The Marine Gardens
For the new season, which opened on 16 May 1914, the Directors of the Marine Gardens proposed two changes:
The single admission charge of sixpence would now cover not only previous privileges such as the band court, the al fresco theatre, the amusement court and the winter garden, but the free and unrestricted entrance to the cinematograph theatre and the ballroom.
In the second place, arrangements were completed for the alternative admission of the public, not through the ordinary sixpenny turnstile, but direct from Seafield Road into the amusement court with its scenic railway, figure eight railway, river caves etc. at the nominal charge of one penny. This arrangement would prove advantageous to family parties but these would, of course, be denied access to the rest of the Gardens and for this purpose the amusement court had been divided off from the remainder, although quite available to visitors entering by the sixpenny gate.
Dependent so much for their success on such fickle circumstances as the weather and public taste, the Edinburgh Marine Gardens had suffered at various points in their career from first one vagary and then another, while the previous summer, when everything else was so favourable, the unfortunate tramway strike intervened to spoil what promised to be a successful year. But the progress of the enterprise, though slow, had been steady and at this, the beginning of the sixth season, optimism was expressed by the management that the desired corner on the road to established success would soon be turned...... ironically, as events over the summer were to show.
The single admission charge of sixpence would now cover not only previous privileges such as the band court, the al fresco theatre, the amusement court and the winter garden, but the free and unrestricted entrance to the cinematograph theatre and the ballroom.
In the second place, arrangements were completed for the alternative admission of the public, not through the ordinary sixpenny turnstile, but direct from Seafield Road into the amusement court with its scenic railway, figure eight railway, river caves etc. at the nominal charge of one penny. This arrangement would prove advantageous to family parties but these would, of course, be denied access to the rest of the Gardens and for this purpose the amusement court had been divided off from the remainder, although quite available to visitors entering by the sixpenny gate.
Dependent so much for their success on such fickle circumstances as the weather and public taste, the Edinburgh Marine Gardens had suffered at various points in their career from first one vagary and then another, while the previous summer, when everything else was so favourable, the unfortunate tramway strike intervened to spoil what promised to be a successful year. But the progress of the enterprise, though slow, had been steady and at this, the beginning of the sixth season, optimism was expressed by the management that the desired corner on the road to established success would soon be turned...... ironically, as events over the summer were to show.
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An outbreak of fire occurred about noon on 22 May 1914 at the Edinburgh Marine Gardens, originating in a large store. The fire brigade were quickly on the scene and in a little over half an hour they succeeded in extinguishing the flames. The building, which was close to the ballroom, was somewhat seriously damaged and the contents, consisting of a large number of chairs, forms and decorations, were destroyed.
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A Professional five a side tournament was held at the Marine Gardens on 1 June. There were prizes of £20 for the winners and £10 for the runners up. Eight senior clubs engaged in the invitation five a side tournament in warm weather. The attendance was about 5000. Hamilton Academicals beat Falkirk by 3 goals to nil in the final.
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It was clear during the early part of the 1914 season that the marine Gardens had become a major venue for sporting events.
The twenty ninth annual amateur athletic meeting promoted by the Edinburgh Harriers Club was held on 6 June in cold blowy weather .
A successful invitation five a side football tournament for junior clubs was carried through the following Saturday.
The City of Edinburgh Territorial Force Association Championship sports meeting was held on the evening of Wednesday 24th June. There was Running, Jumping, Hurdling, Bayonet fighting, Tug of War and Cycling.
In fact, so successful was this event that the Territorials were back on 4 July, this time with mounted sports including riding and jumping, artillery and other driving and tent pegging.
Representatives were present from England and Wales as well as Scotland, but the chief rivalry in the competitions was between Edinburgh and London and the success achieved by the Edinburgh men in the athletic championship events, which carried with it the Grand Aggregate Cup was all the more welcome because of the fact that London had been victorious in all the previous contests.
The mile relay race provided a capital win for Edinburgh.
Both Tugs of War went to the Highland Light Infantry, the catch weight ten being a very bulky and heavy lot and winning easily. There was an unfortunate incident at the start of the final between the Highland Light Infantry and the 2nd North Midland Field Company RE in the 110 stone class. Just as the opponents had got into the pull, the rope snapped in the middle and the competitors were thrown back with great force. Some of them were badly shaken, one man particularly so, and the contest had to be delayed.
The Marathon contest over twelve miles go as you please was a duel between London (14th Battalion London Scottish) and Edinburgh (4th Royal Scots Queen’s Edinburgh Rifles). The London Scots covered the journey, which was over ground about Musselburgh, Dalkeith, Millerhill and finishing at Marine Gardens, in nearly twenty minutes less time than their opponents. They were heartily cheered on trotting round the track and the men, a splendidly set up lot, were evidently in excellent condition. They were more experienced at the game than the Royal Scots and not only that but considerably older, probably on an average about four or five years per man. All the London Scots, 16 in all, finished, but only 14 of the Queen’s men completed the course.
The mounted events proved exceedingly interesting to the spectators and the wrestling on horseback afforded great amusement. A few of the troopers were thrown from their horses but there were no accidents.
The twenty ninth annual amateur athletic meeting promoted by the Edinburgh Harriers Club was held on 6 June in cold blowy weather .
