THE SOUTH AFRICAN ARCHITECTURAL RECORD

The Journal of the Transvaal, Natal and Orange Free State Provincial Institutes of South African Architects and the Chapter of South African Quantity Surveyors. 67, Exploration Buildings, Commissioner Street, Johannesburg, P.O. Box 2266. Telephone 33— 1936.

Volume Eighteen Number Eleven, N o v e m b e r, N i ne e e n Hundred and Thirty Three.

The editor will be glad to consider any mss. photographs or sketches submitted to him, but they should be accompanied by stamped addressed envelopes for return if unsuitable. In case of loss or injury he cannot hold himself responsible for mss. photographs or sketches, and publication in the journal can alone be taken as evidence of acceptance. The name and address of the owner should be placed on the back of all pictures and mss. The Institute does not hold itself responsible for the opinions expressed by contributors.

Annual subscription per post 10/6 direct from the Secretary.

Hon. Editor Professor 0. E. Pearse Secretary A. S. Pearse

265 Eighteenth Century Architecture in S.A.

275 Colonial Mutual Building, Durban

278 Allerley Glossop

280 0 b i t u a r y

282 Professional Notes and News

284 Legal Notes, Port Elizabeth Collapse Case Zu5 Photo . Arthur Elliott

RVS T E N V R E U C D E CAPETOWN EIGHTEENTH CENTURY ARCHITECTURE IN SOUTH AFRICA

The subject upon which I have been invited were, unimpressionable, but kindly and to speak to you this evening is, no doubt, well charitable, and their comfortable homes were known to most of you. The old gabled houses in keeping with their temperament. at the Cape have done as much, if not more, The old houses in Holland were as I have than anything else to advertise this country- said, invariably constructed of brick. Stone in picture and in story. Time does not per­ is not to be found in that country, but had to mit me to deal with these buildings in very be imported, hence the use of masonry was great detail hence I propose to discuss briefly rare. Owing to the restricted sites, flanking their planning, architectural character and the canals, the buildings had very narrow treatment. frontages and were therefore carried up to a Whilst the architecture at the Cape is greater height than was required at the Cape. derived from European sources there are The use of steep roofs constructed of timber many points in which it differs from its Euro­ and covered with tiles necessitated the em­ pean prototypes. To appreciate this it is ployment of the gable, a characteristic necessary to consider for a moment the source feature of their design. from which it was mainly derived, namely the In the dull climate, ample light was neces­ architecture of Holland during the seven­ sary to the interior, hence the use, in early teenth and eighteenth centuries. Holland in work, of large mullioned and transomed case­ the seventeenth century, in spite of her long ment windows and, in the eighteenth century, and weary struggle with Spain, held a unique of great sash windows. The fine entrance position in the world of art. Her painters had doors set well above street level with a land­ produced works of art which have rarely, if ing, approached from both sides by flights of ever, been equalled to this day. Her crafts­ steps, form the central feature of the design. men were second to none. Her architecture, The walls were of beautiful brickwork, vary­ essentially an architecture of brick, was ing in shade from yellow through red to black. strongly influenced by France and in turn Colour was used to a large extent in the wood­ exercised a considerable influence in England work, particularly in the window frames and at the end of the seventeenth century. shutters. It is in their domestic architecture that the In complete contrast to these were the ai’chitectural expression of the Dutch people houses at the Cape, although the gable, the is to be seen. Theirs was an intimate and great windows and rich entrance doors were human architecture, material rather than employed. spiritual in aspect and reflective of the The early settlers in South Africa were market place, the fireside and the home. severely handicapped by their lack of build­ Whilst the continuous building tradition of ing materials. There was little or no stone other European countries was ecclesiastical that could be easily quarried or dressed, the in character or was a movement instigated by bricks made locally weathered badly and had the aristocracy, in Holland it was bourgeois to be covered with lime plaster, timber suit­ in general trend, an art bound up in the in­ able for ordinary building purposes was terests of the people and existing for their scanty and had to be brought from a great good and welfare. It was urban rather than distance, roofing tiles and slates were not rural in its principles. available. In a country notable for its manufactures In spite of these limitations, buildings, and commercial enterprise, men congregated extremely simple in design, yet distinctive in tog-ether for mutual gain. A sturdy race they character, were produced, in which were 265 reflected the charm of the old domestic archi­ tecture of Holland. The climatic conditions at the Cape varied considerably from those of the homeland of the settlers, and this, too, naturally affected iiiiiiiiiiiiiiiiiiiiiiiiiiiin their architecture. A brilliant sunshine all the year round with but little rain, except in winter, necessitated the employment of large, airy and lofty rooms covered with heavy roofs designed to keep the rooms cool and shuttered windows which effectively kept out the heat during the day. Also, as a good deal of their time was spent out of doors, the ample stoep, shaded by great oaks and the enclosed court often covered with a trellised vine, were in­ dispensable adjuncts to every home. The great distances to be traversed by visitors and friends, combined with the in­ nate hospitality of the Dutch people induced them to build large reception rooms and kitchens in their homes. Thus we find an architecture being deve­ loped, peculiarly suitable to the climate and to the social life of the people, yet totally dif­ ferent in character from that of Holland. • The earliest houses at the Cape appear to have been constructed with timber covered with mud, wattle and daub, as it is called, and roofed with thatch. Van Riebeeck’s fort, erected in 1652, was constructed with timber and earth, whilst his own quarters were of rough stone in mud mortar, the houses of the garrison being of wood. From the writings of passing travellers it is evident that until about 1732, the town houses were single storied, built of brick or stone covered with plaster and roofed with thatch. From that time onwards, owing, no doubt to constantly recurring fires, two storied houses, with flat roofs, in the Italian style as one writer puts it, were common. The earlier country houses it appears, were also of very simple character and it is obvious from descriptions and an illustration of Groot Constantia, the home of Simon van der Stel, that as late as 1740, this famous house had no gables. One can conclude therefore that the finest of the town and country houses were erected or remodelled in the last quarter of the eighteenth century and that the dates on the majority of these are probably correct. 266 I mention this because some writers assert street level such as the pavement in front of that the present house at Groot Constantia a house. A raised “stoep” is called a “hooge with its gables, was erected by Simon van der stoep.” Thus in Holland the stoep formed an Stel, at the end of the seventeenth century, important element in the design of the facade and that the dates on the majority of the and was usually approached by a flight or houses were placed there when the houses flights of steps. were renovated or whitewashed. At the Cape, however, it was an indispen­ I remember visiting one house in Capetown sable feature of the house plan where, in hot which had the date, 1720, on the gable. I was weather, the owner, and his family could take rather sui prised at this until informed by the the air or receive their guests. It was raised a owner that he was responsible as he felt sure few feet above ground level and, in some that it was erected about this time. cases, owing to the sloping site, it was suffi­ With the exception of the Castle, the ciently high to enable the basement rooms to Burgher Watch House or old Town House and be entered from beneath. two or three churches, the majority of the The courtyards at the rear of the houses historic buildings at the Cape consist of town were paved and sometimes planted with trees and country houses. It is with these build­ or covered with a trellised vine, whilst occas­ ings that I intend to deal. Their plans are ionally a small formal pool of water was in­ extremely simple the town houses being in troduced. (Fig. 2). These courts are remin­ most instances, two-storied whilst those in iscent of the charming courtyards in the the country, with rare exceptions, are one houses of Holland, frequently illustrated in storey in height. the paintings of the time. The treatment of the facade varies from the small single storied The plan of a typical town house, the Koop- mans de Wet house, is shown in Figure 1. It invariably consisted of an entrance hall (voor- huis), flanked by reception rooms, leading to a spacious inner hall (achterhuis) which was lit from a courtyard and communicated with a dining-room and kitchen quarters. This inner hall often served as a dining-room and from it a stair led to the bed-rooms on the upper floor. The slave quarters, fuel stores and loft were usually grouped together at the back of the site. A passage about four feet wide separated each house from its neigh­ bour, and served the purpose of providing access to the rear, acting as a drain for the rainwater from the roofs or as an additional precaution in case of fire. In front of the house and usually the full width of the facade was the stoep, a charac­ teristic feature of both town and country houses. The term “stoep” or “hordes” as it was commonly called in Holland, is used in that country to denote the landing preceding the entrance door of the town house, the ground floor of which was raised a few feet above street level. The term is also applied in Holland to any structure slightly raised above Figure 2. 267 house with its shaped parapet or simple cor­ pended. Particularly effective is the metal nice to the more elaborate front of work of the period carried out in iron or brass. two storeys similarly finished. Pilasters were Well designed iron strap hinges and bolts sometimes introduced and occasionally one were used on the external doors and shutters, finds a single room (dak kamer) on the roof, brass hinges on the internal doors whilst from which the ships entering Table Bay brass locks and bolts, handles and escutcheon could be seen. plates were invariably employed on all doors. Frequently, as I have said, a lofty stoep is Internally these houses reflect the simple employed with cellarage below, thus raising and attractive interiors of the houses in the whole facade considerably above ground Holland, so well depicted in the paintings of level, whilst in rare instances a columned the “Little Masters” of the seventeenth cen­ portico occurs (Frontispiece). tury. Externally their charm lay in the Further variety in treatment was pro­ simplicity of their design, the small bricks, vided by the elaborate entrance doors, which which were used in the stoeps and steps, the vary considerably in design, surmounted by judicious arrangement of the well propor­ rich fanlights which served to light the en­ tioned openings, the rich woodwork in the trance hall. doors, windows and shutters, the simple Internally the walls were simply finished carved and moulded parapets or classic in plaster tinted or occasionally decorated pilasters and cornices and the white plastered with a stencilled pattern. The floors of the walls, probably tinted originally. Enrich­ rooms on the ground floor were either of tiles ment is almost entirely confined to the en­ or yellow wood, the ceilings being formed by trance doorways which were frequently the exposed timber beams carrying the wood framed in with classic pilasters and cornices floors of the bedrooms above. The first floor in teak occasionally enriched with wood carv­ ceilings were similarly constructed the board­ ing. The fanlights, which vary considerably ing in this case being covered with puddled in design were richly treated, many of them clay or lime concrete on which were em­ following the Baroque forms prevalent in bedded bricks or tiles in lime mortar. The internal doors, hung in a massive frame, were invariably of the single panel type with wide styles, the panel being raised and moulded. Very often more important rooms furnished with built-in cupboards, con­ sisting of a recess in the wall fitted with shelves and enclosed by doors, the lower pair being panelled and the upper, with shaped heads, being glazed. The designs of these cupboard fronts vary considerably and are reminiscent of the fine armoires, such characteristic pieces of furni­ ture in Holland in the seventeenth and eighteenth centuries. Many of these were imported to the Cape and probably influenced the designs of the wall cupboards, which are of teak, stinkwood or yellowwood. Fireplaces were rare, probably owing to the climatic conditions, lack of fuel or danger of fire. In the kitchen, however, a large open fire was employed with a built-in oven on one side. The fireplace was furnished with bars for pot whilst an iron bar was fixed above from which pots and kettles could be sus­ 268 northern Europe during’ the eighteenth cen­ tury. In some cases a lantern in wood is in­ troduced in the fanlight, which served the dual purpose of lighting the entrance hall and the stoep, a necessity in days when street lamps were non-existent. This type of lantern was frequently used over the doors in Holland during the eighteenth century. Occasionally one finds fragments of delight­ fully modelled plaster work and sculpture, the latter more particularly in the pediments which sometimes crowned the slight central break in the facade.

