Scottish Paintings | 07 June 2018

Thursday, 7th June 2018 33 Broughton Place Edinburgh

Scottish Paintings

2 Lyon & Turnbull

Scottish Paintings & Sculpture 1

Scottish Paintings Thursday, 7th June, 2018 at 6pm Sale Number LT524

Viewing Sunday, 3rd June 12 noon - 4pm Monday, 4th June 10am - 5pm Tuesday, 5th June 10am - 5pm Wednesday, 6th June 10am - 5pm Day of sale 9am - 1pm

Enquiries Lyon & Turnbull Ltd. 33 Broughton Place Edinburgh EH1 3RR Tel. 0131 557 8844 Fax. 0131 557 8668 Email. info@lyonandturnbull.com www.lyonandturnbull.com

Catalogue: ÂŁ15

Front Cover Lot 97 (detail)

Inside Front Cover Lot 46 (detail)

Inside Back Cover Lot 108 (detail)

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Buyer’s Guide This sale is subject to our standard Conditions of Sale (available at the back of every catalogue and on our website).

If you have not bought at auction before we will be delighted to advise you.

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Catalogue descriptions

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These are for guidance only and all lots are sold ‘as found’, as per our Conditions of Sale.

25% up to £100,000/20% thereafter.

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Additional VAT † VAT at the standard rate payable at the standard rate on the hammer price

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* 5% import VAT payable on the hammer price

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Droit de Suite § indicates works which may be subject to the Droit de Suite or Artist’s Resale Right, a royalty payment for all qualifying works of art. Under new legislation which came into effect on 1st January 2012, this applies to living artists and artists who have died in the last 70 years. This royalty will be charged to the buyer on the hammer price and in addition to the buyer’s premium. It will not apply to works where the hammer price is less than €1,000 (euros). The charge for works of art sold at and above €1,000 (euros) and below €50,000 (euros) is 4%. For items selling above €50,000 (euros), charges are calculated on a sliding scale.

More information on Droit de Suite is available at www.dacs.org.uk

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Import/Export Prospective buyers are advised that several countries prohibit the importation of property containing materials from endangered species, including but not limited to; rhino horn, ivory, coral and tortoiseshell.

Accordingly, prospective buyers should familiarise themselves with all relevant customs regulations prior to bidding if they intend to import lots to another country. It is the buyer’s sole responsibility to obtain any relevant export or import licence. The denial of any licence or any delay in obtaining licences shall neither justify the recession of any sale nor any delay in making full payment for the lot.

Endangered Species Please be aware that lots marked with the symbol Y contain material which may be subject to CITES regulations when exporting outside the EU. For more information visit http: // www. defra.gov.uk/ahvla-en/ imports-exports/ cites

Scottish Paintings & Sculpture 3

Meet the Specialists At Lyon & Turnbull we want to make buying at auction as easy and enjoyable as possible.

Our specialist team are on hand to assist you, whether you are looking for something in particular for your home or collection, require more detailed information about the history or current condition of a lot, or just want to find out more about the auction process.

Nick Curnow

Carly Shearer

Charlotte Riordan

Philip Smith

Head of Department

Specialist

Specialist

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nick.curnow@lyonandturnbull.com

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4 Lyon & Turnbull

1 GEORGE HOUSTON R.S.A., R.S.W., R.I. (SCOTTISH 1869-1947) BRIDGE OVER A STREAM, AUTUMN Signed, oil on canvas 71cm x 91cm (28in x 36in)

£1,500-2,000

2 DUNCAN CAMERON (SCOTTISH 1837-1916) A CROFTER’S HARVEST Signed, oil on canvas 51cm x 76cm (20in x 30in)

£2,000-3,000

3 JAMES CAMPBELL NOBLE R.S.A. (SCOTTISH 1846-1913) HAY BARGES OFF THE DUTCH COAST Signed, oil on canvas 46cm x 61cm (18in x 24in)

£1,000-1,500

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4 EUGENE DEKKERT (SCOTTISH FL.1899-1940) RETURN OF THE FLEET Signed, oil on canvas 54cm x 76cm (21.25in x 30in)

£1,000-1,500

5 ALEXANDER IGNATIUS ROCHE R.S.A. (SCOTTISH 1861-1921) IRISH FAIR Signed, oil on panel 25.5cm x 35.5cm (10in x 14in)

£500-800

6 GEORGE SMITH R.S.A. (SCOTTISH 1870-1930) FEEDING THE CALVES Signed, oil on board 41cm x 51cm (16in x 20in)

£800-1,200 Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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7 ALEXANDER NASMYTH (SCOTTISH 1758-1840) HALF LENGTH PORTRAIT OF MATTHEW POOLE Inscribed on the reverse ‘ 1779, re-lined 1880’, oil on canvas, feigned oval 76cm x 63cm (30in x 25in)

£3,000-5,000 Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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8 JAMES GILES R.S.A. (SCOTTISH 1801-1870) CRAIGEVAR CASTLE Signed and dated 1828, oil on board, arched top 37cm x 75.5cm (14.75in x 29.75in) Note: The castle is reputed to be the inspiration for Walt Disney’s Magic Kingdom.

£800-1,200

9 REV. JOHN THOMSON OF DUDDINGSTON H.R.S. (SCOTTISH 1778-1840) DUNURE CASTLE WITH ARRAN IN THE DISTANCE Signed, oil on canvas 65cm x 96.5cm (26in x 38in) Literature: Robert W. Napier, Rev. John Thomson of Duddingston, 1919, p.484

£2,000-3,000

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10 EDMUND THORNTON CRAWFORD R.S.A. (SCOTTISH 1806-1885) BARGES ON A DUTCH CANAL Signed, oil on canvas 51cm x 81cm (20in x 32in)

£3,000-5,000

11 [§] WALLER HUGH PATON R.S.A., R.S.W. (SCOTTISH 1828-1895) BRODICK BAY, ARRAN Signed, inscribed and indistinctly dated, watercolour, arched top 37cm x 67cm (14.5in x 26.25in)

£800-1,200

12 WALLER HUGH PATON R.S.A., R.S.W. (SCOTTISH 1828-1895) GLEN CALLATER Signed and dated 1872, oil on canvas, arched top 49cm x 74.5cm (19.25in x 29.25in)

£1,500-2,000

13 DAVID FARQUHARSON A.R.A., A.R.S.A., R.S.W., R.O.I. (SCOTTISH 1840-1907) HILLS ABOVE DUNKELD Signed and dated 1892-3, signed with initials and inscribed verso, oil on canvas 41cm x 61cm (16in x 24in)

£2,000-3,000 Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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14 DUNCAN CAMERON (SCOTTISH 1837-1916) TOM DHU, GLENFINLAS, EVENING Signed, inscribed on old label verso, oil on canvas 61cm x 91cm (24in x 36in)

£1,000-1,500

15 WILLIAM STEWART MACGEORGE R.S.A. (SCOTTISH 1861-1934) CHILDREN

BY THE BEACH, SOLWAY FIRTH Signed, oil on canvas 41cm x 61cm (16in x 20in)

£1,000-1,500

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16 ALFRED DE BREANSKI SENIOR (BRITISH 1852-1928) A SEPTEMBER MORN - THE EAGLE’S ROCK, LOCH KATRINE Signed, signed and inscribed verso, oil on canvas 51cm x 76cm (20in x 30in)

£3,000-5,000

17 WILLIAM R. C. WATSON (SCOTTISH 1831-1921) SHEEP ON A HILLSIDE Signed and dated 1898, oil on canvas 31cm x 46cm (12in x 18in)

£800-1,200 Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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LOUIS BOSWORTH HURT Born in 1856 in Ashbourne, Kent, Louis Bosworth Hunt is best known for his evocative landscape paintings. Hurt lived in Derbyshire with his wife Harriet where he painted the local moors and his own herd of highland cattle. Part of his early training was as the pupil of George Turner, who was dubbed ‘Derbyshire’s John Constable’. Most of Hurt’s work was carried out at his home in Ivonbrook, and he also owned a cottage in North Wales, where he would paint autumn scenes of Snowdonia and the surrounding landscape, however, his foremost inspiration lay in the wilderness of the Scottish Highlands.

In this painting Hurt masterfully depicts the Scottish landscape, capturing its magnificent scale and grandeur. In the foreground Hurt depicts a herd of highland cattle, whilst conveying a sense of atmospheric drama through the swirling mist and the storm passing over the mountains.

18 LOUIS BOSWORTH HURT (BRITISH 1856-1929) IN THE HIGHLANDS Signed and dated 1900, oil on canvas 51cm x 76cm (20in x 30in) Provenance: Richard Green Fine Paintings, London

£8,000-12,000

Hurt continued in the tradition of Victorian landscape painting that is most famously depicted by artists such as Horatio McCulloch, Edwin Landseer and John Constable. A prolific painter, he exhibited thirteen paintings at the Royal Academy, starting in the 1880s, as well as at the Royal Society of British Artists. His paintings were highly sought after by collectors for their poetic sense of nostalgia during a period when the effects of rapid industrialisation caused a widespread sense of longing for a rapidly disappearing way of life.

19 LOUIS BOSWORTH HURT (BRITISH 1856-1929) PASS OF BRANDER, LOCH AWE Signed and dated 1901, oil on canvas 91cm x 137cm (36in x 54in) Provenance: Ian MacNicol, Glasgow

£15,000-20,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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20 LOUIS BOSWORTH HURT (SCOTTISH 1856-1929) HIGHLAND CATTLE IN A MOUNTAIN GLEN Signed and dated 1880, oil on canvas 107cm x 154cm (42in x 60.5in) Exhibited: Corporation of Nottingham, Autumn Exhibition of Pictures

£4,000-6,000

21 LOUIS BOSWORTH HURT (SCOTTISH 1856-1929) MOORLAND AND WANDERING MISTS WITH CATTLE Signed, oil on canvas 31cm x 46cm (12in x 18in)

£1,500-2,000

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22 ATTRIBUTED TO CHARLES KAY ROBERTSON (SCOTTISH FL.1877-1931) THREE QUARTER LENGTH PORTRAIT OF WILLIAM BIRNIE RHIND Oil on canvas 127cm x 80cm (50in x 31.5in) Note: This may well be the portrait of Rhind exhibited by Robertson at the R.S.A in 1887.

£500-800

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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23 SAM BOUGH R.S.A. (SCOTTISH 1822-1878) HARVEST-TIME Signed and dated 1868, oil on canvas 25.5cm x 35.5cm (10in x 14in)

£2,000-3,000

24 GEORGE HOUSTON R.S.A., R.S.W., R.I. (SCOTTISH 1869-1947) ROAD BY THE LOCH Signed, oil on canvas 71cm x 91cm (28in x 36in)

£1,500-2,000

Scottish Paintings & Sculpture 17

25 WILLIAM PAGE ATKINSON WELLS (SCOTTISH 1872-1923) GEESE AND FARM BUILDINGS Signed, oil on canvas 51cm x 89cm (20in x 35in)

£2,000-3,000

26 WILLIAM PAGE ATKINSON WELLS (SCOTTISH 1872-1923) SHEEP GRAZING Signed, oil on canvas 63.5cm x 76cm (25in x 30in)

£1,000-1,500

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27 SAM BOUGH R.S.A. (SCOTTISH 1822-1878) FIREWORKS OVER EDINBURGH 10TH MARCH 1863 Signed and indistinctly dated, inscribed on a contemporary label verso ‘The Marriage of the Prince of Wales’, oil on panel 24cm x 54.5cm (9.5in x 21.5in) Note: There is a contemporary cutting from The Courant newspaper verso dated March 16, 1863 which states ‘We had the pleasure of seeing in Mr Bough’s studio on Saturday last, a small sketch in oils of the splendid illuminations which gave such universal satisfaction on Tuesday evening. The sketch is taken from the Calton Hill; and the long line of Princes Street filled with a living tide of happy and good humoured sightseers; the deep valley between the Old and New Town; the Scott Monument; the steep slope of the Castle bank blazing with padelle (sic), the grand old fortress itself with its battlements and embrasures lit up with flickering flames; the spire of St.Giles with its coronets of coloured lights and the beautiful outlines of the dome of St.George’s defined by long lines of pure white light are all brought before us within the space of a foot square ......No artist in our school is so well fitted as Mr Bough to depict ‘The festal city’s blaze’.

£4,000-6,000

‘No artist in our school is so well fitted as Mr. Bough to depict the festal city’s blaze’ - The Courant newspaper Considered to be one of the most influential and prolific Scottish landscape painters of the 19th century, Sam Bough was a self-taught artist who spent much of his career working in Scotland. Born in 1822 in Carlisle, Bough settled in Manchester where he worked as a scene painter in the Theatre Royal. After moving to Glasgow he continued to paint whilst working at the New Princes Theatre. Bough’s reputation as a topographical and landscape painter grew during the 1850’s, and by the time he resettled in Edinburgh he had established himself as a successful landscape artist. Whilst living in the capital he created some of his most important paintings.

