Description

Part 8 of 59, (pages 113-119), lease of ground for sidings at Pumpherston, 1904

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

Ground for Sidings, Pumpherston

dated 4th October 1905, reg'd 18th Nov'r 1905

It is contracted and agreed between the parties following videlicet:- Charles Gibson McLagan Esquire of Pumpherston, residing at Dunfallandry , Pitlochrie, Perthshire, on the one part and the Pumpherston oil company Limited incorporated under the companies Acts 1862 to 1880 and 1883 on the second part in manner following: That is to say whereas the said Charles Gibson McLagan is heir of entail in possession and as such heritable proprietor of the entailed lands and estate of Pumpherston, Calder bank, Broadyetts and Fortneuk and others in the counties of Edinburgh and Linlithgow of which lands and estate the price of ground after described form a part: And whereas the said Charles Gibson McLagan on the sixteenth day of December nineteen hundred and four presented a petition to the Lords of Council and session setting forth inter alia the power of granting Feus and long leases conferred by the Act 11 and 12 Victoria cap.36 entitled "An act for the amendment of the laws of entail in Scotland " and 16 and 17 Victoria cap 94 entitled "An act to extend the benefits of the act of the eleventh and twelfth years of her present majesty for the amendment of the law of entail in Scotland" and 45 and 46 Victoria cap 53 entitled "The entail (Scotland) Act 1882" and particularly setting forth the provisions contained in sections 24 and 36, sections 6 and 13 and sections 4 of these acts respectively and praying for authority inter alia to grant in favour of the said The Pumpherston oil company limited a lease of a portion of the said entailed estate hereinafter describing the portion first described in the schedule appended to said petition and delineated and coloured pale red upon the plan therewith produced, being number nineteen of process and titled "Plan of ground (1) Proposed to be feued or leased to the Pumpherston oil company limited and (2) for which general powers of feuing and leasing are desired " all agreeable to the provisions ascertained in the said acts thereanant: And whereas after certain procedure which followed upon the said petition

the said Charles Gibson McLagan was authorised and empowered Inter alia to enter into a lease of said portion of the said entailed lands and estate herein after described with the said The Pumpherston oil company limited for a period not exceeding ninety nine years at an annual tack duty of six pounds sixteen shillings and three pence in the terms of these presents confirm to decree of the said Lords dated Fourteenth April nineteen hundred and five therefore the said Charles Gibson McLagan as heir of entail foresaid. In consideration of the tack duty and other prestations herein after stipulated hereby sets and in tack and assedation lets to the said the Pumpherston oil company limited and their assignees whomsoever all and whole that irregular shaped strip or price of . . .

Description of Subject and Boundaries

. . . ground lying partly to the South West of the Camps Branch of the North British railway and partly to the South West of ground already held by the said The Pumpherston oil company limited for sidings, . . .

Extent

. . . extending in all to two roads twentynine poles or thereby imperial standard measure and bounded as follows:- On the North East partly by the said Camps branch of the North British Railway ad partly by said ground held by The Pumpherston oil company limited for sidings, along which boundary in an irregular direction following the boundary of the railway and ground for sidings, it extends eight hundred and forty six feet or thereby: On the south west by other lands belonging to the said Charles Gibson McLagan along which it extends seven hundred and twenty three feet or thereby and on the south also by other lands belonging to the said Charles Gibson McLagan along which it extends one hundred and two feet or thereby: And as the said price of ground as delineated and coloured pink on the plan annexed and signed as relative hereto all lying within the parish of Mid Calder and county of Edinburgh: And it is declared that the measurement above stated is hereby acquired in by both parties hereto, be the same more or less: . . .

Duration

. . . And that for the space of seventy eight and half years from and after the term of Whitsunday nineteen hundred and four notwithstanding the date hereof: Reserving always to the said Charles Gibson McLagan and

his heirs and successors in the said entailed lands and estate the whole coal, shale, freestone, limestone, ironstone, fireclay and all other mines, metals, minerals, fossils and others within the piece of ground hereby leased, and full power and liberty to them or any person or persons authorised by them to search for, work, win and carry away the same: Which tack the said Charles Gison McLagan binds and obliges himself and the heirs of entail succeeding to him in the said entailed lands and estate (but not his other heirs and representatives) to warrant all all hands but only in so far as consistant with the said Acts of Parliament and these presents and no further: For which courses and on the other part, the said The Pumpherston oil company limited, bind and oblige themselves and the whole stock and funds of the said company and their successors and assignees to make payment to the said Charles Gibson McLagan or his heirs and successors in the said entailed lands and estate . . .

Tack Duty £6.16.3 (payable at two terms in year)

. . . of the sum of six pounds sixteen shillings and three pence sterling yearly in name of tack duty, and that at two terms in the year, Whitsunday and Martinmas by equal portions; beginning the first terms payment of the said tack duty as at the term of Martinmas nineteen hundred and four for the half year preceding and the next terms payment Whitsunday following and so forth half yearly and termly thereafter during the currency of this lease, except as regards the rent for the last half years possession, which shall be paid along with the rent for the preceding half year, with a fifth part more of liquidate penalty for each terms failure in punctual payment and the interest of the said tack duty at the rate of five pounds per centum per annum from the respective terms of payment thereof during the net payment of the same: And further the said The Pumphertson oil company limited bind and oblige themselves and their foresaids immediately on their entry to the said price of ground . . .

