The acting agents also list a separate farmhouse and orangery as part of the chattels.
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Among the chattels were two desks, one his, one hers, extras from a summer house they let go.
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The federal agency defines cargo theft as the criminal taking of "goods, chattels, money, or baggage" included as part of a commercial shipment.
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However traditional slavery, in which humans are treated as chattels, and bequeath their status to their children, does still exist, even though all countries have abolished it.
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Farther than anyone was everCalled, through increasingly suburban airsAnd ways, with autumn falling over everything:The plush leaves the chattels in barrelsOf an obscure family being evictedInto the way it was, and is.
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"Noura and indeed the women and girls of Sudan have too often been treated as chattels to be traded and given away as though they are property and as though they have no rights," it said.
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But she said that the changes were important to ensure gender equality and that they would bring to an end an outdated system and make way for "an independent tax system that delivers equal treatment for all and no longer treats women as chattels."
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Gorsuch said the court reviewed the law and found that attaching a GPS to a car is the same as attaching something to someone else's property, which constitutes as trespass to chattels and a search, even though the technology didn't exist when the law was written.
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The other claimed keeping darker-skinned human beings as chattels -- forcing them into a life of hard labor, beating them for the tiniest perceived infraction, raping them at will, tearing their children away to sell on the market -- was not only economically necessary, but natural, culturally vital, and God's stated will.
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Others concerned the use of lost chattels found by another. Who was the real owner? Early on, there was difficulty in dealing with situations where chattels held by a bailee were used by a third party. Examples could be sheep, horses, farm goods, grains or other chattels left in the care of a person who was required to exercise ordinary care.
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Such restraints have also been termed "equitable servitudes on chattels".See Clairol, Inc. v.
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Cody's Cosmetics, Inc., 353 Mass. 385, 231 N.E.2d 912 (1967) (refusing to enforce servitude). See also Z. Chafee, Equitable Servitudes on Chattels, 41 945 (1928); Z. Chafee,Comment: The Music Goes Round and Round: Equitable Servitudes and Chattels, 69 1250 (1956).
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Every free layman having ten marks in chattels shall have a habergeon, iron cap, and lance.
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Attachiamenta bonorum, in ancient law books, denotes an attachment of chattels to recover a personal debt or estate.
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Note that there may be civil liability for the torts of trespass to chattels or conversion in either eventuality.
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Plus "6. ...pro rata...one-half of the livestock" and "7. ... half or less of the existing chattels, tools, and seed...".
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This is typically a defense to trespass to land or trespass to chattels, as it can refer to realty or personalty.
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Australia's law in relation to goods and chattels (items which are not land or intellectual property) follows that of the United Kingdom.
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Simon was ordered to replevy that land to Odo as well as the chattels and to treat him rightfully in his court.
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The court held that this activity constituted a trespass to chattels and awarded injunctive relief, reasonable attorneys' fees and costs, as well as damages.
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Is it really too much trouble to replace nouns like testator, lien and chattels, or words conflated into adverbs like theretofore, therewithal, and hereunder?
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Holdsworth cites a 1313 case in which the counsel. Toudeby for the defendant pleaded no allegation of bailment, but Scrope, the counsel for the demandant (plaintiff), replied that, if the defendant carried off the chattels and a writ was brought to recover them, it was no answer to say that the chattels had not been bailed to the plaintiff. Still the case turned on the question of bailment.Year Book 6 Edw.
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Electronic Frontier Foundation, Amicus Brief in Intel v. Hamidi (Jan. 18 2000).Laura Quilter, The Continuing Expansion of Cyberspace Trespass to Chattels, 17 Berkeley Tech. L.J. 421 (2002).
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The court held that Melle committed a trespass to chattels in violation of Virginia Common Law. It followed a precedent, CompuServe Inc. v. Cyber Promotions, Inc., 962 F. Supp.
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These cases indicate that, at least in California, a plaintiff did not have to demonstrate any kind of actual interference with the computer system to successfully claim trespass to chattels.
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In British America (1607–1783), colonists struggled to determine the status of the children of subjects and foreigners. English common law was paternalistic, and determined the legal status (bond or free) of the child of a British subject as based on the legal status of the father as head of family and household, as pater familias. To live in society, a man was legally required to acknowledge his bastard children as well as legal ones, and to support them with food, shelter, and money, and to arrange an apprenticeship so that he or she could become a self-supporting adult. Regarding chattels (personal property), English common law indicated that the profits generated by chattels (live stock, mobile property) accrued to the owner of said chattels.
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Wives for sale were treated like capital assets or commodities. One law made wives into husbands' chattels. Other sales were described as brutal, patriarchal, and feudalistic. Wife sales were equated with slavery.
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Musgrave claimed Dacre had "machinated" that he, Sir William Musgrave and "all his tenants, might be slain by the Scots, and their houses and chattels destroyed." Dacre was indicted, tried, and subsequently acquitted.
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In Holdsworth's Case Clayt. 151, pl. 99, 1638, an attempt to bring an action in trover for the wrongful detention of chattels by a bailee failed, because the action sounded in detinue and not trover.
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Most of the house's goods were old or of inferior quality. A sale following the suppression raised £3 11s. 2d for the goods and chattels, £7 6s. 8d for building materials and a further 12s.
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2d 903 Also, a number of cases have cited this case's reasoning concerned with trespass to chattels such as Yo! Braces Orthodontics, PLLC v.Theodorou, 2011 NY Slip Op 31012(U),Yo! Braces Orthodontics, PLLC v.
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Trespass to chattels, also known as trespass to goods or trespass to personal property, is defined as "an intentional interference with the possession of personal property...proximately injury". While originally a remedy for the asportation of personal property, the tort grew to incorporate any interference with the personal property of another.Thrifty-Tel, Inc., at 1566 In some jurisdictions, such as the United Kingdom, trespass to chattels has been codified to clearly define the scope of the remedy;Torts (Interference with Goods) Act 1977Elliott, p.
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Trespass to chattels is a tort whereby the infringing party has intentionally (or, in Australia, negligently) interfered with another person's lawful possession of a chattel (movable personal property). The interference can be any physical contact with the chattel in a quantifiable way, or any dispossession of the chattel (whether by taking it, destroying it, or barring the owner's access to it). As opposed to the greater wrong of conversion, trespass to chattels is argued to be actionable per se. The origin of the concept comes from the original writ of trespass de bonis asportatis.
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These electronic messaging cases, and their progeny, which have cropped up over the last decade, will typically turn on the situations described in (b) or (d), and, as detailed below, the question of harm caused is a big issue. In sum, the basic elements of a claim of trespass to chattels are: 1) the lack of the plaintiff's consent to the trespass, 2) interference or intermeddling with possessory interest, and 3) the intentionality of the defendant's actions. Actual damage is not necessarily a required element of a trespass to chattels claim.See, e.g.
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If however a bonitary owner kept the res (property) in his possession for a certain amount of time (two years for land, one year for chattels) his title would become full title and he could assert himself as dominus. Usucaption was the solution that emerged to address the defects of Roman ownership. It required five elements: # Uninterrupted possession of the property for the requisite period (one year for chattels, two years for land); # The property was capable of being owned. Not a free man for example; # Good faith.
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The Act applies to contracts where property in 'goods' are transferred or agreed to be transferred for a monetary consideration,Sale of Goods Act 1979 s2(1). in other words: where property (ownership) in personal chattels is sold.
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The company is a member of the Society of Fine Art and Antique Auctioneers and Valuers, and the Association of Accredited Auctioneers, and observes these Societies' codes of due diligence for antique valuation as well as sale of chattels.
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"NC Post Offices – 1785 to 1882." Carolana. Retrieved 2019-03-02. After his father's death in 1860, he sold the company, after first having put up for sale some of its chattels, such as 15 mules and "Seven Likely Negroes".
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Although a number of commentators have expressed enthusiasm over the increasing "propertization" of intellectual property (that is to say, the increased application of real property doctrines to intangible property) and the extension of the trespass to chattels doctrine to computer networks,See, e.g., David M. Fritch, "Click Here For Lawsuit – Trespass to Chattels in Cyberspace," 9 J. Tech. L. & Pol'y 31 (June 2004). a number of detractors have expressed concern over the ramifications of extending the theory to protect electronic communications that do not actually damage the computer systems in question but only cause nominal damage due to their content.
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He died in 1977. The eleventh Duke brought a claim for breach of trust by failing to make any selection or an inventory of the chattels, and release them all to the tenth Duke, who was a constructive trustee when he received them.
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An agent entrusted by a principal with the possession of goods is generally recognized as having a sufficient interest in the goods to enable him to maintain an action against a third person for a conversion. Some jurisdictions hold that the agent must have more than a mere right of possession. A similar result has been reached where the servant left the property in the possession of the defendant, who subsequently converted it. Where a sheriff attached chattels and delivered them for safekeeping to a person, the person was merely the sheriff's servant, and having no interest in the chattels, could not maintain an action for their conversion.
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Support for the rule against enforcement of post-sale restraints has at times been rested on the common law's hostility to restraints on the alienation of chattels. "The right of alienation is one of the essential incidents of a right of general property in movables, and restraints upon alienation have been generally regarded as obnoxious to public policy, which is best subserved by great freedom of traffic in such things as pass from hand to hand. General restraint in the alienation of articles, things, chattels, except when a very special kind of property is involved, ... have been generally held void." Dr. Miles Medical Co. v.
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Personal estate is divided in English law into chattels real and chattels personal; the latter are again divided into choses in possession and choses in action. Interest in personal property may be either absolute or qualified. The latter case is illustrated by animals ferae naturae, in which property is only coextensive with detention. Personal property may be acquired by occupancy (including the accessio, commixtio, and confusio of Roman law), by invention, as patent and copyright, or by transfer, either by the act of the law (as in bankruptcy, judgment and intestacy), or by the act of the party (as in gift, contract and will).
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CompuServe also extended its damages claim to its subscribers who spent time deleting unwanted email. The court held that Cyber Promotions's intentional use of CompuServe's proprietary server was an actionable trespass to chattels and granted a preliminary injunction enjoining the spammer from sending unsolicited advertisements to any email address maintained by CompuServe. Cyber Promotions' persistence in sending email to CompuServe's servers after receiving notification that CompuServe no longer consented to the use weighed heavily in favor of a finding of trespass. A trio of 1998 cases in the Eastern District of Virginia involving America Online more firmly established the use of the trespass to chattels tort as a spam-fighting tool.
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However, in order to succeed on a claim of trespass to chattels, the plaintiff must demonstrate that the defendant intentionally and without authorization interfered with the plaintiff's possessory interest in the computer system and that the defendant's unauthorized use caused damage to the plaintiff. Not all cases of web spidering brought before the courts have been considered trespass to chattels. One of the first major tests of screen scraping involved American Airlines (AA), and a firm called FareChase. AA successfully obtained an injunction from a Texas trial court, stopping FareChase from selling software that enables users to compare online fares if the software also searches AA's website.
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The North Carolina courts interpreted this statute as creating an offence called "larceny by employee"; an offence that was separate and distinct from common law larceny.N.C. Gen. Stat. § 14–74 provides in part: If any servant or other employee, to whom any money, goods or other chattels, . . .
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Alice Beardwood. Records of the Trial of Walter Langeton, Bishop of Coventry and Lichfield, 1307-1312. (London: University College, 1969). Pages 71, 201, 202, and 258 This debt was to be paid in goods and chattels, but the bishop caused it to be levied from lands and tenements.
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See, e.g. Wawa's website terms and conditions, which forbids users to employ screen scraping programs. In eBay v. Bidder's Edge (2000), eBay successfully used the trespass to chattels tort to prevent Bidder's Edge from employing spiders to cull information about its auctions to display on its own website.
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During the reign of Edward IV of England, there were two cases indicating that there was a remedy for damage done by an intermediate bailee (sub-bailee). In 1473, the weight of opinion of the judges allowed an action for damages due to the use of a sub-bailee. In this case the plaintiff had made a bailment to the defendant to keep goods for him. The defendant's bailee had used and damaged them, This action was thought to be similar to trespass, since the bailees had no right to the use of the chattels, but it was not a trespass since there was no interference with the chattels while they were in the possession of the plaintiff.
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Religious tensions in England during the 16th and 17th centuries resulted in the introduction of serious penalties for witchcraft. Henry VIII's Act of 1542 (33 Hen. VIII c. 8) was the first to define witchcraft as a felony, a crime punishable by death and the forfeiture of goods and chattels.
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On 26 June 1289 John de le Ok, son of Miles de Sweyneston, acknowledged a debt to John Devereux of 11 pounds to be levied in default of payment of his lands and chattels in county Hereford.HC Maxwell Lyte (editor). Calendar of Close Rolls, Edward I, Volume 3, 1288-1296.
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The cause of his death is not known.Prof A W Skempton (Ed) (2002) A Biographical Dictionary of Civil Engineers In Gt Britain, Thomas Telford Publishers, When he died, he left no will, but his wife obtained letters of administration in her favour; and his "goods, chattels and credits" amounted to £2,000.
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The Museum of Sydney explores colonial and contemporary Sydney through objects, pictures, and new digital media techniques. Panoramic views of Sydney-- from 1788 until today-- stretch across walls and video screens. Sydney's convict era is explored in a giant showcase of goods and chattels recovered from more than 25 archaeological digs.
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Absolute bills of sale, which do not represent any form of security whatsoever, are simply documents evidencing assignments, transfers and other assurances of personal chattels, which are substantially no more than mere contracts of sale of goods covered by the common law of contract and the sale of goods law.
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He inherited a sugar plantation on Barbados from his father and resided there from 1821 until 1833, when the British Parliament passed the Slavery Abolition Act and freed the island's slaves. He received financial compensation from the government for the loss of his 'human chattels'; and sold Springhead and his other plantations.
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And there were several battles launched by online service providers against spammers following America Online v. IMS. In the academic community, there were also heated debate on whether courts should apply the century-old doctrine of trespass to chattels to the Internet in order to save online service providers from junk e-mail.
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Personal property is a type of property. In the common law systems personal property may also be called chattels. It is distinguished from real property, or real estate. In the civil law systems personal property is often called movable property or movables - any property that can be moved from one location or another.
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If an individual or organisation can identify harm done to them by spam, and identify who sent it; then they may be able to sue for a legal remedy, e.g. on the basis of trespass to chattels. A number of large civil settlements have been won in this way,e.g. CompuServe Inc. v.