A successful invitation five a side football tournament for junior clubs was carried through the following Saturday.
The City of Edinburgh Territorial Force Association Championship sports meeting was held on the evening of Wednesday 24th June. There was Running, Jumping, Hurdling, Bayonet fighting, Tug of War and Cycling.
In fact, so successful was this event that the Territorials were back on 4 July, this time with mounted sports including riding and jumping, artillery and other driving and tent pegging.
Representatives were present from England and Wales as well as Scotland, but the chief rivalry in the competitions was between Edinburgh and London and the success achieved by the Edinburgh men in the athletic championship events, which carried with it the Grand Aggregate Cup was all the more welcome because of the fact that London had been victorious in all the previous contests.
The mile relay race provided a capital win for Edinburgh.
Both Tugs of War went to the Highland Light Infantry, the catch weight ten being a very bulky and heavy lot and winning easily. There was an unfortunate incident at the start of the final between the Highland Light Infantry and the 2nd North Midland Field Company RE in the 110 stone class. Just as the opponents had got into the pull, the rope snapped in the middle and the competitors were thrown back with great force. Some of them were badly shaken, one man particularly so, and the contest had to be delayed.
The Marathon contest over twelve miles go as you please was a duel between London (14th Battalion London Scottish) and Edinburgh (4th Royal Scots Queen’s Edinburgh Rifles). The London Scots covered the journey, which was over ground about Musselburgh, Dalkeith, Millerhill and finishing at Marine Gardens, in nearly twenty minutes less time than their opponents. They were heartily cheered on trotting round the track and the men, a splendidly set up lot, were evidently in excellent condition. They were more experienced at the game than the Royal Scots and not only that but considerably older, probably on an average about four or five years per man. All the London Scots, 16 in all, finished, but only 14 of the Queen’s men completed the course.
The mounted events proved exceedingly interesting to the spectators and the wrestling on horseback afforded great amusement. A few of the troopers were thrown from their horses but there were no accidents.
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A novelty in the way of sport of a highly exciting kind was presented for the first time in Edinburgh on 3 August. This was a motor gymkhana under the auspices of the Edinburgh and District Motor Club, held in the sports arena of the Marine Gardens. Though the weather was unpromising at the start, there was a considerable attendance, including many ladies. Leading honours were secured by the well known Edinburgh brothers, the Messrs Alexander, who proved their skill and daring in many contests.
The following day War was declared.
The following day War was declared.
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The last official event at the Marine Gardens in 1914 was the Edinburgh Aero Club’s model aeroplane exhibition on 9 August.
Bad weather and a series of accidents, which resulted in several of the models being swept out to sea and lost in the Firth of Forth, spoiled the day. However, before the idea of abandoning the competitions was arrived at some interesting flights were made by the tiny monoplanes and biplanes, which were propelled by twisted rubber.
After the exhibition closed, the Marine Gardens were requisitioned by the War Office as barracks for the Territorial Army.
Bad weather and a series of accidents, which resulted in several of the models being swept out to sea and lost in the Firth of Forth, spoiled the day. However, before the idea of abandoning the competitions was arrived at some interesting flights were made by the tiny monoplanes and biplanes, which were propelled by twisted rubber.
After the exhibition closed, the Marine Gardens were requisitioned by the War Office as barracks for the Territorial Army.
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By the end of November a large number of troops were stationed at the Marine Gardens, mainly the 5th and 7th Battalions of the Royal Scots.
All of the major buldings had been taken over as billets and there was concern that there were no facilities provided for reading, writing or recreation. In response, the committee of the Young men’s Guild of the Church of Scotland raised £300 to erect a structure which could be used to meet the need.
All of the major buldings had been taken over as billets and there was concern that there were no facilities provided for reading, writing or recreation. In response, the committee of the Young men’s Guild of the Church of Scotland raised £300 to erect a structure which could be used to meet the need.
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On Christmas day , the 5th Battalion Royal Scots had a christmas dinner at the marine Gardens. This was followed by a tea, concert and cinematograph entertainment which the officers provided for the wives and families of the soldiers. A feature was a christmas tree and gift distribution.
Other soldiers in the district also had seasonable fare, the detachment of the 7th Battalion Royal Scots stationed at Portobello Chocolate Factory proceeding to the Olympia to fall in with their comrades there to proceed to their treat at Leith Gaiety Theatre.
Other soldiers in the district also had seasonable fare, the detachment of the 7th Battalion Royal Scots stationed at Portobello Chocolate Factory proceeding to the Olympia to fall in with their comrades there to proceed to their treat at Leith Gaiety Theatre.
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On Boxing Day considerable trouble was experienced when a number of Icelandic ponies were landed at Leith.
They were being driven along Seafield Road when, frightened by a railway train, they stampeded and knocked down Patrick Wynn, a farm worker, who with two other men was in charge of them. Wynn was walking ahead at the time and sustained some cuts and bruises about his head, limbs and body. After being attended to at the Marine Gardens, he received further treatment at Edinburgh Royal Infirmary.
Saturday evening and the whole of Sunday were spent in rounding up the ponies, of which ninety were still at large on Sunday morning. The frightened animals ran far and wide and several of them were recovered at Musselburgh, Dalkeith, Bonnyrigg, Niddrie, Gilmerton, Millerhill and elsewhere in Midlothian.
