DISP. by SCOTTISH OILS, Limited To John S. Hutchison.
AT EDINBURGH the Twelfth day of October, Nineteen hundred and thirty three between ten and ten thirty forenoon the Disposition underwritten with Warrant of Registration thereon was transmitted by Post and presented by W. J. McManus, Register of Sasines and is with said Warrant of Registration recorded as follows, viz:-
WE SCOTTISH OILS LIMITED incorporated under the Companies Acts 1908 to 1917 and having our registered office formerly at One hundred and thirty five Buchanan Street, Glasgow, and now at Fifty three Bothwell Street, there, heritable proprietors of the subjects hereinafter disponed, IN CONSIDERATION of the sum of One hundred and fifty pounds sterling paid to us by John Stevenson Hutchison, Retired Carpet Weaver, residing sometime at Three hundred and seventy eight London Road, Glasgow, and now at Lawhead Croft, Tarbrax, by Edinburgh, as the price of the said subjects, of which sum we hereby acknowledge the receipt and discharge him, DO HEREBY SELL AND DISPONE to and in favour of the said John Stevenson Hutchison and his heirs and assignees whomsoever, hereitably and irredeemably, ALL and WHOLE that plot of ground lying in the Parish of Carnwath and County of Lanark and extending to One acre and six hundred and twenty eight decimal or one thousandth parts of an acre or thereby Imperial Standard Measure and bounded on all sides by other parts of the lands of Lawhead belonging to us along which it extends as follows, videlicet:-
Commencing at the point marked "A" upon the plan after mentioned on the South South West thirty feet or thereby; on the East South East forty five feet or thereby; again on the South South West seventy four feet or thereby; on the West North West twenty six feet or thereby; on the North North East six feet or thereby; on or towards the North West thirty two feet or thereby following the curve; again on the West North West twenty two feet or thereby; again on the South South West two hundred and seventy nine feet or thereby; again on the West North West one hundred and fifty five feet six inches or thereby; on the North North West sixty six feet or thereby; again on the North North East two hundred and eighty seven feet or thereby; on the East seven feet or thereby; on the East by North seventy six feet or thereby; on the South East seventy two feet or thereby; again on the East South East fifty four feet or thereby; again on the East by North nine feet or thereby; again in the North North east thirty feet or thereby and again on the East South East twenty feet or thereby on an imaginary line taken across the access road leading to Lawhead Croft aforesaid to the said point marked "A" upon the said plan, all as the said plot of ground hereby disponed is delineated and shown within the boundaries coloured green on the plan annexed and signed as relative hereto; which plot of ground is part of the Lands of Lawhead, Tarbrax, lying within the Parish and County aforesaid; Together with the dwelling house known as Lawhead Croft and the whole other buildings and erections on the said plot of ground hereby disponed, whole parts, priviledges and pertinents thereof and, subject to the reservations aftermentioned, our whole right, title and interest, present and future, therein; But the subjects hereby disponed are so disponed always with and under the burdens, stipulations, reservations, conditions, provisions, obligations and declarations hereinafter written, videlicet:- (First) There are excepted and reserved to us and our successors as owners thereof all coal, ironstone, fireclay, marl, shale and limestone and all mines, metals, minerals and stone of every description which may be found in or under the said plot of ground hereby disponed with full power to us and our foresaids and our and their tacksmen or others in our or their name to work, win and carry away the said mines, metals, minerals and other substances hereby excepted and reserved and to do everything necessary for working, winning and carrying away the same (including power to lower the surface of the said plot of ground hereby disponed) but declaring that we and our foresaids shall not be entitled to sink pits in the said plot of ground hereby disponed and in the event of any damage (whether by subsidence, draw or otherwise) being caused to the plot of ground hereby disponed or to the buildings erected or to be erected thereon or to the water with which the same may be be supplied or to the drainage thereof or otherwise in any manner of way by or through any past working of the said coal, ironstone, fireclay, marl, shale and limestone or any of them or other mines, metals, minerals or stone under or near the same no claim for damage or recompense shall, on such account, lie or be competent to our said disponee and his foresaids against us or our foresaids or our or their tacksmen or other persons deriving right from us or them; declaring however, that we and our foresaids