Fireworks over Edinburgh 10th March 1863 masterfully depicts the city amidst its celebrations of the marriage of Prince Edward VII, the eldest son of Queen Victoria and Prince Albert. Bough’s experience of working as a theatre scene painter is reflected through the confidence by which he works in a small scale and effortlessly captures the fleeing atmospheric effects. Sketched from the top of Carlton Hill, the painting is both a celebration of the wedding and the city itself. The firework display illuminates the city’s landmarks including the fortress, Scott Monument and spires of St. Giles Cathedral. Bough’s interest in the depiction of the changing effects of light is reflected through the dramatic representation of the fiery night sky over the city. Whilst in the foreground a tide of sightseers adds to the sense of vitality to the scene. Bough’s restless energy is revealed through his expressive colouring which effortlessly captures the mood of the joyous event. His spontaneity, loose technique and interest in capturing the fleeing atmospheric effects establishes him as an important predecessor of the Scottish Impressionists, paving the way for the development towards a freer, plein air style.

Contemporary historical records reveal the extent to which this Royal Wedding was a national celebration. In the English village of Goudhurst, there was a full day of public celebrations, starting with the ‘distribution of meat to the widowers, widows, sick poor and aged,’ followed by a procession, different servings of tea and refreshments, and a large bonfire in the evening. In the week following the wedding, a whole ox was roasted on the Plain, and the meat distributed to over 400 people over the course of the next few days. A rib from the ox remains in the collection of the Goudhurst historical society.

The sale of this striking painting coincides with another Royal wedding, that of the Prince of Wales and Meghan Markle on 19th May 2018.

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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28 HUGH CAMERON R.S.A., R.S.W., R.O.I. (SCOTTISH 1835-1918) HOLDING THE SKEIN Signed, oil on canvas 56cm x 71cm (22in x 28in) Note: There was a painting of the same title exhited at the R.S.A. 1883, no.197

£2,000-3,000

29 WILLIAM DARLING MCKAY R.S.A. (SCOTTISH 1844-1924) THE POTATO DIGGERS Signed, oil on canvas 33cm x 48cm (13in x 19in) Provenance: Fine Art Society, October 1986

£1,000-1,500 Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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30 JAMES CASSIE R.S.A., R.S.W. (SCOTTISH 1819-1879) THE FISHERMAN’S DAUGHTER BAITING LINES Signed and dated 1863, oil on canvas 46cm x 56cm (18in x 22in) Exhibited: Scottish National Exhibition, Glasgow 1911

£2,000-3,000

31 ERSKINE NICOL R.S.A., A.R.A. (SCOTTISH 1825-1904) COLD SHOULDER Signed and dated 1866, oil on canvas 33cm x 46cm (13in x 18in)

£1,000-1,500

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32 NORAH NEILSON GRAY R.S.W. (SCOTTISH 1882-1931) ’EXOTIC’ Signed, oil on canvas 113cm x 87cm (44.5in x 34.25in) Exhibited: Royal Glasgow Institute of the Fine Arts 1924, no.283, Ill.48 Kelvingrove Museum and Art Gallery, Glasgow Girls - Women in Art and Design 1880-1920, 1990-91, Illustrated fig. 315 Note: The model for the painting was Rita McIlraith but the artist did not want to use her name in the title and hence it was called ‘Exotic.’

£8,000-12,000

Norah Neilson Gray was a Scottish artist known for her striking portraits, and remarkable ability to capture the essence of the sitter. She achieved international status and recognition during her lifetime, and was one of the most esteemed female painters of the early twentieth century.

Born in 1882 in Helensburgh, Gray began her artistic career at ‘The Studio’; a private drawing studio where young ladies received artistic instruction before they were granted entry into the schools of art.

The studio received notable visits from Glasgow Boy artists, such as Alexander Roche and John Lavery. Soon after, in 1901, Neilson gained entry to the Glasgow School of Art. Impressively, whilst still a student, she exhibited at the Salon in Paris, as well as the Glasgow Institute and the Royal Academy, where she was to continue to show until 1926. After graduating in 1906, she stayed at the school to teach fashion and design. By 1910 Gray had her own studio, and held her first solo show at Warneuke’s Gallery in Glasgow. Following the outbreak of the First World War, she went to France to work as a Voluntary Aid Detachment nurse for the Scottish Women’s Hospital.

During her limited free time she continued to paint, and used her experience to produce some of her most emotionally powerful work.

After the end of the war she returned to Glasgow where she quickly began to receive a large number of commissions for portraits, many from well-known Glaswegians. In the spirit of Gustav Klimt, Gray was known for giving prominence to flowers, textiles and other

decorative elements. In 1921 her talent was further recognised when she became the first women to be appointed to the hanging committee of the Royal Glasgow Institute of Fine Arts. Following this, her successful career continued, and she regularly exhibited in Scotland, London and Paris. At the time of her early death in 1931, she was considered ‘the foremost Scottish female painter’.

Exotic (1923) was painted at the height of Gray’s artistic career - the same year she won her second Bronze Medal at the Paris Salon.

The painting was kept as a ‘masterpiece’ work, on show in her studio to demonstrate her skill to potential patrons. Gray’s talent and experience as a design teacher is reflected in the sitter’s exquisite yellow dress, fashionable necklace and matching bright earrings.

Surrounded by an array of flowers, which subtly echo the patterns on her clothing, the image reinterprets notions of orientalism and the exotic. She is depicted against a stark background which allows the viewer to focus and marvel at her beauty. The dress reveals the sitter’s shoulders and pale skin, which is complimented by her dark hair and striking red lips. Depicted sitting down with her hands clasped, her direct gaze confronts the viewer, whilst her rather sombre expression juxtaposes with the bright and colourful clothing.

The piece is an excellent example of Gray’s masterful handling of paint, and remarkable talent as a portraitist.

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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33 [§] JOHN BULLOCH SOUTER (SCOTTISH 1890-1972) THE PINK BONNET Signed and dated ‘31, pastel 61cm x 41cm (24in x 16in)

£600-900

34 SIR JOHN LAVERY R.A., R.S.A., R.H.A., P.R.P., R.O.I., L.L.B. (IRISH 1856-1947) SIR PERCY GREENAWAY - LORD MAYOR ELECT Signed and inscribed, oil on board 42cm x 29cm (16.5in x 11.5in)

£500-800

35 HARRINGTON MANN R.P., R.E. (SCOTTISH 1864-1937) PORTRAIT OF MISS ISLA MARTIN WITH AN ARROW BROOCH Signed, mixed media 28cm x 20cm (11in x 8in)

£800-1,200

36 EDWARD ARTHUR WALTON R.S.A., P.R.S.W., H.R.W.S. (SCOTTISH 1860-1922) THE SUNDAY HAT Feigned tondo, oil on canvas laid down 51cm (20in) diam.

£6,000-8,000

37 WILLIAM MCTAGGART R.S.A., R.S.W. (SCOTTISH 1835-1910) PORTRAIT OF A YOUNG MAN Oil on board 25.5cm x 20cm (10in x 8in) Literature: J. Caw, William McTaggart 1917, p.222 Exhibited: Fine Art Society Edinburgh, Spring ‘88, no.83 Note: This is possibly a portrait of the artist’s brother, Duncan. Caw lists a portrait of the same size as having been painted c.1852/3.

£1,500-2,000 Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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38 DUNCAN CAMERON (SCOTTISH 1837-1916) HARVEST-TIME Signed, oil on canvas 41cm x 61cm (16in x 24in)

£2,000-3,000

39 ROBERT HOUSTON R.S.W. (SCOTTISH 1891-1942) INVERUGLAS Signed, oil on canvas 101.5cm x 130cm (40in x 51in)

£1,000-1,500

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40 JAMES KAY R.S.A., R.S.W. (SCOTTISH 1858-1942) A PARISIAN STREET SCENE Signed, oil on board 51cm x 61cm (20in x 24in)

£4,000-6,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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41 WILLIAM MARSHALL BROWN R.S.A., R.S.W. (SCOTTISH 1863-1936) UNLOADING THE CATCH Signed, oil on canvas 91cm x 147cm (36in x 58in)

£6,000-8,000

Scottish Paintings & Sculpture 29

42 ROBERT MCGREGOR R.S.A. (SCOTTISH 1847-1922) SHRIMPERS Signed, oil on canvas 56cm x 92cm (22in x 36in)

£3,000-5,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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43 DAVID FARQUHARSON A.R.A., A.R.S.A., R.S.W., R.O.I. (SCOTTISH 1840-1907) A HIGHLAND CLACHAN Signed, oil on canvas 51cm x 81cm (20in x 32in)

£2,000-3,000

44 DAVID GAULD R.S.A. (SCOTTISH 1865-1936) CALVES BY A WATER-BUTT Signed, oil on canvas 35.5cm x 56cm (14in x 22in)

£1,500-2,500

45 EDWARD ATKINSON HORNEL (SCOTTISH 1864-1933) GATHERING WILD FLOWERS Signed and dated 1918, oil on canvas 51cm x 61cm (20in x 24in)

£6,000-8,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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46 WALLER HUGH PATON R.S.A., R.S.W. (SCOTTISH 1828-1895) DREAMTHORP Signed with a monogram and dated 1865, old label to stretcher verso with title and inscription, oil on canvas, arched top 73cm x 137cm (29in x 54in) Provenance: John Mood, Rosehall for £100 c. 1865 Exhibited: Royal Scottish Academy 1865, no.437 Literature: Waller H. Paton, Pen and Pencil memoranda of Exhibited works by me in Oils and Watercolour, Vol 1 1848-1865, unpublished m.s

£8,000-12,000

The Pre-Raphaelite movement had a profound influence on 19th century Scottish painting and this is none more evident than in the vivid sunsets and naturalism of Waller Hugh Paton’s idealistic landscapes. The younger sibling of artist Sir Joseph Noel Paton and sculptor Amelia Robertson Hill, Waller Hugh Paton was almost entirely self-taught, except for a few lessons in watercolour by John Adam Houston.

Working mainly in both watercolour and oil, Paton’s success grew rapidly with his landscapes enjoying enormous popularity with the public. His reputation earned him a royal commission from Queen Victoria in 1862 and he became a member of the Royal Scottish Academy in 1965, where he exhibited extensively.

His remarkable skill for depicting the natural beauty of Scotland can be seen clearly in Dreamthorp. Named after a group of essays by renowned Scottish poet, Alexander Smith, Paton clearly draws influence from the work. Based on the town of Linlithgow,

Dreamthorp is a fictional place created by Smith. He uses vivid descriptions reminiscent of the West Lothian town such as ‘a castle, a chapel, a lake, a straggling strip of grey houses, with a blue film of smoke over all, lying embossed in emerald.’ These descriptions captured the imagination of Paton, who developed his painting from sketches of Linlithgow completed the previous year. The sunset bathes the palace and loch in a warm, inviting light, with the figure in the boat contributing to a sense of peaceful solitude, framed on either side by greenery and nature.

In perhaps a playful reaction to Smith’s lines ‘I make a frame of my fingers, and look at my picture. On the walls of the next academy’s exhibition will hang nothing half so beautiful,’ Paton’s picture perfectly complements Smith’s vivid and atmospheric descriptions.

Painted during the peak of Paton’s career, the work is an excellent example by one of the most prominent Scottish landscape painters working in the Pre-Raphaelite style.

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

Scottish Paintings & Sculpture 33

47 JOSEPH HENDERSON R.S.W. (SCOTTISH 1832-1908) CLEARING AFTER RAIN Signed, oil on canvas 46cm x 76cm (18in x 30in)

£1,000-1,500

48 ALFRED DE BREANSKI SENIOR (BRITISH 1852-1928) LLYN-Y-GUDER, DOLGELLY, NORTH WALES Inscribed with title and artist’s Lewisham address on old label verso, oil on canvas 76cm x 127cm (30in x 50in)

£4,000-6,000

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49 JOHN QUINTON PRINGLE (SCOTTISH 1864-1925) FIELD WORKERS Signed and dated ‘94, watercolour 11.5cm x 15cm (4.5in x 6in) Provenance: Ewan Mundy Fine Art Ltd, Glasgow

£2,000-3,000

50 JOHN QUINTON PRINGLE (SCOTTISH 1864-1925) GOOSE-GIRL Pen and ink 7.5cm x 10.75cm (3in x 4.5in) Provenance: Ewan Mundy Fine Art Ltd, Glasgow Andrew McIntosh Patrick Esq James Meldrum?