They were being driven along Seafield Road when, frightened by a railway train, they stampeded and knocked down Patrick Wynn, a farm worker, who with two other men was in charge of them. Wynn was walking ahead at the time and sustained some cuts and bruises about his head, limbs and body. After being attended to at the Marine Gardens, he received further treatment at Edinburgh Royal Infirmary.
Saturday evening and the whole of Sunday were spent in rounding up the ponies, of which ninety were still at large on Sunday morning. The frightened animals ran far and wide and several of them were recovered at Musselburgh, Dalkeith, Bonnyrigg, Niddrie, Gilmerton, Millerhill and elsewhere in Midlothian.
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A quaint method of marking the departure of 1914 was followed at the Marine Gardens. Following the close of a Hogmanay concert, the 5th (Imperial Service) Battalion of the Royal Scots court - martialled No. 1914 Private Old Year, the sentence of the court being that he be drummed out at midnight, which was duly done. The culprit was impersonated by a member of the battalion in the garb of Father Time.
Inter company shooting matches and a revolver shooting match for the officers were engaged in during New Years day. A dance followed in the evening.
It was noted that since the much appreciated Guild Institute was opened in the Gardens after Christmas, upwards of 3000 letters and postcards had been dispatched by the men in preparation for their departure for France.
Inter company shooting matches and a revolver shooting match for the officers were engaged in during New Years day. A dance followed in the evening.
It was noted that since the much appreciated Guild Institute was opened in the Gardens after Christmas, upwards of 3000 letters and postcards had been dispatched by the men in preparation for their departure for France.
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Under Lady Kinross’s scheme of Music To The Troops, an admirable and much appreciated concert was given to the men of the 5th Battalion the Royal Scots in the Edinburgh Marine Gardens on 4 February 1915
Mrs H. P. Macmillan, who acted as accompanist had arranged the programme, which was taken part in by Lady McCormick (violinist) Miss Fraser Stewart (soprano) Miss Jessie Ritchie (elocutionist) Mr. Edwin Kean (baritone) and Mr. Chester Henderson (cellist).
Colonel Wilson, Commanding Officer, presided over a large gathering.
Mrs H. P. Macmillan, who acted as accompanist had arranged the programme, which was taken part in by Lady McCormick (violinist) Miss Fraser Stewart (soprano) Miss Jessie Ritchie (elocutionist) Mr. Edwin Kean (baritone) and Mr. Chester Henderson (cellist).
Colonel Wilson, Commanding Officer, presided over a large gathering.
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A meeting of the shareholders of the Edinburgh Marine Gardens Limited was held in Dowell’s Rooms, Edinburgh on 2 March 1915. Mr. Thomas Ramsay, architect, Glasgow, presided.
Ramsay said that seeing that the War Office were at present in possession of the Gardens it was impossible for the directors to say anything definite with regard to the future movements on the part of the company.
He was asked if they could be informed what the arrangement was with the military authorities regarding the Gardens. He replied that the most of the meeting knew the arrangement and as the war Office authorities were not at all anxious that the arrangements should be made public he would like to avoid giving any public intimation of it.
It was argued that it was only right that the shareholders should know what the company was doing with their money and that the shareholders should know the terms of any arrangement and especially what the rental was. Other people said that they did not want to know. Others demanded that they be informed when the military authorities entered into arrangement with the company and what the rental was.
On a division it was agreed by nine votes to five that the information be withheld.
The Chairman stated that the confidential information desired could be got privately. The directors had no intention of withholding any information that was in the interests of the shareholders, but he did not think that sensitive information relating to the war effort should be stated to the shareholders publicly.
Ramsay said that seeing that the War Office were at present in possession of the Gardens it was impossible for the directors to say anything definite with regard to the future movements on the part of the company.
He was asked if they could be informed what the arrangement was with the military authorities regarding the Gardens. He replied that the most of the meeting knew the arrangement and as the war Office authorities were not at all anxious that the arrangements should be made public he would like to avoid giving any public intimation of it.
It was argued that it was only right that the shareholders should know what the company was doing with their money and that the shareholders should know the terms of any arrangement and especially what the rental was. Other people said that they did not want to know. Others demanded that they be informed when the military authorities entered into arrangement with the company and what the rental was.
On a division it was agreed by nine votes to five that the information be withheld.
The Chairman stated that the confidential information desired could be got privately. The directors had no intention of withholding any information that was in the interests of the shareholders, but he did not think that sensitive information relating to the war effort should be stated to the shareholders publicly.
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Speaking at a gathering of soldiers in the Marine Gardens, Portobello on 3 July, the Rev. J. Harry Miller, chaplain to the Coast Defence Forces said that Lord Curzon was not exaggerating in what he had said as to the dangers ahead. It was a time of real national gravity and peril. Man for man they might be equal to the Germans, but gun for gun they were not. The chaps at the front were having a bad time simply because they were not supported as they ought to be.
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On the anniversary of the opening of the Church of Scotland Guild Military Institute, Marine Gardens on 23 December 1915, a reunion tea and concert took place for soldiers who had been first to enjoy its benefits, namely 250 officers and men of the 15th Battalion (Queen’s Edinburgh) Royal Scots who in the intervening twelve months had been at the Dardanelles and had been invalided home. Mr W.M. Ramsay presided and among the platform party was Miss Paterson, the donor of the building.
