Stansfeld and Others, Assignees of the Estate and Effects of Thomas White, the Younger, a Bankrupt, v The Mayor, Aldermen, and Burgesses of the Borough of Portsmouth
| Jurisdiction | England & Wales |
| Judgment Date | 09 February 1858 |
| Date | 09 February 1858 |
| Court | Court of Common Pleas |
English Reports Citation: 140 E.R. 1027
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 27 L. J. C. P. 124; 4 Jur. N. S. 440; 6 W. R. 296. Distinguished Pugh v. Acton, 1869, L. R. S. Eq. 630 Principle applied, Cornish v. Stubbs, 1870, L. R. 5 C. P. 337. Referred to, Ex port Glegg, 1881, 19 Ch, D, 12.
[120] stansfeld and others, Assignees of the Estate and Effects of Thomas White, the Younger, a Bankrupt, v. the mayor, aldermen, and burgesses of the borough of portsmouth. Feb. 9th, 1858. [S. C. 27 L. J. C. P. 124; 4 Jur. N. S. 440; 6 W. R. 296. Distinguished, Pugh v. Acton, 1869, L. K. 8 Eq. 630. Principle applied, Cornish y. Stubbs, 1870, L. E. 5 C. P. 337. Eeferredto, Exparte Glegg, 1881, 19 Ch. D. 12.] ; ! . By a lease, the lessee covenanted to erect a steam-engine, machinery, and buildings proper for carrying on the business of a shipwright, on the land demised, and to leave the same for the lessors at the expiration or other sooner/determination of the term,-" it being by the said indenture declared that all steam and other engines, machinery, &c., set up upon the premises at any time during the term for the purpose of carrying on the trade of a shipwright, together with all fixtures, should not be removed therefrom, but should, upon the expiration or other sooner determination of the said term, belong to the landlords, and not to the tenant, without any payment being made to him for the same." The lease then went on to provide, " that the last-mentioned stipulation should not be construed to apply to any machinery or other articles which might be erected or set up on the demised premises by the lessee daring the term, for any other purpose than that of carrying 1028 STANSFELD V. THE MAYOR, ETC., OF PORTSMOUTH 4 C. B. (N. S. 121. on the business of a shipwright; but that it should be lawful for the lessee at any time during the term, or at the expiration thereof, to remove and take away all such last-mentioned machinery, &e., from the said demised premises." The lease then contained a further proviso, that, in the event of the lessee becoming bankrupt, it .should be lawful for the lessors to re-enter, " and upon such entry to take possession of, have, &c., as their own property, without paying anything for the same, -all steam and other engines, &c. which should be found on the premises, and which should be used or employed in or about the business of a ship-builder thereon." The lessee having become bankrupt, the lessors re-entered for the forfeiture :-Held, that the assignees of the lessee were entitled to enter for the purpose of removing the fixtures other than those set up for the ship-building business, and to a reasonable time for that purpose. The first count of the declaration stated that the said Thomas White the younger, before he became bankrupt, under and by virtue of a certain indenture of lease, bearing-date the 21st of December, 1855, became and was tenant to the defendants of a certain building and repairing-slip and ground, with the appurtenances thereto belonging, situate at Portsmouth, in the said indenture particularly described ; and it was in and by the said indenture of lease, among other things, covenanted and agreed by the said Thomas White the younger, that he should or would, on or before the 25th of March then next, provide, set up, and erect a good and sufficient steam-engine or other sufficient apparatus, moving carriage, and all necessary machinery and building for the proper carrying on the business of a shipwright on the said slip, ground, and premises demised, to the satisfaction of the defendants, and the said slip, way, ground, buildings, erections, and engines, machinery, tackle, gear, and premises demised, or which [121] should be set up by the said Thomas White the younger during the said term, with their and every of their appurtenances, should and would peaceably and quietly, leave, surrender, and yield up to the said defendants at the end, expiration, or other sooner determination of the said term^-it being by the said indenture declared that all steam and other engines, machinery, tackle, gear, and utensils, set up upon the premises at any time during the said term for the purpose of carrying on the trade of a shipwright, together with all fixtures, should not be removed therefrom, but should, upon the expiration or other sooner determination of the said term, belong to the landlords, and not to the tenant, without any payment being made to him for the same: provided, nevertheless, that the last-mentioned stipulation should not be construed to apply to any machinery, tackle, gear, utensils, or other articles which should or might be erected or set up on the said demised premises by the said Thomas White the younger during the said term for any other purpose than that of carrying on the said business of shipwright; but that it should and might be lawful for the said Thomas White the younger at any time during the said term, or at the expiration thereof, to remove and take away all such last-mentioned machinery," gear, utensils, or other articles, from the said demised premises : and it was further provided, that, if the said Thomas White the younger should become bankrupt, then that it should be lawful for the said Mayor, &c. in and upon the said slip, way, ground, erections, buildings and premises demised, or any part thereof in the name of the whole, to re-enter, and the same thenceforth to have again, re-possess, and enjoy as in their former estate and condition; and also upon any such entry to take possession of, have, hold, and enjoy as their own property, without paying anything for the same, all steam [122] and other engines, machinery, utensils, tackle, gear, matters, and things whatsoever which should be found on the said premises, and which should be used or employed in or about the business of a ship-builder, in connection with the said slip, way, and premises demised: Averment, that, whilst the said Thomas White the younger so held the said demised premises as tenant thereof to the defendants, he erected, set up, and fixed in and upon the demised premises certain machinery, tackle, f ear, utensils, and other articles, for purposes other than that of carrying on the said usiness of a ship-wright, the same being fixed and fastened in and upon the said premises in such a manner that the same might and could be separated and removed without causing or doing any material damage or injury to the said demised premises; and that the said machinery, tackle, gear, utensils, and other articles always were...
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