£500-800

51 JOHN QUINTON PRINGLE (SCOTTISH 1865-1925) ON THE BEACH, GREENOCK Signed, inscribed and dated 1884, watercolour 12cm x 16.5cm (4.75in x 6.5in)

£800-1,200

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52 WILLIAM MCTAGGART R.S.A., R.S.W. (SCOTTISH 1835-1910) UPPER REACHES OF THE FORTH Signed, watercolour 33cm x 50cm (13in x 19.5in) Exhibited: Tate Gallery London, McTaggart Centenary Exhibition 1935 National Gallery of Scotland, William McTaggart 1989, no.184

£2,000-3,000

53 [§] JOHN MACLAUCHLAN MILNE R.S.A. (SCOTTISH 1886-1957) RETURN OF THE FLEET Signed, watercolour 46cm x 61cm (18in x 24in)

£1,000-1,500

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54 [§] ROBERT RUSSELL MACNEE R.G.I. (SCOTTISH 1880-1952) FISHERMAN ON A DESERTED SANDY BEACH Signed and dated ‘33, oil on canvas 41cm x 61cm (16in x 24in)

£1,000-1,500

55 WILLIAM STRANG R.A., R.P.E. (SCOTTISH 1859-1921) THE SEA LOCH Signed, oil on canvas 41cm x 51cm (16in x 20in)

£800-1,200

56 [§] WILLIAM SEMPLE (SCOTTISH 1896-1964) TOWARDS MULL FROM ARD ANNRAIDH Signed, oil on board 52cm x 65cm (20.5in x 25.5in)

£1,500-2,000

57 [§] WILLIAM SEMPLE (SCOTTISH 1896-1964) ST. TROPEZ WATERFRONT 1934 Signed, oil on canvas 61cm x 51cm (24in x 20in)

£2,000-3,000 Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

38 Lyon & Turnbull

58 [§] WILLIAM SEMPLE (SCOTTISH 1896-1964) CADAQUES 1950 Signed, watercolour 44cm x 44cm (17.25in x 17.25in)

£800-1,200

59 [§] STANLEY CURSITER C.B.E., R.S.A., R.S.W. (SCOTTISH 1887-1976) THE PINK SHOP, STROMNESS Signed and dated 1951, oil on board 41cm x 46cm (16in x 18in)

£2,000-3,000

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60 JOHN DUNCAN R.S.A., R.S.W. (SCOTTISH 1866-1945) MURAL FOR ST PETER’S PRIMARY SCHOOL Mixed media on canvas 330cm x 450cm (140in x 177in)

£8,000-12,000

The Mural for St Peters Primary School was painted by the Scottish artist John Duncan, as part of the Sir Patrick Geddes initiative to promote art in public areas. Geddes sought to apply his motto, Vivendo Discimus, ‘by living we learn,’ to every aspect of his life and work. He founded the Edinburgh Social Union, endeavouring to make art accessible to all social classes, so that everyone had the opportunity to learn from it.

Geddes felt strongly that unlike pictures in books, mural paintings shaped the physical environment. Based on the principal that art was essential to public good, murals were envisioned as permanent images that could be seen daily by the impressionable young, in hope that they might instil values or inspire belief. John Duncan, a close associate of Geddes, and one of the principal artists for his periodical ‘Evergreen’, created this mural for St Peter’s Roman Catholic School in Edinburgh in 1912. Reflecting his experience as a teacher in the early 1900s, Duncan attempts to enter the child’s imagination, by creating a vivid and exciting piece with scenes from nursery rhymes, mythology and fairy tales.

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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61 THOMAS FAED R.S.A. (SCOTTISH 1826-1900) THE MILKMAID Signed, oil on canvas 76cm x 51cm (30in x 20in )

£2,000-3,000

62 HUGH CAMERON R.S.A., R.S.W., R.O.I. (SCOTTISH 1835-1918) THE SKYLARK Inscribed on an old label verso, oil on canvas 31cm x 25.5cm (12in x 10in)

£600-800

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63 WILLIAM MARSHALL BROWN R.S.A., R.S.W. (SCOTTISH 1863-1936) LOOKING OUT TO SEA Signed, oil on canvas 41cm x 51cm (16in x 20in)

£4,000-6,000

64 ROBERT GEMMELL HUTCHISON R.B.A., R.O.I., R.S.A., R.S.W. (SCOTTISH 1860-1936) WEE TODLIKENS Signed, signed and inscribed verso, oil on board 22.5cm x 28cm (9in x 11in)

£2,000-3,000

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65 GEORGE HOUSTON R.S.A., R.S.W., R.I. (SCOTTISH 1869-1947) PASSING CLOUDS - IONA ABBEY Signed, oil on canvas 61cm x 91cm (24in x 36in)

£1,500-2,000

66 THOMAS AUSTEN BROWN A.R.S.A., R.S.W., R.I. (SCOTTISH 1857-1924) THE HOP HARVEST Oil on canvas 38cm x 53.5cm (15in x 21in) Provenance: Fine Art Society Ltd, London 1987

£2,000-3,000

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67 [§] JAMES MCINTOSH PATRICK R.S.A., R.O.I., A.R.E., L.L.D. (SCOTTISH 1907-1998) J.K.M. AT THE 4TH HOLE SCOTSCRAIG GOLF CLUB Signed and dated ‘69, oil on canvas 63cm x 76cm (25in x 30in)

£3,000-5,000

68 JAMES HAMILTON A.R.S.A. (SCOTTISH 1853-1894) TEEING OFF Signed and dated ‘91, oil on canvas 30.5cm x 46cm (12in x 18in)

£2,000-3,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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69 DAVID FARQUHARSON A.R.A., A.R.S.A., R.S.W., R.O.I. (SCOTTISH 1840-1907) THE GREY MARE’S TAIL NEAR THE CLACHAN OF ABERFOYLE Signed and dated 1890, oil on canvas 46cm x 35.5cm (18in x 14in)

£1,200-1,800

70 STUART JAMES PARK (SCOTTISH 1862-1933) STILL LIFE OF ROSES Signed twice, oil on canvas 51cm x 51cm (20in x 20in)

£1,200-1,800

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71 SIR JAMES GUTHRIE P.R.S.A., H.R.A., R.S.W., L.L.D (SCOTTISH 1859-1930) CATTLE IN ORCHARD C.1886, oil on canvas laid on board 65cm x 89cm (25.5in x 35in)

£40,000-60,000

When this painting was begun in 1886, James Guthrie was struggling with the use of larger canvases, often leaving them unfinished in his studio. One such picture of fieldworkers pitting potatoes was subject to his frustration due to the light and the shadows refusing to come together in the way he envisioned. It was destroyed in a turn of anger.

He wrote to his cousin, James Gardiner, requesting a university calendar in order to give up his art and go back to studying law.

Gardiner convinced him to keep painting, giving him a commission to paint a portrait of his father, and to return to Glasgow to escape the isolation of winters in Cockburnspath.

Luckily, there were other similarly challenging canvases which did not meet the same fate. One of Guthrie’s most well known works, In the Orchard, was painted during this troublesome period, also in Cockburnspath. Now belonging to the National Galleries of Scotland, the painting was critically acclaimed throughout Europe and the UK and widely acknowledged as one of the greatest paintings to come out of the Glasgow Boys’ movement.

Note: Bearing letter from Guthrie’s son verso ‘This unsigned oil picture (a landscape with cattle) was executed by my father the late Sir James Guthrie, RSA. It was painted about the year 1886 but not finished; and later, some two or three years before his death, he had it relined, with the intention of completing it, but he did little further work upon it. The picture was in his studio at the time of his death. It is included in the catalogue compiled Sir James L. Caw for his biography of my father, under the title ‘Cattle in Orchard’. Signed J. W. B. Guthrie and dated 27th June 1932.

Mentioned in the catalogue in Caw’s monumental biography of Guthrie under the title of Cattle in Orchard this painting is stated as belonging to Sir F.C. Gardiner. This refers to the shipbuilder and wellregarded benefactor of Glasgow University, Frederick Gardiner, who was Guthrie’s cousin and the subject of a portrait by Guthrie which belongs to Glasgow Museums.

Cattle in Orchard lay unfinished for many years, however, three years before Guthrie’s death it was brought back into his studio with the intent to complete it, indicating that he had not given up on the idea of finishing the painting. It is very similar in style to In the Orchard, depicting the light coming through the fruit-bearing trees onto a woman and cattle standing in the orchard. The reverse of the painting features a letter from Guthrie’s son, explaining the picture’s history.

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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72 [§] SIR WILIAM OLIPHANT HUTCHISON P.R.S.A., R.P. (SCOTTISH 1889-1970) A LEAFY POOL Signed, oil on canvas 46cm x 61cm (18in x 24in)

£1,000-1,500

73 [§] ALBERTO MORROCCO R.S.A., R.S.W., R.P., R.G.I., L.L.D. (SCOTTISH 1917-1998) SHELL AND DRIFTWOOD STUDY Signed and dated ‘49, watercolour and pencil 26cm x 30cm (10.25in x 11.75in)

£800-1,200

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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74 JAMES WATTERSTON HERALD (SCOTTISH 1859-1914) ARRIVAL IN PORT Signed, watercolour 22cm x 31cm (9in x 12in)

£800-1,200

75 JAMES WATTERSTON HERALD (SCOTTISH 1859-1914) FLOWER ARRANGING Signed, watercolour 27cm x 25.5cm (10.75in x 10in)

£1,000-1,500

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76 JAMES WATTERSTON HERALD (SCOTTISH 1859-1914) A COUNTRY FAIR Signed, pastel 37.5cm x 32cm (14.5in x 12.5in)

£1,000-1,500

77 JAMES WATTERSTON HERALD (SCOTTISH 1859-1914) WOMEN IN A GARDEN Signed, pastel 41cm x 46cm (16in x 18in)

£1,000-1,500

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78 [§] ALBERTO MORROCCO R.S.A., R.S.W., R.P., R.G.I., L.L.D. (SCOTTISH 1917-1999) VIEW FROM ANTICOLI Signed, oil on canvas 31cm x 46cm (12in x 18in) Provenance: The artist’s children

£3,000-5,000

79 [§] SIR WILLIAM MACTAGGART R.A., P.R.S.A., F.R.S.E., R.S.W. (SCOTTISH 1903-1981) FARM BUILDINGS Signed, oil on canvas 41cm x 61cm (16in x 24in)

£2,000-3,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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80 SIR DAVID YOUNG CAMERON R.A., R.S.A., R.W.S., R.S.W., R.E. (SCOTTISH 1865-1945) LOCH RANNOCH AFTERGLOW Signed, oil on canvas 25.5cm x 30cm (10in x 12in)

£4,000-6,000

81 PATRICK DOWNIE R.S.W. (SCOTTISH 1854-1945) GREENOCK ESPLANADE Signed, oil on canvas 31cm x 46cm (12.25in x 18in)

£800-1,200

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82 [§] SIR WILLIAM GEORGE GILLIES C.B.E., R.A., R.S.A., P.R.S.W., L.L.D. (SCOTTISH 1896-1973) EILEAN DONAN Signed, pen and ink and watercolour 51cm x 63.5cm (20in x 25in) Provenance: Mercury Gallery, London 1984 who suggest a date of 1938

£3,000-5,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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JOAN EARDLEY Joan Eardley is recognised as one of the great Scottish artistic talents of the 20th century, capturing the essence of some distinctly Scottish people and places; from the energy and community of a quickly disappearing urban way of life in the east end of Glasgow, to the drama and brutality of varying weather effects on the small fishing village of Catterline on the North-East coast.

In the two scenes offered here, Eardley turns her original eye and hand to the streets of Paris and her favoured home of Glasgow, though in a rare turn, this time she focusses on the structures her subjects inhabited rather than the subjects themselves.

In Glasgow Tenement with Grafitti, it is a delight to see Eardley working in oil to capture the vivid texture and palette of a Glasgow tenement. She has cropped the scene so specifically, and worked so loosely that it takes the viewer a moment to adapt and recognise what they are seeing. As the subject comes into focus, we are drawn to the details – the strikingly graphic graffiti, the little heads peeking through the window, the cat curled up on the steps – that reveal the community and life inhabiting this dilapidated building. It is a strikingly accomplished artwork, and a visually powerful image, yet it also works as an historical record of a community way of life that Eardley knew, even as she was painting, was coming to an end.

In Houses, Paris, Eardley takes a more typical viewpoint, depicting the structure of Parisian apartments, revealing their distinctive character, and intriguing the viewer as to what lives and dramas may be occurring inside. The work unfolds across two pieces of paper that the artist has joined – a typical action of Eardley, and an adaptation that only adds to the appeal for her collectors. She was a committed artist, who took her work very seriously, yet she rarely became precious about the condition or approach of individual pieces, happy to add extra expanses of paper when required, or work loosely on the rough texture of sandpaper, to stuff sketches in drawers where they gained additional tears and textures. When working in Catterline, she would even go as far as to leave her large oil works outside subject to exposure to the elements, feeling this experience improved rather than ruined her art. ‘Houses, Paris’ is mostly worked in shades of brown and grey, exactly as we would expect, yet Eardley is able to lift and energise the composition with flashes of bright blue and green.

