Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 26
Part 26 of 40, (pages 230-234), feu charter, ground for bowling green at Deans, 1908
In works book.
Feu Charter by Col.J H Cowan in favour of The Pumpherston oil Co. Limited Ground for Bowling Green at Deans
Dated 1st August Reg'd 14th August 1908
to be compared if there are any error, groundworks.
I, Colonel James Henry Cowan of Boghall in the county of Linlithgow in the County of Linlithgow heritable proprietor of the subjects aftermentioned in consideration of the feu duty and other prestations after stipulated do hereby sell and in fue form dispone to and in favour of the The Pumpherston oil company limited incorporated under "The companies act 1861 to 1880 and 1883" and having its registered office at no135 Buchanan street, Glasgow
. . . and their assignees whomsoever heritably and irredeemably All and Whole that plot or area of ground extending to six thousand six hundred and sixty six decimal or ten thousandth parts of an acre or thereby imperial measure, forming, . . .
. . . part of the farm of Deans on my said Estate of Boghall and bounded as follows. Vizt: On the east or north east partly by the wall or fence bounding recently feued by me to the said The Pumpherston oil company limited as the site for a hall, along which it extends one hundred and thirty feet or thereby and partly by the public road leading from Livingston railway station to the Edinburgh and Bathgate road along which it extends thirty eight feet six inches or thereby and on the north and west by other portions of the said farm of Deans along which norther boundary it extends one hundred and sixty four feet or thereby, and along which western boundary it extends one hundred and sixty eight feet or thereby and on the south by the march dyke separating the said farm of Deans and Estate of Boghall from the estate of Livingston along which it extends one hundred and seventy four feet or thereby, and lying in the Parish of Bathgate and county of Linlithgow as the said plot or area of ground is laid downward and coloured pink on the plan annexed and signed as relative hereto: . . .
. . . With entry as at the term of Whitsumday nineteen hundred and eight nothwithstanding the date hereof, reserving to me and my heirs and successors in said estate the whole coal, shale, limeston, 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 being formed by the said The Pumpherston oil company limited into a bowling green and its accessories and used and enjoyed as such by the miners and other employed in and about the works of the said company and their friends, as an adjunct to the hall recently erected by the said company on the said ground adjoining on the east: And the said The Pumpherston oil company limited shall be bound as by acceptance hereof they bind and oblige themselves within one year from the date of these presents . . .
. . . to erect along the boundaries of the said plot or area of ground so far as not already done 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 also to keep the said piece of ground and the said bowling green and accessories thereof in a neat, trim and orderly condition to the satisfaction of the superior for the time: And it shall not be in the power of the said company or their foresaids to use the said piece of ground except under express agreement with the superior for any other purpose than that for which it is intended as aforesaid . . .
Erection of Clubhouse
. . . except for the erection thereon of a clubhouse or other building usual and necessary in connection with a bowling green: But it is hereby provided that if hereafter it shall be found that the said plot of ground cannot in the opinion of my disponees or their foresaids be advantageously obliged for the purpose hereinafter expressed and if the parties hereto or their successors cannot agree upon another purpose for which it may be used, it shall be in the power of the said The Pumpherston oil company limited or their successors for the time, owners of the said plot of ground, . . .
. . . to require me the said James Henry Cowan or my successors in the superiority thereof, to accept a reconveyance by said company or their foresaids of said plot of ground, with entry as at the term of Whitsunday or Martinmas occurring first after the date of such reconveyance, promised that said company or their foresaids shall if so required by me or my successors restore the said plot of ground to an agricultural condition, . . .
. . . or in their option, pay to me and my foresaids compensation at the rate of thirty five pounds per acre in lieu of such restoration and in that event, and on my or my foresaids declining to accept and record such reconveyance for publication, themselves to cause such reconveyance to be recorded in the appropriate division of the register of sasines on behalf of the disponee or in some other way to extinguish the feudal relation then subsisting between me or my foresaids on the one hand and the said The Pumpherston oil company limited or their foresaids on the other in relation to said plot of ground from and after said term of entry – all obligations prestable against the feuers at, or prior to, said term of entry being always previously duly implemented: Which reservations, obligations, and conditions are hereby declared reals 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 transmission and writs of or relating to the said subjects otherwise such deeds and other writs shall be null and void: And I hereby direct these presents to be recorded ad longum in the appropriate division of the register of sasines and the recorded deed exhibited to my law agents within six months of the date hereof: To be holden the said plot or area of ground of and under me and my heirs and successors in fue form and heritage for ever. . . .
. . . Giving therefor yearly the said The Pumpherston oil company limited to me and my foresaids the sum of three pounds six shillings and eightpence sterling (being at the rate if five pounds per acre) 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 nine and that for the years possession up to 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 ortum(?) per annum from the term of payment during the non-payment of the same and further paying to me and my foresaids the sum of three pounds six shillings and eightpence sterling at the term of Whitsunday nineteen hundred and thirty three . . .
Double feu duty every 25th year
. . . and at the like term in every twenty fifth year thereafter, and that over and above the feu duty 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 augmentation thereof refering to the plot or area of ground hereby disponed and all other public and parochial burdens and assessments imposed or that may be imposed on or become due and payable in respect of the same: And I assign the writs but to the effect only if 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 diponees of all feu duties and casualties or sums of money in lieu thereof payable to my superiors now and in all time coming and of all public and parochial burdens or assessments eligible prior to said term of entry: And I grant warrandice: And I consent to the registration hereof for preservation: In Witness Whereof