines, metals, minerals and fossils within or under the portions of ground hereby disponed and full power by him and his foresaids or their tenants to work win and carry away the same at pleasure, but declaring that this reservation is without prejudice to the rights of the said The Pumpherston oil company limited as tenants of the minerals in or under the ground hereby disponed: But always with and under the obligations, conditions and provisions following (First) That the subject hereby disponed are so disponed for the erection thereon of additional works for and in connection with the working of the minerals let to the said company . . .
Power to renounce feu right
. . . (second) That nothwithstanding hereof it shall be in the power and option of the said The Pumpherston oil company limited and their foresaids to renounce this feu right to and in favour of the said James Henry Cowan and his foresaids as superiors at any term of Martinmas after the execution of these presents on giving one years previous written intimation to the superiors of such their intention and on paying all feuduties and fulfilling the other prestations eligible to such term and also paying the whole expenses of the conveyance or other deed of renunciation and others which shall then be necessary for completely reinvesting the superior in the subjects hereby disponed and (third) In the event of such power of renunciation by the vassals being duly exercised and completed in the manner before provided, the whole buildings, machinery and others at present or which may hereafter be erected by the said The Pumpherston oil company limited or their foresaids on said portions of ground hereby disponed shall be held to belong to the said vassals and may be removed or disponed of by them at pleasure subject however to this provision and condition that in the event of such buildings machinery and others being removed the said . . .
Compensation for ground not restored
. . . The Pumpherston oil company limited or their foresaids shall be bound to restore the ground hereby disponed to its original agricultural condition or otherwise in their option to the superior compensation at the rate of thirty five pounds per imperial acre in lieu of such restoration, but from and after the term of Martinmas at which such notice of renunciation when given is to take effect and until said buildings, machinery and others shall have been entirely removed or after such removal, until the whole ground hereby disponed shall have been restored or the compensation in lieu of restoration paid as aforesaid, the feuduty hereinafter stipulated shall by payable and continue to be paid by the said The Pumpherston oil company limited or their foresaids with interest and penalty in case of non-payment as aftermentioned: Which several reservations, obligations, conditions and provisions before written are hereby declared real and preferable burdens upon and affecting the portions of ground hereby disponed, and are appointed to be inserted in any Notarial Instrument following hereon and to be inserted or validly referred to in all future deeds of transmission and other writs for relating . . .
. . . to the said subjects otherwise such deeds and other writs shall be void and null with entry as at the term of Martinmas Nineteen hundred and seven nothwithstanding the date hereof: To be holden the said portions of ground of and under the said James Henry Cowan and his heirs and successors in feu farm fee and heritage for ever for payment of the feuduty and preformance of the other prestations hereinafter written. And the said James Henry Cowan assigns the writ, but to the effect only of maintaining and defending the said The Pumpherston oil company limited or their foresaids in the right of the subjects hereby didponed and for that purpose he obliges himself and his foresaids to make the same to the extent of a legal progress forthcoming to the said company and their foresaids at their expense in all necessary occasions, and that on a receipt and obligation to re-deliver the same within a reasonable time and under a suitable penalty: And the said James Henry Cowan assigns the rents: And he binds himself and his foresaids to free and relieve the said The Pumpherston oil company limited or their foresaids of all feuduties and casualties or sums of money in lieu thereof payable to his the said James Henry Cowan's superiors now and in all time coming and of all public or parochial burdens or assessments exigible prior to the said term of entry: . . .
Feu Duty £16.9.6 per annum
. . . And the said James Henry Cowan grants warrandice for such causes and on the other part the said the Pumpherston oil company limited bind and oblige themselves and their foresaids to make payment to the said James Henry Cowan and his heirs, successors or assignees of the sum of Sixteen pounds nine shillings and sixpence sterling yearly in name of feuduty ( being at the rate of ten pounds per acre) for the two portions of ground hereby disponed . . .
Payable half yearly. First payment.
. . . and that at two terms in the year Whitsunday and Martimas by equal portions beginning the first terms payment thereof at the term of Whitsunday Nineteen hundred and eight and the next terms payment at Martinmas Nineteen hundred and eight for the half years immediately proceeding these terms respectively and so forth 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 interest at the rate of five pounds per centum per annum from the respective terms of payment during the nonpayment of the same: As also to pay and relieve the said James Henry Cowan and his foresaids of the propertion of ministers stipend and augmentations thereof effeiring to the subjects hereby disponed and all other public and parochial burdens and assessements imposed or that may be imposed on or become due and payable fourth of the said subjects: And also to implement and perform all other obligations, conditions and provisions incumbent on the said company and their foresaids under these presents: And both parties consent to the registration hereof for presentation and execution: In Witness whereof.