Captain McLagan DSO, who was cheered for several minutes, returned the company’s thanks for the opportunity afforded them by Mr. Ramsay and his friends of coming back to their old quarters on the anniversary of the opening of the place which had given them more happiness and comfort than Mr. Ramsay or his friends could ever believe. The institute had been retained in the minds of the men throughout the whole time they had been absent from it.
It struck a rather sad note in the minds of those back in the old place again knowing they were practically the remnant of what was a battalion. But they had got to look forward. Some would shortly be fit again to go out and do their little bit again to keep things going. The job for them all was to get fit and get back to the trenches as soon as possible.
Captain McLagan DSO, who was cheered for several minutes, returned the company’s thanks for the opportunity afforded them by Mr. Ramsay and his friends of coming back to their old quarters on the anniversary of the opening of the place which had given them more happiness and comfort than Mr. Ramsay or his friends could ever believe. The institute had been retained in the minds of the men throughout the whole time they had been absent from it.
It struck a rather sad note in the minds of those back in the old place again knowing they were practically the remnant of what was a battalion. But they had got to look forward. Some would shortly be fit again to go out and do their little bit again to keep things going. The job for them all was to get fit and get back to the trenches as soon as possible.
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On 26 May the Right Rev. Dr. John Brown, Moderator of the General Assembly of the Church of Scotland, together with a large company, visited the Guild institutes at the Marine Gardens and the Chocolate Worksand found these places models of taste and comfort. Mr. W.M. Ramsay, the originator and superintendent of both institutes received the guests.
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On 3 June the Duke and Duchess of Hamilton also visited the Church of Scotland Guild Institutes at the Marine Gardens and the Chocolate Works, accompanied by the Rev. John Muirhead, Avondale and Mr. W.M. Ramsay, hon. superintendent. Her Grace gave an address to the men.
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A meeting of Edinburgh Parish Council was held on 19 June 1916.
The Finance Committee minutes showed that the Collector had reported that the rates on the Marine Gardens had been in arrears for the last two years.
In a reply to a question on the point it was stated that the difficulty arose owing to the place being in the possession of the military.
The Finance Committee minutes showed that the Collector had reported that the rates on the Marine Gardens had been in arrears for the last two years.
In a reply to a question on the point it was stated that the difficulty arose owing to the place being in the possession of the military.
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By the end of 1916 the continuing military occupation of the Marine Gardens was putting the Company and the franchisees into difficulties. On 14 December the Figure Eight Railway Company put all of its equipment up for sale. By the end of the following January it was in liquidation.
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The Marine Gardens Company protested at the continuing occupation of the Gardens by the Military and in March 1917 they took their case to Court.
However, Lord Ormidale in the Court of Session dismissed as irrelevant their action against the Crown with reference to the possession by the Government of the Gardens.
An apparent inequity arose to the Company for they themselves were under obligation in terms of their lease to pay a large sum of rent for the use of the Gardens from which they had been evicted by the Government and were liable for large sums also for taxes and insurance.
The Company asserted that although the Government entered on and retained the possession, occupation and use of the Gardens in virtue of the powers conferred upon the Crown by the Defences Act 1842, the Government was liable to pay £75 a week or such sum as might be determined to be a fair rent or alternatively that the Government was liable to pay compensation for the use of the subjects as assessed by a jury summoned under the Defence Act 1842 and that the Crown should be orered to pay £5121 in name of rent from August 1915 to december 1916 and thereafter £75 per week.
Lord Ormidale felt that to some extent the inequity was more apparent than real for it was at least possible that they had a complete answer to any demand for rent and also, it appeared to his Lordship, for taxes.
His Lordship said that the pursuers averred that the Crown entered into an agreement with them. His Lordship thought that agreement was concluded without reference to the Defence Act 1842. There was nothing in the agreement itself to indicate that the Act was in the mind of either parties. It was an entirely voluntary bargain and one which both parties were competent to enter into at common law. In terms of the agreement a week’s notice was given and accepted in August 1915 of the termination of the agreement. As it was, the lands continued in Government occupation and endeavour was made to adjust a rent but parties failed to come to terms.
The Company were advised to apply to the defence of the Realm Losses Commission. They replied that they had done so so, with a result that was not satisfactory to them. His Lordship would only say that the Company had good grounds for asking the Comission for a re hearing and it was satisfactory to think that the Commission had expressed their willingness to allow that so soon as the present proceedings were out of the way.
However, Lord Ormidale in the Court of Session dismissed as irrelevant their action against the Crown with reference to the possession by the Government of the Gardens.
An apparent inequity arose to the Company for they themselves were under obligation in terms of their lease to pay a large sum of rent for the use of the Gardens from which they had been evicted by the Government and were liable for large sums also for taxes and insurance.
The Company asserted that although the Government entered on and retained the possession, occupation and use of the Gardens in virtue of the powers conferred upon the Crown by the Defences Act 1842, the Government was liable to pay £75 a week or such sum as might be determined to be a fair rent or alternatively that the Government was liable to pay compensation for the use of the subjects as assessed by a jury summoned under the Defence Act 1842 and that the Crown should be orered to pay £5121 in name of rent from August 1915 to december 1916 and thereafter £75 per week.