The homes of the wealthy farmers in the country are in complete contrast to those of the townspeople. Hospitality is, as I have said, a marked characteristic of the Dutch people and this is best reflected in the fine old gabled houses, with their wide stoeps shaded by oaks or vines, their enclosed courts and their cool and inviting reception rooms. It is in these buildings that the peculiar characteristics of the so-called “Cape-Dutch” houses are best seen, characteristics which make them so totally different from their European prototypes. Their plans vary but the different types may be briefly summarised as follows :— 1. The ± plan with its central reception rooms flanked by bedrooms. Saxenberg, Kuils Rivier. 2. The I plan, with central reception Figure 4. rooms flanked by bedrooms and kitchen en­ closing small courts. Nederburg, Paarl (Fig. 3). As in the town houses, there is an entrance hall, but owing to the less restricted site, this 3. The LI plan, with its entrance hall is on a much larger scale, and leads to a sump­ flanked by reception rooms the wings enclos­ tuous inner hall, from which it is usually ing a court at the rear. Groot Constantia. separated by a panelled or glazed screen. In 4. The simple rectangular plan. Vreden- many later examples these screens have the hof, Paarl. Combinations of these occasion­ upper portion louvred instead of being ally occur as at Meerlust, Eerste Rivier, in g’lazed. which the I and _L are used in conjunction. The floors of the reception rooms are in­ In every case the rooms are symmetrically variably tiled, whilst the bedroom floors are disposed on a central axis and the plan is of wood. Only one or two of the larger clearly expressed in the elevations. houses possess fireplaces. 269 The kitchen fireplace follows the type re­ dows in the gables and entered by a door ferred to under town houses as do the inter­ approached by an external brick stair. nal doors and wall cupboards (Fig-. 4). It is evident, too, that the plastered walls of The stoeps, as in the town houses, are the interior were, in many cases, tinted and usually the full length of the entrance front, enriched with a stencilled design, whilst in terminated in some cases with brick plastered one or two examples, wall paintings are em­ seats but, in others they are carried com­ ployed as a decoration. pletely round the house (Fig. 3). The most characteristic feature of the ex­ The ceilings are constructed of stout teak terior was the gable. These vary considerably beams supporting boarding, which in turn in design from the simple stepped gable so carries the puddled clay or lime concrete on common in Holland, but rare at the Cape, to which the bricks or tiles were embedded, a the elaborately scrolled and enriched types necessary precaution in case of fire. This and, later, the more severe Renaissance type arrangement was known as the “brand with its pilasters, pediments and vases. The zolder” or fire ceiling and formed the floor of side gables were simpler in design and of a the lofts above. type common in the Low Countries and in Steep thatched roofs enclosed these Jacobean houses in England where they are of spacious lofts (Fig. 5) which are lit by win- brick or brick and stone. It is in the gables over the entrance that richness and display were lavished. Each district appeared to have developed its own peculiar type (Fig. 6). 1. The Cape Peninsular type with its pedi­ ment flanked by scrolls. 2. The Stellenbosch-Somerset West type, a more florid and picturesque gable with con­ trasting curves, the mouldings being frequently carried on to or across the gable. 3. The Paarl-Drakenstein-French Hoek type in which the gables invariably have pilasters, crowned with entablatures and triangular pediments and flanked by scrolls. Vases are frequently introduced in this type. The entrance door with its fanlight was an all important feature, the whole being usually framed in with pilasters and entablatures. In addition to the homestead, the outbuild­ ings form an important part of the general lay out. They consist of the wine cellar, the stables and the slave quarters with occas­ ionally, a manager’s house. Simply treated, these structures are amongst the most charm­ ing works to be found at the Cape. Another characteristic feature is the bell-tower, the bell being used to call the slaves to and from their work. In many of the larger country houses a carefully considered lay-out scheme was pre­ Figure 5. pared. Fine gateways were erected, avenues 270 of oaks were planted, vineyards and orchards were carefully planned and laid out, every advantage being- taken of running- water, and the Dutch love of nature and instinct for beauty broug'ht about the planting- of beauti­ ful flower gardens which are so frequently referred to in the journals and letters of pass­ ing travellers. There is an indefinable charm about these delightful old houses. The texture of the plastered walls, thickly covered with layer after layer of whitewash, the rich weather­ worn woodwork in the fine entrance doors and great shuttered windows, the dark velvety thatch, the attractive gables and the wonder­ ful purple shadows on the broad wall sur­ faces—all this seen in its setting of oaks, against a vivid and intense blue sky, with, usually, a background of mountain and forest, c creates a picture essentially South African, Figure 6. which, once seen, is rarely forgotten. completion of their term of service. We know too, that highly skilled slaves were im­ ported from the East, as much as £300 having We know little or nothing- of the desig-ners been paid for one who was a skilled metal­ of the early houses, nor of the craftsmen who worker. carried out the work. The Commissioner, Simon, in 1708, complains that there is no Many beautiful examples of Dutch furni­ Sworn Land Surveyor at the Cape and ture of the seventeenth and eighteenth cen­ suggests that one should be sent out. “ It turies were brought out by wealthy officials would also be useful,” he says, "if he under­ and these, no doubt, provided motives for the stood something about Architecture which design of local furniture of which many fine seems to be only poorly observed here.” The examples are in existence. We know nothing, however, of the architects plan of a church at Paarl dated 1714 is signed until towards the end of the eighteenth cen­ by one J. Meerman, but whether he was an tury, when Louis Michel Thibault arrived at architect or not, it is impossible to say. the Cape. The contrast between the earlier In the seventeenth and eighteenth centuries work of importance, such as the Castle gate­ when shipbuilding- had reached its greatest way and the Burgher Watch house, and the development in Holland there is no doubt that work which is known to have been carried out the craftsman was very highly skilled. We at the end of the eighteenth century is know of craftsmen from the Low Countries evidence enough that until the latter period having been employed in England during that the buildings were somewhat crude in design period and it is quite likely that on every and detail. Much of the finest work is attri­ East Indianman highly skilled men were em­ buted to Thibault and Anreith, both highly ployed to carry out any repairs or reconstruc­ trained men, but it is quite likely that if they tion and do any carving that might be themselves were not responsible they must required. These Company’s servants were have exercised considerable influence on the occasionally detained at the Cape and many designs executed at the end of the eighteenth of them were possibly granted land there, on and beginning of the nineteenth centuries. 