663
THE ESTATES GAZETTE
April 22, 1899.
flmottaL
Messrs. Alfred׳ and Abraham Grogan, estate agents, Manchester, have dissolved partnership.
Mr. Samuel H. Wright, F.S.A.A., of Hail Gate, Doncaster, for some years estate agent to the Manchester, Sheffield and Lincolnshire Railway Company, has just died.
Mr. H. W. Archer, hotel and tavern valuer, has removed from No. 10, Hart-street, Bloomsbury, to more convenient offices at No. 5, John-street, Bedford-row, W.C.
The partnership hitherto existing between Messrs. G. Vinio and A. J. H. Child, carrying on business as auctioneers at Warwick-court, Gray’s-inn, W.C., under the style of Hayman and Co., has been dissolved.
The marriage took place last week of Mr. Robert Battersby, eldest son of Councillor J. Battersby, J.P., of Walmersley-road, Bury, to Miss Lucy Richards, third daughter of Mr. S. Richards, surveyor, of Wivilisconfbe, Souier set.
Mr. W. H. Warner (Messrs. Lofts and Warner) will read a paper on the “ West-end ” at the next social meeting of the Institute of Estate and House Agents, to be ¡held at the Hotel de Elorence, Rupert-street, W., on Wednesday next, the 26th inst.
Mr. H. Chatfeild Clarke, F.S.I., surveyor to the Fishmongers’ Company, conducted a party of 70 members of the Architectural Association over the Fishmongers’ HaS, on Saturday, and also read a paper upon the ancient buildings at one time standing on the site of the present structure.
Messrs. Michael Faraday and Rodgers, of 77, Chancery-lane, W.C., have been appointed by the overseers of the five parishes comprising the borough of Northampton, to revalue for assessment purposes the railways, gas and water works, telephone, tramway and other public companies, boot factories, breweries, large shops, banks, clubs, hotels and over 250 public-houses.
Mr. Fraser Story, who has secured first !dace and senior medal in the Edinburgh Universitv class o’f agriculture, first place andl medal in the class of entomology, and first place in forestry, is the son of Mr. Story, of The Glen, Innerleithen, factor for Sir Charles Tennant. Mr. Story, who was medalist in last year’s forestry examination, has also gained the medal in the class of agricultural zoology at the Edinburgh School of Rural Economy.
Mr. Albert L. Guy, A.R.I.B.A., of Bedford-row House, W.C., and Lewisham, has designed the fine new premises known as the White Horse, Chislehurst, Kent, owned by Mr. C. C. Thomson. The old house was over 300 years old, and was possessed of many historical associations. The new building is built of red brick and stone, and includes a large dining room capable of seating 150 guests. There are some extremely pleasant gardens and a line bowling lawn attached to the house.
At a largely attended meeting of prominent agriculturists at the offices of Messrs. Alfred Mansell and Co., ¡Shrewsbury, on Saturday, Sir Thomas Boughey, Bart., in the chair, 'it was unanimously agreed that a committee be formed to consider what arrangements should be made to further the recognition of the services of Mr. J. Bowen-Jones to agriculture. Mr. Alfred Mansell was appointed hon. secretary, and he has issued a circular asking tor the consent of those who may serve on the committee, and inviting them to attend a meet-on May 6, to appoint a chairman, hon. treasurer, to consider the question of amount of subscription, and other business. It is hoped, in view of Mr. Bowen-Jones’s wide and varied services to agriculture, that the movement will be a thoroughly national one.
irnnmarg af Contents.
AUCTIONEERS’ INSTITUTE, (p. 664).-The annual wlut1.? ^ aSd»Sanauefc jncpnnection with theSouth r!	Monmouthshire branch was held at
0״Tuesday last, and wasatte״ ded by the hers ״fnttb(5r6 Ed״i״d!nDobson) and several mem®
toed b/lfr T ii The .™1?J“« services ren-aerea py Mr. D. T. Alexander (Messrs Stephenson and Alexander), as chairman of the branch were fittingly acknowledged by his re-election ’ The
BeTÆc (p™ 68>hOUt Were highly
BhiSo?fta?IHt^?#;l?Ti(p•	ancient and
ÎrÎ «j?™ clty, °l Bristol, Where the members of yo.rs 1“titntion will hold their pro-fext ™,eeli׳ IS described in an illustrated article under this heading The
SS
FORESTRY (p. 665)
F aS'UEE °LI) AND NEW (p■ 67«-The Brothers
^^5N^S3)№- 656)׳
MArIIIs (pH?7PlfKTr N0TES (p 6501
MBÏEÏ. FE0M THÉ MART (p. 669)
NOTES BY THE WAY (p. 670)	'
OBITUARY (p. 663).
PRIVATE TREATY SALES (p. 653)
PROVINCIAL PROPERTY SALES (n 667)
RATES AND RATING (p. 654)	<P' 667,'
SAYINGS AND DOINGS in 668).
legal ®npus.
By a Barrister.
