Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 27
Part 27 of 59, (pages 235-240), feu charter, ground for workers houses, Woolfords, 1908
In works book
Feu Charter by James Hamilton and MatthewG.Hamilton, Woolfords in favour of The Pumpherston oil coy. LtdGround for workman's houses
Dated 11th & 13th May Reg'd 26th May 1908
in wks book to be compared
The James Hamilton, Esquire of Woolfords, and residing at Avondale Albany Park, Lanark and Matthew Gemmell Hamilton, residing at Woolfords, Cobbinshaw, Lanarkshire, heritable proprietors of the lands of which the subjects hereby feued form a part, In consideration of the feu duties and other prestations hereinafter stipulated to be paid, do hereby, with and under the reservations, provisions, conditions, obligations and declarations hereinafter expressed, sell, alienate and in feu form dispone from us and our successors in the ground hereby feued to and in favour of The Pumpherston oil company limited incorporated under the companies acts 1862 to 1880 and 1883 and having their registered office at No. 135 Buchanan street, Glasgow and their successors and assignees whomsoever, (all hereinafter referred to as "The Feuars") . . .
. . . heritable and irredeemably all and whole that piece of ground extending to one acre and twenty seven one hundredth parts of an acre imperial measure or thereby and bounded as follows videlicet on the north and west and southeast by other ground belonging to us along whicit extends on the north one hundred and ten feet or thereby: on the west five hundred and forty feet or thereby and on the southeast one hundred and thirty feet three inches or thereby; and on the east by the public road leading from Carnwath to West Calder, along which it extends four hundred and seventy feet or thereby: which piece of ground (hereinafter referred to as "the feu") is delineated and coloured red on the sketch or plan thereof annexed and subscribed as relative hereto, and is part of the lands of Woolfords, in the parish of Carnwath and county of Lanark; Together with access to said feu by the said road leading from Carnwath to West Calder and in no other way excepting and reserving to us and our heirs and successors the whole coal, shale, ironstone, limestone and other stone, and all mines, metals and minerals of every description, within or under the feu and full power, but always without entering upon the feu, to let and work the substances hereinbefore reserved, and in so doing to lower the surface of the fue all without being liable in recompense to the feuars for any loss or damage caused to the feu or buildings erected or to be erected thereon, or to the water with which the same may be supplied, or to the drainage thereof, by the workings of the said reserved substances: and declaring that the before written exception and reservation is without prejudice to all leases and missives or agreements for lease, of the said reserved substances or any of them, entered into between us and the feuars; and further declaring that these presents are granted with and under the following provisions, considerations, obligations and declarations, which are hereby declared to be real liens and burdens affecting the feu and are appointed to be recorded as a part of these presents, and to be inserted or legally referred to in all future deeds affecting the feu otherwise the same shall be null and void videlicet:- . . .
Erection of houses
. . . Primo: The feuars shall erect by the term of Whitsumday nineteen hundred and eight on the feu, and thereafter in all time coming maintain in good order and repair, tenements or a row of dwelling houses, with necessary offices, which tenement or houses shall be not more than two storeys in height above the level of the ground and shall follow building lines to be pointed out by us: . . .
Footpath and water channel
. . . Secundo. The feuars shall lay and thereafter maintain along the east boundary of the feu a hornised(?) or paved footpath of a suitable width and shall also form and maintain along the east boundary thereof a kerb and water channel for surface water: . . .
. . . Tertco. The feuars shall within one month from the date of these presents erect and thereafter in all time coming maintain along the north and west and south east boundaries of the feu and wholly thereon sufficient fences to keep out live stock of every description, and shall also so far as necessary erect and in all time coming maintain a sufficient fence along the east boundary thereof: . . .
. . . Quarto: the fences shall upon the conditions after specified have the privilege of taking for the use of the occupants of the feu and of the buildings thereon water from the spring situated on the east side of said road from Carnwath to West Calder and to the south east of the few, from which spring woolfords house, farm, steading, and cottages and the houses known as "Woolfords Rows are presently supplied, but the water required for Woolfords house steading and cottages and Woolfords rows shall, subject to what is hereinafter expressed, be provided at all times preferably to the water required for the feu and buildings thereon, and the feuars shall not be entitled to injure the supply of water to woolfords house, steading, cottages and rows: And on the event of the feuars exercising the privilege hereby conferred upon them, they shall be bound entirely at their own expense in all cases. . . .
Water storage tank
. . . (First) to maintain and when necessary repair enlarge and renew the present storage tank near the said spring, which tank will be used for the water supply of Woolfords house, steading, cottages and rows, as well as the houses on the feu, and the said tank shall be so constructed and the supply of water required by the feuars shall be so withdrawn from the tank . . .
2000 gallons to be left in tank
. . . that there will always be two thousand gallons of water in the tank for the supply of Woolfords house, steading and cottages below the level of the supply pipe of the feuars, and not subject to be drawn upon for Woolfords rows, but subject always to the said spring yielding the supply of water requisite for there being two thousand gallons in said tank: . . .