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The Restatement (Second) of Torts § 217 defines trespass to chattels as "intentionally… dispossessing another of the chattel, or using or intermeddling with a chattel in the possession of another." Harm to personal property or diminution of its quality, condition or value as a result of a defendant's use can also result in liability under § 218(b) of the Restatement. Certain specific circumstances may lend themselves to liability for the action. The Restatement (Second) of Torts § 218 states further that: One who commits a trespass to a chattel is subject to liability to the possessor of the chattel if, but only if, The trespass to chattels cause of action, frequently asserted in recent years against Internet advertisers and email spammers, is often included in complaints against spyware companies.
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The common law tort of trespass to chattels has been invoked in the modern context of electronic communications to combat the proliferation of unsolicited bulk email, commonly known as spam. In addition, several companies have successfully used the tort to block certain people, usually competitors, from accessing their servers. Though courts initially endorsed a broad application of this legal theory in the electronic context, more recently other jurists have narrowed its scope. As trespass to chattels is extended further to computer networks, some fear that plaintiffs are using this cause of action to quash fair competition and to deter the exercise of free speech; consequently, critics call for the limitation of the tort to instances where the plaintiff can demonstrate actual damages.
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In December 1923, the future tenth Duke of Manchester assigned his trustees, under clause 14, 'all articles of furniture plate pictures and other chattels' that he would be entitled to after the ninth Duke’s death, and under clause 14(B) the trustees should make an inventory of the chattels, which would be included in the settlement, and hold the residue for the future tenth Duke absolutely. When the ninth Duke died in February 1947 the trustees did not make the inventory, and released them to the tenth Duke. His solicitor knew that this was not following clause 14(B), but said in a letter on 15 November 1948 that he was free to sell the items. The Duke sold some.
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It replaced trespass to chattels to such an extent that the former was rarely seen. In 1756, Lord Mansfield stated in Cooper v Chitty ; : Similar results are seen in other cases from the time.John Williams, Note to Saunders's Reports, Wilbraham v. Snow , The two actions were regarded as alternative remedies for the same wrong.
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Calendar of Patent Rolls, Edward I, 1272 to 1281. (London: Public Record Office, 1901). Volume 1, Page 221 On 2 January 1290 Devereux, John Pychard, and Robert de Hauford acknowledged owing a 7 marks debt to Thomas de Tuberville with collateral being their lands and chattels in Herefordshire, Oxfordshire, and Berkshire.HC Maxwell Lyte (editor).
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In America Online, Inc. v. IMS, the court held that the owner of a marketing company committed trespass to chattels against an Internet service provider's (ISP) computer network by sending 60 million unauthorized email advertisements to the ISP's subscribers after being notified that the spam was unauthorized.America Online, Inc. v. IMS, 24 F. Supp.
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Apart from all the practical issues described above, there is also the constant discussion about legal fixture and chattels and so the legal status of a trailer is or could be affected by its incorporation to the land or not. This sometimes involves such factors as whether or not the wheels have been removed.
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There was also a doctrine of civil outlawry. Civil outlawry did not carry the sentence of capital punishment. It was however imposed on defendants who fled or evaded justice when sued for civil actions like debts or torts. The punishments for civil outlawry were nevertheless harsh, including confiscation of chattels (movable property) left behind by the outlaw.
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According to Matthew Paris, he died on 9 December 1235, and was buried before the high altar at Priory Church in Little Dunmow. Administration of his goods and chattels was granted to his executors on 16 December 1235. He was described by Paris as a "noble baron, illustrious by his birth, and renowned for his martial deeds".
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Therefore, they de facto dispossessed Hahn including her chattels. She later married Nicolaus Herman von Nidrum. On 16 December 1628, after Wallenstein gained the reign in Mecklenburg and the prince-bishopric, Hahn sued Ulrich III in the Ducal Court and Land Tribunal of Mecklenburg. Due to the changing fortunes of war the tribunal never rendered a verdict.
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Such things were more properly called settled chattels. As of 1 January 1997, no further settled land can be created and the remaining pre- existing settlements have a declining importance in English law.Trusts of Land and Appointment of Trustees Act 1996, s.2 An heirloom in the strict sense was made by family custom, not by settlement.
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314 in most jurisdictions, trespass to chattel remains a purely common law remedy, the scope of which varies by jurisdiction. Generally, trespass to chattels possesses three elements: # Lack of consent. The interference with the property must be non- consensual. A claim does not lie if, in acquiring the property, the purchaser consents contractually to certain access by the seller.
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2d 468 (1996) and later to include unsolicited bulk email. In 1998, a federal court in Virginia held that the owner of a marketing company committed trespass to chattels against an Internet service provider's computer network by sending 60 million unauthorized email advertisements after being notified that the spam was unauthorized. In America Online, Inc. v. LCGM, Inc.
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His will met with disapproval, for a grant was made to one J. Glynne of so much as he could recover of goods, chattels, and money, devised by Franklyn for superstitious purposes. A large number of letters addressed by Franklyn to Wolsey, Thomas Cromwell, and others were preserved, in the Public Record Office and the British Museum.
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At Trinity the charge was expanded to include a total of 100 shillings' worth of goods and chattels. However, Alice and her accomplices did not respond to the summons and the 10 shillings already distrained from her was forfeit.Collections for a History of Staffordshire, volume 9, part 1, p. 104. Evidently there were problems in maintaining even a semblance of leadership.
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Most move to Germany and further east, however, after a couple of years, some were readmitted back. ;1255: Henry III of England sells his rights to the Jews (regarded as royal "chattels") to his brother Richard for 5,000 marks. ;1257: The Badge of shame is imposed locally on the Italian Jews. ;1260: Mongols are defeated and Syria is brought under Mamluk rule.
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1,2,3,4 Since the distrainor did not get possession he was not originally liable in trespass, and the spheres of the two forms of action remained distinct. During the fourteenth century, after some vacillation by judges, it was held that the plaintiff could elect which remedy he chose when the chattels had been distrained.Year Book 7 Henry IV, M., pl. 5 at f.
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Of three companions also executed on 26 February 1552, Sir Miles Partridge was hanged, and the other two, Sir Thomas Arundell and Sir Michael Stanhope, were beheaded. Fane's forfeited manor of Penshurst was given the same year to Sir William Sidney, and all the goods and chattels found in Fane's house at Westminster to Sir John Gate, a follower of Northumberland.
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One peculiarity of distraint lay in the fact that the distrainor did not get any form of legal possession. The goods and chattels were considered to be in the custody of the law. As a result, there was no taking of possession by the distrainor that was unlawful, since no possession was technically inferred.Enever, "History of the Law of Distress".
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Since the distrainor did not get possession he was not originally liable in trespass, and the spheres of the two forms of action remained distinct. During the fourteenth century, after some vacillation by judges, it was held that the plaintiff could elect which remedy he chose when the chattels had been distrained.Year Book 7 Henry IV, M., pl. 5 at f.
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In this case, the court held that defendants' unauthorized mailing of unsolicited bulk e-mail constituted a trespass to chattels under Virginia state law. Besides, many of defendant's junk e-mail contained the letters "aol.com" in their headers, thereby creating a false designation. AOL subscribers were deceived into believing that AOL sponsored or approved of defendant’s bulk e-mailing activities.
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Together they had at least one son, Sir Henry Hatsell (1641 - 1714). Hatsell had a business arrangement with Martin Noell and Thomas Alderne, London businessmen, in the transportation of Royalist prisoners involved in the Penruddock uprising. They were shipped to Barbados, where they were sold as goods and chattels for fifteen hundred and fifty pounds of sugar each on 7 May 1656.
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The Act reformed the law relating to security interests in personal property and established the PPSR. The PPSR became operational on 1 May 2002. It replaced a number of existing registers including the Chattels Register, Motor Vehicle Securities Register and the Register of Company Charges. In December 2009, the Australian Personal Property Securities Act 2009 ("the PPS Act") was passed.
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In the latter year, the community's Kiwanis club purchased the property, donated some of the chattels to the local historical society, and sold the remnant at public auction. The club retained the tavern for just eleven years before giving it to the Montgomery city government in 1979.Rose, Mary Lou, ed. The building currently serves as the corporate headquarters of WorkFlex Solutions LLC.
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King Edward, in honour of Alan's services, ordered that all Alan's bona et catalla, goods and chattels, which Edward was entitled to by Scottish custom, be delivered to the Prior of Coldingham - Henry de Horncastre - and to Alan's brother Adam de St Edmund, who was parson of the church of Restalrig.Dowden, Bishops of Scotland, p. 239; Keith, Historical Catalogue, p. 212.
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It defined circumstances in which relief would or would not occur. The terms of surrender were not unconditional. The town was to be returned to English soil and law but the inhabitants were to be allowed to leave, with their goods and chattels, under a safe conduct from Edward III. All members of the garrison would also be given free passage.
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Part of Southampton's Town WallsThe friars granted use of the water to the town in 1310. Between 1327 and 1330, the King and Council received a petition from the people of Southampton. The community of Southampton claimed that Robert Batail of Winchelsea and other men of the Cinque Ports came to Southampton under the pretence that they were a part of Thomas of Lancaster's rebellion against Edward II. The community thought that they were in conspiracy with Hugh le Despenser the Younger. The petition states that, the supposed rebels in the Despenser War 'came to Southampton harbour, and burnt their ships, and their goods, chattels and merchandise which was in them, and carried off other goods, chattels and merchandise of theirs found there, and took some of the ships with them, to a loss to them of £8000 and more.
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The trespass to chattels tort punishes anyone who substantially interferes with the use of another's personal property, or chattels. Plaintiffs must show that the offender had intentional physical contact with the chattel and that the contact caused some substantial interference or damage. The courts that imported this common law doctrine into the digital world reasoned that electrical signals traveling across networks and through proprietary servers may constitute the contact necessary to support a trespass claim. Applying this common law action to computer networks, plaintiffs must first prove that they received some type of electronic communication (typically bulk e-mail or spam) that the defendant intentionally sent to interfere with the plaintiff's interest in his or her property and second that this communication caused a quantifiable harm to their tangible property, such as impaired functioning of the computer, network or server.
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Notable buildings include the Parry Mansion (1784), Bucks County Playhouse, Wilkinson House, Logan Inn (1727), Delaware House (1818), Chattels Lumber Yard Office Building (c. 1845), Cook House (1869), Johnson Store (c. 1871), Northeast Pennsylvania Railroad Station (1891), firehouse (1908), and Cryer Hardware Store (1849). Note: This includes The Northeast Pennsylvania Railroad Station is used as a terminus for the New Hope and Ivyland Railroad.
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One peculiarity of distraint lay in the fact that the distrainor did not get any form of legal possession. The goods and chattels were considered to be in the custody of the law. As a result, there was no taking of possession by the distrainor that was unlawful, since no possession was technically inferred. The action in replevin began to appear in the thirteenth century.
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The commonest mechanism was distraint, also known as distress (districtio), whereby the lord would seize chattels or goods belonging to the tenant, to hold until performance was achieved. This practice had been addressed in the 1267 Statute of Marlborough. Even so, it remained the most common extrajudicial method applied by overlords at the time of Quia Emptores.Pollock and Maitland, History of English Law, Vol 1, pp.
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26, 27Pollack and Maitland. History of English Law, p. 175. The preoccupation of detinue with the two special cases of stray cattle and lost title-deeds persisted, and the general problem of recovering chattels which had neither been stolen or bailed was only solved with a new form of writ. This was invented by adding a novel preamble to be inserted in the writ ostensurus quare.
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5452 Henry III (1267), cc. 1,2,3,4 The mere claim by the distrainor that he had a right to the chattels distrained was a technicality that ended the action in replevin. It was then necessary to re-file using a new writ invented in the early fourteenth century, called the writ de proprietate probanda - a writ "concerning the proof of ownership." H. E. L., III p.
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514, 516 In 1410, both counsel agreed that an action of detinue lay whether the chattel was bailed or whether the defendant found it in the road. The plea simply amounted to an assumption that the chattels had come into the hands of the defendant (devenerunt ad manus), and were wrongfully withheld from the plaintiff.Year Book 11 Henry IV, H., pl. 20, at f.
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In a private letter to Atticus, however, Cicero claimed that Junia was unfaithful to Lepidus, on the grounds that her portrait was seen among the chattels of a debauchee called Publius Vedius (possibly Publius Vedius Pollio), Syme, Ronald (1961). "Who was Vedius Pollio?" Journal of Roman Studies 51(1/2): 23–30. and expresses surprise that her husband and brother took no notice of her conduct.
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In order for a conversion to occur, it used to need to be lost then found by some other person than the owner. In the process, it was possible that the property could be converted.Ayers v. French 1874, 41 Conn. 142 Chattels converted have included a dog,Graham v. Smith, 1897, 100 Ga. 434, moneyState v. Omaha National Bank, 1899, 59 Neb. 483, and tax receipts.
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The house was suppressed by the Crown, in what is known as the Dissolution of the Monasteries, in 1538. The friars seemed to have surrendered the house willingly and an inventory of goods and chattels was taken by Richard Ingworth, Bishop of Dover. By this point the friary was relatively poor, with rents only amount to £1 6s. 8d but with debts of £4.
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Intentional torts involve situations in which the defendant desires or knows to a substantial certainty that his act will cause the plaintiff damage. They include battery, assault, false imprisonment, intentional infliction of emotional distress ("IIED"), trespass to land, trespass to chattels, conversion, invasion of privacy, malicious prosecution, abuse of process, fraud, inducing breach of contract, intentional interference with business relations, and defamation of character (libel/slander).
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Kourosh Kenneth Hamidi was a former Intel employee who sent e-mails criticizing Intel to current Intel employees. Because the messages caused discussion among employees, Intel asserted that these communications constitute trespass to chattels under California law. The trial court agreed and enjoined Hamidi from sending additional e-mails. Hamidi appealed his decision to the Court of Appeal, which affirmed the trial court's decision.
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Property rights are also distinguished from personal rights. Practically all contemporary societies acknowledge this basic ontological and ethical distinction. In the past, groups lacking political power have often been disqualified from the benefits of property. In an extreme form, this has meant that people have become "objects" of property—legally "things" or chattels (see slavery.) More commonly, marginalized groups have been denied legal rights to own property.
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Mallard Cottage was built by the Mallard Family, an Irish-immigrant family of fisherfolk and farmers, who resided in the property from its construction until the early 1980s. Though the date of construction is unclear there is a transaction shown in the Registry of Deeds dating to 1803 showing an exchange of chattels between a William Mallard, fisherman, and Messrs. Cunningham, Bell, and Co of St. John's.
