THE ESTATES GAZETTE,
June 10, 1899.
way : —A gentleman named Hale had by a deed made in December, 1886, charged his business with an annuity of £520, payable by weekly instalments. The deed provided that, in case the annuity fell ׳into arrear, the annuitant might enter into possession of the 'business and manage the same for her own benefit, and might in that case exercise the power of appointing a receiver conferred by the Conveyancing Act, 1881, upon a mortgagee when the mortgage money has become due, and by way of extension of the provisions of the Act it was agreed that any receiver appointed under the power should be at liberty, if so directed in writing by the annuitant, to manage and carry on the business as he) might think fit, and any moneys he or the annuitant might pay or expend for that purpose, and whether before or subsequent to redemption by Hale, should be considered a charge on the business with interest.
In October, 1888, Hale was indebted to Lilley for a trade debt of £1,000, which by agreement he was discharging by monthly instalments down to the time of his death. After his death, his business was continued by two of his former employees, who, in July, 1891, had paid Lilley an instalment due to him. In that month the annuitant appointed a receiver and manager, and in August the receiver paid to Lilley °the monthly instalment of his debt■ then due. In October, 1891, the annuitant appointed another receiver, who declined to pay to Lilley any further instalments, so, in July, 1897, he took out an administration summons to the estate of Hale, on the footing that he was a creditor, ami an issue was directed to be tried whether there was a debt due to Lilley, and whether, if so, it was barred by the Statute of Limitations. In this issue Lilley was plaintiff and Airs. Foad, as executrix of Hale, defendant, and in deciding it Air. Justice Byrne held that the powers of the receiver under the deed were greater than those under the Act, and that he had rightly paid the instalment. He also decided that in so doing he was acting as agent for the executrix, and, his payment being unconditional, the implication had arisen in August, 1891, of a new promise to pay the balance of the debt, and the Statute of Limitations did not apply. That statute, of course, cannot be invoked where there has been an acknowledgment of a debt, and thus the Court of Appeal were only concerned with the question whether Mr. justice Byrne’s construction of the powers conferred on the receiver by the deed of December, 1886, was the right one. They thought it was, and dismissed the appeal with costs, though it is questionable whether their decision would have been the same if the plaintiff had simply founded on section 24, sub-section 8, of the Conveyancing Act. If the receiver, the Court remarked, had been acting only under the powers of that Act, it would have been doubtful whether they_ could have decided the case as they were doing, as it seemed that a receiver under it could only pay debts affecting the mortgaged property, not unsecured debts ; but under the deed the receiver had power to manage and carry on the business, and therefore he had authority to pay the instalment of this outstanding debt of Hale, and his payment had the same effect as if it had been made׳ by Airs. Foad.
In answer to “E. H.,” it is clear that if the Agricultural Holdings Act applies, there is an absolute exemption of hired machinery and breeding stock from distress. For it is provided by the second paragraph of section 45 that “ agricultural or other machinery which is the bona fide property of a person other than■ the tenant, and is on the premises of the tenant under a bona fide agreement with him for the hire or use thereof in the conduct of his business, and live stock of all kinds which is the bona fide property of a person other than the tenant, and is on the premises of the tenant solely for breeding purposes, shall not be distrained for rent in arrear.”
We would draw the attention of those desirous of acquiring land, houses, or farms to the lists of property for disposal in SHEFFIELD, YORKS & DERBYSHIRE SURREY & SUSSEX.
THE WEST OF ENGLAND WEST KENT.
THE HOME COUNTIES.
SOUTH DEVON & CORNWALL. NORTH WALES. BAYSWATER & NOTTING HILL PLYMOUTH & DEYON. EASTBOURNE.
BIRMINGHAM AND MIDLANDS. SOUTHEND-ON-SEA & ESSEX. BERKSHIRE & LONDON.
which appear weekly in the front portion of the paper. We Bhall esteem it a favour if persons negotiating for any of these properties will kindly mention the “Estates Gazette.”
!¿gal ®0ptrs.
By a Barrister.
