Page:The Building News and Engineering Journal, Volume 22, 1872.djvu/220

 204. i — — — — — ————————— LEGAL INTELLIGENCE. A Contractor ror Bur~piInG THEATRES.—Mr. Registrar Spring Rice had before him on Saturday in the Bankruptcy Court, the case of Thomas Snow- don. The debtor is a builder and contractor, carry- ing on business at Paddington, and among other works was the contractor for the reconstruction of the Victoria Theatre, in the Waterloo Road, which has been entirely remodelled in its interior and re- christened the Victoria Palace Theatre. He was also the contractor for Evans's, Covent-garden. He has now filed his petition for liquidation, his debts being £30,000 and hisassets consisting of contractor's ae &c., £28,000. Mr. Lindo now applied to his Tonour to appoint a receiver and manager on the ground that there were various contracts in_pro- gress, which it was expedient should be carried out for the benefit of the estate. His Honour appointed Mr. Adams, of the firm of Vigers, Simpson & Co., timber merchants, receiver and manager, and granted an injunction to restrain some suing credi- tors from proceeding with their actions. Tue Lreps SEwAGE INJUNCTION.—THE ATTOR- NEY-GENERAL V. THE CORPORATION OF LEEDS.— The present application was made last week before V.-C. Sir J. Bacon by the Corporation of Leeds to extend the time for suspending the injunction for one year. There was no doubt that the Corpora- tion had taken some proceedings, although he wished they had been a little more prompt and ener- getic. But the Corporation had certainly taken Some proceedings with a view to abate the nuisance complained of. The defendants now wanted to acquire fifteen acres of land, as mentioned in Mr. Hawksley’s affidavit, for the purifying process, and they were willing to undertake going through the necessary steps for obtaining compulsory powers to purchase the same extent of land in the next Session of Parliament. The defendants undertook to pay the costs of the application—The Town Clerk of Leeds explained that the fifteen acres of land were not specifically described. They under- took to purchase fifteen acres of land somewhere, that being the number of acres mentioned by Mr. Hawksley.—The Vice-Chancellor: You had better refer to Mr. Hawksley’s affidavit in the form of the order.—Mr. Kay, on behalf of the Crown, said the statement was this—that the Corporation would want fifteen more acres for the purpose of their works, but they did not say where——The Vice- Shancellor: Then, for the purpose of certainty, you had better refer to Mr. Hawksley’s affidavit.—Mr. Kay: Then the form of the order will be, “The defendants undertake, within a year, to acquire fifteen acres of land, as mentioned in Mr. Hawksley’s affidavit; or, to take all necessary steps to take ompulsory powers to purchase the same in thenext Session of Parliament; time to be extended for a year; defendants to pay the costs.” THOMPSON Y. ALLISON.—This case was tried be- fore Justice Mellorat Newcastle-on-Tyne on the 27th ult., Mr. Holkar, Q.C., and Mr. Shield appeared for the plaintiff, Mr. Matthew Thompson, a Newcastle architect ; and Mr. Aspinal, Q.C., and Mr. Cromp- ton, for the defendant, a Sundezland brewer. The case, as stated for the plaintiff, was to the following effect. About the end of August, or beginning of September, 1869. Mr. Thompson and Mr. Allison were at the residence of Mr. C. M. Palmer, Grinkle Park, near Whitby. There Mr. Allison asked the plaintiff if he was not the architect for the Duke of Northumberland’s estates at Tynemouth, and on being answered in the affirmative, asked Mr. Thomp- son if he would use his interest with Mr. Snowball, the Duke’s Commissioner, for a piece of ground to build an hotel. Mr. Allison said that Mr. Thomp- son should be architect for the proposed hotel, and also mentioned that he (Mr. Allison) was desirous of building a ball room on to his residence at Under- cliffe. He asked Mr. Thompson to go over and see the place, and prepare an estimate of the cost. When Mr. Thompson got back to Newcastle, he saw the Duke’s Commissioner, and obtained a site for the hotel at Tynemouth. Some conversation afterwards took place between Mr. Thompson and Mr. Allison with respect to the class of hotel pro- posed to be built, Mr. Allison desiring a first-class hotel, and Mr. Thompson suggesting a second-class one. Mr. Allison adopted Mr. Thompson’s idea of a second-class hotel, and asked him to prepare rough plans and give an estimate of the cost. Those plans were prepared, and Mr. Thompson also went over the site, and did all, in fact, that he had been requested to do. Mr. Allison approved of the hotel plans, and asked Mr. Thompson to get tenders for the erection of the building. At the beginning of 1870, the defendant said he would like the matter to remain over for a while, and the matter did so stand over till the beginning of 1871, at which time Mr. Snowball, the Duke’s agent, appeared anxious that the conveyance of the site should be perfected, and insisted that the matter should go on. The matter did go on, and Mr. Allison asked for more ground, which was got. Additional plans had then to be prepared on a larger scale, and they were sent into Mr. Allison. On the 4th of March Mr. Allison was in