271 Louis Michel Thibault (Fig. 7) was born about 1750 at Picquigny, near Amiens. We first hear of him as a student at the Royal Academy of Architecture in Paris in li75. In January and March of that year he was placed first in two student competitions, and on September 21st 1776, he had the honour of presenting to the King, Louis XVI, a model in terra cotta of a French order of architec­ ture which he had designed. He was a pupil of J. A. Gabriel one of the leading architects of the French Renaissance. In 1781 Thibault studied in Paris as a military engineer, under the aegis of his uncle, Colonel Charles Daniel de Meuron, and afterwards joined the latter’s regiment which was taken into the pay of the Dutch East India Company and sent to the Cape. This regiment formed part of the garrison of the Cape until 1788, when it was transferred to Colombo, Ceylon, which belonged at that time to the Company. However, instead of leav­ suffered considerably by the loss of my pro­ ing with his regiment, Thibault quitted the fession, I accepted the proposal.” service and remained at the Cape, where he During the three years administration of held certain public appointments, and re­ General Janssens, who governed the Colony sumed his former profession of an architect. in the name of the Batavian Government, The conquest of the Cape by England de­ Thibault’s position increased in importance. prived him of his official appointments but he He was entitled “Inspector of Public Works.” decided to remain in the country. In 1800 The construction of the Drosty (Residency) he writes : “I love this colony, and I have at Tulbagh, which was entrusted to him, was lived here for seventeen years. I have a proof of the estimation in which his talents decided to remain here with my family, live in were held. This title of Inspector was con­ an honourable manner, and make myself use­ firmed by General David Baird, the new ful during the years that remain for me to Governor of the colony, which was handed work.” He then took the oath of allegiance over to England in 1806. He was commis­ and endeavoured, without ever forgetting sioned, according to the instructions he re­ that he had served under the late Govern­ ceived to suggest any necessary repairs to the ment, to find favour with British authorities. public buildings, to estimate the probable expense, to sign the contracts with the con­ His loyal and reserved conduct was appre­ tractors, to assist with his advice the barrack ciated by General Craig, Lord Macartney, who master or quarter-master and finally to main­ succeeded him, in 1797, and General Francis tain in good condition the jetties in Table, Dundas, interim Governor from November, Simon’s and Plettenberg Bays. 1798, to December, 1799. “I have always been honoured by the protection of these A Government notice signed by A. Barnard, gentlemen,” he writes. During 1799 it was June 22nd, 1807, reads: “Notice is hereby proposed that “as Architect he should take given that L. M. Thibault, Esq., has permis­ charge and superintend repairs to the sion to practice as a sworn Surveyor in this Military Buildings of the Garrison.” “Com­ Colony and that all diagrams in future pre­ pletely ignored for five years by Holland, to pared by him will be considered as legal Dia­ the States of which I had rendered most im­ grams in this office.” (Colonial Secretary’s portant services,” says Thibault, “and having Office.) 272 General Dundas’ opinion of Thibault is known to have been designed or carried out given in a letter of October 15th, 1800, to his by him are : The Goode Hoop Masonic Lodge, friend Huskisson : “As an engineer officer his Cape Town, partially destroyed by fire ; capabilities are mediocre, but he can be use­ “Papenboom,” Newlands Avenue, Cape Town, fully employed in architecture, which has destroyed by fire ; design for the Governor’s been his principal study and in which he has residence, Newlands ; desigm for the Land- given proof of much taste.” rost’s house at Graaff Reinet ; The Drostdy, In Lady Anne Barnard’s letters we have Tulbagh ; the Fountain on the Parade, Cape the following references to Thibault : Speak­ Town, never completed. ing of a panorama of Cape Town on which she Thibault was married on April 2nd, 1786, was engaged she says, “There certainly must to Miss Elizabeth van School', daughter of be rules for making a panorama which would Evert van Schoor, a Burgher Councillor. He much abridge trouble but here the word died on November 14th, 1815, and was panorama is unknown, nor is there any Artist buried in the Dutch Reformed Cemetery, who can wield a pencil at the Cape but old Somerset Road, Cape Town. Thibault, the Engineer and Architect.” She remarks that he has built some great houses Contemporary with Thibault and associated but she does not admire any of them except with him in carrying out many of his designs “one villa built on the plan of an Italian one, were Anton Anreith, the sculptor and Her­ which is neither liked or admired here.” “I man Schutte, described as an architect and reckon it the only building in Africa which builder. has in it the smallest elegance,” she adds. According to Miss Fairbridge this was the Of the career of Anreith we know very Brewery or Papenboom, built for Dirk van little but his sculpture and wood carving are Reenen in Newlands Avenue and afterwards amongst the finest works of art in South destroyed by fire. Africa. Reference to this building is made by Bur- He was a native of Freiberg in Breslau, and chell who states “Near this place,” Newlands, arrived at the Cape as a soldier in 1777. For “is a beautiful spot called the Brewery, where fifteen years he carried on the trade of wood in the midst of groves and plantations stands carver and sculptor in the Company’s service, an elegant mansion built after the designs in which he was appointed an auxiliary Lieu­ of Monsieur Thebault, the Government Archi­ tenant of Artillery. He was appointed Lieu­ tect and Surveyor, to whose taste and talents tenant in the Burgher Cavalry in 1778. in Architecture Cape Town is much in­ Among the works attributed to him are the debted.” In another letter Lady Anne Bar­ lions at the Castle entrance and those of the nard states “All the Public Buildings, both South African College gateway in the Gar­ Civil and Military, are to be repaired, and Thi­ dens ; the pulpit and the lectern in the Luth­ bault is to survey and perhaps superintend eran Church and the pulpit of the Groote the work, with a Salary of five Dollars per Kerk, Adderley Street ; the drinking foun­ diem while employed.” tain designed by Thibault to be erected on the The Buildings attributed to Thibault are Parade ; the arms over the old Supreme The entrance portico to the Governor’s quar­ Court entrance and those over the Caledon ters in the Castle commonly called the “Kat Square Police Court; a gilded carved wooden Balcony,” on which the sculpture is the work pediment now in the Archives ; the sculpture of Anton Anreith ; the Koopmans de Wet in the pediment of the Wine Cellar at Groot house, Strand Street, Cape Town ; the old Constantia, and that on the Kat Balcony at Supreme Court Building, Adderley Street ; the Castle (Fig. 8) and the sculpture in the “ Nooitg-edacht” Orangezicht, Cape Town ; Goede Hoop Lodge, Cape Town. “Uitkyk,” near Mulders Vlei, Stellenbosch Anreith, it appears, went to Europe in District ; “Vredenhof,” Paarl ; and the Wine 1786, as records show that money was re­ Cellar, Groot Constantia ; whilst the works mitted to him from the sale of property at 273 the Cape, but returned and was discharged at Thibault undoubtedly had a great opinion his own request in order to “follow his trade.” of the talents of Anreith for, in connection He died in Cape Town in 1822. with a design for a public monument to be erected in Cape Town, we are told that “He informed the Government that he had in­ An inventory of the goods in his house is cluded in his plan certain sculptural work filed in the Cape Archives. which only one man in the Colony could execute and that was Anreith. If, he said, the latter died before he commenced the He was evidently a man of studious tastes work, it would have to be deleted from the and established a school for instruction in plan as there was no other one capable of drawing, etc., in Cape Town. Many of his drawings and prints (there were over two doing it.” hundred and seventy, contained in three port­ Herman Schutte was born at Bremen, folios) passed into the hands of the third of December 25th, 1761. He came to the Cape the trio, Schutte, the architect and contractor in 1789, and is described as an Architect and and came before the public at the sale of the Builder. In connection with the Lodge de effects of Schutte’s great grandson at Cape Goede Hoop, designed by Thibault, we read Town in 1912. that “a contract was entered into with Her-