In both these works, an order and vision arises out of an image that at first glance may seem or feel to be messy or chaotic. In essence, this is Eardley’s distinct skill in art; she was always led by her dynamic, chaotic subjects – the innocence of the street children of Townhead, the awe-inspiring drama of the Catterline coast, and her techniques were guided by them. These were difficult, ever-changing subjects but somehow she manged to engage with them, experience them and capture an essence of them for us; revealing with care both the order and the chaos, the beauty and the mess, an artistry and the reality.

Scottish Paintings & Sculpture 53

84 [§] JOAN EARDLEY R.S.A. (SCOTTISH 1921-1963)

83 [§] JOAN EARDLEY R.S.A. (SCOTTISH 1921-1963) HOUSES, PARIS Signed, pencil, coloured chalk and wash

GLASGOW TENEMENT WITH GRAFFITI Oil on board 33cm x 34.5cm (13in x 14in)

£20,000-30,000

43cm x 59.5cm (17in x 23.5in) Provenance: Mr & Mrs William Armour Exhibited: Arts Council of Great Britain, Joan Eardley Memorial Exhibition, 1964, no.12

£4,000-6,000 Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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85 [§] JOAN EARDLEY R.S.A. (SCOTTISH 1921-1963) CATTERLINE LANDSCAPE Pastel 23cm x 31cm (9in x 12.25in)

£800-1,200

86 I[§] LEON MORROCCO (SCOTTISH B.1942) BEACHED BOATS Signed, inscribed and dated ‘27/7/59 BENODET’, pen and watercolour 33.5cm x 50.5cm (13.25in x 20in)

£2,000-3,000

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87 [§] ALBERTO MORROCCO R.S.A., R.S.W., R.P., R.G.I., L.L.D. (SCOTTISH 1917-1998) ABSTRACT Oil on four panel double-sided screen 165cm x 38cm (65in x 15in) per panel

£8,000-12,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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88 [§] ANNE REDPATH O.B.E., R.S.A., A.R.A., L.L.D., R.O.I., R.B.A. (SCOTTISH 1895-1965) A STILL LIFE OF GLOXINIA Signed, watercolour 46cm x 38cm (18in x 15in)

£6,000-8,000

89 [§] ANNE REDPATH O.B.E., R.S.A., A.R.A., L.L.D., R.O.I., R.B.A. (SCOTTISH 1895-1965) FARM STEADING, BORDERS Charcoal and watercolour 44cm x 34cm (17.25in x 13.5in) Provenance: Lyon & Turnbull, May 2001, lot 11

£2,000-3,000

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90 [§] ANNE REDPATH O.B.E., R.S.A., A.R.A., L.L.D., R.O.I., R.B.A. (SCOTTISH 1895-1965) FARM AT ASHKIRK Signed, inscribed verso, oil on board 40cm x 52cm (16in x 20.5in)

£15,000-20,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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91 [§] JOHN BULLOCH SOUTER (SCOTTISH 1890-1972) THE BREAKDOWN Signed and dated 1926-62, oil on board 51cm x 53.5cm (20in x 21in) Exhibited: Two Temple Place, Rhythm and Reaction: The Age of Jazz in Britain, 2018, ‘The study of this painting and its reception provides an important example of jazz provoking reaction, ranging from abhorrence to devotion, when first the idea and then the sound of music entered the consciousness of the British public.’

£40,000-60,000

John Bulloch Souter was a Scottish artist, best known for his portraits, and successful copies after Old Masters. Yet one painting by him caused such a furore, that it made headlines in the international press and was removed from display at the Royal Academy’s Summer Exhibition. The painting was The Breakdown, and the year was 1926.

The Breakdown is a strikingly accomplished painting. Yet it was the subject that caused controversy, as the painting depicts a black saxophonist, sitting on a shattered classical statue of Minerva, the goddess of music, while a naked white woman dances to his music. The woman appears to move as though in a trance, totally abandoning herself to the music, and her discarded clothing and shoes are visible in the far corner of the composition. Within days of its exhibition, the British Colonial office contacted the Royal Academy to request the removal of the picture for ‘reasons of state, not art’ and ‘in the interest of the empire.’

Souter claimed that his painting was intended to ‘to illustrate the tendency nowadays for Jazz influence to permeate our daily lives,’ and this was true, jazz was beginning to filter through into wider cultural life and in many circles the radical change this represented, towards freedom and a breaking down of strict social norms, was met with celebration and enthusiasm. Yet, at the same time, the British Empire, and the wider racism it represented, were obviously felt to be under threat, and the incident was featured in news stories as far as the U.S.A., India and South Africa and records made of society figures making comments such as, ‘it would make ruling our natives difficult.’

As cultural researcher George McKay explains, the idea of Jazz had become at this time a catch-all for wider concerns about new social freedoms in the post-war era, as well as the perceived instability of the empire; everything felt to be ‘disruptive, chaotic and dangerous,’ could be located within this scene, and thus read either positively, or negatively, into the picture. We can even read Souter’s title as part of the dichotomy around the reception of jazz; on one hand the freedom it represented, but on the other the suspicions around its subversive nature. The very term ‘breakdown’ could be referring to a musical concept, or in a wider sense, The Breakdown of the established order.

Most surprisingly, some of the British music establishment reacted strikingly negatively, the editor of Melody Maker, spoke out on the picture on behalf of the whole music scene, claiming ‘We jazz musicians … protest against, and repudiate the juxtaposition of an undraped white girl with a black man,’ the picture represents a ‘perversive danger to the community and the best thing that could happen to it is to have it … burnt!’ In fact, Souter did destroy the original painting following the outcry, but kept his original drawings and studies. The subject and painting obviously remained important to him, as much later in his career, he painted a new version, which he dated 1926-62, acknowledging the time that had passed.

In 2018, the story of this sensation demonstrates the ability of art to capture attitudes, its power in upsetting standards and the wide-ranging variations in interpretation of a single image. Society has changed over the last decades, and now the positive enthusiasm for jazz and freedom wins out; looking at the painting today its artistry is evident, and the contemporary comment of the Academy’s President seems more apt, ‘a work of great promise executed with a considerable degree of excellence.’

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Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

60 Lyon & Turnbull

92 [§] SIR WILLIAM MACTAGGART R.A., P.R.S.A., F.R.S.E., R.S.W. (SCOTTISH 1903-1981) THE STUDIO WINDOW Signed, mixed media on blue paper 63cm x 47cm (25in x 18.5in) Exhibited: Scottish Gallery, Edinburgh, Festival Exhibition 1966

£1,000-1,500

93 [§] SIR WILLIAM MACTAGGART P.R.S.A., R.A., F.R.S.E., R.S.W. (SCOTTISH 1903-1981) APPROACH TO THE CATHEDRAL Inscribed and numbered with the studio stamp verso, oil on board 61cm x 51cm (24in x 20in) Provenance: Artist’s studio sale 1989

£1,500-2,000

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94 [§] JOHN MACLAUCHLAN MILNE R.S.A. (SCOTTISH 1886-1957) THE WALLED GARDEN Bears signature, inscribed verso, oil on board 52cm x 63cm (20.5in x 25in) Note: The inscription verso reads ‘This painting is certified to be the work of John Maclauchlan Milne R.S.A. by me Marjorie Horn, sister of his widow Mrs Elizabeth L Maclauchlan Milne as executry of her estate.’

Thomas Justice whose label is to be found verso was the owner of the furniture maker of the same name based at Whitehall Street, Dundee and a major collector of Milne’s work.

£4,000-6,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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95 FRANCIS CAMPBELL BOILEAU CADELL R.S.A., R.S.W. (SCOTTISH 1883-1937) IONA - BEN MORE Signed, signed and inscribed verso ‘Property of G.W. Service’, oil on board 38cm x 46cm (15in x 18in) Provenance: G.W. Service Esq, Myrtle Park, Cove Exhibited: Fine Art Society Ltd, Edinburgh and London, Three Scottish Colourists 1977, no.69

£50,000-70,000

Warmed by the sun, blown by the wind I sat Upon the hill top looking at the Sound. - One Sunday at Iona - F.C.B. Cadell, 1913

Cadell’s distinctive artistic talents were recognised at an early age, most notably by the artist Arthur Melville, who upon observing the younger artist’s drawings, stated that he appeared ‘to know instinctively what most people had to go to art school to learn’.

At the age of sixteen Cadell travelled to Paris, where he studied at the Academie Julien. Living and training in Paris exposed the precocious young artist to the dynamic, avant-garde movements and developments in modern art that were occurring in the city at that time. As was to be expected, the time spent in Paris had a considerable influence on the young artist, and signs of this resonate throughout his career. Despite exploring and absorbing elements from these current trends and movements occurring in the vibrant, bustling streets and studios of Paris, Cadell developed a distinctively individual approach, reflecting his own character and interests. A man interested in all aspects of taste, elegance and style, he brought a sense of this to all his artworks.

The isle of Iona, off the west coast of Scotland, became an inexhaustible source of artistic inspiration, as well as a place of solace, peace and comfort for the artist. Cadell returned every summer from around 1912 to 1933, and encouraged fellow Scottish Colourist, S.J. Peploe to join him, evidence of his deep and longstanding infatuation with the stunning light and landscape of this special, spiritual place. The offered painting Iona: Ben More, is not only a beautiful example of his depictions of this ‘painter’s paradise,’ but has an important provenance, coming from the impressive collection of G.W. Service’s, one of Cadell’s earliest and longest standing patrons. Most likely to have been painted from Cows Rock, the piece depicts the distinctive rocky shore, white sands, and clear shallow turquoise waters that so captivated the artist. The painting reflects the artist’s talent of capturing the beauty of the island, and ability to impeccably transfer its jewel tones, wonderful light and distinct texture onto the canvas, instantly transporting the viewer to the peace and tranquillity of this sun-drenched scene.

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Ida Rubinstein was one of the stars of Sergei Diaghilev’s famous Ballets Russes; an itinerant troupe of avant-garde dancers and performers who took Paris by storm in the first two decades of the 20th century. Many art historians now attribute much of the revolutionary cultural activity of the period to the impact of the ballet on artistic circles. From the risqué dances, extraordinary set and costume design, and boundary pushing compositions and choreography, the ballet set the abandoned, progressive tone of the day. The list of their collaborators is startling; from Stravinsky and Dubussy, to Picasso, Kandinsky, Matisse and even Coco Chanel.

Rubinstein was one of the spellbinding leads of the Ballet Russes. A Russian, born into a hugely wealthy aristocratic family in St Petersburgh, she demonstrated a passion for performance and dance from a young age. Though dance did not come entirely naturally, the determined Rubinstein compensated for this with a magnetic stage presence and was high spirited enough to pursue her ambitions in the face of family disapproval. Convincing her parents to let her go to Paris under the pretence of furthering her education, Rubinstein took to the stage as an actress, but was committed to an asylum by her conservative brother in law; aghast at her perceived departure from social proprietary.

Released by her concerned family, the tenacious Rubinstein married her first-cousin who, madly in love with her, allowed her to travel and pursue her career in the performing arts.

96 [§] JOHN DUNCAN FERGUSSON R.B.A. (SCOTTISH 1874-1961) IDA RUBINSTEIN Inscribed and dated verso ‘Diaghileff Ballet, Paris 1909’, conté 33cm x 17.5cm (13in x 7in) Provenance: J.D.Fergusson Art Foundation Cyril Gerber Fine Art

£3,000-4,000 Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

1909, the year this work was created, was the year the Ballet Russes opened in Paris, and the year Rubinstein danced the title role of Cléopâtre. The timing and subject matter of this work demonstrates yet again how integrally positioned J D Fergusson was in the creative circles of Paris at this time. Fergusson sketched for the Ballet at the height of its success, impacting his decision to found the Rhythmist movement, the main output of which was the production of an influential art periodical entitled ‘Rhythm’, which featured the work of influential modernist artists and writers. His fascination with movement, the female form and dance persisted within his work for the duration of his career, further cemented by his long-term romantic partnership with the avant-garde dancer Margaret Morris.

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97 [§] JOHN DUNCAN FERGUSSON R.B.A. (SCOTTISH 1874-1961) CHEZ MAXIM Signed verso, gouache 40cm x 31cm (16in x 12in) Provenance: Purchased from Margaret Morris by the vendor’s mother and thence by descent

£15,000-20,000

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98 [§] JOHN DUNCAN FERGUSSON R.B.A. (SCOTTISH 1874-1961) WOMAN BY THE SHORE Charcoal on paper 19.5cm x 11cm (7.75in x 4.25in) Provenance: Ewan Mundy Fine Art Ltd.