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The Supreme Court held that Hamidi did not bypass any security barriers to communicate with Intel employees, offering to remove any recipient who did not wish to be on the mailing list. While sending the unsolicited e-mails in bulk, they did not at any point cause damage to Intel computers, nor deprive the company use of their computers. Upon reviewing unauthorized computer contact as trespasses to chattels, in California Law, the tort does not and should not apply to electronic communications that neither damage nor impair the function of the recipient computer systems. As the court stated: > Intel's claim fails not because e-mail transmitted through the Internet > enjoys unique immunity, but because the trespass to chattels tort--unlike > the causes of action just mentioned--may not, in California, be proved > without evidence of an injury to the plaintiff's personal property or legal > interest therein. . . .
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Tyrone Guthrie left, in his will: : ...my said dwelling-house, furniture, pictures and chattels and the income of my residuary estate to be used for the purpose of providing a retreat for artists and other like persons ... so as to enable them to do or facilitate them in doing creative work. The gift of the house, in 1971, was accepted by the Irish government, and it opened to guests in 1981.
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He was a captain of horse in the Royalist army from 1642 to 1646. In 1646, he compounded on goods and chattels valued at £240, and was fined £24 on the Exeter articles. He succeeded to Ickworth on the death of his father in 1660. History of Parliament Online - Hervey, John Hervey became J.P. for Suffolk in July 1660 and a commissioner for assessment for Suffolk in August 1660.
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The King, Edward III, was angry at the insult and summoned the bishop to attend the king's court, to account for his actions. The bishop, however, was in Rome at the time but he was convicted in his absence, and all his goods and chattels seized, by the crown. Lenn was translated to the see of Worcester on 11 October 1368 Fryde, et al. Handbook of British Chronology p.
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Much of the chattels had been plundered by the Leaguists since their invasion. The livestock then counted four horses, two cows and one calf, 15 fattening pigs, 25 breeding pigs, five piglets and uncounted geese, ducks and chickens.Georg von Issendorff, Kloster und Amt Himmelpforten. Nach Akten und Urkunden dargestellt, reprint of the edition by "Stader Archiv", 1911/1913, extended by Clemens Förster, Stade and Buxtehude: Krause, 1979, p. 32\.
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Occasionally, the issue of a transporting agent, a bailee who was charged with moving chattels would open the wrapped packages and misappropriate the contents. This was called breaking the bulk. In 1315, an action in detinue was allowed for "breaking the bulk".Year Book, Edward II (Selden Society), xvii, 136 Later, in 1473, breaking the bulk was determined to be a felony, and not an action in pure detinue.
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Trespass to chattels is a tort in which one interferes with someone's personal property in a way that would cause harm. Register invoked this law, claiming that Verio's automated queries were harming its computers. Verio claimed that Register had not shown evidence of any damage or that the access was unauthorized. The Court of Appeals relied on the findings of the lower court in the matter of harm.
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Amalie inherited 7/24 of his estate and, in recognition of twenty years of service, all his movable chattels and two life insurance policies each worth 1,000 Thalers. She systematically sorted through her dead father's correspondence, making some of it available to Martin Faßbender. Most of it she burned, however. It is not known whether Amalie continued to work as a secretary and writer after her father died.
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James Squire – the remarkable life of the father of Australian brewing He then managed a hotel in Heathen Street, Kingston. This hotel was a popular haunt for highway robbers and smugglers. His next attempt at a life of crime was similarly unsuccessful. Squire stole five hens and four cocks and diverse other goods and chattels from John Stacey's yard, just when the British Government needed people for the transported convict program.
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Rodrigues has worked on raising the status of women, often treated as chattels and not educated. Attitudes changed, and girls are sent to school. Rodrigues's resignation as bishop due to his age was accepted by Pope Francis on 16 December 2014; that same day, Pope Francis appointed the Diocese's Vicar General, a Franciscan, Samson Shukardin OFM, VG, as Bishop- elect of the Diocese of Hyderabad.Vatican Press, 16 December 2014.
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Kuprewicz denied the defendant's motion to dismiss for failure to state a claim on the trespass to chattels claim because the plaintiff had alleged actual damage to the functionality of the computer system, which Intel requires; the defendant had sent enough e-mails that it reduced the computer system's functionality and drained the hard drive's memory.School of Visual Arts v. Kuprewicz, 771 N.Y.S.2d 804 (N.Y. Sup. 2003).
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Under the lex mercatoria slaves were treated as chattels, with few if any rights, but the English courts did not always recognise mercantile custom as law. The question arose in English courts because personal actions could be laid in England even if the cause of action arose abroad. In the 18th century, owners in England would advertise their sales of African slaves and also for the return of runaway slaves.
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Grey, suspicious of other marauding Scots forces, sent scouts to look for evidence of them, but kept behind the stout walls of the castle. Ramsay's men burnt the village, and drove off the chattels and beasts. The scouts returned with nothing to report. Incensed at Ramsay's depredations, Grey and Lord Dacre led a force of men-at-arms to pursue the Scots and recover the stolen gear and livestock.
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An armed raid took place in Earl Shilton in 1326. Nicholas de Charnels, at the head of a band of brigands, rode into Earl Shilton intent on plunder (John Lawrence). This party of raiders contained three other knights, the parson of Aylmesthorp (Elmsthorpe), along with their servants and retainers. They burst into the manor house yard and grabbed what they could, eventually riding off with goods and chattels worth £300.
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It was sufficiently successful to have a serious financial effect on the welfare of established church clergy. In 1831, the government compiled lists of defaulters and issued collection orders for the seizure of goods and chattels (mostly stock). Spasmodic violence broke out in various parts of Ireland, particularly in counties Kilkenny, Tipperary and Wexford. The Irish Constabulary, which had been established in 1822, attempted to enforce the orders of seizures.
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Hostage loads in at least the interstate context are illegal under 49 U.S.C. 13905. The FMCSA regulates the moving industry and sometimes takes enforcement action by fining and/or delicensure of offending moving companies. Moving companies that deliberately engage in hostage-loading may also be considered to be engaging in racketeering in violation of the Racketeer Influenced and Corrupt Organizations Act. Disputes between legitimate lienholding of chattels vs.
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Even if the > buyer has had the use and enjoyment of chattels or goods purportedly > supplied under the contract for a limited time, the use and enjoyment of the > chattels or goods has been held not to amount to the receipt of part of the > contractual consideration. Where the buyer is entitled under the contract to > good title and lawful possession but receives only unlawful possession, he > or she does not receive any part of what he or she bargained for. And thus, > it is held, there is a total failure of consideration.Rowland v Divall > [1923] 2 KB 500; Butterworth v Kingsway Motors Ltd (1954) 1 WLR 1286 As this > Court stated in David Securities Pty Ltd v Commonwealth Bank:(1992) 66 ALJR > 768, at p 779; 109 ALR 57, at p 78 > >> "the notion of total failure of consideration now looks to the benefit bargained for by the plaintiff rather than any benefit which might have been received in fact".
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The expansion of the interstate slave trade contributed to the "economic revival of once depressed seaboard states" as demand accelerated the value of slaves who were subject to sale.Kolchin, p. 98. Some traders moved their "chattels" by sea, with Norfolk to New Orleans being the most common route, but most slaves were forced to walk overland. Others were shipped downriver from such markets as Louisville on the Ohio River, and Natchez on the Mississippi.
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In 1856, Mennie v. Blake summarized the law of replevin by stating, "... it seems clear that replevin is not maintainable unless in a case in which there has been first a taking out of the possession of the owner. This stands upon authority and the reason of the thing". The mere claim by the distrainor that he had a right to the chattels distrained was a technicality that ended the action in replevin.
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The Rights of Things, Blackstone's longest volume, deals with property. The vast majority of the text is devoted to real property, this being the most valuable sort in the feudal law upon which the English law of land was founded. Property in chattels was already beginning to overshadow property in land, but its law lacked the complex feudal background of the common law of land, and was not dealt with nearly as extensively by Blackstone.
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" In addition, she is less interested in creating art for sale, but rather to create art which tells stories. Much of Albarracín's work is about women or situations involving women. Her work often depicts women who have been hidden in plain view or who have become the victims of violence. Rosa Martínez writes that the women depicted by Albarracín "have all been used or abused by a system that considers them chattels, consumer goods.
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Even by Bracton's time, lawyers were becoming accustomed to the notion that bailees did not have an absolute liability for chattels bailed to their tending, assuming they used reasonable care or diligence in handling them. In Bracton's text, there was the beginning of the notion that bailee had an action for loss, assuming he had some interest in the chattel beyond mere possession. That must be some kind of responsibility for its care and safety.
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And this cost Compuserve time and money and burdened its equipment. Compuserve received complaints from subscribers and the defendant, Cyber Promotion, did not stop sending message even after it was notified that the bulk e-mails was unauthorized. The court thus held Cyber Promotions liable for trespass to chattels. The United States District Court for the Eastern District of Virginia found that the facts of Compuserve were "strikingly" similar to AOL v. IMS.
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Some were exonerated outright. Only one minor member of the gang, William de Wyborne, was hanged for his crimes; his chattels—worth 40d—were confiscated. FitzWalter was imprisoned for a year, and following his release in June 1352, the King pardoned him. The pardon was a substantial document, and covered murder, robbery, rape, arson, kidnapping, trespass, extortion and incitement, and ranged from thefbote and illegally carrying off other's rabbits to the usurpation of royal justice.
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The British occupational forces provided all the inhabitants of villages to be ceded to the Soviet zone to be evacuated, if they wished so, including all their chattels by vehicles provided by the British forces. All displaced people (usually formerly forced labourers under the prior Nazi rule) in these villages and other eventual foreigners – except of Soviet citizens among them – were obligatorily to be relocated, while Soviet displaced people would have to stay.
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The possible reason why the prisoner pretended to be 'dumb' is because if he could not plead, then he could not be convicted. If he could not be convicted then his goods and chattels could not be confiscated, thus he may have been protecting his family from destitution. At the assizes a man who pretended to be dumb and lame, was indicted for murder and robbery.The Mirror of Literature, Amusement, and Instruction. p.
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That is how it is with the people who in three days gather up > their chattels from the rubble. The coal output of the Ruhr has now dropped > from 420,000 to 300,000 tons a day and is decreasing daily. In June the > output of the South German armaments industry declined sharply for the first > time, because the drop in supplies from the Ruhr is making itself felt. > Furthermore, nothing can be done with these ruins.
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It confirmed permanent peace for all churches and their grounds, the monks, clerks and chattels; all women, pilgrims, merchants and their servants, cattle and horses; and men at work in the fields. For all others peace was required throughout Advent, the season of Lent, and from the beginning of the Rogation days until eight days after Pentecost.Watkin, William Ward. "The Middle Ages: The Approach to the Truce of God", The Rice Institute Pamphlet, Vol.
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Finding and collecting livestock chattels and the associated mayhem created public outrage and proved an increasing strain on police relations. The government suspended collections. One official lamented that "it cost a shilling to collect tuppence"."Coin of Empire" Too Costly for Israelis, Palestinians, and US Taxpayers ( Security Council and Israel/Palestine), By Conn Hallinan, Foreign Policy In Focus, July 9, 2003 King William IV, the last king from the House of Hanover, died in 1837.
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Sir Robert Megarry VC held that the solicitor’s knowledge of clause 14(B) should not be imputed to the tenth Duke so as to affect his conscience. Even if the tenth Duke had known, he probably would not have remembered when he received the chattels. So although the trustees were in breach of their fiduciary duty in 1948, the Duke had received nothing as a constructive trustee. The touchstone of liability is unconscionability.
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Edward granted Bridewell Palace, his lands at the Savoy, and rents and other chattels to create three Royal Hospitals — Bridewell Hospital (now the King Edward's School, Witley, Surrey), St Thomas' Hospital and Christ's Hospital, which was for the education of poor children. The first boys and girls entered the school in Newgate in 1552. The Royal Charter was granted and signed by its founder, Edward VI, the following year. The first treasurer was Richard Grafton.
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Phoebe Doty (died June 9, 1849)Her estate, totaling in an excess of fifty dollars was submitted for administration by James S. Thayer, the New York City Public Administrator. "In the Matter of the Administration of the Goods, Chattels and Credits of Phoebe Doty, deceased," Surrogates' Court of the County of New York, submitted July 19, 1849. Petitions and Accounts, 1803-1888; Author: New York. Surrogate's Court (New York County); Probate Place: New York, New York. Ancestry.
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In other words, the rule of law was beginning to replace that of local force of arms and personal conflict as the resolution of disputes over chattels. The action was in direct succession to the efforts made to regulate self-help, which were the origin of the law of tort. The form of legal recourse was in connection of distress (distractio). This was the practice of taking some chattel from the peasant or underling until some action was performed.
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In property law, fructus naturales are the natural fruits of the land on which they arise, such as the produce from old roots (pasturage) and uncultivated plants (e.g. timber and fruit), and wild game. In many common law legal systems, fructus naturales are considered to be part of the real property, and not separate chattels in relation to any legal conveyance of the property. This term originates from the term fructus naturales used in the Roman law.
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In course of time the natural associations get loosened and intermixed, and this calls forth the elaborate legislation of the later Anglo-Saxon kings. Regulations are issued about the sale of cattle in the presence of witnesses. Enactments about the pursuit of thieves, and the calling in of warrantors to justify sales of chattels, are other expressions of the difficulties attending peaceful intercourse. Personal surety groups appear as a complement of and substitute for more collective responsibility.
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Even when trover was allowed to overlap trespass and replevin, which were concerned with possession, it remained necessary to define conversion, and this extension did not really affect the definition. Conversion became any act on the part of the defendant inconsistent with the plaintiff's right to possession. This right had parts: it had to be (1) absolute and (2) immediate.Kiralfy, 412–3 The medieval conception of wrongs to chattels was based upon a physical interference with possession.
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In other words, the rule of law was beginning to replace that of local force of arms and personal conflict as the resolution of disputes over chattels. The action was in direct succession to the efforts made to regulate self-help, which were the origin of the law of tort. The form of legal recourse was in connection of distress (distractio). This was the practice of taking some chattel from the peasant or underling until some action was performed.
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During the seventeenth and eighteenth centuries the action of trover largely replaced trespass for wrongful distress. Replevin and trover never completely coincided, because there was a limitation on replevin. Replevin remains the modern action, albeit defined by statute, for recovery of chattels pending a decision of the right of possession. It lies only where the possession was taken from the plaintiff, whether under colour of legal process or otherwise, by an act having the nature of a trespass.
