Description

Part 6 of 59, (pages 91-94), lease of workers housing at Deans. Starlaw, and Stable Row,1897

See index of all sixty leases and agreements contained in this volume.

(Feu contract between Mr Fraser & Col Cowan dated 13th & 27th April & reg'd 17/5/1897 (written in faint pencil))

Lease Between the William Fraser and the Pumpherston Oil Co Ltd

dated 12th January 1987

Houses now purchased by Pumpherston Company

Minute of lease between William Fraser of Scotston Pollockshields and twenty four Saint Vincent place Glasgow, proprietor of the subjects hereinafter mentioned, First party and the Pumpherston oil company Limited, incorporated under the companies act 1862 to 1880 and 1883 and having its registered office at twenty four Saint Vincent place Glasgow: Second party : the first party has let and hereby lets to the second party but excluding assignees and subtenants (other than a subtenant occupying only one separate house) except with the consent in writing of the first party or his successors, . . .

Description of houses

. . . first those thirty six workmens houses at Deans oil works known as Deans pows and the cottage between them and the Bathgate road in the parish of Bathgate and County of Linlithgow situated on that portion of Mayor Cowan's Boghall estate lying to the north of the Edinburgh and Bathgate railway, (second) those thirty one workmens houses known as Starlaw rows situated to the south of said railway and on said estate and (third) those mine workmen's houses known as stable rows also situated to the south of said railway and on said estate and all which houses and cottage are shown on then plan attached and signed as relative hereto with the garden plots attached to each and all of said houses and cottage hereby let and the pertinents of said houses and with access thereto respectively by the present roads or paths, so far as the first party has right to or to confer such access and that for the period and on the terms and conditions following videlicit: . . .

First. Duration of Lease and Entry

. . . The term of duration of this lease shall (subject to the provisions contained in article second hereof) be for (first)

the period from ninth July eighteen hundred and ninety five to Whitsunday nineteen hundred and twenty five and (second) for such further period thereinafter as the second party or their successors (tenants under this lease) may continue to be tenants or possessors of the Bituminous minerals in said Boghall estates under any renewal or . . .

Second. Termination of Lease

. . . extension of their present or any future lease or other right of possession from the said Major Cowan or his successors in said estate notwithstanding what is expressed in article first hereof it shall be in the power of the second party or their successors, tenants under this lease in the event of (but only in the event) their electing to terminate and de facto terminating and permanently abandoning the tenancy possession and working the shale and other minerals in said portion of Major Cowans Boghall estate at any Martinmas term at which the lease of such minerals may be terminated in virtue thereof to terminate this lease at the same Martinmas term, but only after they shall have given to the first party or his successors six months previous notice in writing of their intention so to do: . . .

Third. Rent

. . . The rent to be paid by the second party and their successors for the subjects hereby let shall be at the rate of three hundred and thirty two pounds ten shillings per annum. The said rent shall be payable half yearly of Martinmas (eleventh November) and Whitsunday (fifteenth May) in each year with interest at five percent on each termly payment from the date when it falls due till paid: The first payment of rent shall be exigible at Matinmas eighteen hundred and ninety five for the period of possession before that term and shall be the amount actually collected by the second party from the occupants of said houses: The next terms payment being two hundred and nineteen pounds seven shillings and sixpence shall be exigible at Whitsunday eighteen hundred and ninety six for the half years possession proceeding that term: . . .

Fourth

. . . Fourth: In addition to said rent the second party and their successors shall make payment, and so free and relieve the first party and his successors of and reimburse him or them for all taxes, rates or other annual burdens (but excluding feu duty and property tax) imposed or which may hereafter be imposed

upon or be exigible from the first party or his successors as proprietors (whether in fee simple or as lessees under a long lease) of the subjects hereby let: If such taxes, rates or burdens shall be actually disbursed by the first party or his successors the second party and their successors shall be bound to repay him and his successors the amount thereof whenever demanded, with interest at five per cent thereon from the date of demand till paid: . . .

Fifth

. . . The second party and their successors shall accept the subjects hereby let in their present condition as in good tenantable order and repair and they shall be bound to up keep and maintain during the currency of this lease and at its expiration to leave the subjects hereby let in good tenantable order and repair - it being hereby expressly provided and agreed to that the whole expense of the upkeep and repair of the subjects hereby let shall be borne by the second party and their successors, whether such repair shall be requisite in consequence of external or internal wear or damage or of mining operations and that the first party shall not be bound to expend any money thereon or to keep the houses hereby let wind and watertight. . . .

Sixth. Purchase of houses

. . . It shall be in the power and option of the second party or their successors at any term of Whitsunday or Martinmas during the subsistence of this lease and whether before or subsequent to Whitsunday nineteen hundred and twenty five and after giving to the first party or his successors a least six months previous notice in writing of their intention so to do to require the first party or his successors to sell to them the subjects hereby let and that with entry at such term of Whitsunday or Martinmas and at a price to be determined by two neutral valuators one to be appointed by the first party or his successors and the other by the second party or their successors or in the event of such valuations differing in opinion by an oversman to be appointed by them: The price when so ascertained shall be payable as at said term of entry with interest thereon at six per cent per annum from said term of entry paid: The title be granted by the first party in exchange for payment of the price shall being with the feu contract or feu charter or building

lease which the first party has still be obtain from said Major Cowan, . . .

Seventh

. . . nothing contained in this lease shall affect the rights of the first party as owner of the subjects hereby let and competent to him against the second party as tenants under a mineral lease between Major Cowan and the second party arranged but not yet executed or their successors in said mineral lease or any renewal or extension thereto: . . .

Eighth. Disputes

. . . In the event of any disputes or difference arising between the parties as to the true intent and meaning of this lease or the due implement thereof all such disputes and differences shall be referred to the amicable decision of the Dean for the time being of the faculty of Procurators in Glasgow whom failing by declinature or inability to act the president for the time being of then Institute of Chartered Accountants in Glasgow whose decision partial, interim or final shall be conclusive and bending on both parties and (Lastly) both parties bind themselves and their respective successors to implement their respective part of this lease to each other and consent to registration hereof for preservation and execution: In witness whereof.