£500-700

99 GEORGE LESLIE HUNTER (SCOTTISH 1877-1931) VENICE Ink on paper 15.5cm x 22.5cm (6.25in x 8.75in) Provenance: T. J. Honeyman Duncan Miller Private Collection

£800-1,200

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100 [§] ANNE REDPATH O.B.E., R.S.A., A.R.A., L.L.D., R.O.I., R.B.A. (SCOTTISH 1895-1965) BLACK LACE AND GRAPES Signed, watercolour 46cm x 57cm (18in x 22.5in)

£3,000-5,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

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101 GEORGE LESLIE HUNTER (SCOTTISH 1877-1931) A STILL LIFE OF TULIPS AND FRUIT Signed, oil on canvas 46cm x 56cm (18in x 22in) Provenance: William McInnes Esq A gift from the above and thence by descent Exhibited: Glasgow Art Gallery & Museum, George Leslie Hunter, no.241 Literature: Bill Smith & Jill Marriner, Hunter Revisited, 2012, pp.162,162, Ill.141 ‘At first glance Tulips appears to have a far freer feel but its simplicity belies the extent of manipulation employed by Hunter. The paint is thin and flat but he brings out the vitality of the flowers and beauty of the objects through his astute use of colour.’

£30,000-50,000

Hunter did not live to an old age; passing away suddenly at the age of fifty four. Fortunately for subsequent appreciators of his work, the friends and staunch supporters he made during his lifetime included influential members of the Scottish art establishment; most notably Professor T. J. Honeyman, a former doctor and collector turned dealer and curator. Clearly invested in their friend’s career and welfare, we are left with an unusually comprehensive record of his life and work, as told through the eyes of those who knew him, and his work, well. We are therefore able to understand exactly how and under what circumstances many of his artworks were executed, and enabled genuine insight into what Hunter was striving to achieve artistically during each period. The work offered here for sale is an excellent example of this unique level of understanding we are offered into the artist’s motivations.

Tulips was painted in 1930, and is representative of a new chapter in his painting style at this time. We know that Hunter had been forced to return to Glasgow in 1929 having suffered a steep downturn in health while in the South of France. A recurring pattern in his life was to severely neglect his health whilst in the throes of artistic inspiration, or whilst suffering mentally in the aftermath of a disappointing exhibition or review. He had recovered well whilst under the care of his sister, though he was finding the reaction from the Glasgow Art Club towards his latest artistic developments depressing.

Hunter was moving steadily towards a loosening of technique which involved a paring back of form and an increasingly vivid palette. For the last decade, he had progressed through a period of immensely complex formal arrangements and technical, patterned brushwork.

This energetic, freer form was less a regression in skill, as some critics at the time perceived, but rather evidence of the fruition of a sophisticated fluidity in his handling; an organic development in style and virtuosity. There is an obvious pleasure and an absence

of struggle or labour in his works of this period. To his biographers, including Honeyman himself, this work was the best of his career; not least because Hunter quickly began to develop an unshakable belief in the merits of this latest direction, a fact which is tangible to the viewer.

What is also obvious in works like Tulips, is that they belong to the same cheerfully progressive world as Matisse. Indeed, we know that at this time Hunter was directly reinvigorated by the stunning example of Matisse’s work, La Nappe Rose, belonging to his friend, the collector McInnes. Hunter’s connection with this painting was a significant and deep one. He and McInnes had travelled to Paris together in 1925, where they had viewed a new exhibition of the artist’s work. Encouraged by an infectiously enthusiastic Hunter, McInnes purchased the work in question, which is now held in the Kelvingrove Art Gallery, Glasgow.

As well as the clear inspiration the picture offered in terms of vitality of tone and simplicity of structure, it likely resonated with happy memories for Hunter, whose own artwork was receiving much critical praise in the mid-1920s. It must be remembered that Hunter enjoyed a window of time where he was recognised internationally as a modernist of developing importance. In a letter to a friend in 1924, for example, Hunter references a particularly interesting commendation from the prominent Parisian art dealer, Etienne Bignou: “Bignou told McNeill (a collector) he thought Matisse the only man in Paris the equal of Peploe and myself.”

That Tulips entered McInnes art collection is not, therefore, a great surprise. It is gratifying that key dealers and collectors continued to support Hunter through these latter important developments in his career, though of course tragic that these strides were to be cut short just a year later when the artist sadly and suddenly passed away.

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

70 Lyon & Turnbull

102 [§] SIR ROBIN PHILIPSON R.A., P.R.S.A., R.S.W., R.G.I. (SCOTTISH 1916-1992) SPECTATORS IV Inscribed and dated 1983 on a label verso, watercolour 12cm x 15cm (4.75in x 6in) Exhibited: The Scottish Gallery, Festival Exhibtion 1983, no.60

£500-700

103 [§] SIR ROBIN PHILIPSON R.A., P.R.S.A., R.S.W., R.G.I. (SCOTTISH 1916-1992) WOMEN OBSERVED Dated on a label verso 1978, watercolour 78.5cm x 54.5cm (31in x 21.5in)

£2,000-3,000

104 [§] SIR ROBIN PHILIPSON R.A., P.R.S.A., R.S.W., R.G.I. (SCOTTISH 1916-1992) THRENODY Signed, dated on a label verso 1969, watercolour 17cm x 17cm (6.75in x 6.75in) Exhibited: The Scottish Gallery, Christmas Exhibition 1982, no.49

£500-700

Scottish Paintings & Sculpture 71

105 [§] SIR ROBIN PHILIPSON R.A., P.R.S.A., R.S.W., R.G.I. (SCOTTISH 1916-1992) SECRET GARDEN - FIGURES AND ABSTRACT Signed and dated 1989 verso, oil on board 41cm x 51cm (16in x 20in)

£3,000-5,000 Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

72 Lyon & Turnbull

106 [§] JOHN HOUSTON O.B.E., R.S.A., R.S.W., R.G.I. (SCOTTISH 1930-2008) TOBERMORY Signed, charcoal 43cm x 70cm (17in x 27.5in)

£1,500-2,500

107 [§] WILLIAM GEAR R.A., F.R.S.A., R.B.S.A. (BRITISH 1915-1997) TWO STANDING FIGURES Signed and dated ‘53, ink and watercolour 55cm x 37cm (21.5in x 14.5in) Exhibited: Royal Birmingham Society of Artists Gallery, Colour and Form William Gear, 2017

£800-1,200

Scottish Paintings & Sculpture 73

108 [§] DAME ELIZABETH VIOLET BLACKADDER C.B.E., R.A., R.S.A., R.S.W., R.G.I., D.LITT. (SCOTTISH B.1931) STILL LIFE ON A BLACK TABLE Signed and dated 1968, oil on canvas 86.5cm x 111.5cm (34in x 44in)

£6,000-8,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

74 Lyon & Turnbull

109 [§] DAVID ABERCROMBIE DONALDSON R.S.A., R.P., L.L.D. (SCOTTISH 1916-1996) POTS AND LAMP Signed, oil on canvas 71cm x 91cm (28in x 36in)

£1,500-2,000

110 [§] DENIS PEPLOE R.S.A. (SCOTTISH 1914-1993) STORM, BARRA Signed, oil on board 27cm x 35.5cm (10.5in x 14in) Exhibited: The Scottish Gallery, 1988, no.47

£800-1,200

111 [§] DAVID ABERCROMBIE DONALDSON R.S.A., R.P., L.L. (SCOTTISH 1916-1996) STILL LIFE WITH PRIMULA Signed, oil on canvas 75.5cm x 75.5cm (30in x 30in)

£1,500-2,000

Scottish Paintings & Sculpture 75

112 [ยง] SIR ROBIN PHILIPSON R.A., P.R.S.A., R.S.W., R.G.I. (SCOTTISH 1916-1992) GIRL WITH BUDGERIGAR Signed verso, signed, inscribed and dated 1949, oil on canvas 91cm x 61cm (36in x 24in)

ยฃ4,000-6,000

76 Lyon & Turnbull

Scottish Paintings & Sculpture 77

113 [§] ALISON WATT O.B.E., F.R.S.E., R.S.A. (SCOTTISH B.1965) SELF PORTRAIT Oil on board

Watt is today best known for her crisp, elegant explorations of swathes of fabric in a palette severely limited to a spectrum of whites, offwhites and greys. With many high profile exhibitions and commissions surrounding this latter direction of her career, it is easy to forget that her origin, and indeed the area in which she initially found fame, was exclusively based in figuration and portraiture.

25.5cm x 18cm (10in x 7in) Provenance: Cyril Gerber Fine Art, Glasgow

£4,000-6,000

Born in Greenock in 1965, Watt went on to study at the Glasgow School of Art, graduating in the late 1980s as part of a remarkable wave of neo-figurative painters; her peers including Stephen Conroy and Ken Currie. In 1987 Watt won the National Portrait Gallery’s annual award, which secured her the representation of some of the country’s leading galleries including Marlborough Fine Art in London.

In 1997, a decade on, Watt began to introduce her now famous folds of fabric to the backdrops of her portraiture, an angle she continued to cultivate and evolve until she had moved away from the figure altogether. This has made her earlier figurative output all the more desirable, being, as it is, scarce to the open market.

Though not strictly self-portraiture, Watt frequently drew upon her own appearance in her work, deliberately lending her figures a homogenised and androgynous look; the elongated oval heads distinguished by a long straight nose and full mouth with a pronounced cleft to the upper lip. The distinctive look of her figures is at once classical and entirely modern, and one can trace the influence of artists from Ingres in the painstaking finish of the works, to Freud in the restraint of the palette and the deliberate focus away from typical ideals of beauty.

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

78 Lyon & Turnbull

114 [§] ANNE REDPATH O.B.E., R.S.A., A.R.A., R.O.I., R.B.A., L.L.D. (SCOTTISH 1895-1965) PORTRAIT OF ROBERT ROWAT Signed, oil on board 46cm x 41cm (18in x 16in)

£1,500-2,500

115 [§] MARY ARMOUR R.S.A., R.S.W. (SCOTTISH 1902-2000) RED STILL-LIFE WITH PLUMS Signed and dated 1979, oil on canvas 54cm x 63.5cm (21.25in x 25in)

£1,000-1,500

Scottish Paintings & Sculpture 79

116 [§] SIR ROBIN PHILIPSON R.A., P.R.S.A., R.S.W., R.G.I. (SCOTTISH 1916-1992) CONVERSATION Signed and dated ‘84 verso, oil on board 29cm x 23cm (11.5in x 9in)

£1,000-1,500

117 [§] SIR ROBIN PHILIPSON R.A., P.R.S.A., R.S.W., R.G.I. (SCOTTISH 1916-1992) DOG 111 Inscribed and dated 1983 on a label verso, pastel 23cm x 28cm (9in x 11in) Exhibited: The Scottish Gallery, Edinburgh Festival Exhibition 1983, no.38

£1,500-2,000 Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

80 Lyon & Turnbull

118 [§] JOHN HOUSTON O.B.E., R.S.A., R.S.W., R.G.I. (SCOTTISH 1930-2008) TEA HOUSE KYOTO Signed, oil on canvas 46cm x 86.5cm (18in x 34in)

£3,000-5,000

119 [§] JOHN HOUSTON O.B.E., R.S.A., R.S.W., R.G.I. (SCOTTISH 1930-2008) GARDEN IN AUTUMN Signed, oil on canvas 71cm x 76cm (28in x 30in)

£2,000-3,000

Scottish Paintings & Sculpture 81

120 [§] ALAN DAVIE C.B.E., H.R.S.A. (SCOTTISH 1920-2014) OPUS OG.215/60-38 - LEG SHOW Signed and dated ‘60 and inscribed ‘Leg Show’, oil on paper 42cm x 53.5cm (16.5in x 21in) Exhibited: Gimpel Fils, London Provenance: Directly from the artist to the present owner

£6,000-8,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

82 Lyon & Turnbull

121 [§] VICTORIA CROWE O.B.E., R.S.A., R.S.W. (SCOTTISH B.1945) WOODSHED WINDOW Signed, oil on canvas 35.5cm x 41cm (14in x 16in) Exhibited: Kingfisher Gallery, Women Artists, 1990 The Fleming Collection, London, A Shepherd’s Life: Paintings of Jenny Armstrong

by Victoria Crowe, 2009

£1,500-2,000

122 [§] PETER HOWSON (SCOTTISH B.1958) SOLOMAN Signed, dated 1995 on label verso, oil on canvas 30.5cm x 22.5cm (12in x 9in)

£3,000-5,000

Scottish Paintings & Sculpture 83

123 [§] ALAN DAVIE C.B.E., R.A. (SCOTTISH 1920-2014) FLORAL MONSTER Signed, dated 2007 and titled to reverse, oil on board 31.5cm x 36.5cm (12.5in x 14.5in) Provenance: Alan Wheatley, London.