The popularity of those comparatively novel places of residence known as “flats” continues to increase. As a natural consequence the law concerning them is constantly being added to, and the case of “ Bailey v. Fruen,” which we report in another column, is one worthy the attention both of the landlords and tenants of such premises. Though there was a counterclaim for rent, the only substantial question at issue was whether the plaintiff had fallen down the lift shaft at the building in Victoria-street through ׳his own negligence or that of the defendant’s servants. The facts were rather curious. The plaintiff stated that on one occasion, on coming back to his flat after 4 a.m.—a late, or rather an early, hour—he had opened the door of No. 108, Victoria-street with his latch-key and walked along the passage, which was not lighted, to the entrance to the lift. The door being open, he assumed that the cage was there, and stepped forward to turn on the electric light in it, when he fell down the shaft to the basement, fractured several ribs and was severely injured. It appeared that, though the door to the lift shaft was left open, the cage was not there, but had been taken up by one of the servants to an upper floor, and the acts of negligence alleged against the defendant’s servants were that the lift door had been left open in the absence of the cage, and that the premises were not properly lighted at the time. On this it is sufficient to say that the jury, after hearing the evidence, found a verdict for the defendant, for whom judgment ;was accordingly given on the claim and counterclaim. But the interesting point in the case was that in one of the defences he raised, Mr. Fruen contended that the plaintiff had made use of the lift on the occasion in question at his own risk. It appeared that the defendant’s servants were in charge of it up till 11 p.m., and after that time any tenant using the lift had to work it himself. It was not necessary to decide whether this defence was good in law, but it is almost a pity that the subject was not threshed out, so that the landlords of flats might know the precise amount of protection afforded them by a regulation of the kind if duly brought to the notice of a tenant.
In “Brown v. Fox and another,” which was recently before his Honour Judge Edge, at the Clerkenwell County Court, the facts would be of no interest to readers of the Estates Gazette, but an important point was raised as to how far it is the duty of an agent to enquire into the standing and ability of a wculd-be purchaser to complete his contract. Now, of course, if an agent introduced a person whom he knew to be insolvent, or unable to carry out his engagements, he would not only lose his commission, but would probably be liable in an action to his employer for any damage sustained by the latter. If, moreover, it could be ׳shown that ■lie had acted in collusion with the person he introduced, and that they were (say) going to share the commission between them, criminal proceedings for conspiracy against the pair might very well lie. On the other hand, it is clear that, under ordinary-circumstances, an agent does not warrant the solvency or ability of a purchaser to complete his contract. “ Keys v. Tindall” is an authority for this. That was an action against a house agent for introducing an insolvent tenant, and it was left to the jury to say whether it was part of the defendant’s retainer to make reasonable enquiry as to the eligibility of the tenant. The question was one of the facts and the evidence.
ordinary means of protection so easily given by the occupiers.” That, of course, is the usual inertia of their class, which will, perhaps, disappear with time.
This very useful Irish Game Protection Association has just issued its eight annual report, from which it appears that a considerable variety of excellent work has been done. It is obvious that such a society can do much for the reasonable protection of those sporting rights which possess great potentialities of wealth for Ireland. What shooting and fishing have done for the Highlands of Scotland we all know ; and there is no reason in the world why sport should not do quite as much for Ireland But it is an essential preliminary that the game should be encouraged and should not be thinned unduly by the depredations of unlicensed persons, or by its being taken out of season. Game preserving is a very different matter now from what it once was It is now a commercial asset of considerable importance, and ought to be looked after quite as carefully as growing crops. Ireland possesses many natural facilities for the encouragement of game ; but reasonable preserving is absolutely necessary if full advantage is to be taken of those natural aptitudes.
saving among a class which has hitherto had no very great encouragement in that direction, especially when that encouragement takes the tangible form of house property, which does not run away, and is never depressed in value because of Stock Exchange manipulation.
THE ESTATE MARKET.
At Tokenhouse-yard this week, properties of a really sound character have commanded high prices. Close upon £22 per foot was paid for a freehold site of 670ft. in Nicholas-lane, j ust off Lombard-street, this price being beyond the average for similar properties in the same neighbourhood. The purchasers were the Phcenix Assurance Company. There was a fair demand for West-end investments, a large number of which were sold at good prices. The only ground rent, of interest disposed of during the week was one of £85, fully secured upon premises in Moorgate-street, City, which was sold for £6,200, or 177 years’ purchase. There was not much business done in regard to investments of the ordinary class, owing, no doubt, to the high prices demanded.
Mr. Justice Crompton remarked that “when the owner of a house proposes to a house agent that he should find a tenant for him, it means that he should find a fit and proper tenant,” and, no doubt, prima facie, that is so; in other words, it must usually be taken to be part of an agent’s duty to make reasonable enquiry as to the purchaser’s good faith and ability to carry out the contract. In “ Passing-ham v. King,” Lord Justice Yaughan Williams seemed to put the duty of the agent higher than this, and to think that, if the purchase was not completed through the default of the purchaser, no commission was payable; but in “ Brown v. Fox,” Judge Edge pointed out that the other members of the Court of Appeal did not accept his Lordship’s view, and that it was scarcely in accordance with that of Lord Esher and Lords Justices Lopes and Kay, in “Grogan v. Smith.” In the case before him, his Honour held that the question was, Had the defendants (a firm of business transfer agents) taken reasonable care in introducing to the plaintiff the purchaser, who ultimately announced his inability to complete owing (one of the witnesses said) to “losses on the turf”1 He thought that reasonable care had been taken, and gave judgment accordingly.
bg flribate ®mt¡!.
