follower of Martin Schongauer. This drawing was part of the bequest made by Mr
Dodgson in favour of the British Museum which took effect in 1949. Since 1946 and
1949 respectively those drawings have been held by the Trustees as part of the
collections of the British Museum.
3.
On 30th September 1963 the British Museum Act 1963 came into force in the place of
inter alia the 1753 Act. It provided for the Trustees to continue as a body corporate
(s.1) and conferred on them power, subject to the restrictions imposed on them by
virtue of any enactment (whether contained in that Act or not) to enter into contracts
and other agreements, to acquire and hold land and other property, and to do all other
things that appear to them necessary or expedient for the purposes of their functions
(s.2). S.3(1)-(3) require the Trustees to keep the objects comprised in the collections
at the places and in the manner there specified. S.3(4) provides:
“Objects vested in the Trustees as part of the collections of the
Museum shall not be disposed of by them otherwise than under
section 5 or 9 of this Act [or section 6 of the Museums and
Galleries Act 1992].”
S.5 authorises the Trustees to dispose of duplicates, objects made after 1850 and
objects unfit to be retained in the collections of the Museum. It also entitles the
Trustees to destroy useless objects. S.9 of that Act and s.6 of Museums and Galleries
Act 1992 entitle the Trustees to transfer objects comprised in the collections of the
British Museum to the Trustees of any other of the specified national museums.
4.
In 1970 Cross J determined that the Court or the Attorney-General may authorise:
“a payment...out of charity funds which is motivated simply
and solely by the belief of the trustees or other persons
administering the funds that the charity is under a moral
obligation to make the payment”,
see Re:Snowden [1970] Ch.700, 709.
5.
In 2002 the Trustees considered a claim advanced by The Commission for Looted Art
in Europe (“CLAE”) on behalf of the heirs of the late Dr Feldmann that each of the
four drawings had been the property of Dr Feldmann in Brno, Czechoslovakia and
had been stolen from him on 15th March 1939 by the Gestapo. The claim was and is
for restitution not compensation alone. At a meeting of the Trustees held on 27th July
2002 it was agreed that:
“6.4.3 Having regard to the cogency of the evidence adduced
within the context of what were acknowledged to be the
exceptional atrocities committed during the 1933-1945 era, the
claimants request for the return of these drawings ought to be
acceded to if and to the extent permissible by law.
6.4.4 With the agreement of the claimants and [Department
for Culture, Media and Sport], this case should be referred to
the Spoliation Advisory Panel for an opinion on the appropriate
action to take in response to the claim given the fact that the
claim is solely for restitution.”