Lord Ormidale felt that to some extent the inequity was more apparent than real for it was at least possible that they had a complete answer to any demand for rent and also, it appeared to his Lordship, for taxes.
His Lordship said that the pursuers averred that the Crown entered into an agreement with them. His Lordship thought that agreement was concluded without reference to the Defence Act 1842. There was nothing in the agreement itself to indicate that the Act was in the mind of either parties. It was an entirely voluntary bargain and one which both parties were competent to enter into at common law. In terms of the agreement a week’s notice was given and accepted in August 1915 of the termination of the agreement. As it was, the lands continued in Government occupation and endeavour was made to adjust a rent but parties failed to come to terms.
The Company were advised to apply to the defence of the Realm Losses Commission. They replied that they had done so so, with a result that was not satisfactory to them. His Lordship would only say that the Company had good grounds for asking the Comission for a re hearing and it was satisfactory to think that the Commission had expressed their willingness to allow that so soon as the present proceedings were out of the way.
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The case dragged on.
The War Office offered the Marine Gardens Company £400 as compensation for the use of the site from August 1914 until September 1917. The Company responded that they had had to pay £480 in ground rent and £520 in taxes over the same period, so they would be £600 out of pocket.
In effect, the Company was subsidising the War Office, and had not had the use of their property, valued at over £50,000 for upwards of three years. In response to that point, the War Office considered that as there was a war on, the Marine Gardens were assumed not to be capable of being used for their ordinary purposes owning to the lighting restrictions.
The Company responded that the lighting restrictions only applied at night. As their business was usually conducted between May and September, that issue did not arise. In effect, they had been evicted from the property when it was requisitioned as a barracks and hey did not see why they, who had no ability to use the property, should be paying the ground rent and taxes when the army, who were using the buildings, did not.
The issue was taken before the Burgh Assessor, Mr. Smart. He was not sympathetic and considered that although very great hardship might be entailed upon the Marine Gardens Company, it was by no means a unique case. The fact that the War Office had taken over the buildings and had given them a very inadequate sum, had nothing whatever to do with the Assessor’s duty. He put forward a suggestion to regard the subjects as being the same as an unused factory and assess it at half its value, namely £600. As Burgh Assessor he decided that the figure of £480 for the use of the site must stand. With regards to the buildings, the Marine Gardens Company were proprietors, the War Office occupiers and the valuation of £1200 for the buildings was reduced to £500.
The War Office offered the Marine Gardens Company £400 as compensation for the use of the site from August 1914 until September 1917. The Company responded that they had had to pay £480 in ground rent and £520 in taxes over the same period, so they would be £600 out of pocket.
In effect, the Company was subsidising the War Office, and had not had the use of their property, valued at over £50,000 for upwards of three years. In response to that point, the War Office considered that as there was a war on, the Marine Gardens were assumed not to be capable of being used for their ordinary purposes owning to the lighting restrictions.
The Company responded that the lighting restrictions only applied at night. As their business was usually conducted between May and September, that issue did not arise. In effect, they had been evicted from the property when it was requisitioned as a barracks and hey did not see why they, who had no ability to use the property, should be paying the ground rent and taxes when the army, who were using the buildings, did not.
The issue was taken before the Burgh Assessor, Mr. Smart. He was not sympathetic and considered that although very great hardship might be entailed upon the Marine Gardens Company, it was by no means a unique case. The fact that the War Office had taken over the buildings and had given them a very inadequate sum, had nothing whatever to do with the Assessor’s duty. He put forward a suggestion to regard the subjects as being the same as an unused factory and assess it at half its value, namely £600. As Burgh Assessor he decided that the figure of £480 for the use of the site must stand. With regards to the buildings, the Marine Gardens Company were proprietors, the War Office occupiers and the valuation of £1200 for the buildings was reduced to £500.
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The Company decided to sue the War Department. The case came to Court on 14 November 1917. The War Department was charged that having entered onto the premises of the Marine Gardens in August 1914 and retained the possession, occupation and use of the land under the powers conferred upon the Crown by the Defence Act 1842, the Depatment was liable to pay £75 a week or such sum as may be determined to be a fair rent, or, alternatively, that the Government was liable to pay compensation. The Company wanted a lump sum of £5121 to cover the period up to December 1916 and £75 a week thereafter.
The Court recognised that Lord Ormidale had dismissed an earlier attempt by the Company as irrelevant. This time the Lord President said that, without expressing any opinion upon the legal questions which had been raised, he considered that the parties ought to have an opportunity of resuming and bringing, he hoped, to a favourable conclusion the negotiations begun in August 1915. He had no doubt that with goodwill on both sides they would without much difficulty manage to agree on what was, after all, not a very complicated question:- what was a fair rent to pay for the subjects?
The Court recognised that Lord Ormidale had dismissed an earlier attempt by the Company as irrelevant. This time the Lord President said that, without expressing any opinion upon the legal questions which had been raised, he considered that the parties ought to have an opportunity of resuming and bringing, he hoped, to a favourable conclusion the negotiations begun in August 1915. He had no doubt that with goodwill on both sides they would without much difficulty manage to agree on what was, after all, not a very complicated question:- what was a fair rent to pay for the subjects?