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Figure 8. F. W. Mullins Delt.

A Lecture given to t he English Association Pretoria June 6 th 1 933, 274 man Schutte to erect it for £6,000 on his In July 1820, Schutte received the appoint­ estimate.” He is also referred to as “a skilled ment of inspector of town buildings. He architect and the Dutch Reformed Church in died at Cape Town October 25th, 1844. Adderley Street, with its commanding1 roof Schutte’s son, grandson and great-grand­ span and many striking features, was his son appear to have followed in his footsteps work.” and practised the profession of an architect. In the catalogue of the sale referred to, held On May 28th, 1813, he was appointed a at Cape Town on December 12th, 1912, of Government Sworn Surveyor. Several of his the estate of his great-grandson, Mr. Silip drawings have been preserved notably one of Oloff Herman Schutte, appear a number of Government House, Cape Town, in the time of drawings by Thibault and Schutte and several the Dutch East India Company. models for sculpture by Anreith. G.E.P.

COLONIAL MUTUAL BUILDING • DURBAN

The recently completed thirteen storey As a result of this bad foundation bed and building at the corner of West Street and the low maximum load allowed by the Muni­ Mark Lane, Durban, for the Colonial Mutual cipality, it was considered advisable to omit Life Assurance Society, Ltd., is claimed to be one floor from the design. South Africa’s highest building. One hundred and eighty-two feet in height, it Although the building was commenced in towers above all others in the shopping and February, 1932, the work was not started in business centre of the town. earnest until the middle of May. The ground floor is occupied by shops and The foundations, which are in the nature the Society’s Offices, whilst the upper floors of a beam and panel concrete raft, were are devoted to offices. The basement is to finished during August. be fitted up as a restaurant-tea room. The framework of the superstructure, Considerable trouble was experienced with which is of steel designed and cut locally, was the foundations on the Mark Lane front and erected by the general contractors in thirteen the work was held up for some time owing to weeks, wind bracing being incorporated in the settlement of the wall of the building the design. opposite, the lane being only six feet wide at The floors are of reinforced concrete, two this point. The new building was set back inches in thickness with thicker ribs. This about two feet and the remaining strip of system of construction was introduced by the ground presented to the municipality. general contractors, who had had experience Water was encountered at a depth of four of it before, and as a result, a considerable feet six inches and hard sand at fifteen feet saving of weight, time and centering was dipping down to twenty-six feet. effected. 275 Although cork flooring had given trouble in the past in Durban no difficulty was experi­ enced with the special cork flooring to the corridors, which are a credit to the sub-con­ tractors concerned. The main hall floor is finished in thick india rubber tiles. The joinery throughout is of specially im­ ported Queensland silky oak, finished with clear lacquer, being particularly serviceable for office doors and of a colour not seen before in South Africa. The windows are of metal those on the lower floor being of bronze. The bronze shop fronts, which were made in Johannesburg by Messrs. F. Sage and Co., are finished antique green as are the copper panels which are such a feature of the design. Bronze, Travertino Romano, Pavanazza and Verde des Alpes marbles are used in the de­ sign of the main office. Marble is also used extensively in the lava­ tories in conjunction with tiles, whilst locally made terrazzo is employed in the staircases and window cills. The plumbing is all in ducts, copper being extensively used for the supply and rain water piping as well as for guttering and flashings. Flushing valves are used instead of the usual water closet cisterns. Ducts are also provided in the building for electrical and telephone wiring.

West Street Front.

A schedule of one floor per week was arranged for and easily adhered to. By the end of the year all the steelwork was in position and all the concrete floors were cast. The brickwork to walls and terracotta to partitions were keeping apace with the steel and concrete work and the stonework was commenced about this time. Where the outside facing is not in stone, the brickwork is finished with snowcrete and sand, water­ proofed, to match the stonework. The floors generally are finished in end matched parquetry, jarrah being used for this purpose with excellent results, Main Office 276 GK.OUUD fL ooe. j-yp/CAL pLooe. Colonial Mutual Building, Durban

277 Very complete fire protection is provided architecture has influenced the design of the by means of escape stairs, sliding- fireproof exterior of the building, the main front of doors, roller fireproof curtains and a new elec­ which is carried out in Alcock Spruit stone. trical fire alarm system which gives the alarm The architects claim that this style is very from any office direct to the local fire station. adaptable to a building full of small offices All structural steel is protected with con­ and therefore containing many windows. crete and windows facing- neighbouring- pro­ The building was opened in July last by perty have wired plate giass. the Mayor of Durban who congratulated the The lifts are a special feature of the build­ Society on their enterprise in erecting such ing-. There are two, which are arrang-ed to a structure during the depression thus show­ run at different speeds, the faster taking only ing its confidence in the future of Durban and twelve seconds to reach the top floor. The finding work for many first class artisans who slower lift has dual control, a switch in the to-day are forced to eke out an existence on car changing the control from car switch to relief works. automatic. The latter is what is termed col­ lective control, that is to say, the car will The building was designed by Messrs. Hen- automatically stop to pick up on any floor in nessy and Hennessy, of Sydney, Australia, the direction of its travel, should the push and Capt. L. A. Elsworth, of Messrs. Walgate buttons on the floor landings be operated, and Elsworth, Cape Town, was the supervis­ and, in addition, if push buttons are operated ing architect. when the car is travelling in the opposite direction to that required by the intending The general contractors were The Lewis passenger, it will return after completing its Construction Company (S.A.), (Pty.), Ltd., initial travel. Provision is also made to pre­ Durban. vent overloading. In consequence of the fast The modelling was done by I. Mitford lift service there has been no difficulty in Barberton, A.R.C.A., and the carving by J. letting offices on the top floors. Romanesque Pinker, M.I.A.