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Furthermore, because the trespass law of Virginia was very close to that of Ohio, the court decided to rely on the reasoning of Compuserve. In this case, defendant Melle intentionally sent bulk e-mail messages to AOL's subscribers without authorization. This conduct severely injured AOL's business goodwill and diminished the value of AOL's interest in its network. Therefore, there was no factual disputes as to whether Melle committed a trespass to chattels against AOL's computer network.
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Generally, courts were sympathetic to AOL and other online service providers' effort to fight against spam. They usually found in favor of AOL and other online service providers on their trespass to chattels claim, false designation of origin claim and dilution claim. Courts believed that AOL's efforts to block junk email, including its efforts to obtain a court order against mass e-mailers, were in the public interest. However, AOL's victories over spammers were not so decisive.
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The standard remedy in an action for trespass to chattels is a judgment for an amount equal to the value of loss of use of the property. Damages from a trespass claim are based on the harm caused to the plaintiff, rather than the value of the chattel. Many actions can constitute both conversion and trespass. In these cases, a plaintiff must eventually choose which claim to press based on what damages they seek to recover.
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In England and Wales, it is not possible to defeat a claim under contributory negligence and therefore completely deny the victim compensation. It does however allow for a reduction in damages recoverable to the extent that the court sees fit.. "Law Reform (Contributory Negligence) Act 1945". In England and Wales, it is not a defense to the tort of conversion or trespass to chattels. In the United States, it is not a defense to any intentional tort.
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Property law is characterised by a great deal of historical continuity and technical terminology. The basic distinction in common law systems is between real property (land) and personal property (chattels). Before the mid-19th century, the principles governing the transfer of real property and personal property on an intestacy were quite different. Though this dichotomy does not have the same significance anymore, the distinction is still fundamental because of the essential differences between the two categories.
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Primarily, these critics worry that extending trespass to chattels in this fashion would stifle free speech on the internet because any unwelcome email might constitute a trespass and may subject the sender not only to civil liability under the trespass theory but to criminal liability as well.EFF Amicus Brief in Intel v. Hamidi at 6. This would presumably reduce people's willingness to communicate freely on the Internet and curtail the Internet's ability to function as an open, democratic forum.
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Id. Particularly in situations where the electronic communication is an email that contains speech that is of importance to the public and the communications do not hamper the functionality of the recipient's computer system, First Amendment free speech protections ought to outweigh the property right in the unharmed computer system.Id. at 28-29. Similarly, critics have also expressed concerns that plaintiffs have employed the doctrine to stifle legitimate competition.EFF, EFF Analysis of Trespass to Chattels Legal Theory .
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The synonyms remainderer, remainderperson, and remainor may be found in legal dictionaries, but are rarely used in practice. A female person in the position of a remainderman is also termed a remainderman. For instance in a will chattels are left to one person, who can then offer it to a second person, who can then offer it to a third person who can then it offer to the last person who is referred to as "the remainderman".
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Thomas Hudson (1701–79). Berger Collection, Denver Art Museum; sold in 1996 by the Radcliffe Chattels Settlement In 1741Pevsner, p.889 the estate was purchased by Walter I Radcliffe (1693–1752) of Franklin, Devon, baptised at St Thomas's near Exeter, whose wife Admonition Bastard (born 1701) (4th daughter of William Bastard (1667–1704) of Gerston, East Alvington, Devon, by his wife Anne Pollexfen, daughter and heiress of Edmund Pollexfen of Kitley, Yealmpton, DevonVivian, p.50, pedigree of Bastard; p.
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In October 1999, BE learned that other auction aggregations sites were including information about eBay auctions. On November 2, 1999, BE issued a press release indicating that it had resumed including eBay auction listings on its site. On November 9, 1999, eBay sent BE a letter reasserting that BE's activities were unauthorized, insisting that BE cease accessing the eBay site, alleging that BE's activities constituted a trespass of eBay's chattels and offering to license BE's activities.
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U.S. courts have acknowledged that users of "scrapers" or "robots" may be held liable for committing trespass to chattels, which involves a computer system itself being considered personal property upon which the user of a scraper is trespassing. The best known of these cases, eBay v. Bidder's Edge, resulted in an injunction ordering Bidder's Edge to stop accessing, collecting, and indexing auctions from the eBay web site. This case involved automatic placing of bids, known as auction sniping.
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Other aspects distinguished redemptioner system from its indentured counterparts as well. Among these points of contrast, the "most remarkable difference between the two," as Abbot Smith noted, "was…that the redemptionist system applied generally to people who emigrated in whole families, bringing their goods and chattels with them and seeking a new home."Smith, Colonists in Bondage, 22 Certain merchants preferred this arrangement because it diffused the risks and losses stemming from mortality rates during the passage.
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In 1515 Glasgow's Bishop's Castle was rifled by John Mure, Laird of Caldwell during the earliest days of what was to become the Scottish Reformation. The laird besieged with artillery and took the castle, he then made off with the bishop's principal goods and chattels as fair and legitimate booty. James V was a child still and the Duke of Albany was the regent. He was made to answer to the Lords of Council, found guilty and was forced to pay reparation.
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Rebecca Cutlack was visiting at the time, and they robbed her and removed property worth between £100 and £200 (£–£). At about 11 pm, the rioters arrived at the house of the Reverend John Vachell, who, after threatening to shoot anyone who entered his house, was disarmed when three men rushed him. He fled on foot with his wife and two daughters towards Ely. After Vachell had left, the rioters destroyed his goods and chattels and stole some of his silverware.
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Cases of lost cattle had their own law, and never fit into the forms of trover. Detinue against the finder of a charter seems to have found its way into the common law by 1389.Year Book 13 Richard II, (Ames Foundation), p. 56. Charters, like stray cattle, had their own law with peculiar features, and these actions dealt primarily with executors who withheld the heir's title deeds which came into their hands (devenerunt ad manus) with the ancestor's chattels.
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The Barbados Slave Code of 1661 was a law passed by the colonial EnglishMichael Grossberg, Christopher Tomlins (eds), The Cambridge History of Law in America, Volume 1. Cambridge University Press, p. 260. legislature to provide a legal basis for slavery in the Caribbean island of Barbados. The code's preamble, which stated that the law's purpose was to "protect them [slaves] as we do men's other goods and Chattels", established that black slaves would be treated as chattel property in the island's court.
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Maury was aware of an 1853 survey of the Amazon region conducted by the Navy by Lt. William Lewis Herndon. The 1853 expedition aimed to map the area for trade so American traders could go "with their goods and chattels [including enslaved people] to settle and to trade goods from South American countries along the river highways of the Amazon valley". Brazil maintained legal enslavement but had legally prohibited importation of new slaves from Africa in 1850 under the pressure of the British.
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Segrè had turned down the offer — he already had a good job at the University of California — but recommended Pontecorvo. On 2 June 1940, he saw Marianne and Gil off with their chattels on a train to Toulouse, where his sister Giuliana lived with her husband, Duccio Tabet. On 13 June, just a day before the Germans entered Paris, Pontecorvo, his brother Gillo, cousin Emilio Sereni and Salvador Luria set out for Toulouse on bicycles. It took them ten days to reach Toulouse.
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Trespass to chattels typically applies to tangible property and allows owners of such property to seek relief when a third party intentionally interferes or intermeddles in the owner's possession of his personal property.Ledgerwood, p. 847 "Interference" is often interpreted as the "taking" or "destroying" of goods, but can be as minor as "touching" or "moving" them in the right circumstances. In Kirk v Gregory,[1876] 1 Ex D 55 the defendant moved jewelry from one room to another, where it was stolen.
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If a plaintiff was successful before the court, the plaintiff could obtain a warrant of execution against the defendant's goods and chattels (called fieri facias). This in effect allowed the Provost Marshal to seize the defendant's goods and sell them, subsequently paying the proceeds to the plaintiff. Alternatively, the defendant could be imprisoned until the debt and costs were satisfied. As in English law, the plaintiff was required to maintain the debtor in prison by paying what was called groats.
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As Vice-Deputy, Kildare had under his control most of the Pale fortresses, and large government stores. Dublin Castle alone held out for the King of England. Lord Offaly called the lords of the Pale to the siege of the Castle; those who refused to swear fidelity to him he sent as prisoners to his Maynooth Castle. Goods and chattels belonging to the King's subjects he declared forfeited, and he announced his intention of exiling or putting to death all born in England.
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Byrne, several refs He bequeathed all his estates in Devon, Cornwall and Wiltshire to his wife Frances for her life, "towards her living and advancement", whom he appointed his sole executrix and to whom he left all his goods and chattels. He listed his manors of Trevalga and Femarshall in Cornwall; Whitechapel, Holcombe, Upper Snellard, and lands in the parish of Chudleigh in Devon; and Calston in Wiltshire. These manors and the principal seats of Tehidy, Umberleigh and Heanton Punchardon eventually descended to his male heirs.
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Donaldson LJ held that this was a case of "finders keepers". The defendants could not assert any title to the bracelet based upon the rights of an occupier over chattels attached to a building. Here, the bracelet was lying loose on the floor. There was no sufficient manifestation of any intention of the defendant to exercise control over lost property before it was found which would otherwise give the defendants a right superior to that of the plaintiff or indeed any right over the bracelet.
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The reason behind it is that the forced party will often perform below the party's regular standard, when it is in the party's ability to do so. Monetary damages are usually given instead. Traditionally, equity would only grant specific performance with respect to contracts involving chattels where the goods were unique in character, such as art, heirlooms, and the like. The rationale behind this was that with goods being fungible, the aggrieved party had an adequate remedy in damages for the other party's non-performance.
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The judge further ruled that Tickets.com was not legally obligated to abide by Ticketmaster's terms and conditions because they were not "open and obvious and in fact hard to miss". The terms and conditions were located at the homepage's bottom and viewers did not have to assent to them to access the website. Regarding the trespass to chattels claim, his decision noted that "it is hard to see how entering a publicly available Web site could be called a trespass, since all are invited to enter".
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In 1997 a group of Alumni investors purchased the remaining chattels and memorabilia. This was complemented by storage space being granted at the local community city hall by then mayor and past archivist, Steve Peters. The archives were stored safely in the City hall until Steve Peters took provincial office, upon which the archives were moved to a temporary home. In 2002 The alumnae decided to move the archives to a more permanent home at The Elgin County Museum, located just outside St Thomas.
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With regards to the Mummagraphics' tort claim asserting that Cruise.com's emails amounted to trespass to chattels under the Oklahoma state law, the court held that the district court correctly granted summary judgment on this claim because Mummagraphics' had not offered evidence that the Cruise.com emails caused Mummagraphics more than nominal damages. The Court explained that trespass to chattel is a common tort that may be committed by intentionally (a) dispossessing another of the chattel, or (b) using or intermeddling with a chattel in possession of another.
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There is some dispute as to whether Jameston was occupied before Norman times. Jameston in the 11th century was a manor, part of the large estate of Manorbier, and was granted to Odo de Barri, the grandfather of Giraldus Cambrensis, for services relating to the Norman conquest. Jameston was recorded as “apud Sanctu Jacob” in 1295 and in 1331 as “Saint Jameston”. An Originalia Roll of 1330 mention several citizens of Jameston (described as a “township”) whose chattels are valued. They are all described as “fugitive”.
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An obvious example is the fact that land is immovable, and thus the rules that govern its use must differ. A further reason for the distinction is that legislation is often drafted employing the traditional terminology. The division of land and chattels has been criticised as being not satisfactory as a basis for categorising the principles of property law since it concentrates attention not on the proprietary interests themselves but on the objects of those interests.Felix Cohen, "Dialogue on Private Property" (1954) Rutgers LR 357.
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For example, the screen- scraping cases indicate that courts might interpret trespass to chattels in such a way that allows major corporations to prevent price comparison sites from employing harmless bots to aggregate information that users want in a readily accessible format since it might encourage consumers to look elsewhere.Law Professors' Amicus Brief in eBay v. Bidder's Edge at 14. Critics of the theory's extension to computer networks also note greater theoretical problems with the applicability of a real property theory to intellectual property.
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United States Colored Troop, enlisted African-American soldier reading at 8 Whitehall Street, Slave trader's business in Atlanta, Georgia, Fall 1864. Some traders moved their "chattels" by sea, with Norfolk to New Orleans being the most common route, but most slaves were forced to walk overland. Others were shipped downriver from such markets as Louisville on the Ohio River, and Natchez on the Mississippi. Traders created regular migration routes served by a network of slave pens, yards, and warehouses needed as temporary housing for the slaves.
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Broadly, Bhutanese law divides property into three types: movable (chattels), immovable (real property), and intellectual. Additionally, Bhutan has codified legislation on specific subtypes of property, such as livestock, and on general property-related transactions, such as security interests. Bhutanese hypothecs, loans, and pledges of movable and immovable property, including mortgages and secured transactions, are governed according to the Moveable and Immovable Property Act of 1999 and Land Act of 2007. These types of security interest are generally the purview of the Royal Court of Justice.
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She left £500 each to Cornelia Cracknell and Florence Collins of The School of Gardening, Clapham, Worthing. On her brother's Cecil's death, she left the portrait of her by N. Fulcher to College Hall. After some minor legacies of chattels and possessions, the residue of her estate was left two-thirds on trust to her brother and one-third to Mrs (later Dame) Eversley Chaning Robinson and then on to College Hall."Bequest to Bootham School", The Yorkshire Post, 24 August 1933, p. 5.
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School of Visual Arts v. Diane Kuprewicz, 771 N.Y.S.2d 804 (2003), is a New York Supreme Court case in which it was held that sending and/or directing "large volumes of unsolicited job applications and pornographic e-mails" by defendant to plaintiff if it depletes hard disk space, drains processing power, and negatively impact other system resources of the plaintiff is sufficient to establish "a cause of action for trespass to chattels."School of Visual Arts v. Kuprewicz 771 N.Y.S.2d 804 (2003).
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The court said that eBay's trespass to chattels claim required it to show that: # Bidder's Edge intentionally and without authorization interfered with eBay's possessory interest in the computer system; and # Bidder's Edge's unauthorized use proximately resulted in damage to eBay. eBay argued that BE's use was unauthorized and intentional. The court said that eBay had not permitted BE's activity simply by having a website available over the Internet. BE had violated eBay's terms of use and ignored eBay's requests to stop using its crawlers.