£4,000-6,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

84 Lyon & Turnbull

124 [§] WILLIAM GEAR R.A., F.R.S.A., R.B.S.A. (BRITISH 1915-1997) UNTITLED Signed and dated ‘58, mixed media 52cm x 75cm (20.5in x 29.5in)

£1,500-2,500

125 [§] WILLIAM GEAR R.A., F.R.S.A., R.B.S.A. (BRITISH 1915-1997) UNTITLED Signed and dated ‘74, acrylic 49cm x 75cm (19.25in x 29.5in)

£1,200-1,800

Scottish Paintings & Sculpture 85

126 [§] SIR ROBIN PHILIPSON R.A., P.R.S.A., R.S.W., R.G.I. (SCOTTISH 1916-1992) DOG Signed verso, oil on board 61cm x 91cm (24in x 36in) Exhibited: The Scottish Gallery, Festival Exhibtion 1983, no.18

£6,000-8,000

Other fees apply in addition to the hammer price, please see the ‘Buyer’s Guide’ section on page 2

86 Lyon & Turnbull

Index ARMOUR, M.

115

BLACKADDER, DAME E.V. BOSWORTH HURT, L. BOUGH, S. BROWN, T.A. BROWN, W.M.

108 18, 19, 20, 21 23, 27 66 41, 63

CADELL, F.C.B. CAMERON, D. CAMERON, H. CAMERON, SIR D.Y. CASSIE, J. CRAWFORD, E.T. CROWE, V. CURSITER, S.

95 2, 14, 38 28, 62 80 30 10 121 59

DAVIE, A. DE BREANSKI, A. Snr. DEKKERT, E. DONALDSON, D.A. DOWNIE, P. DUNCAN, J.

120, 123 16, 48 4 109, 111 81 60

EARDLEY, JOAN

83-85

FAED, T. FARQUHARSON, D. FERGUSSON, J.D.

61 13, 43, 69 96-98

GAULD, D. 44 GEAR, W. 107, 124, 125 GEMMELL HUTCHISON, R. 64 GILES, J. 8 GILLIES, SIR W.G. 82 GUTHRIE, SIR J. 71

NASMYTH, A. NEILSON GRAY, N. NICOL, E. NOBLE, J.C.

7 32 31 3

PARK, J.S. 70 PATON, W.H. 11, 12, 46 PEPLOE, D. 110 PHILIPSON, SIR R. 102 - 105, 112, 116, 117, 126 PRINGLE, J.Q. 49-51

HAMILTON, J. HENDERSON, J. HORNEL, E.A. HOUSTON, G. HOUSTON, J. HOUSTON, R. HOWSON, P.

68 47 45 1, 24, 65 106, 118, 119 39 122

HUNTER, G.L. HUTCHISON, SIR W.O.

99, 101 72

ROBERTSON, C.K. ROCHE, A.I.

22 5

KAY, J.

40

LAVERY, SIR J

34

SEMPLE, W. SMITH, G. SOUTER, J.B. STRANG, W.

56-58 6 33, 91 55

MACGEORGE, W.S. 15 MACLAUCHLAN MILNE, J. 53, 94 MACNEE, R.R. 54 MACTAGGART, SIR W. 79, 92, 93 MANN, H. 35 MCGREGOR, R. 42 MCINTOSH PATRICK, J. 67 MCKAY, W.D. 29 MCTAGGART, W. 37, 52 MORROCCO, A. 73, 78, 87 MORROCCO, L. 86

REDPATH, A. 88-90, 100, 114

THOMSON OF DUDD., J. 9 WALTON, E.A. 36 WATSON, W.R.C. 17 WATT, A. 113 WATTERSTON HERALD, J. 74-77 WELLS, W.P.A 25-26

Glossary The following expressions with their accompanying explanations are used by Lyon & Turnbull as standard cataloguing practice. Our use of these expressions does not take account of the condition of the lot or the extent of any restoration. Buyers are recommended to to inspect the property themselves. Written condition reports are usually available on request.

Dimensions are given height before width.

Names or Recognised Designation of an Artist without any Qualification In our opinion a work by the artist

Circle of…

In our opinion work of the period of the artist and showing their influence

Attributed to…

In our opinion probably a work by the artist in whole or in part

Follower of…

In our opinion a work executed in the artist’s style, but not necessarily by a pupil

Studio of… / Workshop of…

In our opinion a work executed in the studio or workshop of the artist, possibly under their supervision

Manner of…

In our opinion a work executed in the artist’s style but of a later date

Signed… / Dated… / Inscribed… / In our opinion the work has been signed/ dated/inscribed by the artist Bears Signature… / Date… / Inscription… / In our opinion the signature/date/inscription appears to be by a hand other than that of the artist

Scottish Paintings & Sculpture 87

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Conditions of Sale SELLERS 1. DEFINITIONS In these Conditions of Sale (Sellers): “Auctioneer” means Lyon & Turnbull Ltd (Registered in Scotland No: 191166 | Registered address: 33 Broughton Place, Edinburgh, EH1 3RR) or its authorised auctioneer, as appropriate; “Buyer” is the person who makes the highest possible bid or offer accepted by the auctioneer, and/or such person’s principal where bidding as agent; “Buyer’s Premium” is the commission payable by the Buyer on the Hammer Price at the rates set out in the Sale Catalogue Guide to Prospective Buyers and an amount in respect of applicable VAT; “Hammer Price” is the highest bid accepted by the auctioneer by the fall of the hammer or in the case of a postauction sale, the agreed sale price; “Item” means each and every item consigned for sale following express written agreement between Lyon & Turnbull and the Seller; “Lot” means each Item offered for sale by Lyon & Turnbull; “Lower Estimate” means the low estimate provided by Lyon & Turnbull to the Seller in relation to each Item, or in relation to any Item which Lyon & Turnbull holds on behalf of the Seller; “Lyon & Turnbull” means the company which has its registered office at 33 Broughton Place, Edinburgh, EHI 3RR registered in Scotland No. 191166 “Net Sale Proceeds” are the Hammer Price, less commissions and other charges, of the Lot sold, to the extent received by Lyon & Turnbull in cleared funds; “Proposed Sale” means the intended sale through which the items will be sold on “Purchase Price” is the Hammer Price and applicable Buyer’s Premium; “Reserve” means the lowest price below which an item cannot be sold; “Terms of consignment” means the stipulated terms and rates of commission on which the Auctioneer accepts instructions from Sellers or their agents; “Upper Estimate” means the high estimate provided by Lyon & Turnbull to the Seller in relation to each Item, or in relation to any Item which Lyon & Turnbull holds on behalf of the Seller; “Without reserve” where there is no minimum price at which a lot may be sold (whether at auction or private treaty); “You”, “Your” means the seller. The Seller means you are the owner of the lot or, if you are not the owner of the lot (whether or not you have notified us that you are acting as an agent for a principal), you are duly authorised by the owner of the lot to sell it.

“Us”, “Our”, “We” etc refers to Lyon & Turnbull Ltd

The singular includes the plural and vice versa as appropriate.

2. WARRANTY OF TITLE AND AVAILABILITY The Seller warrants: (a) that you are the true owner of the property consigned or are properly authorised by the true owner to consign it for sale and are able to transfer good and marketable title to the property free from any third party claims. (b) that all requirements have been complied with, legal or otherwise, relating to any export or import of the property consigned, all duties and taxes in respect of the export or import of the lot have (unless agreed in writing with us) been paid and, so far as you and any principal for whom they are acting in relation to the lot are aware, all third parties have complied with such requirements in the past. (c) that you have provided Lyon & Turnbull with any and all information concerning the item’s provenance or any concerns expressed by third parties concerning its ownership, condition, authenticity, attribution, and export or import history; and (d) Unless the Seller advises Lyon & Turnbull in writing to the contrary on delivery of the item to Lyon & Turnbull, there are no restrictions on Lyon & Turnbull rights to reproduce photographs or other images of the item in connection with the sale or any other marketing which will be done in accordance with good taste and decency.

3. PREPARATION FOR SALE (a) Lyon & Turnbull shall decide the way in which a lot may be included in the sale, how any lot is described and illustrated in the catalogue or any report, and the marketing, promotion, date, place and conduct of the sale. (b) Lyon & Turnbull will instruct, consult with, and rely on, any outside experts or restorers, agents or other third parties, and carry out such other due diligence, inquiries, research or tests in relation to the property or its provenance, either before the Proposed Sale as it may deem appropriate in its reasonable discretion. (c) Any oral or written estimate or evaluation or report provided by Lyon & Turnbull is a genuinely held opinion only.

It may not be relied on as a prediction of the selling price or value of the Item, and may in Lyon & Turnbull’s absolute discretion be revised at any time. (d) The Seller acknowledges that attribution of Items is a matter of opinion and not of fact, and is dependent upon (amongst other things) information provided by the Seller, the condition of the property, the degree of research, examination or testing that is possible or practical in the circumstances, and the status of generally accepted expert opinion at the time of cataloguing.

4. TERMS OF SALE

of the sale;or

The Seller acknowledges that lots are sold subject to these Conditions and on the Terms of Consignment as notified to the consignor at the time of the entry of the lot.

(iii) 6 months from the date of delivery to Lyon & Turnbull for items still in the possession of Lyon & Turnbull but not consigned for sale (unless part of a longterm storage agreement).

5. STANDARD SELLER FEES AND CHARGES (Subject to VAT)

(b) Lyon & Turnbull shall charge a loss and damage warranty fee of 1.5% of the hammer price, plus VAT.

(1) Commission: 15% is charged on the selling price of each lot, (subject to a minimum charge of £45). Loss and damage warranty: 1.5% on value of lots sold. Photography: min charge £30.

Online Listing: £10 per lot.

(2) Transport: Items for sale must be consigned to the sale room by any stated deadline and at your expense.

We may be able to assist you with this process. When organised on the Seller’s behalf the provision of transport will be contracted to third parties. Fees for transport will be deducted at the initial settlement.

(3) Illustrations: The cost of any illustrations will be borne by the Seller , unless agreed otherwise prior.

The copyright in respect of such illustrations shall be the property of us, the auctioneers, as is the text of the catalogue.

1(a) You are entitled to place, prior to the auction, a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to an unreasonably high reserve. A lot will be sold without reserve unless a reserve has been agreed. (b) Firm reserves may be no greater than lower pre-sale estimate level. (c) A reserve once set cannot be changed except with our agreement. (d) You may not bid or instruct or permit any other person to bid on your behalf on your own property. If the Seller breaches this prohibition, Lyon & Turnbull may treat the Seller as bound as Seller and as Buyer but without the benefit of Lyon & Turnbull Authenticity Guarantee or the reserve, and/or pursue other remedies. (e) We may sell lots below the reserve provided we account to you for the same sale proceeds as you would have received had the hammer price been the reserve.

7. LOSS & DAMAGE WARRANTY (a) Subject to condition 7(c) below Lyon & Turnbull will assume liability for loss or damage to an item, commencing at the time that item is taken into physical control and possession by Lyon & Turnbull and ceasing on the earliest date of;

(c) If any loss or damage should occur to the lot during the period identified in paragraphs (a) above, Lyon & Turnbull’s liability to compensate the Seller in respect of that loss shall be restricted to a maximum of the upper estimate, or actual loss incurred, whichever is lower.

This compensation will be subject to a deduction of a 1.5% loss & warranty fee (subject to VAT).

8. UNSOLD ITEMS (1) If an item is unsold it may, with your consent, be re-offered at a future sale.

Where in our opinion an item is not suitable for a future sale we may either request (a) you collect such items from the saleroom promptly on being so informed. We shall be entitled to charge you for storage costs, charges shall be made at a reasonable daily rate;or (b) suggest that the item be transferred to a secondary saleroom for sale without reserve. All transferred lots will be sold for the best price on the day, this may not bear any reflection on the item’s original estimate. Lyon & Turnbull are not liable for any items (whether it be selling price or loss & damage) when transferred.

(2) Aftersales: We reserve the right to accept an after-auction offer on a lot on behalf of the seller, at the agreed reserve price or above, for up to 48 hours after the original auction. In which case the same charges will be payable as if such lots had been sold at auction and so far as appropriate these Conditions apply.