ALLERLEY GLOSSOP

Allerley Glossop is probably one of the most even if, and that is not often, she cannot find conscientious artists we have had in this much to admire. This characteristic deserves country. She is one of those people (some more than passing notice as it is by no means people say they are old fashioned) who still common among craftsmen and craftswomen, pursues an ideal. whether in South Africa or elsewhere. In between farming, riding, storekeeping In her own work, as the result of years of and many other avocations she has consist­ experience, she has acquired a distinct style, ently gone on painting. Animals and land­ easily recognisable without a signature. Per­ scapes have always appealed to her and her haps had she worked a little less hard and output of pictures has been large. At the allowed more time for her impressions to take same time, unlike many of her fellow artists, shape in her very active brain, she might have she is very self-critical, much more so than reached an even higher standard. But each she is of the work of other artists to whose artist has his own way of doing things and this work she always shows a kindly tolerance, artist is an original thinker, 278 Her last exhibition appears to have been master-piece by a South African artist, it can successful. Now that it is over, I confess only be disastrous. As it is, the present it disappointed me. Apart from the fact that tendency in regard to picture-making in her subjects closely resemble those she has South Africa, partly as a result of this use of made her own in other previous exhibitions, mechanical aids, is to become more and more one of her failings as an artist, a want of mediocre. To some extent, there is a similar emphasis of the relative tone values, was par­ tendency overseas, but there, with a much ticularly noticeable. The fact that, in many larger artistic population and the far greater instances, the varnish seemed to have been facilities for artistic education—if only by laid on with the trowel—but that may not coming in contact with the work of the old have been her fault—did nothing to help but masters—the effect, up to the present, does rather accentuated the trouble. The tones not seem to be so serious, though it is a had been raised all round in more or less factor to be reckoned with. Here with much equal proportion, so that what might have more limited facilities and outlook, been forgivable in some pictures and in some mechanism has a far more dangerous in­ cases perhaps justified, was vulgarised and fluence. cheapened by this unfortunate circumstance. I have diverged from my original subject, But allowing for all this, the artist gives not because Allerley Glossop is one of the an impression of South Africa that is well offenders in this respect, but because I be­ worth while. Faults in technique there lieve her work to be essentially sincere and may be, but we get the feeling of South conscientious. Within the limitations of her African mountains and vegetation. The technique, I believe her work to be a genuine “Mare and Foal,” and “Basuto Ponies,” might effort at self-expression. She herself would have happened in hundreds of farms through­ be the first to recognise these same limita­ out the country. “The Voortrekkers Route to tions. But I like to think that her efforts and Kimberley,” is a record that a future genera­ the measure of accomplishment that she has tion may treasure, and there are several other reached, will not have been in vain. She pictures that are unmistakably South African. has won herself a place, it may not be The impetus that art has received in the among the highest, but one of her own. In twentieth century in South Africa has been another hundred years, when our successors very marked and has produced a large number have time to think—such time as has been of pictures. Partly, no doubt, the very fact left them, when Mussolini, Hitler and the of their number has militated against quality. League of Nations have had their little day Quantity inevitably detracts from standard, and ceased to be, it may be possible for a critic especially in an art which is essentially crea­ —there will always be critics—even if there tive. One result of increased production is is no art as we know it to-day, to take stock a certain reliance on adventitious methods. of South Africa’s past achievement. If he Many artists with a large output inevitably does so, I think he will find a niche for and literally fall back on photography and several artists who are not always our best­ other more or less mechanical aids to produc­ sellers, of whom this is one. tion. From the artistic standpoint, this is They will have stones in the palace, or sky­ highly regrettable and inevitably entails a scraper—of art that the new generation is marked lowering of standards artistic and, I building to-day. Each artist who is doing cannot help thinking, moral. In a mechanical honest work may depend upon it that his age, the temptation is severe and, no doubt, stone will be included. They cannot all have it has often been financially successful. But corner-stones, but they can all contribute from the point of view of securing a future something.

279 OBITUARY M R . C . C . R E A D E

The sudden death of Mr. Charles C. Reade, generally. The successful organisation of the recently appointed Regional Town Plan­ National Town Planning Exhibitions, the ning officer for Pretoria and the Reef towns, first of which was held in Adelaide during came as a great shock to many of his friends 1917, and again in Brisbane in 1918, gave and colleagues on the Rand. Mr. Reade, considerable impetus to the movement. who was a New Zealander by birth, had been “Colonel Light Gardens”—a model housing a member of the Town Planning Institute of scheme where over five thousand people Great Britain from its foundation and succes­ reside to-day under attractive conditions in sively held official posts as “Government suburban Adelaide—was one of the first Town Planner, South Australia,” and developments planned in South Australia. “Government Town Planner, Federated In 1921 Mr. Reade was invited by the High Malay States,” and latterly “Director of Town Commissioner (Sir Lawrence Guillemard) to Planning and Development, Secretariat, become Government Town Planner of the Northern Rhodesia,” Federated Malay States where similar exhibi­ He was sent, on his return from Govern­ tions were held, a Federal Department of ment Service in Malaya, to Northern Rhodesia Town Planning organised, legislation passed by the Secretary of State for the Colonies in and continuous administration maintained. 1930, and during the past two and half years The activities of the Department included had completed an approved programme for preparation of General Town and Regional the Territory, including the improvement of Plans, Zoning Maps and Schemes for existing the new mining towns in the Copper Belt, and towns, the laying out of new Government and the completion of preliminary plans for the Mining towns, and various model housing New Capital and Headquarters of the Govern­ schemes for Government and private em­ ment at Lusaka. ployees in different states. Mr. Reade had also been responsible, At the invitation of the Governments of during the past two decades, for much pioneer British North Borneo and the Unfederated work in Australia and Malaya resulting in the Malay States of Kedah and Trengganu, Mr. establishment of Departments of Town Plan­ Reade visited those Territories where town ning and permanent organisation and official planning legislation and activities are now in action in both countries. Early in 1914 he force. He also visited the Phillipine Islands visited Australia as the representative of the in 1927, and completed official illustrated re­ British Garden Cities and Town Planning Association and delivered a series of public ports dealing with Town and City Planning lectures throughout the Commonwealth and there by the American Administration, and New Zealand under the auspices of the State afterwards prepared the plans and proposals Governments, which was followed by his for the layout of a new Hill Station and health appointment as Government Town Planner of resort in Malaya, five thousand feet above sea South Australia, the first of its kind in the level on the main mountain range of the British Empire. South Australia was fore­ Peninsula, since developed for the benefit of most amongst the Commonwealth States to Government and private persons, including adopt Town Planning and Housing legislation the naval, military and air forces stationed and inaugurate modern reforms which have at Singapore. made considerable progress in recent years Mr. Reade had travelled widely and studied both in Australia and New Zealand. These Town and City Planning practice and law in developments in turn have influenced recent many countries including Great Britain, Ger­ legislation in the Transvaal and South Africa many. Italy, France and the United States of 280 America. He had also visited China and the life of the Far East and the Malay Archi­ Japan, the Dutch Indies (Java, Sumatra, pelago. etc.), and contributed to the literature and knowledge of modern town planning develop­ We tender our heartfelt sympathy to Mrs. ments in those countries which indicate the Reade and her family in their sad bereave­ rapid and remarkable change of conditions in ment.

MR. JOHN BARROW,

The death of Mr. John Barrow removes a In 1927, Mr. Barrow and the late Mr. well-known and highly-respected figure George Ness were honoured guests at the from our midst. Having- attained the ripe age banquet given by the architectural profession of 92 years, Mr. Barrow as a pioneer contrac­ in honour of Sir Herbert Baker, who held a tor was well entitled to the name of “the very high opinion of Mr. Barrow’s work. Grand Old Man ” of the building industry. Until recently Mr. Barrow took an Born in Cheltenham, Mr. Barrow was en­ active interest in the work for which his trusted with his uncle’s business at an early firm was responsible. His thoroughness and age, and it was not until 1896, when he was consistent endeavour to produce the best of fifty-five years old, that he decided to come to which he was capable, and his integrity and South Africa. Two of his sons had already fair dealing throughout his whole business started the business which is still being life, engendered widespread confidence in his carried on in Johannesburg, the survivor of work as a builder. these two brothers, Mr. Albert Barrow, being Well known in the religious life of the city, a valued Past President of the National he was lately honoured by being made a life Federation of Building Trade Employers. deacon of the Troyeville Baptist Church. He was pre-deceased by Mrs. Barrow just a year Mr. John Barrow was responsible for the ago, and is survived by two sons, Mr. Albert erection of many well-known buildings Barrow and Mr. William Barrow, and three in Johannesburg, notably the Institute of daughters—Mrs. J. Griffin, Mrs. F. Grunsell Medical Research, St. John’s College, the and Mrs. S. Burns, there being eleven grand­ University of the Witwatersrand and Castle children and one great-grand-son. Mansions, Eloff Street. Mr. Barrow’s many sterling qualities en­ In 1925, when the University buildings deared him to many architects with whom he were opened by the Prince of Wales, he was was associated and his colleagues in the build­ presented to His Royal Highness, who con­ ing industry, by whom his familiar figure and gratulated him heartily on his great age. cheery presence will be greatly missed.