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In England, the Magna Carta 1215 clause 9 set out rules that people's land would not be seized if they had chattels or money to repay debts.Magna Carta 1215 cl 9, "Neither we nor our bailiffs shall seize any land or rent for any debt, so long as the chattels of the debtor are sufficient to repay the debt; nor shall the sureties of the debtor be distrained so long as the principal debtor is able to satisfy the debt; and if the principal debtor shall fail to pay the debt, having nothing wherewith to pay it, then the sureties shall answer for the debt; and let them have the lands and rents of the debtor, if they desire them, until they are indemnified for the debt which they have paid for him, unless the principal debtor can show proof that he is discharged thereof as against the said sureties" The Bankruptcy Act 1542 introduced the modern principle of pari passu (i.e. proportional) distribution of losses among creditors. However, the 1542 Act still reflected the ancient notion that people who could not pay their debts were criminals, and required debtors to be imprisoned.
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The first of such being the Bills of Sale Act 1854 which was repealed and re-enacted by the Bills of Sale Act 1878 which was almost on all fours with the 1854 act. Further developments led to the enactment of the Bills of Sale Act 1882. A bill of sale has been defined as a legal document made by the seller to a purchaser, reporting that on a specific date at a specific locality and for a particular sum of money or other value received, the seller sold to the purchaser a specific item of personal property, or parcel of real property of which he had lawful possession . The Black’s Law Dictionary on its part defines a bill of sale as “an instrument for the conveyance of title to personal property, absolutely or by way of security”. According to Omotola the bill of sale is “a form of legal mortgage of chattels”. Bullen and Leake and Jacobs define a bill of sale as “a document transferring a proprietary interest in personal chattels from one individual (the “grantor”) to another (the “grantee”), without possession being delivered to the grantee”.
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Of that, however, there appears to have been no doubt from the first. His successor, Sir Robert Bowes, was nominated as early as 10 May. Beaumont formally surrendered his office, and admitted his defalcations on 28 May, and by the same document assigned all his manors, lands, goods and chattels, with the issues and profits of the same, to the king in satisfaction of his claims. On 4 June he acknowledged a fine of his lands, which were entailed upon himself and his wife, and signed a covenant to surrender his goods.
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Michael Burden, FAHA, (born 14 March 1960, in Adelaide, South Australia) is an Australian musicologist, working in the United Kingdom. He was elected a Corresponding Fellow of the Australian Academy of the Humanities in 2018. He is currently Fellow in Music, Dean and Chattels Fellow at New College, Oxford; he is also director of New Chamber Opera, and Professor of Opera Studies in the Faculty of Music, University of Oxford. He served as Chair of the Board of the University of Oxford's music faculty from 2015 to 2018.
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The watchmaker died after one > year. No part of the premium could be recovered. That was because there was > not a total failure of consideration.See also Hunt v Silk (1804) 5 East 449 > (102 ER 1142) A qualification to this general rule, more apparent than real, > has been introduced in the case of contracts where a seller is bound to vest > title to chattels or goods in a buyer and the buyer seeks to recover the > price paid when it turns out that title has not been passed.
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Besides this, the king had found other sources from which to obtain loans. Italian merchants, "pope's usurers" as they were called, supplied him with money, at times on the security of the Jewry. By the contraction of the area in which Jews were permitted to exercise their money-lending activity their means of profit were lessened, while the king by his continuous exactions prevented the automatic growth of interest. By the middle of the 13th century the Jews of England, like those of the Continent, had become chattels of the king.
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In 1305 John le Poer, baron of Doneyl in Waterford, and Sibyl's son by her first marriage, was found owing Henry £200. The sheriff of Waterford was commanded by the king to levy £50 of the lands and chattels of John le Poer of the £200. Through her brother he also came to hold 1/6 of the manor of Luton, Bedfordshire which Walter had exchanged for portions of the manors of Eltham, Woolwich and Mottingham. When Sybil died these Mandeville estates passed to her son by her first marriage.
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It was doubtful whether detinue lay where, after bailment, a third party had destroyed the chattel bailed. This could be encountered when ships were lost at sea, or chattels being moved by wagon were destroyed by acts of nature and the like. Other cases might involve the finding or bailment of clothing which were destroyed while in the possession of a bailee. The case of a horse bailed to a smith, who bailed it to another smith who damaged, or killed the horse was encountered with some frequency.
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One of the oldest actions in the royal courts was replevin which had its roots in the law of customary courts. Strictly speaking, replevin in its original form was a provisional remedy. Its provision was to procure for the plaintiff the return of chattels taken out of his possession until the right to their possession could be decided by a court of law. No doubt, it was designed to avoid quarrels likely to cause a breach of the peace pending a settlement of the dispute about the right to possession.
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The writ was available for a creditor against a surety on the default of the principal debtor. Glanvill speaks of debt and its writ as being a retrieval of "debt that is due", or detinue. Later, and by the time of Bracton, detinue had been more or less separated from primary actions in debt, Detinue had come to be restricted to actions against bailees. After Bracton, the special situation of de bonis asportatis, the taking of chattels by a bailee or theft of these from a bailee gave rise to the special situation of trover.
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Governor Figueroa issued a regulation () on August 9, 1834, outlining the requirements for the distribution of property (land, cattle, and equipment) to each mission’s neophytes.Smilie p. 50 Among the provisions were that "5. To each head of a family and to all over 20 years old, will be given from the Mission lands a lot not over 400 nor less than 100 varas square" (28 to 7 acres), plus "6....pro rata...one-half of the livestock" and "7.... half or less of the existing chattels, tools, and seed".
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Transferred intent is the legal principle that intent can be transferred from one victim or tort to another. [1] In tort law, there are generally five areas in which transferred intent is applicable: battery, assault, false imprisonment, trespass to land, and trespass to chattels. Generally, any intent to cause any one of these five torts which results in the completion of any of the five tortious acts will be considered an intentional act, even if the actual target of the tort is one other than the intended target of the original tort.
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205 When, however, he asked the rest of the country to pay a tithe for the Crusade against Saladin in 1188, he demanded a quarter of all Jewish chattels. The so- called "Saladin tithe" was reckoned at £70,000, the quarter at £60,000. In other words, the value of the personal property of Jews was regarded as one- fourth that of the whole country. It is improbable, however, that the whole amount was paid at once, as for many years after the imposition of the tallage, arrears were demanded from the recalcitrant Jews.
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Constructive possession is a legal fiction to describe a situation in which an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as a person with actual possession. For example, if one's car is sitting in one's driveway, one has physical possession of the car. However, any person with the key has constructive possession, as they may take physical possession at any time without further consent from one.
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Constructive possession is an important concept in both the criminal law regarding theft and embezzlement, and the civil law regarding possession of land and chattels. For example, if someone steals your credit card number, the actual credit card never leaves your actual possession, but the person who has stolen the number does have constructive possession, and could most likely be charged with theft of your credit card information. Constructive possession is also an important concept in cases of seizure of goods by private or government authorities. Take, for example, a large piece of equipment.
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Foreigners (alltudau, or exiles) such as Engelard, with no place in the community guaranteed by family ties, may enter a form of indentured servitude. Unlike villeinage as in England, this may be terminated by the servant dividing his chattels with the master who gave him the opportunity of owning them. In that century, Wales included several principalities. Gwynedd covered most of the north part of Wales, ruled by Owain Gwynedd, a wise ruler with an eye to keeping the peace with England while enlarging and securing his principality.
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In England motions for summary judgments were used only in cases of liquidated claims, there followed a steady enlargement of the scope of the remedy until it was used in actions to recover land or chattels and in all other actions at law, for liquidated or unliquidated claims, except for a few designated torts and breach of promise of marriage. English Rules Under the Judicature Act (The Annual Practice, 1937) O. 3, r. 6; Orders 14, 14A, and 15; see also O. 32, r. 6, authorizing an application for judgment at any time upon admissions.
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The effect of this case was that an action for trespass to the person can now only be brought for intentional torts, such as assault, battery, false imprisonment, trespass to land or chattels, etc. A claimant wishing to recover damages to his person or property that were caused by the defendant's negligent action must prove all the elements of the tort of negligence. However the decision did not affect actions for trespass to goods. Conversion is still a strict liability tort under English law, and recover does not depend upon establishing negligence.
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Adams on the basis that the officials' actions resulted in conversion and trespass to chattels. The trial court dismissed the case, which subsequently led to the case being heard by the Arkansas Supreme Court, which by unanimous decision had upheld the school district's policy and the lower court's decision to allow such confiscation and that no violation of state or federal policy occurred. As school districts around the United States have similar policies regarding students' cell phone use in classrooms, this legal decision has been widely discussed in the education community.
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In Illinois, whoever by any false representation or writing signed by him, of his own respectability, wealth or mercantile correspondence or connections, obtain; credit and thereby defrauds any person of money, goods, chattels or any valuable thing, or who procures another to make a false report of his honesty, wealth, &c.;, shall return the money, goods, &c.;, and be fined and imprisoned for a term not exceeding one year.720 Ill. Comp. Stat. § 5/17-1 Obtaining money or property by bogus cheques, the confidence game,Dorr v.
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A private Act of Parliament in 16971697 (9 Will. 3). chapter 19 Confirming and establishing the administration of Sir William Godolphin's goods and chattels. modified the wills of Sir William Godolphin (1634–96) in favour of his nephew Francis and niece Elizabeth and devoting £1,520 to charity. In 1703 this fund was used to purchase land west of St James's, Piccadilly, for education and other charitable purposes and, independently, in 1707 Elizabeth founded the Godolphin School, Salisbury, from her own resources. In 1856 the Godolphin School for boys was opened in Great Church Lane, Hammersmith.
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Since the early spam cases, courts have extended the electronic trespass to chattels theory even further to encompass screen-scraping and other data "harvesting." Screen-scraping is the practice of taking information from another website, generally through the use of search agent software, and "harvesting" the data for one's own commercial use. For example, travel websites frequently use this tactic to offer a host of options and prices gleaned from various airlines' sites. Because the courts have entertained such litigation, some companies have specifically banned the conduct in their terms and conditions statements.
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Mummagraphics, Inc. also followed Intel, although this resulted in granting a motion for summary judgment for the defendant because the plaintiff did not allege any actual damage on its computer system.Omega World Travel v. Mummagraphics, Inc., 469 F.3d 348 (4th. Cir. 2006). The court clarified that Oklahoma courts have yet to recognize the validity of a trespass to chattels claim based on an electronic intrusion to a computer system, but if it were to recognize it, the plaintiff would need to allege more than nominal damages, which in this case it had not.
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Around 1230 Roger Rokulf, lord of Church Lench, made several grants to Halesowen Abbey: a virgate of land with its messuage; seven perches of meadow on the way to Aceton (possibly Atch Lench to the south east); a man called Luke, with his chattels, messuage, garden and three selions of land at Church Lench. In 1272–3 the abbot of Halesowen conveyed for life a messuage and 3 carucates of land in Church Lench and a carucate of land in Ab Lench to Ralph de Hengham, who later became chief justice of the Common Pleas.
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Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment.Underhill and Pease, p. 250 Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery";Johnson v.
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Over the course of the entire war, this source of revenue contributed only 0.2% of total wartime expenditure. Another potential source of finance could be found in the property and physical capital owned by Northerners in the South, and the debts owed by individuals in a parallel manner. The Sequestration Act of 1861 provided for confiscation of all Union "lands, tenements, goods and chattels, right and credits" and the transfer of debt obligation on the part of Confederate citizens from Northern creditors directly to the Confederate government. However, many Southerners proved unwilling to transfer their debt obligations.
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Exton also received the settlement of debts owed him by Brembre, and unpaid since the latter's execution. This amounted to the relatively large sum of £450—by far the majority of Brembre's debts to other merchants were generally no more than a little over £100 and often in single figures. He also received a Spanish sword from the King and was granted permission to buy many of Brembre's personal goods and chattels. In 1392, however, he once again, with other leading London citizens, incurred the King's anger during Richard's "quarrel with the city," and was temporarily disgraced.
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The residue of his estate was to go to his wife. However at the administration of the will in 1798, Timothy Stevens, a bookseller of Cirencester and one of the original subscribers to the History of Somerset, came forward as a creditor and was granted all of Collinson's goods and chattels. By 1798 Collinson's widow, Harriot, had married John Francis Hamm of Little Chelsea, Middlesex, who was the chief legatee of his uncle John Manning, a wealthy West Indies merchant.Vere Langford Oliver, Caribbeana, London, 1910, vol 1 Harriot died at St Anne's Place, Cambridge Heath, London, on 21 December 1846.
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Historians know little about Stewart's life between 1818 and 1822, except that he returned to Ireland upon receiving his grandfather's inheritance of value between US$5,000 and $10,000. The will pertaining to Stewart stated: :I bequeath to my dear grandson ALEXANDER all the rest of my property, houses, and land, with the appurtenances thereto, stock, crop, and chattels of every kind. The money arising from the sale of the property devised to him to be subject to the payment by my said grandson ALEXANDER T. STEWART of an annuity to his grandmother, MARTHA STEWART, of three guineas a year during her life.Elias, 6.
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Protector of Aborigines George Clark in "Notes on Early Life in New Zealand", cited by Waitangi Tribunal Report on the Wellington District, page 52. In November 1839 Barrett arrived in Taranaki on the Tory to negotiate the purchase of land from his wife's iwi, remaining there while Wakefield continued north to Kaipara. On February 15, 1840 he translated Deeds of Sale and obtained 72 signatures to formalise the purchase of a vast area of Taranaki, extending from Mokau to Cape Egmont and inland to the upper reaches of the Whanganui River. Payment was made with guns, blankets and other chattels.
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When, however, he asked the rest of the country to pay a tithe for the crusade against Saladin in 1186, he demanded a quarter of the Jewish chattels. The tithe was reckoned at £70,000, the quarter at £60,000. It is improbable, however, that the whole amount was paid at once, as for many years after the imposition of the tallage arrears were demanded from the Jews. The king had probably been led to make this large demand upon English Jewry by the surprising windfall which came to his treasury at the death of Aaron of Lincoln.
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To get around this, the courts have developed exceptions to this rule for situations when the settlor has done "all that he could do", the trustees or beneficiaries have acquired the property in a different way, or where the gift was made donatio mortis causa. Formality refers to the specific language or forms used when transferring property. For chattels, no formal language or documentation is needed, unless it is made as a will. For land, the transfer must be drafted in line with the Law of Property Act 1925 and the Law of Property (Miscellaneous Provisions) Act 1989.
