NOT SOLD (BIDDING OVER)
0.00GBP+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 Dec 06 @ 03:00UTC-08:00 : PST/AKDT
ROBERT STRICKLAND THOMAS
(1787-1853)
H.M.S. QUEEN FLAGSHIP OF THE MEDITERRANEAN FLEET LEAVING MALTA
Signed and dated 1842, oil on canvas
70cm x 105cm (27.5in x 41.5in)
Note: H.M.S. Queen, a three-decker of 110 guns was the flagship at Malta under acting Captain Hastings R Henry. The C-in-C, however was Vice-Admiral Sir Edward William Campbell Rich Owen who is listed in O'Byrne's 1849 Dictionary of Naval Biography.
Lt. Robert Strickland Thomas R.N entered the Royal Navy as an able seaman aboard the Princess Charlotte, frigate in 1805. It is likely that he received his grounding in art in her gunroom from her Captain, George Tobin, an enthusiastic amateur, who later painted with Thomas Luny. Whilst aboard the frigate Creole and cruising off Africa Thomas contracted a disease which left him deaf. Unfit for service he took up painting full time to augment his half
pay and his work is notable not only for it's quality but also for it's accuracy of detail as befits an artist who had spent half his life at sea.
Provenance: Captain William Fordyce Blair R.N. (1805-1888) and thence by descent.
William Blair joined the Royal Naval College in 1818 and H.M.S. Archive in 1820. He was made a Lieutenant in 1839 and Captain in 1858. He served both in the Burmese war, during the destruction of Morea Castle in 1818 and in
engagements at Navarino and Algiers. He founded Port Blair in the Andaman Islands in the Bay of Bengal off the Malaysian coast before succeeding to the Blair Estates in 1841.
Captain Blair was Deputy Lieutenant for Ayrshire and after the death of his wife travelled extensively in Europe where he collected not only paintings and fine art but also species trees from all around the world.
£7,000-10,000
Auction Location:
United Kingdom
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General Notices and Conditions of Sale -
<p>1. This Notice and Conditions of Sale apply to all sales including sales by private treaty.
<p>1.2. Unless otherwise stated a premium at the rate of 18% of the hammer price of each lot sold up to the first £30,000 and 12% thereafter (together with any Value Added Tax chargeable thereon) is payable by the buyer to Lyon and Turnbull Ltd. for their own retention and will not be waived.
<p>1.3. While every care has been taken by Lyon & Turnbull in the preparation of this catalogue, any statement as to authorship, attribution, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement or representation of fact. Lyon & Turnbull reserve the right, in forming their opinion, to consult and rely upon any expert or authority considered by them to be reliable.
<p>1.4. A licence from the Department of Trade is required before items of certain kinds can be exported from the United Kingdom (in such event an application can be made by Lyon & Turnbull on the buyer's behalf).
<p>1.5. Lyon & Turnbull for themselves and for the seller of each lot give notice to intending buyers that certain terms used in descriptions of lots contained in Lyon & Turnbull's catalogues have the meanings ascribed to them in any notice in the printed catalogue.
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<p>- Conditions of Sale -
<p>1. Definitions In these Conditions: "Lyon & Turnbull" means Lyon and Turnbull Ltd.; "the hammer price" means the price at which any lot is knocked down to the buyer; "the premium" means the premium payable by the buyer under Condition 3.5 below; "the aggregate price" means the aggregate of the hammer price and the premium and any Value Added Tax chargeable on the hammer price and the premium; "total amount due" means the aggregate price together with any additional charges and expenses due from a defaulting buyer under Condition 4.2.
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<p>3.5. The buyer shall pay a premium of 18% up to the first £30,000 and 12% thereafter on the hammer price on all sales. Where the items are zero rated for vat( e.g books, maps etc.) then no vat is charged on the buyers premium. Full details can be obtained from the accounts office at Lyon and Turnbull. The buyer acknowledges that Lyon & Turnbull will receive from the seller commission at their usual rates, on the sale of any lot, in addition to the said premium and assents to Lyon & Turnbull receiving the said commission.
<p>3.6. In the case of certain lots the buyer will be liable to pay Value Added Tax on the hammer price. All such lots are indicated in the catalogue with the sign *.
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(i) to proceed against the buyer for damages for breach of contract;
(ii) to rescind the sale of that or any other lots sold to the defaulting buyer at the same or any other auction;
(iii) without notice to the defaulting buyer at any time to resell the lot or cause it to be resold by public auction or private sale and the defaulting deficiency in the total amount due (adjusted for Lyon & Turnbull resale costs, and any part payments received);
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(vi) to retain that or any other lot sold to the same buyer at the same or any other auction and release it only after payment of the total amount due;
(vii) to reject or ignore any bids made by or on behalf of the defaulting buyer at any future auctions or obtain a deposit before accepting any bids in future;
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<p>4.4. Ownership in the lot shall not pass to the buyer unless and until payment of the aggregate price has been received by Lyon & Turnbull. A cheque given by the buyer in payment shall not be treated as a receipt until the same has been cleared.
<p>4.5. Where a Buyer has entered into an arrangement with Lyon & Turnbull to purchase a lot on credit, in the avoidance of doubt, Lyon & Turnbull shall be entitled at its sole discretion to apply any payment received in or towards the aggregate price of any lot contracted to be sold to the buyer.