shall be bound to compensate the said disponee and his foresaids for any such damage caused by any working of the said minerals or any of them subsequent to the date of entry hereinafter mentioned; and (Second) our said disponee and his foresaids shall pay to us and out forsaids in respect of the water supply to the said subjects hereby disponed, the quality, sufficiency, or continuance of which is not in any way guaranteed, the sum of One pound per annum payable at Whitsunday yearly so long as such supply is continued; declaring that our said disponee and his foresaids shall acquire no right of property in the said water supply or relative pipes and appliances, but we assign, so far as we can competently do so, to and in favour of our said disponee and his foresaids, the servitude of a supply of water to the said house known as Lawhead Croft (formerly known as the Gardener's House) erected upon the plot of ground hereby disponed by the existing supply pipe thereto created by the Disposition granted by Thomas Skene Esson and George Francis Dalziel, both Writers to the Signet in Edinburgh, in favour of the Education Authority of the County of Lanark dated the Seventh and recorded in the Division of the General Register of Sasines applicable to the County of Lanark on the Eleventh, both days of April Nineteen hundred and twenty one, our said disponee and his foresaids being always bound to maintain the cistern situated in the outhouse at Lawhead Mansion House and the supply pipe leading from said cistern to the said Lawhead Croft; And we also assign, so far as we can competently do so to our said disponee and his foresaids the right of access reserved by the said Disposition along the line of said pipe so far as within the plot of ground so disponed to the said Education Authority by the said Disposition for the purpose of cleaning, maintaining, and, if necessary, renewing the said pipe and said cistern, our said disponee and his foresaids being always bound to make good any damage done to the surface of the said plot of ground disponed to the said Education Authority by his and their operations; and our said disponee and his foresaids shall also maintain in a thorough and complete state of repair all connections and fittings within the subjects hereby disponed; all which burdens, stipulations, reservations, conditions, provisions, obligations, declarations, and others hereinbefore written are hereby declared to be real liens and burdens upon and affecting the said plot of ground hereby disponed and, as such, are hereby appointed to be inserted or validly referred to in all future conveyances, deeds, decrees, instruments or otherwise of or relating to the said plot of ground hereby disponed or any part thereof otherwise the same shall be void and null; With entry as at the term of Whitsunday Ninteen hundred and thirty two notwithstanding the date hereof; And we assign the writs, but in respect that the same relate also to other subjects of greater value than these hereby disponed, they are not herewith delivered, but we bind and oblige ourselves and our foresaids to make the same so far as in our possession furthcoming to our said disponee and his forsaids on all necessary occasions on the usual receipt and obligation to redeliver the same within a reasonable time and under a suitable penalty and to take the person or persons to whom we may ultimately deliver the same bound in a similar obligation, and we assign all rights competent to us quoad the subjects hereby disponed to have all other and prior writs made furthcoming; And we assign the rents; And we bind ourselves and our successors in the remainder of the said Lands of Lawhead belonging to us to free and relieve our said disponee and his foresaids of all feuduties and stipend payable for the said Lands now and in all time coming and also to public burdens due at and prior to the said date of entry; And we grant warrendice; And we certify that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds Five hundred pounds; And we consent to registration hereof for preservation: IN WITNESS WHEREOF these presents consisting of this and the four preceeding pages are (under the declaration that the word "other" is interlined so as to be read between the word "whole" and "buildings" occurring in the ninth line of Page Second hereof) together with the Plan annexed hereto, executed by us, by being sealed with our Common Seal and subscribed for us and on our behalf by William Fraser and Roberton Crichton, two of our Directors and by Robert Wilson Meikle, our secretary all in terms od Subsection four of Section Twenty nine of the Companies Act 1929 at Glasgow on the Sixth day of October Nineteen hundred and thirty three. (Signed) W. Fraser Director Robert Crichton Director R. W. Meikle, Secretary (L.S.)
Register on behalf of the within named John Stevenson Hutchison in the Register of the County of Lanark. (Signed) Miller Thompson Henderson & Co. Solicitors, Glasgow, Agents.