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The trust must then be formally constituted, by the transfer of its property to the trustees. For chattels, merely handing the property to the trustees is sufficient, assuming it comes with the relevant intention to create a trust. In some circumstances, providing the intention and telling the trustees where to find the property is sufficient, as in Thomas v Times Books.[1966] 2 All ER 241 Where the property is land or an equitable interest in land, it must be transferred by writing in accordance with Sections 52-3 of the Law of Property Act 1925.
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Trover is the name of the action which lay, at common law, for the recovery of damages for the conversion of personal property in his possession, usually involving chattels held in bailment. Although the old forms of action have been abolished or disappeared under modern civil procedure in the United States, the common law action for conversion still exists in fact, if not in form. (Extensive case law is reviewed.) 18 Am. Jur. 2d Conversion § 1 A person who purchases personal property from one not authorized to sell the chattel may be held liable for the conversion of the article.
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As the buildings were moveable they were legally regarded as chattels. In 1855 during the Crimean War, after Florence Nightingale wrote a letter to The Times, Isambard Kingdom Brunel was commissioned to design a prefabricated modular hospital. In five months he designed the Renkioi Hospital: a 1,000 patient hospital, with innovations in sanitation, ventilation and a flushing toilet.Renkioi: Brunel's Forgotten Crimean War Hospital by Christopher Silver Fabricator William Eassie constructed the required 16 units in Gloucester Docks, shipped directly to the Dardanelles. Only used from March 1856 to September 1857, it reduced the death rate from 42% to 3.5%.
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The ancient courts at common law developed trespass upon the case as an alternative pleading to causes of action which arose neither from force nor weapons. In modern times, the specific formalities of the distinction between the two have dropped in favor of notice pleading or code pleading and actions for negligence, battery, trespass to chattels, and conversion. The related phrase of contra pacem regis, "against the King's peace", was necessarily not a required element of trespass vi et armis although it was possible for both allegations to appear in a lawsuit when the intentional use of force or weapons breached the peace.
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A case from 1200 directed the verdict against a bailee who claimed chattels in his keeping were stolen during a fire at his property. In the opinion of Bracton, if goods were unlawfully taken from the possession of the bailee, it was he who had the action against the wrongdoer, not the original bailor. The action was appeal of larceny or trespass.Bracton f. 151Pollock and Maitland, vol ii, p. 170 "History of English Law", Cambridge, 1968 Even in the time of Bracton, there was pressure to change this arrangement and allow the bailor to bring an action directly against the third party.
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Thereafter in the same year "George de Dunbar earl of the March of Scotland" petitioned (Parliamentary Petitions, No.961) Henry IV stating that he had lost all his castles, lordships, goods and chattels in Scotland on account of his being his liegeman, and asked the King to "ordain in this parliament that if any conquest is made in the realm of Scotland, the petitioner may have restoration of his castles, &c.;, and also his special protection for all dwelling in the earldom of March who come to his allegiance hereafter". This was endorsed by the King.Bain (1888), vol.
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On the one hand, there were some courts who did not buy the trespass to chattels theory in cyberspace. On the other hand, even if courts ruled in favor of AOL at most times, the problem was that even as some junk emailers were kicked out of the game, others would jump into the business very soon, because there were few barriers to entry. Spammers tended to jump from one network to the next after violating the almost ubiquitous antispam rules. The war between online service providers and spammers will probably continue for quite a while.
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Kehr conjectures that Nicastro was built to replace a town which had been destroyed by the Saracens. For a long time, the Greek Rite was in use at Nicastro. The church in the village below the citadel of Nicastro was built and endowed by the Norman Aumberga, the niece of Robert Guiscard and sister of Count Richard Dapifer, the son of Drago. It became the Cathedral of S. Peter. In 1101, Count Richard the Dapifer transferred to the diocese of Nicastro property and chattels which had belonged to Aumberga in the territory between Agarena and Nicastro.
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He began his career under his relative Hugh of Bath, who died in 1236, leaving his chattels to Henry. Henry started his administrative career as a bailiff for the Honour of Berkhamsted in 1221, succeeding Hugh as Under-Sheriff of Berkshire from 1228 to 1229. This is the last record of his career under Hugh; from then on he was entirely independent. From 1229 to 1232 he served as Under-Sheriff for Hampshire and as High Sheriff of Gloucestershire from 1232 to 1234, a time when the county was the main base for the Marcher Wars of 1233-1234.
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In a further development in the management school at the 1st SS Division Leibstandarte SS Adolf Hitler, Konrad was responsible for the construction and establishment of accommodation for troops and also the acquisition of goods for these troops in Warsaw. In June 1941, Franz Konrad was attached to Hermann Fegelein's cavalry and involved in Operation Barbarossa. In July 1941, he was promoted to the rank of SS-Obersturmführer. In July 1942 he returned to Warsaw and became an administrative manager for the acquisition of Jewish property and chattels in the Warsaw Ghetto where he earned the nickname "the King of the Warsaw Ghetto".
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This is because a victim of conversion should use the legal remedies available as opposed to "self-help" or violence. Deadly force may never be used in the recovery of chattels. The exact measure of compensation due to a plaintiff whose goods have been wrongfully converted may be merely nominal if the wrong is technical and the defendant can return the goods; it may be limited to the actual damage where the goods can be returned, but the wrong is substantial; but in ordinary cases it is the full value to the owner of the goods of which he has been deprived.
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Using factory sirens and alarm bells, the local troops would be mobilised the minute separatist forces were reported or even merely rumoured to have appeared. Panic was apparent as people rushed around trying to move to safety their cattle and other chattels. During the afternoon of 15 November, a group of separatists drove two trucks into the Himberg quarter of Aegidienberg: here they were confronted by around 30 armed quarry workers. Peter Staffel, an 18-year-old blacksmith, was shot dead when he forced the trucks to stop and tried to persuade the occupants to turn back.
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The term Great Wardrobe (magna garderoba) first appears in 1253. The older Wardrobe had, by this time, developed into a sophisticated bureaucratic and financial office, and its staff had less time (or inclination) to be occupied with the day-to-day matters of storekeeping. Nevertheless, storekeeping remained a practical necessity as the Wardrobe, along with the rest of the royal household, continued to travel with the King as part of his Court, accompanied by the goods and chattels for which it was responsible. It clearly made sense for at least some of these items to be kept in a more settled location.
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In 1549, it was further ordered that the walls be repainted and inscribed with passages from the scriptures. In 1555 a charter of the joint monarchs Philip and Mary restored the cathedral's privilegesBernard, 1924: p. 13 and initiated restoration and a late document of Queen Mary's reign, a deed dated 27 April 1558, comprises a release or receipt by Thomas Leverous, the new dean, and the chapter of St Patrick's, of the "goods, chattels, musical instruments, etc.", belonging to the cathedral, and which had been in the possession of the dean and chapter of Christ Church.
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Another sale of Glengallan was proposed for 2 February 1870, but this did not go ahead because Deuchar was declared bankrupt on that date. At a final hearing in April 1870 Deuchar's proven debts were £97,000 with £80,329 owed to Marshall and £15,859 to bankers. The valuation of Glengallan, including all its stock, property and chattels, was £80,000 so Marshall exercised his pre-emptive, and secured, rights as mortgagee and took possession of Glengallan. This included the Deuchar silver plate (much of which had been paid for by Charles in England) and other contents of the household.
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The division of property into real and personal represents the division into immovable and movable incidentally recognized in Roman law and generally adopted since. "Things personal," according to Blackstone, "are goods, money, and all other movables which may attend the owner's person wherever he thinks proper to go" (Comm. ii. 16). This identification of things personal with movables does not express the English law, owing to the anomalous position of chattels real. In England, real property is supposed to be superior in dignity to personal property, which was originally of little importance from a legal point of view.
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Although Bidder's Edge's robots only consumed a small percentage of eBay's computer resources, the court noted that the plaintiff need not demonstrate current substantial interference as conduct which constituted a use of another's property is enough to sustain a trespass to chattels claim. In light of this, the court found that eBay had demonstrated a sufficient likelihood of future injury to warrant granting a permanent injunction: "If the court were to hold otherwise, it would likely encourage other auction aggregators to crawl the eBay site, potentially to the point of denying effective access to eBay's customers." Register.com, Inc. v.
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Examples include false imprisonment, the tort of unlawfully arresting or detaining someone, and defamation (in some jurisdictions split into libel and slander), where false information is broadcast and damages the plaintiff's reputation. Other intentional torts include Battery, Assault, Trespass to Chattels, Intentional Infliction of Emotional Distress, Misrepresentation, and Alienation of Affections. In some cases, the development of tort law has spurred lawmakers to create alternative solutions to disputes. For example, in some areas, workers' compensation laws arose as a legislative response to court rulings restricting the extent to which employees could sue their employers in respect of injuries sustained during employment.
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For a chattel mortgage to be a legal mortgage, it must transfer legal title to the chattel (or chattels) to the secured party (typically the lender) and include an express or implied proviso that the legal title will be transferred back to the debtor upon repayment (known as the equity of redemption). (If the chattel mortgage does not meet the statutory requirements for a legal mortgage it may nevertheless be re-characterised as an equitable mortgage or fixed or floating charge.) Chattel mortgages over certain assets (such as ships and aircraft) are governed by more particular rules.
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In this case the characterization of the home as chattel or realty will depend on how permanently it is attached, such as whether the trailer has a foundation. The characterization of property as a fixture or as chattel is important. In most jurisdictions, the law respecting the registration of security against debt, or proof that money has been lent on the collateral of property, is different for chattels than it is for real property. For example, in the province of Ontario, Canada, mortgages against real property must be registered in the county or region's land titles office.
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However, mortgages against chattels must be registered in the province-wide registry set up under the Personal Property Security Act. In the case of a trailer home, whether it is a fixture or chattel has a bearing on whether a real property mortgage applies to the trailer. For example, most mortgages contain a clause that forbids the borrower from removing or demolishing fixtures on the property, which would lower the value of the security. However, there have been cases where lenders lend money based on the value of the trailer home on the property, where that trailer is later removed from the property.
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In tort common law, the defense of necessity gives the state or an individual a privilege to take or use the property of another. A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land, or conversion. The Latin phrase from common law is necessitas inducit privilegium quod jura privata ("Necessity induces a privilege because of a private right"). A court will grant this privilege to a trespasser when the risk of harm to an individual or society is apparently and reasonably greater than the harm to the property.
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Full copy of Old Melbourne Memories at Internet Archive > Before I arrived and took up my abode on the border of the great Eumeralla > mere, there had been divers quarrels between the old race and the new. > Whether the stockmen and shepherds were to blame—as is always said—or > whether it was simply the ordinary savage desire for the tempting goods and > chattels of the white man, cannot be accurately stated. Anyhow, cattle and > sheep had been lifted and speared; blacks had been shot, as a matter of > course; then, equally so, hut-keepers, shepherds, and stockmen had been done > to death.
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This capacity for fulminations and thunderbolts was sometimes of help to his more non-denominational colleagues, as for example when he agreed to join them for the London Reception Speech of the escaped American slave, Frederick Douglass held at Dr Alexander Fletcher's Finsbury Chapel in May 1846. Called on to provide the 'Reply', on behalf of the assembled dissenting ministers he said, : Frederick Douglass, the 'beast of burden', 'the portion of goods and chattels', the representative of three millions of men, has been raised up! Shall I say the man? If there is a man on earth, he is a man.
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William made his will two days before he died on 16 February 1496/7 and it was proved at the Prerogative Court of Canterbury on 24 October 1497. William directed that his body be buried in the Church of the Greyfriars in London next to the tomb of William Chambleyn. He stipulated bequests to St Michael’s church, Burstow; Greyfriars church; the church and priory of St Elyne, London (presumably St Helen’s Bishopsgate) and to a number of named individuals, with the residue of his chattels to go to his wife Agnes. William's will directed that Agnes should have "the custodye, guyding and rule" of their son John during his minority.
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According to section 11 of the Act, on the division of joint property under the Act, each of the spouses or partners is entitled to share equally in the family home, the family chattels, and any other relationship property. This statement stays true even if one of the spouse deceases by an accident, a long-term illness or even a murder by the other spouse. This section of the law was created in order to give equal rights to the stay-in- home side of the contribution with respect to the financial contribution i.e. childcare. Currently there are no further amendments to protect people from the abusers of the Act.
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The wide- ranging royal enquiry that followed in 1290 found that Thomas Weyland, Chief Justice of the Common Pleas had, among other offences, erased an entry in the plea rolls and substituted a false one, evidently in collusion with a party to the case. Weyland's offences were severe enough that he had his goods and chattels confiscated and he was exiled from the realm. Weyland, three of the four other Justices of the Common Pleas (who did not participate in the fraud but were held responsible for not preventing it), and the Master of the Rolls were heavily fined. The three judges of the Court of King's Bench were also dismissed.
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One of the oldest actions in the royal courts, replevin had its roots in the law of customary courts, and its formal origin can be attributed to Glanvil, Chief Justiciar of England during the reign of Henry II (1154–1189). Strictly speaking, replevin in its original form was a provisional remedy. Its provision was to procure for the plaintiff the return of chattels taken out of his possession until the right to their possession could be decided by a court of law. No doubt, it was designed to avoid quarrels likely to cause a breach of the peace pending a settlement of the dispute about the right to possession.
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The Chieftain killed a goat, made a cross of light wood, lit the four ends on fire, and extinguished the flames with the sacrifice of the goat's blood. The cross was carried to the first village by a messenger who spoke one word; the place to meet. The village would send a messenger with the cross to the next village and relay the same message. Any man between the ages of 16 and 60 able to bear arms who failed to arrive at the appointed tryst in full battle gear met the same fate as the goat and cross - himself slain and his chattels burnt.
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The garden has a great deal > of mud left upon it ... Both English and American astronomical groups visited New Zealand to observe the 1874 transit of Venus, and Carkeek's observatory was mentioned as one facility that might be used, but he did not in the end participate. The partly ruined building still remains, and is New Zealand's oldest surviving observatory. After his death in 1878 his chattels and livestock were auctioned on 17 December of that year, but the auction notice did not mention telescopes or astronomy books. What happened to his "numerous valuable notes and observations", promised to the Wairarapa Standard just weeks before he died, is unknown.
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If a man was accused of a crime and, instead of appearing in court and defending himself from accusations, fled from justice, he was committing serious contempt of court, which was itself a capital crime; so even if he were innocent of the crime he was originally accused of, he was guilty of evading justice. There was also civil outlawry. Civil outlawry did not carry capital punishment with it, and it was imposed on defendants who fled or evaded justice when sued for civil actions such as debts or torts. The punishments for civil outlawry were nevertheless harsh, including confiscation of chattels (movable property) left behind by the outlaw.