9. LOT WITHDRAWAL If a Seller wishes to withdraw a lot organised for sale, a withdrawal fee will apply; (a) if withdrawn over 28 working days prior to the sale, this will be charged at 10% of the mid estimate along with any ancillary charges incurred (such as photography), all subject to VAT at the current rate. (b) if withdrawn within 28 working days of the sale, this will be charged at 20% of the mid estimate along with any ancillary charges incurred (such as photography), all subject to VAT at the current rate. (c) Lyon & Turnbull may withdraw a lot from the proposed sale without any liability if: (i) Lyon & Turnbull reasonably believes that there is any doubt as to the lot’s authenticity or attribution; or

(i) when risk passes to the Buyer of the lot following its sale;

(ii) it reasonably doubts the accuracy of any of the Seller’s warranties; or

(ii) for unsold lots, when the lot is released to the Seller, or, within 3 months

(iii) the Seller breaches any provisions of the Conditions of Sale in any material

Scottish Paintings & Sculpture 89

respect; or (iv) the lot suffers from loss or damage so that it is not in the state in which it was when Lyon & Turnbull took delivery of it. (d) if an item is withdrawn from sale under Condition 9(c) (i), or (iv), the Seller shall not be charged a withdrawal fee and the item shall be returned to the Seller or dealt with pursuant to Clause 8, as the Seller decides.

10. AUTHORITY TO DEDUCT COMMISSION AND EXPENSES AND RETAIN PREMIUM AND INTEREST The Seller authorises us to deduct commission at the stated rate, and all expenses incurred for your account from the hammer price, and consents to our right to retain beneficially the premium paid by the Buyer in accordance with these Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.

11. NON-PAYMENT BY THE BUYER (a) Lyon & Turnbull will, where it considers appropriate, take reasonable steps to investigate the ability of bidders to pay for lots and will use reasonable endeavours, in consultation with the Seller, to enforce payment of the Hammer Price by any Buyer. (b) Lyon & Turnbull, in consultation with the Seller, will decide whether to pursue any of the remedies available to it, including those set out in Condition 10 of the Condition of Sale (Buyers) including the right to cancel the sale and return the property to the Seller. Lyon & Turnbull will inform the Seller of any action which it contemplates taking against the Buyer. (c) lf the Seller elects to take action against any Buyer on its own behalf Lyon & Turnbull will provide the Seller with such assistance as may be reasonably necessary to pursue that action. (d) The Seller hereby agrees to inform Lyon & Turnbull of any action which it chooses to take against the Buyer to enforce payment of the amount due to the Seller. (e) In the event that a Buyer fails to pay for a lot in accordance with the Conditions of Sale for Buyers, that lot will be treated in the same way as an unsold or collected lot.

12. SETTLEMENT PAYMENTS Subject to full payment by the Buyer, payment of the net proceeds of sale due to you will be made over to you 28 working days following a sale. Provided we have received cleared funds.

Payment will be made by cheque or BACS (if requested).

13. SALE BY PRIVATE TREATY (a) The same Conditions of Sale (Sellers) shall apply to sales by private treaty. (b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers. (c) Lyon & Turnbull undertakes to inform

the Seller of any offers it receives in relation to an item prior to any Proposed Sale, excluding the normal method of commission bids. (d) For the purposes of a private treaty sale, if a lot is sold in any other currency than Sterling, the exchange rate is to be taken on the date of sale.

not act for Buyers in this role and does not give advice to Buyers. When Lyon & Turnbull make a statement about a lot it is doing so on behalf of the Seller of the lot.

The Auctioneer normally acts as agent only and disclaims any responsibility for default by Sellers or Buyers.

14. THIRD PARTY LIABILITY

18. DATA PROTECTION

All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, during or after a sale.

In connection with the management and operation of our business and the marketing and supply of Lyon & Turnbull’s services, or as required by law, we may ask the Seller to provide personal information about themselves or obtain information about the Seller from third parties (e.g. credit information). Lyon & Turnbull will not give out personal information except as may be required by law.

15. GENERAL (a) We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person. (b) Any notice to any Buyer, Seller, bidder or viewer may be given by email, or if not available then first class mail, in which case it shall be deemed to have been received by the addressee 48 hours after posting. (c) Notices to Lyon & Turnbull should be in writing and addressed to the Managing Director at 33 Broughton Place, Edinburgh EH1 3RR, quoting the reference number specified at the beginning of the sale catalogue. (d) Should any provision of these Conditions of Sale be held unenforceable for any reason, the remaining provisions shall remain in full force and effect. (e) These Conditions of Sale are not assignable by either party without the other’s prior written consent, but are binding on the seller’s successor and representatives. No act, omission or delay by Lyon & Turnbull shall be deemed a waiver or release of any of its rights. (f) The contract between the parties may be varied by the parties by agreement and in writing.

16. RECISSION OF SALES Lyon & Turnbull may rescind the sale where it reasonably believes that the lot falls within the terms as defined by Lyon & Turnbull’s Authenticity Guarantee (see Buyer’s conditions), in this event Lyon & Turnbull shall send the Seller notice of such rescission. The Seller agrees to return to Lyon & Turnbull the Net Sale Proceeds received from the sale of such lot with any additional expenses incurred

by Lyon & Turnbull. Lyon & Turnbull will return the property to the Seller upon receipt of the Net Sale Proceeds and Expenses, unless prevented in doing so by reasons outwith Lyon & Turnbull’s control.

17. AGENCY Lyon & Turnbull acts as agent solely for and in the interests of the Seller. We do

If you would like further information on Lyon & Turnbull policies on personal data, or to make corrections to your information, please contact us on 0131 557 8844.

19. LAW AND JURISDICTION (a) Governing Law: These Conditions of Sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by, and interpreted in accordance with, Scots law (b) Jurisdiction: The Seller agrees that the Courts of Scotland are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale relate or apply.

BUYERS The Auctioneer carries on business with bidders, Buyers and all those present in the auction room prior to, or in connection with, a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.

1. DEFINITIONS In these Conditions of Sale (Buyers): “Auctioneer” means Lyon & Turnbull Ltd (Registered in Scotland No: 191166 | Registered address: 33 Broughton Place, Edinburgh, EH1 3RR) or its authorised auctioneer, as appropriate; “Hammer price” means the level of bidding reached (at or above any reserve) when the Auctioneer brings down the hammer; “Lot” means each Item offered for sale by Lyon & Turnbull; “Purchase Price” is the Hammer Price and applicable Buyer’s Premium; “Reserve” means the lowest price below which an item cannot be sold; “Total amount due” means the hammer price in respect of the lot sold together with any premium, Value Added Tax or other taxes chargeable and any additional charges payable by a defaulting Buyer under these Conditions; “You”, “Your” means the Buyer;

“Us”, “Our”, “We” etc. refers to Lyon & Turnbull Ltd The singular includes the plural and vice versa as appropriate.

2. AGENCY Lyon & Turnbull acts as agent solely for and in the interests of the Seller. We do not act for Buyers in this role and does not give advice to Buyers. When Lyon & Turnbull make a statement about a lot it is doing so on behalf of the Seller of the lot.

The Auctioneer normally acts as agent only and disclaims any responsibility for default by Sellers or Buyers.

3. BIDDING PROCEDURES AND THE BUYER (a) Bidders are required to register their particulars before bidding and to satisfy any security and credit references or arrangements before entering the auction room to view or bid; (b) High Value Lots and High Cumulative Value of Lots: If you wish to bid on any High Value Lot (a lot with a lower estimate of £30,000 or above) or if you are bidding on several lots with a total lower estimate value of £30,000 or above, you are invited to complete the High Value Lot pre-registration.

After you have successfully registered as a bidder with Lyon & Turnbull, you should complete the High Value Lot pre-registration before the date of sale by contacting the Office Manager or on the date of sale at the registration area. Unless otherwise agreed by us, you will be permitted to bid for High Value Lots only if Lyon & Turnbull has confirmed your payment of deposit and your completion of the High Value Lot pre-registration before the sale. The Deposit required will be 10% of the lower estimate. Upon pre-registration, you should pay the deposit or such other sum as determined by Lyon & Turnbull dependant on circumstances, by way of bank transfer or credit card(s) acceptable to Lyon & Turnbull. Please note that Lyon & Turnbull does not accept payment from third parties and this also applies to agents.

If you are not successful in any bid and do not owe Lyon & Turnbull any debt, the deposit will be refunded to you by way of wire transfer or such other methods as determined by Lyon & Turnbull. Please make sure that you provide your bank details in the pre-registration form. The exchange rate provided to us by the bank on the date of exchange is final. We will arrange to refund the deposit to you within seven days after the date of sale, however we do not guarantee when you will receive the payment due to the variance in time for banks to process fund transfers.

Upon successful pre-registration, you will be given a numbered High Value Lot paddle for identification purposes. The auctioneer will usually only accept bids made with the High Value Lot paddle or

90 Lyon & Turnbull

by its High Value Lot registered bidder.

This applies to saleroom, telephone and absentee bids.

Lyon & Turnbull has the right to change the High Value Lot pre-registration procedures and requirements from time to time without notice. (c) The maker of the highest bid accepted by the Auctioneer conducting the sale shall be the Buyer and any dispute shall be settled at the Auctioneer’s absolute discretion. (d) Once made, no bid may be withdrawn. (e) Our right to bid on behalf of Sellers is expressly reserved up to the amount of any reserve. (f) The right to refuse any bid is also reserved. (g) Commission Bids: While prospective Buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we shall, if so instructed, clearly and in writing execute bids on their behalf. Neither the Auctioneer nor our employees nor agents shall be responsible for any failure to do so.

Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made. (h) Telephone Bids: If a prospective Buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in bidding by telephone. We do not accept liability for failure to do so or for errors and omissions in connections. (h) Online Bidding: We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to execution of online bids/ live bidding.

4. INCREMENTS Bidding increments shall be at the Auctioneer’s sole discretion.

5. THE PURCHASE PRICE For each lot purchased a Buyer’s Premium of 25% of the hammer price of each lot up to and including £100,000, plus 20% from £100,001 thereafter. VAT at the appropriate rate is charged on the Buyer’s Premium. No VAT is payable on the hammer price or premium for printed books or unframed maps bought at auction. Live online bidding may be subject to additional premiums depending on the service provider selected (The-Saleroom at 3%, Invaluable at 5%). This additional premium is subject to VAT at the appropriate rate as above.

6. VALUE ADDED TAX Value Added Tax is charged at the appropriate rate prevailing by law at the

date of sale and is payable by Buyers of relevant lots.

payment in full to us of the total amount due.

(1) Lots affixed with (†): Value Added Tax on the hammer price is imposed by law on all items affixed with a dagger (†).

This imposition of VAT maybe because the Seller is registered for VAT within the European Union and is not operating under a Margin Scheme.

(2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 7 working days following the day of the auction or upon the clearance of any cheque used for payment whichever is later. We can provide you with a list of shippers. However, we will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us.

(2) Lots affixed with (*): A reduced rate of Value Added Tax on the hammer price of 5% is payable. This indicates that a lot has been imported from outwith the European Union. This reduced rate is applicable to Antique items.

(3) Lots affixed with [Ω]: Standard rate of Value Added Tax on the hammer price and premium is payable. This applies to items that have been imported from outwith the European Union and do not fall within the reduced rate category outlined above.

7. DROIT de SUITE This symbol § indicates works which may be subject to the Droit de Suite or Artist’s Resale Right, which took effect in the United Kingdom on 14th February 2006. We are required to collect a royalty payment for all qualifying works of art. Under new legislation which came into effect on 1st January 2012 this applies to living artists and artists who have died in the last 70 years. This royalty will be charged to the Buyer on the hammer price and in addition to the Buyer’s premium. It will not apply to works where the hammer price is less than €1,000 (euros). The charge for works of art sold at and above €1,000 (euros) and below €50,000 (euros) is 4%.

For items selling above €50,000 (euros), charges are calculated on a sliding scale.

All royalty charges are paid to the Design and Artists Copyright Society (‘DACS’) and no handling costs or additional fees are retained by the auctioneer.

Resale royalties are not subject to VAT. Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale. More information on Droit de Suite is available at www.dacs.org.uk.

8. PAYMENT (1) Within 7 days of a lot being sold you will: (a) Pay to us the total amount due in cash or by such other method as is agreed by us. We accept cash, bank transfer (details on request), debit cards and Visa or MasterCard credit cards. (b) Please note that we do not accept cash payments over £5,000.

(2) Any payments by you to us may be applied by us towards any sums owing by you to us howsoever incurred and without agreement by you or your agent, whether express or implied.

9. TITLE AND COLLECTION OF PURCHASES (1) The ownership of any lots purchased shall not pass to you until you have made

(3) No purchase can be claimed or removed until it has been paid for.

(4) It is the Buyer’s responsibility to ascertain collection procedures, particularly if the sale is not being held at our main sale room and the potential storage charges for lots not collected by the appropriate time.

(5) Export of goods: Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character, e.g. items that may contain prohibited materials such as ivory or rhino horn. It is the buyer’s sole responsibility to obtain any relevant export or import licence. The denial of any licence or any delay in obtaining licences shall neither justify the recession of any sale not any delay in making full payment for the lot.