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The issue wasn’t settled until May 1918, when, on 23 May the negotiations were brought to a successful conclusion. A joint minute was lodged under which the action had been taken out of Court. The agreement between the parties provided that the War Department shall paid the Marine Gardens Company £1680 a year for rent. An allowance of £150 per annum was to be made by the company to the Crown to maintain the buildings in good order and the Crown took over the obligation to pay rates and taxes. Counsel were heard on the question of expenses. Mr. Robertson Christie K.C. maintained that the Company had had substantial success in their action. Mr. Pitman, for the Crown said he was not instructed to ask for expenses against the Company. He submitted that each side should bear their own expenses and pointed out that the negotiations had resulted in a reduction of the pursuers claim from £3900 to £1680. The Court interponed authority to the joint minute and found that the Company were entitled to expenses.
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The Military held on to the Marine Gardens for almost two years after the war ended.
In February 1919 the R.A.F. took up residency and on 26 February their football team defeated Gullane Aerodrome 2 - nil on the Marine Gardens sports field. The following day they beat the sailors of HMS Croxton 9 goals to nil. In March the R.A.F. North Western Area Cup was won by Portobello RAF after a semi-final draw with Montrose.
In February 1919 the R.A.F. took up residency and on 26 February their football team defeated Gullane Aerodrome 2 - nil on the Marine Gardens sports field. The following day they beat the sailors of HMS Croxton 9 goals to nil. In March the R.A.F. North Western Area Cup was won by Portobello RAF after a semi-final draw with Montrose.
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Strategic withdrawal began on 26 June 1919, starting with an auction of military vehicles at the Marine Gardens.
By perusing the catalogue (price 6d) potential buyers could decide between 5 Commer lorries, 3 Pierce Arrow lorries, 3 Caledon lorries, 5 Maudslay lorries, 1 AEC lorry, 3 Hallford lorries, 1 Jeffrey & Austin lorry, a Clayton & Shuttleworth steam waggon in good order, a Peerless motor waggon workshop with lathe and workshop fittings, a Delauney chassis, a Scap chassis, 2 Ford ambulances, 4 Maxwell cars, 2 two-seater Singers, 23 Ford vans, 10 Ford touring cars, a Sunbeam touring car, a Cadillac cabriolet, a Daimler car, a Studebaker car, a Photographic body and fittings or 2 Trailer waggons.
By perusing the catalogue (price 6d) potential buyers could decide between 5 Commer lorries, 3 Pierce Arrow lorries, 3 Caledon lorries, 5 Maudslay lorries, 1 AEC lorry, 3 Hallford lorries, 1 Jeffrey & Austin lorry, a Clayton & Shuttleworth steam waggon in good order, a Peerless motor waggon workshop with lathe and workshop fittings, a Delauney chassis, a Scap chassis, 2 Ford ambulances, 4 Maxwell cars, 2 two-seater Singers, 23 Ford vans, 10 Ford touring cars, a Sunbeam touring car, a Cadillac cabriolet, a Daimler car, a Studebaker car, a Photographic body and fittings or 2 Trailer waggons.
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On Wednesday 19 July at 11 o’clock, prompt, Messrs Castiglione & Scott sold by auction, in the field adjoining the Marine Gardens, a quantity of agricultural machinery, 3 motor cycles and side cars, 3 Ford delivery vans, Weigher transporters, Bailers and 5 trailers.
Then on 28 July there were more motor vehicles (without reserve) comprising 16 Ford vans. 1 Ford ambulance. 4 Ford touring cars. 1 Wolseley ambulance. 19 Maudslay heavy lorries. 2 Peerless lorries. 4 AEC lorries. 1 LGOC lorry. 2 LGOC ambulance buses. 4 Talbot ambulance cars.
And so it went on.
26 September saw 67 motor lorries, v ans, cars and cycles (without reserve) of the following makes:- Commer, Fiat, Hallford, Kelly, FWD, Peerless, Seabrook, LGOC lorries. Daimler, Austin, Studebaker, Wolseley, Hispanosuiza, Straker Squire, Siddeley, Deasy, Reo Garford, Willys Overland and Ford cars and vans. Peerless workshop lorry and Peerless store. 3 Lacre 5 ton tractors. 31 solo and combination motor cycles including Douglas, Clyno and Phlon & Moore.
On 20 October it was a Peerless workshop lorry. Jeffery Quad workshop lorry. 8 Maudslay heavy tenders. 4 AEC heavy tenders. Bristol, Jeffery, Peerless, Pierce Arrow, chassis and H.T. 13 Ford vans. 2 Ford ambulances. 6 Ford touring cars. 3 Hallford 3 ton chassis. Hallford 3 ton lorry. 19 combination and solo Douglas cycles.
And on 12 December motor lorries, ambulances, cars and vans comprising Hallford, Peerless, FWD, Daimler and Napier lorries. GNC, Daimler, Siddeley, Deasy and Studebaker ambulances. Sunbeam, Studebaker and Talbot touring cars. Foden & Fowler steam tractors. Thorneycroft and Peerless workshop lorries. Locomobile, Packard and Peerless store lorries. Halley charabanc. Ford cars and vans. Ruston Proctor searchlight trailers. Ruston Proctor, Foden, Wallis and Stevens trailers.