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Even today, Konken is the hub of a major Evangelical church community within the deaconry of Kusel, while Catholics belong to the Catholic church community and the Catholic deaconry of Kusel. Since there were formerly many Jews living in the village, Judaism earned itself some importance. In the Duchy of Palatinate-Zweibrücken before the Thirty Years' War, Jews stood under strict surveillance. They were allowed to “…lend usuriously neither a townsman nor a subject something, whether by pledge, or on the strength of jewels or clothes, or chattels or real property, without the authorities’ foreknowledge and approval.” They were once even forbidden the right to represent themselves in court.
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In 2015, URSB was awarded "global recognition for improved service delivery, client satisfaction, innovation and leadership", by Otherways Management Association Club, a France-based organisation. One of the priority areas that URSB is working on is establishing a national registry of movable assets, also known as a "chattels registry", to enable micro, small, and medium businesses to borrow from the formal banking sector, which requires collateral. In February 2016, URSB signed a memorandum of understanding (MoU) with the Directorate of Public Prosecutions and the Uganda Financial Intelligence Authority. The MoU was intended to ease the sharing of information between the three government agencies and reduce government bureaucracy.
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The Assize of Arms of 1181 was a proclamation of King Henry II of England concerning the obligation of all freemen of England to possess and bear arms in the service of king and realm and to swear allegiance to the king, on pain of "vengeance, not merely on their lands or chattels, but on their limbs". The assize stipulated precisely the military equipment that each man should have according to his rank and wealth. The assize effectively revived the old Anglo‐Saxon fyrd duty. The Assize established restrictions on weapon ownership by Jews, terms of inheritance, and prohibition of exports of arms, ships and timber.
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Appointed to the Legislative Council in 1836, the following year he was named to the Court of King's Bench, his brother Alexander McLean taking his Stormont seat. From 1850 to 1856, he served in the Court of Common Pleas with Sir James Buchanan Macaulay and Robert Baldwin Sullivan. In the Extradition case of John Anderson, the fugitive slave, McLean argued that 'in administering the laws of a British province, I can never feel bound to recognize as law any enactment which can convert into chattels a very large number of the human race.' In 1862, he was appointed chief justice of the Court of Queen's Bench for Upper Canada.
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Distraint typically involves the seizure of goods (chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required,"Distress", Britannica CD 2000 the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets (by either seizure or distraint) without a court order.See United States v. Rodgers, 461 U.S. 677, 103 S. Ct. 2132, 83-1 U.S. Tax Cas.
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The Chancery Division hears actions and proceedings, regardless of the amount of the claim, concerning a variety of matters. The division consists two sections: General Chancery Section and the Mortgage Foreclosure/Mechanics Lien Section. The General Chancery Section hears the following types of actions: injunctions, class actions, declaratory judgments, contract matters, creditors' rights, construction of wills and trusts, trusteeships, receiverships, dissolution of partnerships and corporations, statutory and administrative reviews, and vehicle impoundments, among others. The Mortgage Foreclosure/Mechanics Lien Section hears actions concerning the Mechanics Lien Act, liens on chattels for labor or storage, other lien remedies, and all actions and related proceedings initiated under the Illinois Mortgage Foreclosure Law.
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In the middle of the thirteenth century the number of such archae was reduced to twenty-five. Arrears of tallage were continually applied for, and if not paid the Jew's wife and children were often imprisoned as hostages, or he himself was sent to the Tower and his lands and chattels were distrained. The Exchequer of the Jews was one of the means which enabled the kings to bring pressure upon the lesser baronage, who therefore claimed in 1251 the right to elect one of the justices of the Jews. These were at first men of some distinction, like Hugh Bigod, Philip Basset, and Henry de Bath.
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Two of the actors, Gabriel Spenser and Robert Shaw, were also imprisoned. A year later, Jonson was again briefly imprisoned, this time in Newgate Prison, for killing Gabriel Spenser in a duel on 22 September 1598 in Hogsden Fields (today part of Hoxton). Tried on a charge of manslaughter, Jonson pleaded guilty but was released by benefit of clergy, a legal ploy through which he gained leniency by reciting a brief bible verse (the neck-verse), forfeiting his 'goods and chattels' and being branded on his left thumb. While in jail Jonson converted to Catholicism, possibly through the influence of fellow- prisoner Father Thomas Wright, a Jesuit priest.
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A common act of conversion in medieval times involved bolts of cloth that were bailed for safekeeping, which the bailee or a third party took and made clothes for their own use or for sale. Many questions concerning joint ownership in enterprises such as a partnership belong in equity, and do not rise to the level of a conversion. Traditionally, a conversion occurs when some chattel is lost, then found by another who appropriates it to his own use without legal authority to do so. It has also applied in cases where chattels were bailed for safekeeping, then misused or misappropriated by the bailee or a third party.
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Merisms frequently figure in the writing of lawyers, and are a hallmark of legal style. The two parts of the legal merism "Last Will and Testament" at one time referred to two documents, enforced in two separate courts: the will disposed of a decedent's real property while the testament disposed of chattels. It became customary to combine the instruments in a single dispositive document, and the name has continued long after the doctrines that required its use became obsolete in common law. A lawyer who writes a will typically includes a residuary clause that disposes of any property not covered by a prior section.
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In the century after its publication, Stevenson v Pemberton would be cited as precedent for the proposition that chattels consigned or delivered from one party to a second party, in satisfaction of a prior debt owed to the second party, or for the benefit of a third party, becomes the property of the second (or the third party, if there is such) upon such consignment or delivery, and are thus not subject to attachment by creditors of the first party. The last time that it was cited by federal courts was by the United States Supreme Court in Grove v. Brien, 49 U.S. (8 How.) 429 (1850).
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Moreover, in the case of fixtures, chattels which are affixed to or placed on land may become part of the land. Real property is generally sub-classified into: # corporeal hereditaments – tangible real property (land) # incorporeal hereditaments – intangible real property such as an easement of way Although a tenancy involves rights to real property, a leasehold estate is typically considered personal property, being derived from contract law. In the civil law system, the distinction is between movable and immovable property, with movable property roughly corresponding to personal property, while immovable property corresponding to real estate or real property, and the associated rights, and obligations thereon.
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Most legal systems distinguish between different types of property, especially between land (immovable property, estate in land, real estate, real property) and all other forms of property—goods and chattels, movable property or personal property, including the value of legal tender if not the legal tender itself, as the manufacturer rather than the possessor might be the owner. They often distinguish tangible and intangible property. One categorization scheme specifies three species of property: land, improvements (immovable man-made things), and personal property (movable man-made things). In common law, real property (immovable property) is the combination of interests in land and improvements thereto, and personal property is interest in movable property.
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Land is the predominant focus of Western property law, particularly Australian property law. Legal developments in this field outweigh the development of other forms of property law, this is primarily due to the high value of land in comparison to other forms of property, such as chattels. Each state in Australia has a different regime for the regulation and bureaucratisation of land. It is a largely statute-based area of the law but can still be influenced by the common law and principles that originate from Australia's history as a colony of the United Kingdom, where land and estate law developed through the ambit of feudalism.
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The British army helped the ducal family to evacuate their chattels with 30 army trucks, a favour which other unfortunate families, not related to the British royal family, could not enjoy. At uniting the Free State of Brunswick, except of the seized eastern exclaves and salients, and further German states to become Lower Saxony in 1946, the western third of the former Principality or District of Blankenburg, respectively, became part of that state. Until 1 July 1972 it formed a district of its own, named District of Blankenburg (), with the capital in Braunlage. Then - by an administrative redeployment - the western district was divided between the districts of Goslar and Osterode.
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In 1850, Jacobs paid a visit to Nathaniel Parker Willis in New York, wanting to see the now eight- years old Imogen again. Willis's second wife, Cornelia Grinnell Willis, who had not recovered well after the birth of her second child, prevailed upon Jacobs once again to become the nanny of the Willis children. Knowing that this involved a considerable risk for Jacobs, especially since the Fugitive Slave Law of 1850 had made it much easier for slaveholders to reclaim their fugitive "chattels", she gave her word to John S. Jacobs that she would not let his sister fall into the hands of her persecutors.Jean Fagan Yellin: Harriet Jacobs: A Life.
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In July he received a commission of oyer and terminer to deal with serious disorder at Lichfield, where Bishop Richard le Scrope's manorial court had been assaulted and dispersed.Calendar of Patent Rolls, 1385–1389, p. 544. One of those attainted and sentenced to death by the Merciless Parliament was Robert de Vere, Duke of Ireland, who had commanded the royalist forces at Radcot Bridge, but made good his escape abroad immediately after the battle. Ipstones was one of four commissioned on 16 July 1389 to carry out an inquiry into de Vere's forfeited goods and chattels which had been concealed in Shropshire and Staffordshire.
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The Cobb & Co Museum is located in Toowoomba, Queensland, Australia and was originally established to house The Cobb & Co. Collection of W. R. F. BoltonSo designated in the Deed of Gift dated 30 June 1982. consisting of over thirty 19th Century horse-drawn vehicles which he collected and had restored over a period of more than thirty years. This Collection also includes over one hundred artifacts, comprising saddles, machinery, tools, and items of domestic and occupational use.The Inventory of the chattels included in the gift of The Cobb & Co. Collection of W.R. F. Bolton is set out in The Schedule to the Deed of Gift.
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This may be why he sought to limit his ruling territorially. At this time the cases in which the English courts had recognised property in slaves had arisen from purely commercial disputes and did not establish any rights exercisable as against the slaves themselves, if the slave was within the jurisdiction. As with villeins centuries before, the analogy with chattels (as between putative owners) failed to answer the leading question whether slaves could establish their freedom by bringing suit in the courts (as between slave and owner). The writ de homine replegiando was outmoded, and so the usual eighteenth-century question was whether habeas corpus lay to free slaves from captivity.
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An important exception to the usual treatment of fixtures is the category of trade fixtures (often called "chattel" fixtures), chattels installed by a tenant on leased commercial property specifically for their use in a trade or business. These may always be removed by the tenant, so long as any damage to the structure caused by the removal is repaid or repaired. For example, business signage, display counters, store shelves, liquor bars, and machining equipment are often firmly, if not almost permanently, attached to the building or land. However, they remain personal property and can be removed by the tenant, since they are part of the tenant's business.
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The bell frame which suspended the bells remained on the site until 1809. With the dissolution the contents of the property was sold and on I9 January 1541 “A rather large sum of money was realised from the sale of the chattels of the friary—£34.8s,7d compared to the Blackfriars’ sale, £24.13s.8d. By 1541 one bell remained unsold”.Patrick C. Power, History of Waterford, 1990 (Mercier Press) p. 56 It was said to be “So near to the walls and Reginald’s Tower was the friary that it was said that it was very necessary for the strength, defence and convenience of the city”.
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German law ostensibly barred her from succeeding to her brother's lands and electoral dignity, but it was unclear enough for arguments in favour of Elizabeth Charlotte to have a chance of success. Conversely, the princess was clearly entitled to a division of the family's personal property. Louis pressed her claims to land and chattels, hoping the latter, at least, would be given to her. Then, in 1688, Maximilian Henry of Bavaria, Archbishop of Cologne, an ally of France, died. The archbishopric had traditionally been held by the Wittelsbachs of Bavaria, but the Bavarian claimant to replace Maximilian Henry, Prince Joseph Clemens of Bavaria, was at that time not more than 17 years old and not even ordained.
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The federal government is the main source of income for state governments. As a result of state dependence on federal taxation revenue to meet decentralised expenditure responsibilities, Australia is said to have a vertical fiscal imbalance. Besides receipts of funds from the federal government, states and territories have their own taxes, in many cases as slightly different rates. State taxes commonly include payroll tax levied on businesses, a poker-machine tax on businesses that offer gambling services, land tax on people and businesses that own land and most significantly, stamp duty on sales of land (in every state) and other items (chattels in some states, unlisted shares in others, and even sales of contracts in some states).
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The National Trust was founded in 1894 by Octavia Hill, Sir Robert Hunter, and Hardwicke Canon Rawnsley as the first organisation of its type in the world. Its formal purpose is: > The preservation for the benefit of the Nation of lands and tenements > (including buildings) of beauty or historic interest and, as regards lands, > for the preservation of their natural aspect, features and animal and plant > life. Also the preservation of furniture, pictures and chattels of any > description having national and historic or artistic interest. In the early days, the Trust was concerned primarily with protecting open spaces and a variety of threatened buildings; its first property was Alfriston Clergy House and its first nature reserve was Wicken Fen.
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Three days before the celebrated illuminated manuscripts were due to go under the hammer, it was discovered by British Museum lawyers that they, and all the heirlooms and 'chattels' in Lulworth Castle, were actually the property of Mrs Mary Angela Noyes, née Mayne, then wife of the poet Alfred Noyes, and earlier widow of Richard Shireburn Weld-Blundell, the Lulworth heir who had been killed in 1916.Patrick Wright (2002 revision), The Village That Died for England, pp. 114–5. Weld went to court, but his appeal was rejected only a few hours before the sale. The British Museum then purchased both manuscripts from Mrs Noyes with a loan from John Pierpont Morgan.
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While none of the proposals for Leipzig gained any support, a monument for the Wars of Liberation was erected in Berlin in 1821. Designed by Karl Friedrich Schinkel, it was a miniature of a gothic church tower situated on top of the Kreuzberg, bearing the names of twelve battles fought against the French. It's inscription, "From the king to the people who, at his call, nobly sacrificed their blood and chattels to the Fatherland", highlighted the role of the monarch over that of the people. On the first anniversary of the battle, in 1814, a tall wooden cross was placed as a monument in front of a church in one of the burned villages near the city.
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According to Bracton the plaintiff could drop the words felony and merely claim that his chattels were in the possession of the defendant. Holdsworth is of the opinion that the gist of this action was unlawful detention. Holdsworth bases this on a case from Bracton's notebookBracton, Note Book, case 824 in which the plaintiff alleges that "William Nutach in the peace of God and of our Lord the King and of his bailiffs unjustly detains (injuste detinuit) from her three pigs which were lost to her." The action depended upon loss of the chattel, which had come to the hands of a defendant who had refused on demand to give it up.