281 PROFESSIONAL NOTES AND NEWS

planning bulks very largely. Projects for a Durban Notes club house and church, show some neat de­ A small but interesting- exhibition of archi­ signs and lighthouses, arsenals and band tectural students’ drawings was held recently stands are illustrated by pencil and charcoal (September) at the Natal Technical College, sketches. Durban, in connection with the celebrations Fourth and Fifth Year work is taken up of the twenty-sixth anniversary of the with advanced planning and design. The College. Fourth Year shows a modern city bank with Both staff and students are to be congra­ offices over, and the Fifth Year has a design tulated on the standard of work attained for a city warehouse in the modern manner which it is safe to say is probably higher now illustrated by a pleasant perspective, a con­ than at any other time. The exhibits reveal cert pavilion and a detail study of a church the architectural design classes to be in a entrance in a traditional style, the latter healthy and flourishing condition and the roughly but slickly drawn and suggestive of work of beginners even now holds much pro­ a wealth of idiom possible to be developed in mise for the future. The exhibition includes a subject of this nature. the work of all years from the 1st to the 5th It is gratifying to hear that there is a possi­ and reveals the existence (at last) of a de­ bility of the Emma Smith Art Scholarship be­ finite and systematic course of study leading ing renewed in the near future, perhaps next up to the standard required for the final ex­ year, and some keen competition is assured amination. Each student is allowed, within from the architectural section of the Art reason, to pursue his own bent, consequently School judging by the exhibition of their work designs reflect wide and catholic tastes and just concluded. range from the traditional to the modern in W.H. character. The First Year is mainly devoted to studies of the orders and simple elements of classic The Durban Corporation Telephone De­ design such as doors, windows, balustrades, partment invites the attention of architects etc., very neatly drawn out and upon which to the necessity of providing facilities for designs are set. There are numerous eleva- telephone service in new buildings during tional and perspective sketches treated in their erection. pencil and water colour, and advantage has The provision of facilities for telephone ser­ been taken of the subjects to teach elemen­ vice is highly important since it avoids incon­ tary rendering of plans and elevations. venience, delay, disfigurement of decora­ The Second Year has some good sheets of tions and wasteful expenditure inseparable drawings showing research work in such from the provisions of conduits, chases and advanced elements as arches, vaults and so forth in finished buildings. domes, forming the basis of subjects and re­ Architects are invited to notify the Tele­ sulting in some excellent, albeit monumental phone Department when plans are being pre­ schemes for a pumping station. There are pared so that details as to the best method of some facile pencil, charcoal and wash sketches providing wireways can be discussed and for bridges, fountains, shop fronts, stage arrived at. settings, etc. Materials such as piping, or chases is a A pleasant design for a homestead in the charge against the new owner of the build­ Spanish American manner was shown by a ing, but in all cases the Telephone Depart­ Third Year student, in which year domestic ment is prepared to find labour for placing 282 the pipe or pipes into position. The entire Professors H. Bell-John and G. E. Pearse wiring- required for the telephone wiring- is have in course of preparation a handbook on the Department’s responsibility. “Building Materials of South Africa.’’ The Further, it is pointed out the Durban Cor­ authors are anxious to embody in this work poration has adopted the principle of an en­ all available data about the respective tire underground service wherever practic­ materials, their varieties, composition, able, and the position of being- able to provide analyses, tests, characteristics, uses, etc., the open wire service with aerial attachments to names of any important buildings in which the face of building-s will, in the main, cease they have been used and will welcome any to exist. It will therefore be seen that the assistance from members of the profession or necessity for making suitable provision in from manufacturers. new buildings is of far greater importance than has been the case previously in Durban. In the last number of the journal a paper, read by Mr. Andrew Allen, was published. In The Minister of Public Works invites Archi­ this article reference was made to a particular tects registered with the Provincial Institutes waterproofing material. This was not of Architects within the Union of South noticed at the time by the editor, otherwise Africa, to submit desig-ns in competition for it would have been omitted from the pub­ the proposed new Government Offices and lished report. It is the policy of the “Record” Magistrates’ Courts at Pietermaritzburg. to publish technical articles of this nature The Conditions of Competition can be seen whenever possible, but not to refer speci­ at the office of the Secretary for Public fically to any particular material and we Works, Pretoria, and at the offices of the Dis­ regret that this should have been done in this trict Engineers, Public Works Department, Pietermaritzburg, Cape Town, Johannesburg, case. Bloemfontein, Port Elizabeth, and can be obtained from the former on payment of a deposit fee of £2 2s. Od. We regret to announce the death of Mrs. McIntosh, wife of the late F. G. McIntosh, Mr. R. D. Martienssen has left for Europe Architect, of Pretoria, and mother of Mr. W. on a three months’ holiday. He intends pro­ G. McIntosh, a member of the Transvaal Pro­ ceeding from London direct to Greece where vincial Institute. he will spend some time visiting Athens and several historic cities. From there he will go to Crete and afterwards to Southern Italy The Central Council wishes to draw the and Sicily, returning via Naples, Rome, attention of all members to an Architectural Florence and Paris to London. Competition for designs for Elevations of Electricity House, Capetown. The Condi­ tions of this Competition have been duly The City Engineer of Johannesburg advises approved by the Central Council. that on representations from the Medical Officer of Health it will be necessary in A copy of the Conditions may be obtained future, in order to prevent the breeding of by intending competitors from the Town mosquitoes, to fit eighteen mesh to the inch Clerk, City Hall, Capetown, on payment of a wire gauze at the back of the grating of the deposit of two guineas. fresh air inlets to sewage conserving tanks The dates in respect of inquiries to be made which are situated within fifteen feet of a by competitors, and the submission of designs, building. will be embodied in the Conditions. 283 The Central Council wishes to draw the at­ Inquiries are to reach the Secretary for tention of all members to an Architectural Public Works, New Government Offices, Pre­ Competition for Designs for proposed New toria, on or before December 15th, 1933 ; and Government Offices and Magistrates’ Courts, the completed Designs are to be delivered not Pietermaritzburg, Natal. later than February 15th, 1934. A copy of the Conditions may be obtained by intending competitors (who must be Mem­ bers of the Institute) from the Secretary for Public Works, New Government Buildings, Conditions of Contract. Pretoria, on payment of a deposit fee of two As the revision of these conditions will guineas ; or may be seen at the Offices of the come under consideration in the near future, District Engineers, Public Works Department, any members having suggestions or criticisms at Pietermaritzburg, Cape Town, Johannes­ to make are requested to send these in to the burg, Bloemfontein, and Port Elizabeth. Secretary.