And again, the following week 84 solo and combination motor cycles including Sunbeam, Douglas, Triumph, Clyno, Royal Enfield .
The last sale in 1919 was on 30 December, which was a sale of spare motor parts for Peerless, Pierce Arrow, AEC, Maudsley, Raleigh, Drake and Gorham lorries and cars. Also tyres, tubes, levers, front and rear lorry wheels fitted with tyres.
Then on 28 July there were more motor vehicles (without reserve) comprising 16 Ford vans. 1 Ford ambulance. 4 Ford touring cars. 1 Wolseley ambulance. 19 Maudslay heavy lorries. 2 Peerless lorries. 4 AEC lorries. 1 LGOC lorry. 2 LGOC ambulance buses. 4 Talbot ambulance cars.
And so it went on.
26 September saw 67 motor lorries, v ans, cars and cycles (without reserve) of the following makes:- Commer, Fiat, Hallford, Kelly, FWD, Peerless, Seabrook, LGOC lorries. Daimler, Austin, Studebaker, Wolseley, Hispanosuiza, Straker Squire, Siddeley, Deasy, Reo Garford, Willys Overland and Ford cars and vans. Peerless workshop lorry and Peerless store. 3 Lacre 5 ton tractors. 31 solo and combination motor cycles including Douglas, Clyno and Phlon & Moore.
On 20 October it was a Peerless workshop lorry. Jeffery Quad workshop lorry. 8 Maudslay heavy tenders. 4 AEC heavy tenders. Bristol, Jeffery, Peerless, Pierce Arrow, chassis and H.T. 13 Ford vans. 2 Ford ambulances. 6 Ford touring cars. 3 Hallford 3 ton chassis. Hallford 3 ton lorry. 19 combination and solo Douglas cycles.
And on 12 December motor lorries, ambulances, cars and vans comprising Hallford, Peerless, FWD, Daimler and Napier lorries. GNC, Daimler, Siddeley, Deasy and Studebaker ambulances. Sunbeam, Studebaker and Talbot touring cars. Foden & Fowler steam tractors. Thorneycroft and Peerless workshop lorries. Locomobile, Packard and Peerless store lorries. Halley charabanc. Ford cars and vans. Ruston Proctor searchlight trailers. Ruston Proctor, Foden, Wallis and Stevens trailers.
And again, the following week 84 solo and combination motor cycles including Sunbeam, Douglas, Triumph, Clyno, Royal Enfield .
The last sale in 1919 was on 30 December, which was a sale of spare motor parts for Peerless, Pierce Arrow, AEC, Maudsley, Raleigh, Drake and Gorham lorries and cars. Also tyres, tubes, levers, front and rear lorry wheels fitted with tyres.
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And the auctions carried on through 1920.
There were sales on 23 January, 27 January, 6 February (Castor oil, grease and paint), 12 February, 13 February, 19 February, 20 February, 24 February, 5 March, 11 March (aeroplanes), 23rd March (363 army blankets. 169 bedsteads and trestles. 165 bedstead boards, 100 mattresses. 284 palliasses. 44 tables. 38 chairs. 11 forms. Office safe. Cash boxes. Wheelbarrow. Pots. Pails. Brushes. Enamelware and a miscellaneous variety of articles for domestic use.)
Finally, on 29 December: The whole buildings on the Marine Gardens ground at Seafield Road, Portobello, comprehending large dancing hall with maple floor, Promenade hall, Concert Hall, Restaurants and other buildings, two gas engines complete with compressed gas plant etc. The ground extending to approximately 19 acres and containing a sports field.
There were sales on 23 January, 27 January, 6 February (Castor oil, grease and paint), 12 February, 13 February, 19 February, 20 February, 24 February, 5 March, 11 March (aeroplanes), 23rd March (363 army blankets. 169 bedsteads and trestles. 165 bedstead boards, 100 mattresses. 284 palliasses. 44 tables. 38 chairs. 11 forms. Office safe. Cash boxes. Wheelbarrow. Pots. Pails. Brushes. Enamelware and a miscellaneous variety of articles for domestic use.)
Finally, on 29 December: The whole buildings on the Marine Gardens ground at Seafield Road, Portobello, comprehending large dancing hall with maple floor, Promenade hall, Concert Hall, Restaurants and other buildings, two gas engines complete with compressed gas plant etc. The ground extending to approximately 19 acres and containing a sports field.
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Edinburgh Marine Gardens Company was wound up on 8 July 1921.
The Gardens had been in the possession of the War Office authorities since September 1914, during which time the company’s business had been entirely suspended. Since the close of the accounts an agreement had been arrived at with the War Office authorities providing a basis of settlement and in order to distribute the free assets of the company among the shareholders on the carrying out of the terms of the agreement, the directors deemed it expedient that the company should resolve into liquidation.
At the final meeting, the Chairman Mr. J. C. Couper said that the settlement to be made with the first come preferential shareholders would be one eminently satisfactory to them and that there would also be a payment to the ordinary shareholders which would be more satisfactory than had been anticipated. The report was adopted. An extraordinary general meeting of the company was held immediately after the annual general meeting when it was unanimously decided that the company should be wound up voluntarily.