. . . (Second) to provide all works and machinery, plant and appliances and the motive power required for raising the water to the said tank, into which it is at present pumped by a wind mill which use shall be entitled to remove when it is suspended by the works and others above mentioned: (Third) to constantly and efficiently carry on the work of pumping or raising from said spring water in sufficient quantities into said tank for the supply of Woolfords house, steading, cottages and rows and also of the buildings on the feu provided the quantities are yielded by said spring: and (Fourth) to construct, lay and maintain all necessary pipes and other works, except the pipe from the said tank to Woolfords steading and the whole works shall be constructed and maintained, and the raising of the water carried on, all at the expense of the feuars as aforesaid to our satisfaction, and the feuars shall pay compensation for all damages which mat be done in the construction, repair, maintenance, enlargement and renewal thereof or arising there from in any manner of way: Quinto the feuars shall upon the conditions after specified have the privilege entirely at their own expense and risk of conveying from the feu and discharging upon the ground situated upon the east side of said public road from Carnwath to West Calder and to the east or south east of the feu and by the sewer pipe, the settling tank and the distributing pipes the positions of which are all shown by red line on the said plans, the surface water from the feu, and water water from sinks and washing houses and closets, provided always that the superiors do not in anyway undertake that the levels are suitable for such drainage, and . . .
. . . that the feuars at their own expense before any such water is discharged into any stream or burn, cause the same to be purified by means of a suitable tank or tanks or other works on said ground and they shall not be entitled to create any nuisance and shall be liable for all surface and other damages done by them, and shall free and relieve the superiors of all claims which maybe made against them; and the whole works necessary (including the cover upon such tank or tanks) shall be constructed and maintained at the expense of the feuars to the satisfaction of the superiors: Sexto: the feuars shall be bound to insure the said buidings against loss by fire in a well established insurance office to be approved of by the superiors to the extent of not less than three fourths of the estimated value thereof, and shall keep up the said insurance, and exhibit the receipts for the premiums to the superiors when required: and in the event of the said buildings or any part thereof, being burned or taken down, the feuars shall be bound within twelve months thereafter to rebuild the same. Septimo. The feuars shall not be entitled at any time to use the buildings erected or to be erected on the feu for the sale of spirituous or intoxicating liquors or for any purpose which may be calculated to injure the amenity of the place, or be deemed a nuisance in law, or occasion disturbance or annoyance to the neighbourhood: Octavo the feuars shall be bound to register this feu charter in the appropriate division of the general register of sasines within six months after delivery thereof otherwise the shall be void and null. No no. If the feuars shall at any time hereafter infringe or fail to observe ant of the above conditions, provisions and obligations it shall be competent to us or those in our right to apply to the judge ordinary to enforce implement thereof at the feuars expense or in the option of us and our successors not only shall every act and deed of contravention be null and void but also these presents and all that has followed thereon shall be ipso facto null and void: . . .
. . . With entry as at first July nineteen hundred and seven notwithstanding the date hereof: To be holden the said piece of ground of and under us and our heirs and successors as immediate lawful superiors of the same in feu form fee and heritage for ever: . . .
. . . for payment to us and our heirs and successors of the sum of six pounds seven shillings sterling yearly in name of feu duty, payable at the term of Whitsunday yearly beginning the first terms payment at the term of Whitsunday nineteen hundred and eight for the period prior to that date, and the next terms payment at the term of Whitsunday nineteen hundred and nine for the year preceding, and so forth yearly and termly thereafter in all time coming with a fifth part more of liquidate penalty in case of failure in the punctual payment of said feu duty, and the interest at the rate of five pounds per centum per annum from the time the same becomes due till paid: . . .
Double feu duty every 25th year.
. . . And also for payment to is or our foresaids of the fixed sum of six pounds seven shillings at the term of Whitsunday nineteen hundred and thirty two and at the term of Whitsunday at the expiry of every successive period of twenty five years thereafter and that in lieu of all casualties on the entry of heirs and singular successors in the said piece of ground in all time coming: With interest and penalty as before provided with reference to the non-payment of the foresaid feuduty: And we assign the writs, but to the effect only of maintaining and defending the feuars in the right of the said subjects, and for that purpose we bind ourselves and our foresaids to make the same to the extent of a legal progress forthcoming to the feuars at their expense in all necessary occasions upon a receipt and obligation for redelivery thereof within a reasonable time and under a suitable penalty: And we assign the rents; and we bind ourselves and our foredsaids to free and relieve the feuars of all feuduties and casualties payable to our superiors now and in all time coming, and also to relieve them of all public and parochial burdens due from or on account of the feu prior to the said term of entry, the feuars being bound to free and relieve us and our foresaids of all such public and parochial burdens from and after the said term of entry and in all time thereafter: And we grant warrandice but excepting from such warrandice the said water supply and the quantity and quality thereof, and also the said privilege of drainage for the feu: And we consent to registration hereof for preservation: In Witness whereof.