[The writer will answer any question relating to real property law, or to the practice of Agents, Auctioneers, and Surveyors, under " Queries and Replies. ’]
Many thousands of pounds were spent in a “ friendly ” way to settle the question, When is a place not a place “ within the meaning of the Act ” 2 The answer given by the House of Lords, was, it is well known, when the place is on a racecourse. Whether the highest tribunal in the land will ever be called upon to solve the riddle, When is a house not a house 2 and in that connection to consider the meaning of section 74, sub-section 2 of the London Building Act of 1894, is more than we know ; but, in the meantime, a Divisional Court has seemingly decided that a house is not a house when it is a public-house under the provisions just mentioned of the modern statute. This, of course, is putting the effect of the judgment in “ Garrick v. Godson and Sons ” in a loose and colloquial way, but the case, which we report in another column, may not altogether inaptly be summed up in the words we have used. Section 74, sub-section 2, of the Act provides in substance that where a building is used partly ׳for ■the ■purposes of trade and partly as a dwelling house, the business part shall be separated from the residential part of the premises by walls, floors, passages, staircases and other means of approach constructed of fire-resisting materials—a regulation which will generally be admitted to be a salutary and proper one.
In this week’s case it was alleged that the re spondents had rebuilt the Horse and Groom public-house, St. John’s-street, Clerkenwell, in contravention of the Act, inasmuch as the approach to the staircase leading to the upper part of the house, which, the County Council said, was used as a dwelling house, was through the saloon bar to a lobby, and this part of the premises had not been constructed of fire-resisting materials. The facts were practically undisputed, but Air. Bros, the magistrate who originally heard the summons, dismissed it on the ground that a public-house was not a house within the meaning of the Act.” On the argument of the special case the respondents again urged that the section and sub-section in question did not apply to pulblic-houses, as no one could draw a line in ■a licensed ■house and say that a certain part was used for the purposes of trade and a certain other part as a house or place of residence, and Mr. Justice Day and Mr. Justice Lawrance took this view and dismissed the appeal with costs. In this we are bound to say with deference that we think that their lordships were wrong, and that if they were right legislation on the subject appears to be necessary. Surely one part of a public-house—the business }¡art—is used for the purposes of trade; licensed victuallers, in fact, call their trade the trade. If, again, the publican himself or his manager and their families reside, as is very commonly the case, in the upper part of the ׳building, ■must not that part be deemed a dwelling house or residence 2 Mr. Justice Day remarked that he “could not say that the magistrate had put an unreasonable construction on the statute.” We think that the decision was not only unreasonable but contrary to plain common sense, and we should much like to see what is a very important point reconsidered.
For obvious reasons it is not often that a commission dispute concerned with the sale of an advowson comes into court, but our readers will note that in “ Stark v. Leveson” the plaintiff was Mr. W. Emery Stark, who was formerly well-known as what is called a “clerical agent,” whilst the defendant was the Rev. O. A. Leveson, the vicar of Hemel Hempstead. Mr. Stark was suing for £75 commission on the sale of the advowson of St. George’s, Campden-hill, and he obtained a verdict and judgment for the full amount of his claim. The facts were of no general interest. What the reverend defendant said by way of plea unfortunately is an ordinary and conventional answer on the part of laymen to actions of this kind. He declared that Air. Stark had not introduced a purchaser, though he had offered him £21 (instead of the £75) as a “ quantum meruit.” This would not do for a judge and a special jury, and the Rev. Mr. Leveson will have to pay the piper. It is a pity that the parties should have quarrelled. Tantcene animis ccelestibus irce 2
The Conveyancing and Law of Property Act, 1881, introduced many liberal and valuable reforms into our conveyancing law, but the case of “Lilley v. Foad” shows that the work of a draftsman will very commonly possess more elasticity, if the phrase is permissible, than that of the framers of an Act of Parliament, however broad-minded and equitable they may be. The point, which was connected with the duties of a receiver under a mortgage (44 and 45, Viet., c. 41, sec. 24, sub-section 8, i.—iv.), arose in this
Della Robbia busts, 15^in. high, £490 ; processional crucifix of silver gilt■, 37in. high, £350 ; Samson slaying the Philistines, 14|in. high, probably the work of Al. Angelo, £680 ; and an altar frontal of crimson velvet and cloth of gold, 38iin. by 142in., £390.
SALES OF THE WEEK.
Silver Plate.