<p>A CHARGE OF 1.5% is made on CREDIT CARD PURCHASES.
<p>5. Responsibility to buyers
<p>5.1. Subject to Condition 6 all lots are sold as shown and neither Lyon & Turnbull nor the seller accept any responsibility for any faults, imperfections or errors of description, authorship, attribution, origin, date, age, or provenance however caused in or with regard to any lot, and all lots are to be taken and paid for whether genuine or not. Buyers should satisfy themselves as to the condition of any lot before bidding for it.
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<p>5.3. Neither Lyon & Turnbull nor the seller makes or gives, neither has Lyon & Turnbull, nor any person employed by Lyon & Turnbull, any authority to make or give, any representation or warranty to any person in respect of any lot, and any conditions or warranties implied by law (except, in the case of the seller, those implied under Section 12 of the Sale of Goods Act 1979) are hereby excluded.
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<p>6. Forgeries
6.1. In the event of any lot proving to be a forgery Lyon & Turnbull will, at their absolute discretion and subject to the following Conditions, either rescind the sale of any lot and refund such of the aggregate price has been received by them or repurchase the lot for such sum as, taken together with the amount of any Value Added Tax chargeable thereon, shall equal the aggregate price paid for the lot by the buyer, provided that this obligation shall only arise if:
(i) within one year of the sale of the lot the buyer gives notice in writing to Lyon & Turnbull that the lot purchased by him through Lyon & Turnbull is a forgery (as hereinafter defined); and
(ii) the buyer returns the lot to Lyon & Turnbull in the same condition as it was at the time of the auction accompanied by written proof of forgery, the number of the lot, and the date of auction at which it was purchased; and
(iii) the buyer proves to Lyon & Turnbull's reasonable satisfaction that the lot is a forgery and that he is able to transfer a good title thereto free from any liens, charges or encumbrances; and
(iv) the buyer demonstrates to Lyon & Turnbull's reasonable satisfaction that the lot alleged by him to be a forgery is the lot actually purchased by him through Lyon & Turnbull.
<p>6.2. A 'forgery' means an imitation intended by the maker or any other person to deceive as to authorship, date or provenance, provided that it is not shown to be such in the catalogue description and at the date of the sale had a value materially less than it would have had if it had been in accordance with that description. Notwithstanding the above, the buyer shall have no rights in respect of a forgery (as defined) if;
(i) the catalogue description at the date of the sale was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated that there was a conflict of such opinion; or
(ii) it can be established that the lot is a forgery only by means of process not generally accepted for use until after publication of the catalogue or by means of a process which at the date of the sale was unreasonably expensive or impractical (or likely to have caused damage to the lot).
<p>6.3. The benefits of this Condition shall be personal to the buyer who, for the purpose of this Condition, shall be the person to whom the original invoice is made out by Lyon & Turnbull in respect of the lot sold. The benefit of this Condition shall not be assignable by the buyer.
<p>7. General
<p>7.1. Any claim by a buyer against Lyon & Turnbull whether under any of these Conditions or otherwise arising out of the sale of any lot shall be limited to the amount (if any) paid by the buyer in respect of such lot and shall not extend to any consequential or other loss or damage or expense suffered by the buyer.
<p>
7.2. The above Conditions and all notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum prior to any bid being accepted for the lot.
<p>7.3. Each bidder by the making of any bid acknowledges his acceptance of these Conditions and the terms of any Notices and other Conditions in the catalogue.
<p>7.4. Lyon & Turnbull are under no obligation to disclose to any person the identify of either buyer or seller of any lot.
<p>7.5. Each sale and matters connected therewith, including these Conditions, shall be governed by and construed in accordance with the laws of Scotand. By taking part in the sale;
(i) every bidder who is for the purposes of the E.E.C. Convention on Jurisdiction and the Enforcement of Judgments domiciled in a member state of the E.E.C. submits to the exclusive jurisdiction of the Scottish courts;
(ii) every other bidder submits to the non-exclusive jurisdiction of the Scottish courts.
<p>7.6. The buyer of a firearm is responsible for obtaining a valid firearm certificate, shot gun certificate or certificate of registration as a firearms dealer and for conforming with regulations in force in Great Britain relating to firearms, notice of which is published in catalogues of firearms. Lyon & Turnbull will not deliver lots to buyers without production of evidence of compliance with this condition.
<p>7.7. The headings are for convenience only and shall be ignored in construing these Conditions.
<p>SPECIAL NOTICE STORAGE AND SHIPPING
<p>SHIPPING
All shipping inquiries should be directed to 'mailboxes etc' 28 Elm Row , Edinburgh, tel 0131 557 0222/ info@elmrow.mbe.uk.com.
<p>STORAGE - Lots not collected by Friday following the sale will be removed to T & S TRANSPORT in Edinburgh. They can be contacted for shipping on +44 131 553 3830. STORAGE CHARGES are as follows;
<p>ADMIN
£20+VAT
<p>PER LOT PER DAY
£3.00 + VAT including insurance
<p>Small items
£2.50 + VAT including insurance
(insured up to hammer price)