The detached house known as Ellesmere, Southport, Lancashire, which was withdrawn at £2,100, ■at Messrs. Bentinck Saul and Co.’s auction, on the 17th inst., has since been sold for £2,200.
Messrs. Allen and Garner have now dis posed of Nos. 65, 67 and 69, Barrington-road, and 17, Harefield-road, Crouch-end, and of No. 126, Lower Clapton-road, which properties were bought in at their sale by auction, at the London Mart, on February 17 last.
The 62 years’ lease of the town house, No. 4, Bolton-gardens, W. (ground rent £8), which was not disposed o'f when offered at the London Mart, by Messrs. Giddy and Giddy, on the 14th inst., has now been sold by them at the upset price of £2,500.
Messrs. Baker and Baker, of Horley, ReJ-hill, and 49, Queen Victoria-street, E.O., announce the sale of an important corner site with frontage to Massetts and Victoria roads, Horley, at a price representing over £1,000 per acre ; also of a freehold residence known as Newlands, Horley.
Nos. 2 and 3, Milner-street, N., bought in at Messrs. E. and S. Smith’s auction, at the Mart■, on Friday last week, has now been sold by them for £750. The same firm have also sold a plot of land situate at Oolney Hatch-lane, Muswell-hill, SOjft. frontage, for £100, and another having 56ft. frontage, for £336.
Mr. Leopold Neumegen has just sold the fine block of newly-built residential flats at Crouch-end, known as Albert-mansions. The property produces a gross rental of £732 per annum, and the price obtained for the freehold was £7,450. He has also disposed of the freehold ground rent of £275 per annum, in one collection, and secured upon a public-house and 16 dwelling houses and shops, with large workshops, known as Nos. 58, 59, 60, 61, 62, 63, 63¿, 64 and 65, St. George’s-street, Nos. 8, 10 and 12, Old Gravel-lane, and Nos. 4 to 11, Lavender-place, St. George’s-in-the-East. The property is leased for 80 years, and the price realised was £6,875, being 25 years’ purchase.
(©rrashmal Jiotes.
Mr. Balfour did not make himself any too clear in his statement about the Clergy Rating Bill in the House of Commons, on Thursday. His words certainly seemed to imply that there was very little hope for either that or the Agricultural Holdings Bill. The semi-official gloss which was afterwards put upon the words will, however, relieve a good deal of anxiety. All he meant to convey was, it seems, that there was no chance of taking the little measure for the relief of the clergy until after Whitsuntide. That is satisfactory so far as it goes but the demands upon the time of the House of Commons are so heavy, and delay is so perilous, that we trust the measure will be pushed forward immediately the House re-assembles after the Whitsuntide recess. There ought to be no difficulty whatever in getting through so simple a Bill; but Parliament wastes so much time at the beginning of the Session in the antiquated and purposeless Debate on the Address that it is always difficult to “ catch up ” after Easter.
Owing to great pressure on our space, we are compelled to hold over several reports of provincial property sales.
MR. SIDNEY OHIOHESTER FORTESCUE.
It is with deep regret that we record■ the death of Mr. Sidney O. Fortescue, of the firm of Fortescue and Branson, auctioneers and valuers, Goldhawk-road, Shepherd’s-bush, and 56, Rylett-road, W., and eldest son of Mr. Stephen Fortescue (Fortescue and Sons), 56, Ludgate-hill, E.C., at the early age of 30 years. Ihe deceased gentleman has been ailing during the past three or four months with an affection of the heart, and although everything was done to endeavour to prolong life (three specialists being called in, including Sir William Broad-bent), he passed away peacefully on Wednesday last. The funeral will take place on Tuesday next, a׳t Acton Cemetery, at 2.30 p.m. The weight of the blow which thus falls upon Mr. Stephen Fortescue has been painfully increased hy the death of three other members of his family during the present week.
We commented at the time up in the article on “ The £ s. d. of Sporting Rents ” which Mr. C. J. Cornish contribute recently to the “ Cornhill Magazine.” The Iiish Game Protection Society has now had the happy idea of reprinting the paper for gratuitous distribution ; but it is not Irish farmers and landowners alone who will benefit by reading it. Mr. Cornish is an excellent guide upon all matters of sport, and some of the figures which he gives of rents obtained for shootings and fishings in England and Scotland are astonishing. He shows that, with a very little care, the head of game, especially partridges, may be increased to a very considerable extent Nor are hares and rabbits ti be negleoted.' Hares, indeed, owing to the reckless manner m which precautions tending to their increase have been neglected, have become very scarce. When, however, farmers begin as they are beginning, to recognise that there is money in their ground game, they may be expected ti look after it somewhat^ more carefully. At present, Mr. Cornish tells us, while they are ready enough to raise the rents to their shooting tenants, they “ very rarely take any trouble to raise the head of game by according the