The Gardens had been in the possession of the War Office authorities since September 1914, during which time the company’s business had been entirely suspended. Since the close of the accounts an agreement had been arrived at with the War Office authorities providing a basis of settlement and in order to distribute the free assets of the company among the shareholders on the carrying out of the terms of the agreement, the directors deemed it expedient that the company should resolve into liquidation.
At the final meeting, the Chairman Mr. J. C. Couper said that the settlement to be made with the first come preferential shareholders would be one eminently satisfactory to them and that there would also be a payment to the ordinary shareholders which would be more satisfactory than had been anticipated. The report was adopted. An extraordinary general meeting of the company was held immediately after the annual general meeting when it was unanimously decided that the company should be wound up voluntarily.
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Edinburgh Corporation were concerned at the potential loss of the Marine Gardens and, at meetings on 27 July and again on 29 July decided to purchase the Gardens and the land on which they stood.
However on 9 August he agents of the Craigentinny Estate refused of the Corporation’s offer to purchase some 39 acres of land between Kings Road, Portobello and Seafield, including the Marine Gardens site at a price of £15,000. Included in the proposed purchase were extensive foreshore rights, which if they had been acquired by the Corporation would have given them practical control of the foreshore from beyond Kings Road to Leith Docks.
Instead the Marine Gardens Ballroom, together with some 12 acres of land adjoining, were sold to Mr. F. Graham Yool.
However on 9 August he agents of the Craigentinny Estate refused of the Corporation’s offer to purchase some 39 acres of land between Kings Road, Portobello and Seafield, including the Marine Gardens site at a price of £15,000. Included in the proposed purchase were extensive foreshore rights, which if they had been acquired by the Corporation would have given them practical control of the foreshore from beyond Kings Road to Leith Docks.
Instead the Marine Gardens Ballroom, together with some 12 acres of land adjoining, were sold to Mr. F. Graham Yool.
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On 10 September, advertisements were placed for the sale of large quantities of valuable building materials from the Marine Gardens, specially suitable for contractors, comprising three kiosks, three urinals, flooring, plain boarding, roof principals, joists, battens, doors (panelled) window sashes, glazed roof lights, rhone piping, corrugated iron sheeting, asbestos plates, roof ventilators, large quantity rough plate glass, felting etc. etc.
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Edinburgh Corporation were not in a mood to give up on the Marine Gardens, however, and on 15 September the Lord Provost’s Committee recommended that the remainder of the Marine Gardens site, extending to about 27 acres be purchased at a price of £13,000.
Bailie Hastie moved approval of the recommendation, the real intent of the purchase being to gain the foreshore rights, which would prevent removal of sand from that stretch of the beach. If they did not secure the foreshore rights someone else would be able to remove the whole of the sand which was worth about £700 a year to the proprietor of the foreshore.
The Town Clerk explained that the position was as he had ascertained at a meeting with the proprietors on the previous day, that if the Town Council agreed to offer £13,000 it would be accepted. An offer of £7000 for the foreshore rights alone would also be accepted. If this was not offered, they would accept the offer of a private person for the whole.
The Lord Provost’s Committee had asked the expert who formerly advised the Corporation with regard to the foreshore, Dr. Owens, to submit another report in view of the removal of the sand and the effect of the report was that sand had been taken away to such an extent that at present, in his opinion, the amenity of the foreshore had been affected. Dr. Owens was of the view that if the Corporation took steps now they would be able to get the necessary bylaws which would prevent any further removal of sand.
Bailie Hastie said he could forsee a great deal of litigation over the bylaws. By 22 votes to 16 the Town Council decided to take no action.
The matter rumbled on, again coming before the Lord Provost’s Committee who empowered the Town Clerk to continue discussions with the agents of the Craigentinny Estate.
Finally, on 19 November, it was agreed that the Corporation would purchase the foreshore rights at Seafield.
Bailie Hastie moved approval of the recommendation, the real intent of the purchase being to gain the foreshore rights, which would prevent removal of sand from that stretch of the beach. If they did not secure the foreshore rights someone else would be able to remove the whole of the sand which was worth about £700 a year to the proprietor of the foreshore.
The Town Clerk explained that the position was as he had ascertained at a meeting with the proprietors on the previous day, that if the Town Council agreed to offer £13,000 it would be accepted. An offer of £7000 for the foreshore rights alone would also be accepted. If this was not offered, they would accept the offer of a private person for the whole.
The Lord Provost’s Committee had asked the expert who formerly advised the Corporation with regard to the foreshore, Dr. Owens, to submit another report in view of the removal of the sand and the effect of the report was that sand had been taken away to such an extent that at present, in his opinion, the amenity of the foreshore had been affected. Dr. Owens was of the view that if the Corporation took steps now they would be able to get the necessary bylaws which would prevent any further removal of sand.
Bailie Hastie said he could forsee a great deal of litigation over the bylaws. By 22 votes to 16 the Town Council decided to take no action.
The matter rumbled on, again coming before the Lord Provost’s Committee who empowered the Town Clerk to continue discussions with the agents of the Craigentinny Estate.
Finally, on 19 November, it was agreed that the Corporation would purchase the foreshore rights at Seafield.
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