Newcastle, and there met Mr. Thompson and Mr. Snowball. After Mr. Snowball left, Mr Allison said he would like young Mr THE BUILDING NEWS. Moore to assist Mr, Thompson in the execution of the plans. Mr. Thompson said he did not want any assistance, but ultimately it was arranged that Mr. Moore should call upon Mr, Thompson. Mr. Moore did so next day, and then Mr. ‘Thompson learnt that Mr. Moore expected to be employed as a joint architect in the matter. The result of the in- terview was that Mr. Thompson rejected the sug- gestion of Mr. Allison, that Mr. Moore should join him in the carryirg out of the plans, and wrote to Mr. Allison to that effect, atthe same time express- ng his annoyance that Mr. Allison should have handed over his (Mr. Thompson’s) plans for the examination of Mr. Moore. In reply to that Mr. Allison wrote to Mr. Thompson, returning the rough plans of the hotel, and requesting him to do nothing further till he saw him. Mr. Allison wrote another letter to Mr. Thompson, requesting him to send in his account for professional services, and represent- ing that Mr, Moore was going on with the work. In consequence of all this, Mr. Thompson made a claim in accordance with professional custom— namely, that an architect should receive for his trouble in preparing the plans, and superintending the erection of the building for them, a commission of 5 per cent. on the whole cost of the said building. In this case, as the work of superintending the building was taken out of Mr. Thompson’s hands, he only claimed 24 per cent. commission—namely, for preparing the plans. That, with a small charge for travelling expenses, anda charge for preparing plans for the ball room at Undercliffe, made up his claim.—Mr. Thompson, examined, deposed to the above facts, and further said that the estimated cost of the hotel was £5,500, and that that was the amount on which he based his commission for 2} per cent. on the cost of the building. He, however, admitted having sentin a claim for £65, and £75 for breach of contract, under the engagement, which he now wished to recover under the head of com- mission.—Mr. Gibson Kyle, architect; Mr. Thomas Oliver, F.R.I.B.A.; and Mr. Septimus Oswald, architect, were called by the plaintiff, and spoke to the rate of charges current in the profession.—Mr. Holkar addressed the jury, after which Mr. Aspinal, without calling any witnesses, spoke at some length on behalf of the defendant. He put it that his client had not made a permanent contract, and therefore he had full right to discharge the plaintiff at will. With regard to the charges, he held that as the de- signs had not beenacted upon in the erection of the building there was no reasonable claim against the defendant to the extent which the action sought to obtain.—His Lordship, in summing up, said there had been no evidence given to show that there was a special contract entered into as alleged in the declaration.—The jury gave a verdict for £65 6s., that being the sum paid into court by the defendant. ———$ LAND AND BUILDING SOCIETIES. Frrenps oF LAnour Buripinc Socrety.—The eighth annual meeting of this society took place on Wednesday evening; Feb. 28th, at 11, Lamb's Conduit-street. Mr. W. Hurran, the chairman of the society presided, supported by Messrs. J. Yarde (solicitor), W. F. Potter (trustee), C. H. I. Lewes, and most of the directars. The report and balance sheet, which declared a dividend of 6} per cent., were, on the motion of the chairman, unanimously agreed to. LEICESTER PERMANENT BuILpING Socrery.— The annual meeting of the shareholders of this society was held on Monday week. According to the report of the directors, the number of shares taken up during the last year had been considerably in excess of any former year. The amount paid on the expenses account was £636 15s. 3d. against £961 9s. received. The money paid by investors during the year amounted to £23,799 16s., and from borrowers to £48,721 7s, 4d., making a total receipt from all sources of £53,482 12s. 4d., an increase of £6,325 over the business done in any former year, and being more than £4,400 monthly. CommerctaL UNION LAND, BUILDING, AND In- VESTMENT Socrery.—The annual meeting of this society was held (yesterday) Thursday week at the Cannon-street Hotel. he report, which was read by the Secretary, Mr. J. E. Jones, showed that the income last year amounted to 4/14,642, and the ex- penditure to £14,449, leaving a balance of £192. The operations of the society had been rather less than in previous years, but the greatest caution had been exercised in every transaction, and every security was of excellent value. The total amount now advanced had reached the sum of £13,516, an amount far below the actual value of the society’s securities at the bankers. The repayments had amounted to £1,293. A steady increase had taken place with regard to the share list, the shares now numbering 2,000, which, when fully paid up, will represent a capital of £50,000. The directors recom- mended a bonus of 2} per cent., making, with the 5 per. cent. interest already paid, a distri- bution of 7} per cent. for the year—z.e., to the holders of paid-up shares of two years’ standing. The report was adopted, and the retiring directors and auditors re-elected. i, Sil Ac “yee at AG Marcn 8, 1872. GLAscow AND SUBURBAN DWELLINGS CoMPANY. —The sixth annual general meeting of the Glasgow and Suburban Dwellings Company (Limited) was held on Tuesday. Mr. W. G. Lindsay, secretary, read the report, from which it appeared that the balance due to depositors was, on December 31, 1870, £7,813 7s. 11d.; and on December 31, 1871, £9,215 16s. 8d.