Fences

. . . to enclose the same with a good and substantial fence of such nature and construction as shall be approved of by the said Charles Gibson McLagan or his foresaids

and keep it so enclosed during this lease, and also within twelve months to have erected upon the piece of ground hereby let railway sidings and other connected therewith, and such buildings as they may desire to erect thereon, of the value of at least three hundred and fifty pounds and that in conformity in all respects with a plan and specification thereof to be submitted to and approved of in writing by the said Charles Gibsob McLagan or his foresaids and thereafter to maintain the same during the currency hereof in good and substantial condition and repair, and of the annual value of at least double the tack duty herein stipulated; it being hereby specially provided and declared and that without prejudice to what is before written that this lease shall, in the option of the said Charles Gibson McLagan or his foresaids, be void whenever there shall not be buildings or work or sidings of the value foresaids, kept in good tenantable and sufficient repair, standing upon the price of ground hereby let, without any declarator or process of law for that effect, which piece of ground shall be used as an access to the works of the said The Pumpherston oil company Limited by railway sidings and buildings connected therewith and for no other purpose without the express consent of the said Charles Gibson McLagan or his foresaids; And in the event of any question or questions of nuisance or illegality connected with the said buildings or works erected or placed on the said piece of ground or erected on the adjoining lands let under previous leases, being at any time raised by any person or persons whatever the said The Pumpherston oil company limited bind and oblige themselves and their foresaids to free and relieve the said Charles Gibson McLagan and his foresaids of and from all liability and damage in respect thereof, whether such questions be raised directly against the said Charles Gibson McLagan and his foresaids or only indirectly affect them, but in the event of any such question or questions arising, if the same shall be insisted on si as to render it impossible for the said The Pumpherston oil company limited to continue to use the ground hereby let and other lands previously let for the purpose or any of them for which they shall then be

in use by them, then and in that event, so soon as the said The Pumpherston oil company limited are so prevented from using the same, it shall be in the option of the said The Pumpherston oil company limited to bring this lease or said other leases as the case may be to an end at any term of Whitsunday or Martinmas thereafter during the existence of such question or questions on giving to the said Charles Gibson McLagan or his foresaids one months previous intimation in writing of their intention so to do; . . .

Breaks

. . . And declaring further and irrespective of what is herein before expressed, that it shall be in the power of the said The Pumpherston oil company limited and their foresaids to bring this lease to an end at the term of Whitsunday nineteen hundred and twenty three on giving to the said Charles Gibson McLagan or his foresaids six months previous intimation in writing of their intention so to do; And the said The Pumpherston oil company limited also bind and oblige themselves and their foresaids to free and relieve the said Charles Gibson McLagan and his foresaids . . .

Damages

. . . of all claims for loss and damage to crops, or for unexhausted manures, and all other claim competent to the agricultural tenants of the piece of ground hereby leased, in consequence of this lease having been granted, excepting claims for abatement of rent; . . .

Purchasing of buildings etc.

. . . And further it is hereby agreed that the proprietors shall have the option of taking over and purchasing the whole buildings and works and machinery if any thereon and sidings which may be on said piece of ground at the expiry of this lease and that at a valuation by two arbiters to be mutually chosen by the proprietors and tenants or by an oversman to be named by the said arbiters in case of their differing in opinion, and in case the proprietor shall not avail himself of said option then the said The Pumpherston oil company limited bind and oblige themselves and their foresaids at the expiry of this lease to remove the whole buildings, works, machinery and sidings which may be erected on thesaid piece of ground and to restore the ground hereby let to its present arable condition or to pay the said Charles Gibson McLagan or his foresaids therefor at the rate of twenty

years purchase of the agricultural value of the adjoining undamaged lands the ground notwithstanding such payment remaining the property and in the possession of the said Charles Gibson McLagan or his foresaids; And in the event of the said The Pumpherston oil company limited and their foresaids desenting the possession of the said piece of ground and buildings or other erected or to be erected thereon for the space of two years, or in case two years tack duty shall remain due when a third becomes payable or shall in any other respect fail to implement or shall contravene any of the conditions, provisions and restrictions hereinbefore contained, then and in any of these events, theses presents and all transmissions thereof, with all that has followed or can competently follow thereon, shall in the option of the said Charles Gibson McLagan or his foresaids ipso facto become null and void, as if the same had never been granted and it shall be lawful for the said Charles Gibson McLagan or his foresaids without any declaration or process of law, to take possession of the said subjects and to sell and dispose thereof as his or their own property or let the same to tenants and uplift the rents thereof without being accountable therefor to the said The Pumpherston oil company limited or their foresaids or liable to any process of intrusion, both of which the said The Pumpherston oil company limited for themselves and their foresaids do in any of the events foresaid by acceptation hereof discharge and renounce and also that it shall be lawful to the said Charles Gibson McLagan and his foresaids to demand and uplift from the The Pumpherston oil company limited or their foresaids the tack duties that shall remain unpaid when such an event may take place and which irritancy is hereby declared to be pactional and not penal and shall not be purgeable at the bar: . . .

Removal

. . . And the said The Pumpherston oil company limited bind and oblige themselves and their foresaids to remove from the subjects hereby leased at the expiry of this Jack without any previous warning or process of removing: And the said The Pumpherston

oil company limited bind and oblige themselves and their foresaids to relieve the said Charles Gibson McLagan and his foresaids of all public and parochial burdens imposed or to be imposed on the subjects hereby leased from and after the said term of entry: And both parties consent to the registration hereof for preservation and execution and also to registration in the division of the General Register of Sasines applicable to the county of Edinburgh in which last register of these presents are not recorded on or before the first term of Whitsunday or Martinmas which shall happen six months after the last date hereof the same shall be null and void: In Witness whereof.