10. REMEDIES FOR NON·PAYMENT OR FAILURE TO COLLECT PURCHASES (1) If any lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the Sellers and on their behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies: (a) to proceed against you for damages for breach of contract; (b) to rescind the contract for sale of that lot and/or any other lots sold by us to you; (c) to resell the lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). (d) to remove, store and insure the lot in the case of storage, either at our premises or elsewhere and to recover from you all costs incurred in respect thereof; (e) to charge interest at a rate not exceeding 1.5% per month above the current base rate on all sums outstanding for more than 7 working days after the sale; (f) to retain that or any other lot sold to you until you pay the total amount due; (g) to reject or ignore bids from you

or your agent at future auctions or to impose conditions before any such bids shall be accepted; (h) to apply any proceeds of sale of other lots due or which become due to you towards the settlement of the total amount due by you and to exercise a lien over any of your property in our possession for any purpose until the debt due is satisfied.

11. DESCRIPTIONS AND CONDITION (1) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective Buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective Buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion.

We undertake that any such opinion shall be honestly and reasonably held and only accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer or our employees or agents accept liability for the correctness of such opinions and no warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are given.

Please note that photographs/images provided may not be fully representative of the condition of the lot and should not be relied upon as indicative of the overall condition of the lot.

(2) Condition reports: Condition reports are provided on our website or upon request. The absence of a report does not imply that a lot is without imperfections. Large numbers of such requests are received shortly before each sale and department specialists and administration will endeavor to respond to all requests although we offer no guarantee. Any statement in relation to the lot is merely an expression of opinion of the Seller or Lyon & Turnbull and should not be relied upon as an inducement to bid on the lot. Lots are available for inspection prior to the sale and you are strongly advised to examine any lot in which you are interested prior to the sale. Our condition reports are not prepared by professional conservators, restorers or engineers. Our condition report does not form any contract between Lyon & Turnbull and the Buyer.

The Condition Reports do not affect the Seller’s obligations in any way.

(3) Estimates: Estimates are placed on each lot to help Buyers gauge the sums involved for the purchase of a particular lot. Estimates do not include the Buyer’s Premium or VAT. Estimates are a matter of opinion and prepared in advance.

Estimates may be subject to change and are for guidance only and should not be relied upon.

(4) Catalogue Alterations: Lot descriptions and estimates are prepared in advance of the sale and may be subject to change. Any alterations will be announced on the catalogue alteration sheet, made available prior to the sale. It is the responsibility of the Buyer to make themselves aware to any alterations which may have occurred.

(5) Electrical Goods: are sold as “works of art” only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.

Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given.

(6) Upholstered items: are sold as “works of art” only and if bought for use must be checked over for compliance with safety regulations (items manufactured prior to 1950 are exempt from any regulations).

Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given. Lyon & Turnbull provide no guarantee as to the originality of any wood/material contained within the item.

(7) Special terms may be used in catalogue descriptions of particular classes of items (Books, Jewellery, Paintings, Guns, Firearms etc.) in which case the descriptions must be interpreted in accordance with any glossary appearing in the catalogue.

These notices and terms will also form part of our terms and conditions of sales.

12. BOOKS, CLOCKS & WATCHES (1) Books-Collation: If on collation any NAMED item in the sale catalogue proves defective, in text or illustration the Buyer may reject the lot provided he returns it within 21 days of the sale stating the defect in writing. This, however, shall not apply in the case of unnamed items, periodicals, autographed letters, music M.M.S., maps, drawings NOR in respect of damage to bindings, stains, foxing, marginal worm holes or other defects not affecting the completeness of the text NOR in respect of Defects mentioned in the catalogue, or at the time of sale, NOR in respect of lots sold for less than £300.

(2) Clocks & Watches: All lots are sold “as seen”, and the absence of any reference to the condition of a clock or watch does not imply the lot is in good condition and without defects, repairs or restorations.

Most clocks and watches will have been repaired during their normal lifetime and may now incorporate additional/newer parts. Furthermore, Lyon & Turnbull makes no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, Buyers should be aware that a general service, change of battery or further repair work, for which the Buyer is

solely responsible, may be necessary.

Buyers should also be aware that Lyon & Turnbull cannot guarantee a watch will remain waterproof if the back is removed. Buyers should be aware that the importing watches such as Rolex, Frank Muller and Corum into the United States is highly restricted. These watches cannot be shipped to the USA and only imported personally.

13. CITES Please be aware that all lots marked with the symbol Y may be subject to CITES regulations when exporting these items outside the EU. These regulations may be found at http: //www.defra.gov.uk/ ahvla-en/imports-exports/cites Lyon & Turnbull accepts no liability for any lots which may be subject to CITES but have not be identified as such.

14. SALE BY PRIVATE TREATY (a) The same Conditions of Sale (Buyers) shall apply to sales by private treaty. (b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers. (c) Lyon & Turnbull undertakes to inform the Seller of any offers it receives in relation to an item prior to any Proposed Sale, excluding the normal method of commission bids. (d) For the purposes of a private treaty sale, if a lot is sold in any other currency than Sterling, the exchange rate is to be taken on the date of sale.

15. THIRD PARTY LIABILITY All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation, safety and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, during or after a sale.

16. GENERAL (a) We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person. (b) Any notice to any Buyer, Seller, bidder or viewer may be given by email if not available then first class mail in which case it shall be deemed to have been received by the addressee 48 hours after posting. (c) Notices to Lyon & Turnbull should be in writing and addressed to the Managing Director at 33 Broughton Place, Edinburgh EH1 3RR, quoting the reference number specified at the beginning of the sale catalogue. (d) Should any provision of these Conditions of Sale be held unenforceable for any reason, the remaining provisions shall remain in full force and effect. (e) These Conditions of Sale are not assignable by either party without the

other’s prior written consent. No act, omission or delay by Lyon & Turnbull shall be deemed a waiver or release of any of its rights. (f) The contract between the parties may be varied by the parties by agreement and in writing.

17. AUTHENTICITY GUARANTEE Lyon & Turnbull guarantees that the authorship, period, or origin (collectively, “Authorship”) of each lot in this catalogue is as stated in the BOLD or CAPITALISED type heading in the catalogue description of the lot, as amended by oral or written salesroom notes or announcements.

Lyon & Turnbull makes no warranties whatsoever, whether express or implied, with respect to any material in the catalogue other than that appearing in the Bold or Capitalised heading and subject to the exclusions below.

In the event Lyon & Turnbull in its reasonable opinion deems that the conditions of the authenticity guarantee have been satisfied, it shall refund to the original purchaser of the lot the hammer price and applicable Buyer’s Premium paid for the lot by the original purchaser.

This Guarantee does not apply if: (i) the catalogue description was in accordance with the opinion(s) of generally accepted scholar(s) and expert(s) at the date of the sale, or the catalogue description indicated that there was a conflict of such opinions; or (ii) the only method of establishing that the Authorship was not as described in the Bold or Capitalised heading at the date of the sale would have been by means or processes not then generally available or accepted; unreasonably expensive or impractical to use; or likely (in Lyon &Turnbull’s reasonable opinion) to have caused damage to the lot or likely to have caused loss of value to the lot; or (iii) there has been no material loss in value of the lot from its value had it been in accordance with its description in the Bold or Capitalised type heading.

This Guarantee is provided for a period of one year from the date of the relevant auction, is solely for the benefit of the original purchaser of the lot at the auction and may not be transferred to any third party. To be able to claim under this Authenticity Guarantee, the original purchaser of the lot must: (i) notify Lyon & Turnbull in writing within one month of receiving any information that causes the original purchaser of record to dispute the accuracy of the Bold or Capitalised type heading, specifying the lot number, date of the auction at which it was purchased and the reasons for such dispute; and (ii) return the Lot to Lyon & Turnbull’s registered office in the same condition as at the date of sale to the original purchaser of record and be able to transfer good title to the Lot, free from

any third party claims arising after the date of such sale.

Lyon & Turnbull has discretion to waive any of the above requirements.

Lyon & Turnbull may require the original purchaser of the lot to obtain, at the original purchaser of lot’s cost, the reports of two independent and recognised experts in the field. The reports must be mutually acceptable to Lyon & Turnbull and the original purchaser of the lot. Lyon & Turnbull shall not be bound by any reports produced by the original purchaser of the lot, and reserves the right to seek additional expert advice at its own expense. It is specifically understood and agreed that the rescission of a sale and the refund of the original purchase price paid (the successful hammer price, plus the buyer’s premium) is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law. Lyon & Turnbull and the Seller shall not be liable for any incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest.

18. DATA PROTECTION In connection with the management and operation of our business and the marketing and supply of Lyon & Turnbull’s services, or as required by law, we may ask the Buyer to provide personal information about themselves or obtain information about the Buyer from third parties (e.g. credit information). Lyon & Turnbull will not give out personal information except as may be required by law.

If you would like further information on Lyon & Turnbull policies on personal data, or to make corrections to your information, please contact us on 0131 557 8844.

19. FORCE MAJEURE Lyon & Turnbull shall be under no liability if they shall be unable to carry out any provision of the Contract of Sale for any reason beyond their control including (without limiting the foregoing) an act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.

20. LAW AND JURISDICTION (a) Governing Law: These Conditions of Sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by, and interpreted in accordance with, Scots law (b) Jurisdiction: The Buyer agrees that the Courts of Scotland are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale relate or apply.

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92 Lyon & Turnbull

Guide to Bidding & Payment Registration

How to Bid

Payment

All potential buyers must register prior to placing a bid. Registration information may be submitted in person at our registration desk, by email, by fax or on our website. Please note that all first time bidders at Lyon & Turnbull will be asked to supply the following documents in order to facilitate registration:

By phone A limited number of telephone lines are available for bidding by phone through a Lyon & Turnbull representative.

Phone lines must be reserved in advance.

All bid requests must be received an hour before the sale. All telephone bids must be confirmed in writing, listing the relevant lots and appropriate number to be called. We recommend that a covering bid is also left in the event that we are unable to make the call. We cannot guarantee that lines will be available, or that we will be able to call you on the day, but will endeavour to undertake such bids to the best of our abilities.

This service is available entirely at our discretion and at the bidder’s risk.

Payment is due within seven (7) days of the sale. Lots purchased will not be released until full payment has been received. Payment may be made by the following methods:

In writing Bid forms are available at the sale and/or the back of the catalogue. These should be submitted in person, by post, or by fax as soon as possible prior to the sale and we will bid on your behalf up to the limit indicated. In the event of receiving two identical bids the first one received will take precedence.

All bids must be received an hour before the sale. This service is entirely at the bidder’s risk.

You will find a link to this service in any email invoice issued or you can visit the payments section of our website.

1 – Government issued photo ID (Passport/Driving licence) 2 – Proof of address (utility bill/bank statement).

We may, at our option, also ask you to provide a bank reference and/or deposit.

By registering for the sale, the buyer acknowledges that he or she has read, understood and accepted our Conditions of Sale.

Bidding At the Sale Registered bidders will be assigned a bidder number and given a paddle for use at the sale. Once the first bid has been placed, the auctioneer asks for higher bids in increments determined by the auctioneer. To place your bid, simply raise your paddle until the auctioneer acknowledges you. Please ensure that the auctioneer repeats your bidder number correctly when confirming the sale. If there is any doubt at this stage as to the hammer price or buyer it must be brought to the auctioneer’s attention immediately. All lots will be invoiced to the name and address given on your registration form, which is nontransferable.

On the internet A fully-illustrated catalogue is available on our website.

Registered bidders may leave absentee bids through the website and will receive email confirmation of their bid. Live online bidding is also available: • L&T Live – Access through our website or download the live bidding app L&T Live, service offered for no additional fee.

• Invaluable – Access through invaluable.com. Invaluable charge an additional 5% for their service.

• The-Saleroom – Access through The-Saleroom.com. The-Saleroom charge an additional 3% for their service.

Bank Transfer Account details are included on any invoices we issue or upon request from our accounts department.

Credit or Debit Cards Payment can be made by Visa Debit, Maestro, Mastercard or Visa Credit cards.

Online Card Payments We no longer accept card payments by phone.

Please use our online payment service (provided by Cardstream/Credorax).

Cheque Cheques should be made payable to Lyon and Turnbull Ltd. We reserve the right to wait until cheques have been cleared by our bankers before releasing bought goods. Cheques can be cleared prior to sale on request. Cheques drawn by third parties cannot be accepted. If paying by post please include the slip from your invoice.

Cash Cash payments can be made at the accounts desk during or after a sale. Cash payments limited to £5,000.

Scottish Paintings & Sculpture 93

94 Lyon & Turnbull

33 Broughton Place, Edinburgh EH1 3RR 182 Bath Street, Glasgow G2 4HG Tel. +44 (0)131 557 8844 Tel. +44 (0)141 333 1992 Fax. +44 (0)131 557 8668 Fax. +44 (0)141 332 8240 info@lyonandturnbull.com www.lyonandturnbull.com

22 Connaught Street, London W2 2AF Tel. +44 (0)207 930 9115