The silver and silver-gilt plate disposed of at Alessrs. Christie’s on the 2nd instant, included the following:—A silver Viking boat, with two figures hoisting a sail, ISin. high, 230oz., presented to Mr. Antonio Gabrielli, “ by the officers and workmen employed on the dockyard extension works at Chatham,” May, 1873, £68 ; a silver tea-kettle, richly chased with open festoons of flowers, by Shaw and Priest, 1756, 61oz., at 24s. per ounce; a Commonwealth chalice, 6in. high, 1656, inscribed “ The Guift of Air. John Robinson to the Church,” 9oz., at 96s. per- ounce ; an Elizabethan cup, engraved with a band of strap and scroll ornament, ô^in. high, 1570, 6oz., at 136s. per ounce ; an early English chalice, gilt outside,, chased with conventional flowers', 8iin. high, 21 guineas—•the last two articles were at the Tudor exhibition ; a Charles II. porringer, the lower part repoussé with a band of large flowers and foliage, 1666, 7oz., at 109s. per ounce ; and Mile. Rachel's dressing case׳, of rosewood, bound and mounted with nielloed Russian silver, presented by !the Emperor Nicholas I. of Russia to the celebrated actress, £57.
Fictures.
The fine collection of ancient and modern pictures and watercolour drawings sold at Messrs. Christie’s, on the3 ׳rd instant, numbered 157 lots, and realised a total of £5,211. The collection comprised an interesting series of seven drawings and one picture in oils by 1). G. Rossetti. The drawings were as follows: — Beata Beatrix, in crayons, dated 1872, intended to illustrate■ symbolically the death of Beatrice, as treated in! the “ Vita Nuova,” 100 guineas— at :the L. R. Valpy sale■ in 1888 this realised 200 guineas; “The Loving Cup,” 1867, 275 guineas ; a lady in. blue dress, green branch behind her, 190 guineas ; a lady in white dress, combing her hair, 1864, 320 guineas; Venus Verbicordia, in red chalk, 1867, 280 guineas— from the Leyla.nd sale of 1892, when it realised 120 guineas ; “ Color d’Amore E di Pieta .Semblante,” black and white chalk, 1870, 40 guineas; and “ Monna Vanna” (Airs. Howell), 1869, chalk, 55 guineas—in 1890 this drawing realised 35 guineas. The Rossetti picture in oils, “ La Pia : Pia de’ T'ollomei,” illustrates the story of the׳ youthful wife׳ of Nello della Pietra, of Siena, in Dante’s “ Purgatorio ; ” it was in the Leyland sale of 1892 (when it realised 300 guineas), and was exhibited at Burlington House in 1883, 260 guineas. The other pictures by modern artists included the. following :—■Ford Madox Brown, Chaucer at. the Court of King Edward III., painted in 1868, and from the Leyland sale, 1892 (when• it realised 100 guineas), 85 guineas ; and an earlier work by the same artist, Elijah and the widow’s son, 1864, from the Trist sale, 1892 (42 guineas), 135 guineas ; W. Hogarth, portrait of .Selina, Countess of Huntingdon, in mauve dress with lace fichu and cap, holding a book, 95 guineas ; two by A. Hughes, “Ophelia,” 70 guineas, and “ Endymion,” 55 guineas ; G. Romney, portrait of a ■lady, in white dress, ■in a landscape, 210 guineas—in 1891 this picture was purchased for 29 guineas ; J. M. W. Turner, mouth of the Seine, Quille-bœuf, 27in. by 34in., 120 guineas; H. Wallis, “The Soldier’s Return,” 1859, 80 guineas ; and AV. L. Windus, “Middle-mas’s interview with his Parents,” scene from “The Surgeon’s Daughter,” exhibited at the Guildhall, 1894,	290 guineas. The only
pictures by old masters of note included an example attributed to Bernardino Luini, “The Virgin and Child,” on panel, 22in. by 19in. 240 guineas—from the W. Graham sale of 1836’ when it sold for 300 guineas ; and a Rembrandt portrait of Anna Maria Schurman, in black dress with white collar, cuffs, and cap, holding a fan, dated 1642, 31in. by 25׳in., 300 guineas—in 1850 this portrait sold for 50 guineas.
Hric-a-lBrar.
In spite of the overpowering heat on Tuesday afternoon, there was a large attendance at׳ Mr. J. C. Stevens’s sale of curiosities in King-street, Covent-garden. Among the more interesting items were a walking stick made out of the timber of old London-bridge, with a small piece of stone used in! connection therewith, which realised £1 6s. ; a cane, formerly the property of Pope, the poet, £3 ; the mummy of an Egyptian princess in a coffin, 6 guineas ; and a fine stuffed specimen of the curious creature known^ as the manatee, which is supposed to have given rise to the superstition of the mermaid, 20 guineas. It was stated that a specimen of the last-named was exhibited at the Zoological Gardens in 1889, ׳but it was very small, and its surroundings gave little opportunity for noticing its points of resemblance to the human race.