LEGAL NOTES • PORT ELIZABETH COLLAPSE CASE

Judgment was given in favour of the plaintiff for the Supreme Court Appellate Division, United Building Society sum of £1,500 with costs and it is the correctness of and McClelland vs Lennon Ltd. that judgment which is now challenged on appeal. It will be convenient hereafter to refer to the parties Judgment Stratford A.C.J. as plaintiff and defendants respectively. In 1843 a piece of land abutting on Main Street, This is an appeal from a Judgment of the President Port Elizabeth, was sold by public auction to William of the Eastern Districts Local Division sitting on cir­ Joseph and Rice Smith, under conditions of sale which cuit at Port Elizabeth. The appellants were defenders obliged the purchaser of “each lot or more than one lot’’ in an action to recover the sum of £2,108 5s. 3d. damages to build on each lot according to a plan and specifi­ alleged to have been sustained by the plaintiff (now cations annexed to the conditions. Jhe specifications respondent) owing to the defendant’s negligence. had the following conditions :— “The buildings are to be erected in the form of vaults having an elliptic arched roof of fourteen inch brickwork and three feet rise from the spring­ ing, the North and South arches to have four braces of one and a half inch iron bolted in plates running the whole length of the Building, the walls of abut­ ment nine feet six inches from the level of the floor to the springing of the arch and to have a foundation of sufficient thickness and at least two feet below the ground line, the thickness of the North Walls to be two feet and the party walls twenty four inches of stone laid in horizontal courses.” What is meant by “running the whole length of the building” is not quite clear, but counsel agreed that the word “buildings” referred to the whole structure of four vaults and the word “building” referred to each of these vaults; so that there were to be four tie-rods or braces parallel to one another in the north vault and in the south vault. There was a departure from this original plan in several respects. Five and not four vaults were built on the land in question, tie-rods or braces were found in each vault and the north and The Building before the accident showing the much south walls are found to be three feet thick and the discussed buttress. internal walls two feet thick, This arch construction 284 of the five roofs naturally required provision for the thrust in each case, and so far as we can gather from the materials we have of the original design was that the north and south vaults were to be self-supporting so far as their arch roofs were concerned since the thrust in their case was taken (or neutralised) by the four tie-bars provided. Thus the design was apparently that the north and south vaults (No. 10 and No. 2) con­ stituted respective abutments supporting the arch thrust on them from arch No. 8 vault and from that on No. 6 (from south to north the vaults are numbered 2, 4, 6, 8 and 10). The middle vault No. 6, would thus have its arch supported by equal thrusts from arches on No. 4 and No. 8. This assumption of the original design involves, of course, the further assumption that the original designer was relying to some extent upon the tensile strength of the walls which the tie-rods con­ nected or braced, that is to say, there was a reliance One of the Vaults showing Construction. upon those walls acting as a homogeneous unit such as a monolith ; for obviously if the mortar joints could not be trusted, the tie-bars when taking strain would simply negligence. Before this Court, however, Mr. Howes, pull out the bricks covered by the plates at each end of who was counsel for the plaintiff, rightly admitted that the tie-bar. This latter risk could be (I think there is the obligations undertaken by the second defendant to some evidence that it was) largely eliminated by beams his employer (the first defendant) could in no way inside the walls running the length of each vault to measure the degree of care incumbent upon him to which the tie-bars were fastened. This assumption of exercise in carrying out the work of demolition. This the original design I adopt merely by way of illustration obviously correct aspect of the matter was unfortunately for the purpose of remarks later to be made. It is entirely lost sight of during the conduct of the case in not necessary to decide definitely that the assumption the Court below with the result that much was made is correct, though on the evidence before us, I think, it of the provision in the specification to “shore up probably is. The whole structure consisting of these thoroughly before demolition'’ and in consequence there five vaults remained in single ownership until acquired was keen controversy as to what wras the first step in by Canon Mayo, in 1924, and he in May, 1931, sold vaults the demolition. It also seems to have been forgotten 2, 4 and 6, to the United Building Society, defendant that the architect as authorised agent of the employer in the action. It was primarily known, and admittedly had altered that contract and permitted a different known to Canon Mayo that the purchaser was buying sequence of the work. Mr. Howes, however, on appeal for the purpose of immediate demolition of the three merely relied upon the terms of the specification as vaults for the erection of a ten-storied building. Canon proof of the defendant’s knowledge that the work was Mayo also intended the destruction of the remaining two vaults and on the 15th December donated them to his Church which adjoined them on the west for the pur­ pose of its extension. This (to quote his evidence) was “the realisation of a lifetime’s hopes.’’ At the time of the sale these vaults were used as shops, No. 8 by the Misses Gleaves and No. 10 by the plaintiff who carried on the business of a chemist. On acquiring Nos. 2, 4 and 6 the first defendant called for tenders for the erection of a ten-storied building on these sites. This was in November, 1931. Mr. Eaton, of the firm of Eaton and Ta.it, was the architect employed. Tenders were also separately called for the demolition of the shops, and though separate tenders were obtained, the work of demolition was ultimately entrusted to the second defendant, because the lowest tenderer, who had also tendered for the building contract, requested that if they were not successful on the latter tender, the work should be given to the successful constructional tenderer. This was the second defendant, McClelland, who agreed to do the work for £108 “as per specifica­ tion.” A copy of this document was annexed to the declaration and considerable importance was attached to its terms both during the trial and in the judgment Some of the Stones used in the Vaults. as being relevant to the question of the defendant’s 285 dangerous, and also as an example, known to the trade, of the ordinary precautions to be taken by contractors in demolition work. This in our judgment was a legiti­ mate use of the document. To resume the history of the case : the second defendant commenced the work of destruction in December, he removed a buttress at the south-east corner of No. 2 vault; removed such tie-rods as he found inside these vaults ; partially took down the west wall and entirely removed the front walls to­ gether with parapets and piers. He left standing the south wall and the internal walls with the arch roofs over them. He also made some openings in the internal walls to facilitate access and removals. “On the 24th December, 1931 (to quote the declaration), the roof and portions of the walls of Numbers 2, 4, 6 and 8 of the said building collapsed and the roof and walls of No. 10 cracked and became so unsafe that the plaintiff's employees were unable to re-enter it.” The declara­ tion continues : “(9)— At about 1.30 a.m. on the 30th December, 1931, the roof and portion of the walls of the premises hired by the plaintiff No. 10) collapsed and a large quantity of the goods and fittings, the property of the plaintiff, contained therein, were destroyed. (10)—The collapse of the roofs and walls of Numbers 8 and 10 Main Street was caused by the negligence and lack of care and skill of the defendants and/or their servants and agents in that (a) The supporting buttresses, portions of the front and back walls, and the iron connecting rods, were removed without any provision being made to take their place. (b) Excavations were made and openings in the interior walls effected which weakened the walls supporting the roof. Wall between shops 8 and 10 showing cut tie rod (c) No care was taken, or supports provided, to avoid collapse although the building was obviously in a very dangerous condition. The present civil action was then instituted and as (d) Neither the North Wall—i.e., that between No. 6 appears from the declaration, the plaintiff claims dam­ and No. 8 nor the West Wall, was shored up in terms ages resulting from the defendant’s negligence, I refer to of the said specifications. the criminal proceedings merely to observe that evidence (e) Notwithstanding cracks and other signs of relevant to those proceedings is not necessarily reve- imminent danger, which appeared, to the knowledge vant in the civil action, though both may be based upon of the defendants and/or their servants and agents, culpa. The care necessary to exercise to prevent injury some time before the actual collapse, no proper or to persons, is not necessarily the same, and indeed, is effective steps were taken to avoid the danger and often different from, that required to preserve a neigh­ no warning was given. bour’s property. In the view we take of this case it (f) Generally there was an entire lack of the skill and is of the first importance to ascertain from the plead­ care reasonably to be expected from persons per­ ings the precise nature of the claim. That the action forming a work which was necessarily dangerous. is founded on culpa and culpa alone is hardly open to (11)—As the result of the collapse of the said pre­ question ; there is no assertion and no implication of mises, the plaintiff has suffered damages by reason of assertion that the plaintiff relied upon a right of support destruction and deterioration of his stock and fixtures due from the first defendant as an owner of portion of and has been put to considerable expense amounting the original building comprising the five vaults. There in all to £2,108 5s. 3d. for all of which the defendants is first the absence of assertion of any such right of the are liable jointly and severally, but notwithstanding the owner of No. 10 vault, or of the acquisition of such right plaintiff’s requests they both refuse and neglect to pay by his lessee, the present plaintiff ; there is the joinder the same or any part thereof. Particulars of the said of the second defendant who could, of course, not be sum of £2,108 5s. 3d. have been supplied to the defen­ sued on such right; and finally, there is the clear and dants.” definite founding of the claim on culpa. I shall deal, Seven persons were killed as a result of the collapse presently with the eleventh hour application of this of the building and the second defendant and the archi­ Court for an amendment of the declaration ; for the pre­ tect were tried for culpable homicide and acquitted. sent, it need only be