Description

Part 9 of 59, (pages 120-126), lease of ground for Pumpherston refinery extension, 1905

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

Ground for Paraffin Refinery Extension - Pumpherston

dated 4th - 17th October 1905, reg'd 18th Nov 1905

It is contracted and agreed between the parties following, videlicit, Charles Gibson McLagan Esquire of Pumpherston residing at Dunfallandy, Pitlochrie, Perthshire on the one part and The Pumpherston oil company limited incorporated under the companies acts 1862 to 1880 and 1883 and having its registered office at number one hundred and thirty five Buchanan street, Glasgow, on the other 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, Broadgetts, and Fortneuck and others in the counties of Edinburgh and Linlithgow of which lands and estates the piece of ground after described forms a part: and whereas the said Charles Gibson McLaggan 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 building leases conferred by the Act 11 and 12 vic cap 36 entitled "an act for the amendment of the law of entail in Scotland "and 16 and 17 vic. Cap 94 entitled "and 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 vic cap 53 entitled "The entail (Scotland) act 1882" and particularly setting forth the provisions contained in sections 24 and 36, section 6 and 13, and section 4 of these acts respectively, and praying for authority to grant feus or building leases of the portions of the said entailed lands and estate delineated and coloured blue upon the plan entitled "paln 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 descied? "therewith produced but under exception of the portions thereof which had already been feued or let upon building lease, all agreeably to the provisions contained in said acts thereanent. And whereas after certain procedure which followed upon the said petition the said Charles Gibson McLaggan was authorised and empowered

to grant feus or building leases of the portions of the said entailed lands and estate so delineated on said plan (excepting as aforesaid) whereof the price of ground and others after described are a part on the terms after set forth: And in so far as regards building leases inn the form of these presents conform to act and warrant and decree of the said lords dated Fourteenth April nineteen hundred and five: And now seeing that the said The Pumpherston oil company limited have made offer for a building lease of the said piece of ground hereinafter described, being part of the said portions of the said entailed lands and estates which the said Charles Gibson McLagan has been authorised to feu or lease as aforesaid, and that upon the conditions aftermentioned: Therefore the said Charles Gibson McLaggan as heir of entail foresaid, on consideration of the tack duty and other prestations hereinafter stipulated hereby sets and in tack and assedation lets to the said The Pumpherston oil company limited and their assignees all and whole that . . .

Extent

. . . strip or piece of ground lying to the south east of ground already held on lease by the said The Pumpherston oil company limited extending to one acre and one hundred and seventeen decimal or one thousandth parts of an acre or thereby imperial standard measure and bounded as follows: . . .

Boundaries

. . . On the northwest by said ground held by the said The Pumpherston oil company limited along which it extends six hundred and eighty nine feet four and one half inches or thereby; On the south west by other lands belonging to the said Charles Gibson McLagan along which it extends following the line of plan aftermentioned ninety four feet or thereby; On the southeast by other lands belonging to the said Charles Gibson McLagan along which it extends seven hundred and twelve feet five and one half inches or thereby; And on the east by ground held by the said The Pumpherston oil company limited along which it extends seventyone feet three inches or thereby, all as the said piece of ground is 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 acquiesced in by both parties hereto, be the same more or less; . . .

Duration

. . . And that for the space of seventyseven and half years from and after the term of Whitsunday nineteen hundred and five 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 persons or persons authorised by them to search for, work, win and carry away the same, which jack the said Charles Gibson 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 representations) to warrant at all hands, but only in so far as consistent with the said acts of Parliament and theses presents and no further; For which causes 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, . . .

Jack Duty £11.3.4 (payable half yearly)

. . . of the sum of eleven pounds three shillings and fourpence 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 five for the half year preceeding, and the next terms payment at 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 preceeding 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 hereof during the not payment of the same: And further the said The Pumpherston oil company limited bind and oblige themselves and their foresaids immediately on their entry to the . . .

Fence

. . . said piece of ground 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 foresaid 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 others connected therewith, and such buildings as they may desire to erect thereon of the value of at least six hundred pounds sterling and that incomformity in all respects with a plan and other specifications thereof to be submitted to and approved of in writing by the said Charles Gibson 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 works or sidings of the value foresaid kept in good tenantable and sufficient repair standing upon the piece of ground hereby let without any declaration or process of law for that effect; Which piece of ground shall be used as an access to the works of the said The Pumperston oil company limited by railway sidings and buildings connected with said works or sidings and for no other purpose, without the consent of the said Charles Gibson McLagan or his foresaids; And in the event of any question or questions of nuisence or illegality connected with said buildings or works erected or placed on the foresaid piece of ground or erected or placed on the adjoining land 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 affecting them but in the event of any such question or question arising, if the same shall be insisted on so 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 intermation in writing of their intention so to do: 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 . . .

Breaks

. . . at the term of Whitsunday nineteen hundred and twenty three, on giving to the said Charles Gibson McLagan or his foresaid 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 crop or for some unexhausted manures and all other claims competent to the agricultural tenant of the piece of ground hereby leased in consequence of this lease having been granted excepting claims for abatement of rent: . . .

Purchase of buildings by proprietor

. . . 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, therein and sidings which may be on the said piece of ground at the expiry of this lease, and that at a valuation by two arbiters to be mutually chosen by the proprietor 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 . . .

Removal

. . . to remove the whole buildings, works, machinery and sidings which may be erected on the said piece of ground and to restore the ground hereby let to its present arable condition or to pay to 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 or their foresaids deserting the possession of the said piece of ground and buildings or others 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 herein before contained, then and in any of these events these presents and all tranmissions thereof with all that has followed or can competently follow herein shall in the option of the said Charles Gibson MaLagan 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 their own property . . .

or his see page 118 line 18?

. . . or to let the same to tenants and uplift the rent thereof without being accountable thereof 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 acception 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 said The Pumpherston oil company limited and their foresaids the tack duties that shall remain unpaid when such an event may take place; And which viritancy? Is hereby declared to be pactional and not penal and shall not be purgeable at the bar: 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 tack without any previous warning or process of removing: . . .

Removal

. . . And further the said The Pumpherston oil company limited bind and oblige themselves and their foresaids to relieve the said Charles Gibson McLagan and his foresaid of all public and parschial? Burdens imposed or to be imposed on the subjects hereby consent from and after the said term of entry: And both parties consent to the registation hereof for preservation and execution: And also to registration in the division of the general register of insines applicable to the said county of Edinburgh in which last register if these presents are not recorded on or before the first term of Whitsunday or Matinmas which shall happen six months after the last date hereof the same shall be null and void. In Witness Whereof