Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 31
code: 183537-31
Description
Part 31, (pages 257-260), lease of three fields on Deans farm, 1909
See index of all sixty leases and agreements contained in this volume.
Compared In works book (m)
Three fields on Deans Farm
Dated 23rd June 1909
Dated 20th Oct 1909
(Arrangements terminated as at whitsunday 1938 compensation paid under the award & Decree & Arbotrail by D.McLagan?W M Robertson arbiters dated 15th & 20th May 1941. (See pages 320 & 370 of this book) See also pages 65/68 in book No.3.)
Agreement for lease between James Henry Cowan of Boghall, Colonel in the Royal engineers, herein called the first party, on the one part, and the Pumpherston pol coy Ltd, having their registered office at one hundred and thirty five Buchanan Street, Glasgow, herein called the second parties of the other part:
The said parties considering that the second parties are tenants of the minerals in the estate of Boghall, in the Parish of Bathgate and county of Linlithgow, belonging to the first party under a lease entered into by and between them of even dates herewith commencing at Martinmas nineteen hundred and seven, that they were also formerly sub-tenants (under the agricultural tenant of the farm of Deans on said estate) of three fields, part of said farm situated (said fields) immediately on the east and north of the works of the second parties at Deans and between the works and the march with Livingston estate and (to a small extent) the public road, on the east and having the road leading from the said public road westward to Deans farm steading as the north boundary, being the fields or enclosures marked numbers two hundred and twentyone, on the recent large ordnance survey sheet containing said estate, and extending the said three fields (after deducting from the acreage thereof as stated in said ordnance survey sheet (1) the portion of the smallest (being the westmost) of said fields now covered by the refuse bing at said works, and (2) the portion of the eastmost field at the extreme eastern point thereof at the said public road and extending to two roads or thereby of ground recently feued to the second parties as the site for a hall . . .
Acreage
. . . to thirty two acres or thereby, be the same more or less (the extent of same not being guaranteed) under an arrangement which, in consequence of the termination then of the said agricultural tenant's lease, came to an end at Martinmas nineteen hundred and six, when the farm, excep the portions thereof which are occupied by the said works of, or which have been from time to time taken by the second parties in connection with the working of said minerals, will be let for agricultural purposes under a new arrangement, and that the parties hereto have arranged that an agreement for the lease of said fields should be entered into between them to the effect that the rent at present payable as aforesaid, and hereinafter stipulated, shall be paid by the second parties to the first party direct, at the terms, for the period, and on the conditions underwritten: Therefore the parties have agreed and do hereby agree, and bind and oblige themselves and their respective representations whomsoever, as follows, videlicet:- . . .
First.
. . . The first party hereby lets to the second parties and their assignees or sub-tenants (the second parties notwithstanding of the granting of any assignation or sub-lease remaining liable for all obligations incumbent on the leases under these presents in the same manner as if no such assignation or sub-lease had been granted) but excluding all trustees, managers or factors for behoof of creditors whether of the lessees under those presents or of any assigneed or sub-tenants, as aforesaid, the said three fields situated and described, and with the exceptions as aforesaid the measurement however, not being guaranteed (excluding the minerals therein) . . .
Duration.
. . . And that for the space of nineteen years as from and after the term of Martinmas nineteen hundred and six, and . . .
Rent.
. . . That at the yearly rent of Forty eight pounds payable by the second parties and their foresaids to the first party and his successors in said estate by equal portions at the terms of Whitsunday and Martinmas in each year beginning the first terms payment thereof under these presents( in so far as not already paid) as at the term of Whitsunday nineteen hundred and seven, and the next at Martinmas thereafter for the two previous half years possession respectively, and so forth half yearly and termly thereafter during the endurance of this agreement, with interest at the rate of five pounds per centum per annum on each terms payment while the same remains unpaid. The second parties shall also pay all the public and local rates taxes and other burdens exigible for tenants in respect of the subjects hereby let. . . .
Second.
. . . Notwithstanding the said period of endurance, it shall be in the power of the second parties to bring this agreement to a termination at the term of Martinmas nineteen hundred and ten and at the like term of Martinmas occurring every three years thereafter . . .
Breaks.
(Cannot be given up unless at same time as mineral lease.)
. . . On giving to the first party six months previous written notice of their intention to terminate this agreement. As however, the power and privilege of so bringing this agreement to an end is conferred upon the second parties as being in conformity with the foresaid mineral lease it shall not be in the power of the second parties to take advantage of any of the said breaks before provided un less they are at the same time taking advantage of the corresponding break in the foresaid mineral lease and relinquishing the said mineral field thereby let to them. . . .
Third.
(How fields are to be kept)
. . . The fields if not kept in pasture shall be cultivated and cropped according to the most approved rules of good husbandry capability of the soil being considered and they shall not be run out by improper culture or penury of manuring. . . .
Fourth.
Fences
. . . The second parties shall accept the fences of the said fields in the condition in which they at present are and they shall not be entitled to require the first party to be at any trouble or expenses in connection therewith, but on the contrary they shall during the currency of the lease maintain and at its termination leave there fences as in good and sufficient fencible condition as they were at Martinmas nineteen hundred and seven. . . .
Fifth.
. . . Notwithstanding any damage done to the surface of the said fields by smoke or fumes from the second parties works or damage or danger caused to the pasturing or cultivation thereof, through the mineral workings, it shall not be in the power of the second parties to bring this agreement to an end on any of these accounts or to claim or be entitled to any compensation or abatement of rent in respect of such damage, for both of which the second parties shall as well in relation to sub-tenants from them and others as with the first party and his foresaids, accept the full responsibility. . . .
Sixth.
. . . This agreement is entered into without prejudice to the first party's right to claim and the second parties liability to pay to the first party the rents or compensation at present exigible in respect of the other portions of said farm (as well as portions of other farms on the estate) in the possession of the second parties and occupied by or in connection with their works, but such rent or compensation shall still be payable as hitherto: In Witness whereof.