An approaching sale of more than usual interest is that of the contents of Northwood Hall, near Rickmansworth, which will be sold by Messrs-Alillar, Son and Co. on the 21st instant. It will include some fine old carved oak furniture, tables, high back and elbow chairs, sideboard, console and side tables, a valuable Empire clock, old china, statuary, marbles, bronzes, etc. There will be also specimens of Sheraton, Chippendale and other furniture, as well as a grandfather’s clock, oak and mahogany bookcases, etc. Among the oil paintings are examples of Poussin, Ruysdael, Wouvermans, Van de Velde, Jan Steen, Hobbymeer, Wilson, Sir M. A. Shee and Sydney Cooper.
Lovers of modern art should be reminded that the remaining works of that accomplished and popular artist, the late Birket Foster, R.W.S., are to be dispersed at Christie’s on the 26th instant. The works consist of ■many finished watercolour ■drawings, and a few pictures in oil. sketches in watercolour and pencil, also a number of sketch books. The drawings illustrate towns, villages, cathedrals, castles, rivers and landscapes in England, Scotland, France, Spain, Italy, Switzerland, Holland, Belguim and Norway, and many views on the coast of the Aledi-terranean and at Tangiers ; also numerous pastoral subjects with children, figures and animals, hunting subjects, market scenes and farmyards. The whole forms an admirable collection of works of this delightful artist from his earliest pencil sketches down to the last drawings executed by him.
On the 21st instant we shall witness at Messrs. Christie’s the dispersal of the magnificent collection of old English marqueterie furniture and old French and other decorative objects and porcelain, the property of the Right Hon. Lord Henry Thynne. The collection has been removed from Aluntham Court, Worthing, and was formed chiefly in the early years of the century, many pieces having been originally in the collection of the first Lord Ashburton, at Bath House. There are old English marqueterie cabinets, secretaires, wardrobes, tkbles and ■chairs, beautifully inlaid, Sheraton inlaid and painted satinwood furniture, carved Chippendale mahogany furniture, mirrors and girandoles in carved and gilt Chippendale and Adam frames. There are also old French clocks and candelabra, old Dresden porcelain vases and figures, with Louis XV. ormolu mounts, a Louis XV. small marqueterie table, by Boudin, Louis AiVI. parqueterie secretaire, a suite of Louis XIV. carved and gilt furniture, and other old French decorative objects and furniture.
BEDFORDSHIRE CHAMBER OF AGRICULTURE. — The second annual report of the Bedfordshire Chamber of Agriculture and Farmers’ Club lias just been issued by the hon. secretary, Mr. Trustram Eve, F.S.I., of Bedford. From this we learn that 45 new members have been enrolled, six papers of an educational and instructional nature were read during the year, and resolutions passed on the colouring of margarine, damage to growing crops by sparks, the docking of horses’ tails, tuberculosis and slaughterhouses. The council propose to arrange visits to several farms, and state that the chamber is now firmly established, and can express its united opinion on questions of importance to agriculture with some weight, whilst, being non-political, it intends by every means in its power to improve the state of agriculture.
There were some high prices obtained for engravings of the Early English school, at Christie s, on the 2nd instant. The more important examples were :—The Countess of Spencer, after Sir Joshua Reynolds, by F. Bartolozzi, printed in colours, 86 guineas ; Travellers and Cottagers, after Alorland, by W. Ward, 80 guineas ; St. James’s-park, and a Tea Garden, also ■after Alorland, by F. D. ׳Soiron, in colours, 90 guineas ; and “What you Will,” after S. Woodford, by J. R. Smith, in colours, 64 guineas. A ׳beautiful proof of the extremely rare dry point■ entitled “ The Engraver,” by Riault, sold at Alessrs. Sotheby’s on the 1st instant for £72, the record price for an etching by this artist.
Alany extremely rare mediaeval objects of art from the famous collection of Signor Stepliano Bardini, of Florence, were sold at Messrs׳. Christie s on Alonday and the two following days. Ihe average prices obtained were unusually high, 157 lots on the first day realising upwards of £10,386. Among the more costly articles were a crest and coronet of a Heaume, 17in. high, £650 ; shield, with rectangular sides and base, 32in. high, £380 ; large upright pavois, 06111. high, £350 ; bronze statuette of a woman, y^in. high, £720 ; two panels of Flemish tapes-1490, each 7ft. by 8ft., £330 ; a panel of Florentine tapestry, lift, by 10ft., £400; a cross of rock crystal, 17-Lin. high, £480 ; pair of