said that on the frame of the 286 pleadings the enquiry was necessarily limited to the dant and to be a measure of his Common Law duty to question of the defendant’s negligence, the first defen­ avoid injury to neighbouring property. And in conse­ dant’s liability being based upon the doctrine qui faeit quence of this erroneous assumption a considerable per aliuni faeit per se. The learned Judge President amount of evidence was directed to ascertain what acts after hearing voluminous evidence, which he very care­ done by the contractor amount to a commencement of fully analysed, found (1) that the negligence of the “demolition.” Indeed underlying the views of every second defendant had been proved; (2) that the dam­ expert witness one finds the fixed notion that it was the ages he awarded were incurred as a result of that negli­ duty of the second defendant to provide adequate sup­ gence, and (3) that the first defendant was liable on port for the thrust of the arch-roof of No. 8 vault, which the above maxim. Thus, in this appeal, our enquiry support, of course, would ensure to the benefit must be whether in our view the evidence satisfactorily of the plaintiff’s property No. 10 vault. To refer to established that negligence. the evidence of the plaintiff's witnesses more particu­ First, what are the acts alleged which a careful and larly : Fowlds, a builder, says he would not have done prudent man (the diligens pater l’amilias of the Roman what the second defendant did, which he regarded as a Law) should have done or should have refrained from removal of support, before supplying a substitute by doing ? These are set out in the first five sub-para­ shoring up the south wall of No. 8. Runham, an archi­ graphs of paragraph 10 of the declaration. These alle­ tect, had, what I may call, the specification obsession gations cannot, perhaps be fully understood from a mere and he gave his views on the meaning of “demolition” ; perusal of the declaration. A description of the build­ he was of opinion that the second defendant removed ing is required and perhaps some understanding of the support and attributed the fall of the build­ nature of the arch thrust on abutment walls. The ing to the removal of the front wall : “Per­ evidence, however, gives ample explanation and in the sonally, I think that was the main cause of the light of that evidence we can ascertain quite definitely collapse removing that wall.” Then he states^ the what is the nature of these complaints. Bearing in order in which he would have done the work : “Had mind that the plaintiff is not an adjoining occupier. No. I been going to do the job I should have strutted with 8 vault is between the two contestants—and that the I'ough-centering under the crown of the arches, shore collapse of plaintiff’s shop (No. TO) is the injury claimed up Miss Gleaves’ wall this side, and then I should have to have been inflicted, it is manifest that it is the taken this parapet off and worked towards the back. removal of existing support without supplying a sub­ Question :—“At what stage would you have done your stitute that (save for a minor qualification to be dealt strutting and shoring ?” “First of all taken out the glass with later) is the real foundation for the claim. So and windows if any value, taken out the floors if they much, I think, is clearly to be derived from the declara­ were wood floors, as I suppose they were, and then I tion itself, once the physical state of things is under­ would put my strutting in and shoring. That would stood. Turning to the evidence and before making- have been the first part of the job. I could have detailed reference to it a general observation can safely lifted the tie-bars out then when I came to them.” be made. It is that there was no complaint by the Again I find this question and answer : Question :—“You plaintiff that the second defendant was not entitled to have heard their system was that they were going to do what he did do nor was the manner of doing it strip the building of what they regarded as unessentials, questioned : it was the order, or sequence, of his opera­ then shore up between Nos. 8 and 6, rough-centre all tions which was objected to. It was insisted by the three, Nos. 6, 4 and 2, and take off in strips eighteen witnesses for the plaintiff that before the second defen­ inches to two feet strips. That was a perfectly sensi­ dant did those acts of demolition which in fact he did, ble proceeding ? ” “I do not say so. I believe in he should have provided support to the south wall of taking it off in strips, but not in taking away the w-alls. No. 8 vault. It was implicit in the evidence of all I cannot see any use of it.” Question :—“Theirs was plaintiff’s expert witnesses that there was a duty upon a perfectly sensible procedure, but the only point where defendants to supply this support. There was some you differ is that before they took away the walls and difference of opinion as to the best manner of giving buttresses they should have shored up and rough- the support, but that a legal duty rested upon defen­ centred ? ” “That is exactly what I say.” Question:—- dants was a cardinal hypothesis on which all testimony “It was the time in which they were to do it you to negligence was given. differ?” “Yes.” Wilson a civil engineer, says: The questions to the plaintiff’s expert witnesses Question :—“What in your opinion would have been the took the form of enquiring how the support should have proper method of demolition ? ” “Do you mean the been provided, and whether or not it was safe to remove method I should have adopted ? ” “Yes.” “The alleged existing supports before adequate support was method I should have adopted differs somewhat from installed. Great stress was laid upon the following con­ the other methods that have been put forward, but I dition in the demolition contract made by the two defen­ should not have been inclined to adopt shoring, although dants : “Shore up thoroughly, before demolition is com­ that might have been capable of being carried out in menced, whole area of North and West walls of existing a perfectly efficient manner. I should not have felt premises.” happy about the demolition unless I was permitted to “NOTE.—These walls to be left shored up and must enter shops Nos. 8 and 10 ; and I should have provided not be demolished under this contract.” The sequence those shops with a complete system of tie-rods, with a of the work here indicated was assumed (quite wrongly heavy plate on each of the exterior walls. I should not in my view) to be obligatory upon the second defen­ have tightened these tie-rods up with a heavy hand, but 287 I should have just given them sufficient tension to take tioned. As I have endeavoured to show, we are solely the strain. Question:—“That would have been your concerned with an allegation of negligence, and we now method ; but do you say the shoring method also could see that the question is narrowed down to this: “Is be employed ? ” “Yes, it could be done.” Question :— it negligence to fail to give that which the party com­ “And was it a safe proceeding to take these three vaults plaining cannot claim as of right ? ” Strange results dawn without in any way shoring or protecting the would follow if the answer was in the affirmative which, wall of No. 8 ?” “No, it could not be done.” Thus most certainly it is not. So that it is now manifest it was the plaintiff’s case throughout that the culpa on that the plaintiff under an allegation of negligence is which he rested his action was the second defendant’s claiming something (the right of support) which he neglect to supply the support to No. 8 and No. 10 vaults neither asserts nor proves to be his. In the absence before he removed that support previously afforded by of such assertion or proof we must conclude, for the the buildings he was employed to demolish. And I purpose of this action, that the plaintiff neither should point out here that the defence appears to me to possessed a servitude of support nor relies upon it, the have accepted every challenge without question; no more so since it is a lessee who sues and not the owner objection was raised to the relevancy of the specifica­ of the building. And if this is so it cannot be negli­ tion annexed to the declaration and the assumption that gence to discontinue to give that which could never have there was a duty to give equivalent support to the sup­ been demanded as of right although hitherto given port removed seems to have been conceded. During gratuitously or inadvertently or accidentally. The mode the argument before this Court, however, the assump­ of withdrawing something may, of course, be very rele­ tions I have mentioned were questioned, and the respec­ vant to a charge of negligence, and perhaps the best tive contentions of counsel were advanced in forms example of that is the sudden withdrawal of support of somewhat different from those they took in the lower a building without due notice and warning of such with­ Court. It is thus essential that the act or acts of drawal. I return to that possible aspect of the matter negligence on which the action is based should be clearly later. Apart from the operation of prescription, a stated and understood. Apart from the duty to give right cannot be claimed on the sole ground of its pre­ timely notice of the demolition (to which I shall later vious unchallenged enjoyment, and obvously it cannot refer), it now appears quite clearly from what I have be negligent not to give it when claimed on that ground set out above that the act of negligence complained of alone. Yet this is the only claim the plaintiff makes ; can be stated in three words, viz., removal of support. in effect he sa.ys to defendants : “On its southern side It was because the second defendant removed the abut­ the building I occupy was relying upon yours for sup­ ment (as it is called) which took the thrust of arch­ port ; you took your building down without giving me roof of No. 8, that that vault collapsed and in turn the same support in a substituted form, therefore, you brought down No. 10, the plaintiff’s shop. The plain­ were negligent.” That assertion, in my judgment, is a tiff (not an adjoining owner be it noted) complains clear legal non-sequitur. The prolonged investigation of this, and says, in strict effect, that it was a negligent in which both sides indulged was consistently carried act to remove this support. Had he a right to that on on a wrong assumption. It was treated as axiomatic support ? Up to the time of demolition in fact, apart that the plaintiff was entitled to have the south wall of from his own tie-rods, he got that support from No. 3 No. 8 supported by the first defendant and no one paused which in turn rested upon No. 6 and so on southwards, to think that if this was so the right could have been perhaps diminishing in degree. The final support was vindication apart from the allegation or proof of negli­ afforded by the south wall. Does the

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BRONZE WORK COLONIAL MUTUAL BUILDINGS. DURBAN.

SHOPFRONTS, CANOPIES- DOORS, GATES, SIGNS- ETC. MANUFACTURED IN OUR JOHANNESAURG FACTORIES. SAGE

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290 Journal of the SA Architectural Institute

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