—being an increase during the year of £1,402 8s. 4d. The assets of the company amount to £26,319 3s. 9d.; while the liabilities for deposits, advances from the bank, and outstanding accounts amount to £14,014 17s. L0d., leaving a surplus of £12,304 5s. 11d. after paying all creditors of the com- pany, which would be available to pay the company’s debts in the event of any loss beingsustained. The balance at the credit of profit and loss account is £638 7s. 11d. The directors recommended that the sum of £614 13s. 4d. be divided among the share- holders, which yields a dividend at the rate of 64 per cent. per annum, on capital paid up at 31st December, 1871, and leaves a balance of £23 13s. 7d. to be carried to next account. BRADFORD THIRD EQUITABLE BUILDING SOCIETY. —The annual meeting was held on Friday last. The report showed that there had been an increase in every department of the society’s business during the past year. The subscriptions, which in 1870 were £203,795, rose in 1871 to £225,542, the loans from £165,021 to £229,760, the other receipts from £4,818 to £5,761, and the total from £373,634 to £461,063, while there had been advanced on mortgage £190,930 against £135,340 in 1870. The number of members had increased from 6,015 to 6,856, and the shares from 19,894 to 23,169. £987,755, with interest, is advanced on mortgage; £500 has been placed to the guarantee fund, raising it to £3,500; a bonus of one per cent. has been apportioned to investors, making 5} per cent. on their subscriptions; and a surplus of £511 4s. 9d. is carried to next year. Since the commencement of the society in 1854 the subserip- tions received are £1,386,161 11s. 11d, loans £1,290,624 2s. 9d., other receipts £39,128 17s. ; total received, £2,715,914 11s. 8d. The members entered in the same time are 14,555, shares 41,956. The society has been so lucky as to have had no loss since 1854, After the report and balance-sheet had been adopted, the officers for the ensuing year were elected. ——_——__ PARLIAMENTARY NOTES. METROPOLITAN STREET IMPROVEMENTS BILL.— On the order for the second reading of ‘this Bill,~ Mr. Pell moved the postponement of the second reading for six months. Board of Works to raise two and a half millions in addition to the ten millions it had already raised. Further, it provided for certain improyements in the High-street, Shoreditch, which the Select Com- mittee of last year had rejected. For these reasons he moved the rejection of the Bill.—Mr. Goldsmid seconded the motion.—Colonel Hogg defended the Bill, and alleged that its opponents had brought for- ward no valid reasons for refusing to send it toa Select Committee—Mr. J. H. Palmer opposed the Bill as authorising an unnecessary squandering of the money of the ratepayers.—Lord J. Manners sup- ported the Bill—Sir D. Salomons considered that these improvements should not be made out of the metropolitan rates.—Mr. Dodson did not think the House was in a position to express an opinion upon the merits of the case, and therefore suggested that it should be referred to a Select Committee in the ordinary way.—Lord Eleho thought the proper course would be to refer the matter to a committee to consider whether the Bill should be sanetioned, or whether it ought not to be preceded by a gene- ral scheme of metropolitan improyement, such as was recommended by the Committee of last year.— Mr. Locke hoped the amendment would be with- drawn.—Mr. Samuda supported the Bill. The amendment was withdrawn, and the Bill was read a second time.—Mr. J. H. Palmer then moyed that it should be referred to a Select Committee of ten members, of whom five should be nominated by the House and five by the Committee of Selection.— Jolonel Hogg could not accede to the motion.— Mr. Goldney urged that the Metropolitan Board should give their attention to the preparation of the long-promised general scheme for the improvement of the metropolis.— Mr. Dodson entered his protest most emphatically against the motion, and expressed the opinion that it would have been better to reject the Bill on the second reading than to refer it toa Select Committee so constituted. Upon committees on public questions, it was usual to appoint members representing the different views and interests con- cerned; but on a Private Bill Committee the persons interested were before the Committee by counseland by witnesses and to appoint partisan members upon a Private Bill Committee was entirely to overthrow the principle upon which the House had acted hitherto.—Mr. W. H. Smith regarded this as pecu- liarly a public Bill, and trusted that it would be re~ ferred, as suggested, to a hybrid Committee——Mr. Cowper-Temple observed that whereas in the case of an ordinary private Bill the Committee did not feel themselves at liberty to go beyond the interests represented, it was very desirable in this case that The Bill would permit the ~ 4 } j j 1