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He became a victualler for the Royal Navy working with other London merchants to supply Admiral Robert Blake's fleet following the Battle of the Gabbard in 1653. Alderne had a business arrangement with Martin Noell and Henry Hatsell, of Plymouth, in the transportation of Royalist prisoners involved in the Penruddock uprising. They were shipped to Barbados, where they were sold goods and chattels for fifteen hundred and fifty pounds of sugar each on 7 May 1656. Later in July of that year he was appointed to a Committee for managing affairs in Jamaica and the West Indies set up by the English Council of State, alongside Noell, Thomas Povey, Tobias Bridge and others.
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In his separate opinion, Lord Templeman pointed out that an implied licence might be negatived by express language, under principles of freedom of contract, but that was not so when non-derogation instead is involved: "The right cannot be withheld by the manufacturer of the car by contract with the first purchaser and cannot be withheld from any subsequent owner." That is, the nature of property makes the right inherent and not a matter of freedom of contract. This case appears to be the first one extending the non-derogation doctrine from cases involving realty to cases involving personal property (chattels). Lord Templeman seems to have recognized this point in his opinion.
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Lady Aberdeen Lady Aberdeen, president of the International Council of Women arrived at the conference after the delegates had met with the Labour Commission to assist with preparations for the presentation to the League of Nations Commission. She called together a group of women to prepare a resolution to be read to the delegates. The documents they prepared focused on three key areas: civil status, political status, and human rights. Arguing that the civil status of women and children was inadequately addressed in international law, the women's conference delegates expressed concern over civil codes which allowed child marriages; condoned prostituting, trafficking, and the sale of women and children; and treated women as the chattels of their husbands and fathers.
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Aristotle examines the concepts of substance (ousia) and essence (to ti ên einai, "the what it was to be") in his Metaphysics (Book VII), and he concludes that a particular substance is a combination of both matter and form, a philosophical theory called hylomorphism. In Book VIII, he distinguishes the matter of the substance as the substratum, or the stuff of which it is composed. For example, the matter of a house is the bricks, stones, timbers etc., or whatever constitutes the potential house, while the form of the substance is the actual house, namely 'covering for bodies and chattels' or any other differentia that let us define something as a house.
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However, the relationship of bailment in the case of chattels closely resembles the landlord-tenant relationship that can be created in land. Secure land-tenure also recognizes one's legal residential status in urban areas and it is a key characteristic in slums. Slum-dwellers do not have legal title to the land and thus local governments usually marginalize and ignored them. In 2012, the Committee on World Food Security based at the Food and Agriculture Organization (FAO) of the United Nations, endorsed the Voluntary Guidelines on the Responsible Governance of Tenure as the global norm, as the problem of poor and politically marginalized especially likely to suffer from insecure tenure, however, this is merely work in progress.
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96 In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables – any property that can be moved from one location to another. Personal property can be understood in comparison to real estate, immovable property or real property (such as land and buildings). Movable property on land (larger livestock, for example) was not automatically sold with the land, it was "personal" to the owner and moved with the owner. The word cattle is the Old Norman variant of Old French chatel, chattel (derived from Latin capitalis, “of the head”), which was once synonymous with general movable personal property.
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In 1320 Count Henry of Stolberg bought the fortified manor house of Erichsberg, together with other goods and chattels, from Heineke of Hoym and Bertholdus II of Arnswald, known as Geylvus (today Geilfuss/ Geilfuß). The castle had first been mentioned in the 12th century and was probably built to protect a trading route. In order to protect his new possessions, he enfeoffed it, along with Wolfsberg Castle which he had purchased at the same time, in 1325 to the Bishop of Halberstadt. Count Henry of Stolberg left Erichsberg to his cousin, Hermann, who based mercenaries in the houses at Erichsberg that had ravaged Thuringian Land, especially the Counts of Hohnstein from Sondershausen.
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Its application was restricted after the passage of the Natural Resources Acts in 1930, and it was finally repealed in 1950. The Legislative Assembly of Quebec did not expand the scope of the 1860 Province of Canada Act (which modern day Quebec was part of in 1860), but did provide in 1868 that such lands were exempt from seizure, and chattels thereon were also exempt for the first ten years of occupation. Later known as the Settlers Protection Act, it was repealed in 1984. Newfoundland and Labrador provided for free grants of land upon proof of possession for twenty years prior to 1977, with continuous use for agricultural, business or residential purposes during that time.
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The gallery collects, arranges, catalogues, preserves, interprets and exhibits to the members of the regiment and the public, the medals, weapons, maps, implements, devices, and other goods and chattels of historical value and importance connected with the military and social development of Princess Patricia's Canadian Light Infantry (PPCLI) within the context of the Canadian Forces (Land). The goal is to stimulate interest in the history and development of PPCLI within the context of the Canadian Forces. The PPCLI became a Calgary regiment after the Second World War but traces its history to 1914. A memorial consisting of stained glass, book of remembrance, and a wall of honour is dedicated to deceased members of PPCLI.
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For example, a chandelier hung by the tenant may become the property of the landlord. Although this example is trivial, there have been cases where heavy equipment incorporated into a plant has been deemed to have become fixtures even though it was sold as chattels. Because the value of fixtures often exceeds the value of the land they are affixed to, lawsuits to determine whether a particular item is a chattel or a fixture are common. In one case in Canada, a provincial government argued that a huge earth dam was a chattel, as it was only held in place by gravity and not by any type of affixation (the claim was rejected).
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The magistrate at Bow Street Police Court declined to arrest him, due to the failure of the cases against the soldiers, whereupon the imagined prosecutors applied to the Queen's Bench for a writ of mandamus justified by the Criminal Jurisdiction Act 1802 and succeeded. The Queen's Bench grand jury, upon presentation of the case against Eyre, declined to find a true bill of indictment, and Eyre was freed of criminal pursuit. The case went next to the civil courts. Alexander Phillips charged Eyre with six counts of assault and false imprisonment, in addition to conversion of Phillips's "goods and chattels", and the case was eventually brought to the UK Court of Exchequer as Phillips v Eyre (1870) LR 6 QB 1, Exchequer Chamber.
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The area having been over the course of time drained, St. George's Fields, comprised broad open meadows. At the restoration, during Charles II's progress from Dover to London, the Lord Mayor and Aldermen feted the king under a large tent erected in St. George's Fields, where on 29 of May 1660, a great banquet was held prior to the king's entering the City. According to Samuel Pepys and John Evelyn, six years later, St. George's Fields were one of the places of refuge to which the poorer citizens retreated with such of their goods and chattels as they could save from the Great Fire of London. It also became a place much favoured by open-air preachers, who were not allowed to hold forth in London.
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Harcourt Brace. pp. 84–86 The fact that he leaves his wife, Anne, "my second-best bed, with the furniture", while his son-in-law John Hall and the latter's wife, his other daughter Susanna, was left with the rest of his "goods, chattels, leases, plate, jewels, and household stuff whatsoever" has been the source of various speculations. It has been suggested that it indicates an unkindness towards his wife, or instead that Anne may have become an invalid and incapable of administering the estate (about which there is no evidence), or perhaps that the unmentioned 'best bed' was kept for guests or it may have been Shakespeare's death bed. Perhaps the 'second-best' was the matrimonial bed which had special significance.
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She received a lump sum of 40 shillings for her cooperation and an annual pension of £3 6s. 8d. thereafter.Hibbert, p. 228. The other three sisters each received precisely half these amounts: their names are given as Christabell Smyth, Alys Beech and Felix Baggeshaw. These pensions were confirmed by the Court of Augmentations on 1 February 1539.Letters and Papers, Henry VIII, volume 14, part 1, Augmentation Book 211, no. 103b. £3 18s. 2d. was used to pay off the eight servants of the priory, including £1 10s. for William Parker, the chaplain. The goods and chattels were then auctioned off and recorded as bought by Giffard, with a total value of £7 6s. 1d – a very small sum even by the standards of the time.
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Under the Custom of Paris, property was divided into movables (biens meubles: chattels, emblements, debts or 'obligations') and immovables (biens immeubles: land, buildings, fixtures, etc.). In the interest of encouraging trade, movable property could not be mortgaged and was not considered separate property (biens propres), that is, property in severalty external to the marital community unless specified in the marriage contract. Immovables such as land, offices, and rentcharges (rentes constituées) were considered separate property if acquired by one of the spouses prior to the marriage or inherited directly by either spouse. Immovable property purchased during the marriage was considered to be after-acquired property (conquêts) and incorporated into the marital property but would become separate property as soon as the estate went into succession.
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" As a response to the cult of female chastity in Neo-Confucianism which believed "starving to death is a small matter, but losing chastity is a great matter," Lu Xun directly argues against the idea that losing female chastity is the cause of corruption of social morality, questioning the functioning of patriarchal ideology in blaming women for the decline of a nation. "Why should women shoulder the whole responsibility for saving the world?" writes Lu Xun, "According to the old school, women belong to the yin, or negative element. Their place is in the home, as chattels of men. Surely, then, the onus for governing the state and saving the country should rest with the men, who belong to the men.
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The picture is painted with an emphasis on colour and texture; as with many Etty works the female figure is painted in more detail than the rest of the canvas, and it is likely Etty painted Nyssia directly from a life model, completing the rest of the composition later in a studio. Candaules was completed and exhibited at the Royal Academy in 1830. Etty felt that the moral lesson of the story was that women were not the chattels of men and that if men—even their husbands—violated a woman's rights she was within her rights to punish them. However, he made little effort to explain what was, at the time, an unconventional view, instead allowing viewers to form their own judgement of the piece.
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The principle is of ancient origin; as regards goods and chattels it was part of the ancient customs of London and the province of York, and as regards land descending in coparcenary (under which only one heir can claim an inheritance) it was always part of the common law of England under the name of hotchpot. Land which belongs or would belong to a child as heir need not be brought in to the common fund, even though such land was given during the father's life. The widow can gain no advantage from any advancement. No child can be forced to account for his or her advancement, but instead he will be excluded from a share in the intestate's estate.
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The abduction episode of 1152 has been variously interpreted. It seems that Derbforgaill went willingly, and that she took her cattle and chattels with her, all at the persuasion of her younger brother Maeleachlainn. It has been suggested that this was an attempt on the part of her paternal family, the royal family of Meath, to forge a new alliance through marriage, with Diarmait Mac Murchada. Formalising treaties through marriage seems to have been standard practice in twelfth-century Ireland, witness Diarmait Mac Murchada's betrothal of his daughter Aoife to Strongbow, while in 1165 the king of Uladh's daughter was taken hostage by the high king presumably just to prevent her father from using her to cement a new alliance.
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The following is an excerpt from the first page, of the first chapter, on "The Status of the Negro, his Rights and Disabilities", in the Negro Law of South Carolina: SECTION 1. The Act of 1740, sec. I, declares all negroes and Indians, (free Indians in amity with this Government, negroes, mulattoes and mestizoes, who now are free, excepted) to be slaves:— the offspring to follow the condition of the mother; and that such slaves are chattels personal. SEC. 2. Under this provision it has been uniformly held, that color is prima facie evidence, that the party bearing the color of a negro, mulatto or mestizo, is a slave; but the same prima facie result does not follow from the Indian color. SEC. 3.
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Her second husband William de Nevil had already died, in 1337. Her son Richard, who must have been in his 50s, took over running the family estates at Earl Shilton. Richard de Shulton also lived for over seventy years, but by 1361 John de Neld held the manor at Shulton on the death of Henry Grosmont, Earl of Leicester. In September 1365, burglars were at work in Neubold Verdon. Tomas Danyel of Shulton and William Bannebury of Neubold, took away goods and chattels from the home of William Savage, the parson, and ‘dispastured his hurbage with cattle.’ The manor of Earl Shilton was given to John of Gaunt as part of her dowry when he married in 1359 Blanche, younger daughter of Henry Plantagenet, Duke of Lancaster.
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The architectural style and materials of the house, its well known architect, the common use provenance of the furniture, chattels and documents, and the original and uninterrupted occupation and use by a single family make Tulkiyan unique. The place is important in demonstrating the principal characteristics of a class of cultural or natural places/environments in New South Wales. Tulkiyan is of State and local significance as an excellent and intact example of the early domestic work of J. B. Waterhouse designed in the Arts and Crafts style. It is outstanding because of the integrity and condition of the house and its contents which demonstrate the lifestyle and tastes of the upper middle class in suburban Sydney during the early decades of the twentieth century.
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TryonCaptain Benjamin Merrell & The Regulators of Colonial North Carolina; [via "History of the Liberty Baptist Association, by Elder Henry Sheets, Edwards & Broughton of Raleigh, N.C, (1907)"]; TAMU; accessed Aug 2018 The request was granted, although later played down by the Patriots of the Revolution.NOTE:The reply to the plea read: "To JEMIMAH MERRILL AND HER CHILDREN. I, Wm. Tryon, Governor and Captain-General for the Province of North Carolina; To Jemima Merrill and her Children: You are commanded to hold and possess the land and tenements, goods and chattels of the late Benjamin Meriill, hung for high treason till his Majesty's pleasure shall be known and all his tax collectors and receiver shall take due notice thereof. Done at Hillsboro---June, 1771. "Wm.
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And the town of Mag Samradhain (Ballymagauran) was burned by them and they turned back and came not on cattle-spoils or chattels. And the worthies of the country overtook them on that retreat with a very large pursuing party and those nobles turned on the pursuing party and defeated them spiritedly, successfully then and slew three and twenty of the pursuing party in that rout, two sons of Aedh, son of Eogan Mag Samradhain, namely, Tadhg and Maghnus (that is, the cleric). And the other portion of them slain were of the Clann-Imair and of the Clan of Mac-in- taisigh and of the muster of Tellach-Eathach also. And there was slain also by the Fir-Manach in the heat of that rout Flaithbertach, son of Donn, son of Edmond Mag Uidhir.
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To provide for a permanent increase of the haluḳḳah, the Jewish communities of Galilee, early in the seventeenth century, adopted an rabbinic ordinance ("takkanah") invalidating any will not made in the presence of the ַParnas; this had the effect of reminding testators of their duty toward the community of Jerusalem.Lunez, "Jerusalem." ii. 87. Another takkanah was afterward issued which practically amounted to a confiscation, for the benefit of the halukkah, of the chattels, money, and accounts of a deceased Jew who left no resident heirs. There were many evasions, and in several instances the well-to-do, before taking up their residence in the Holy Land, stipulated a certain sum which was to be paid to the community upon their death in place of the fulfilment of the decree.
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Kranich made his will on 7 October 1578. The chief beneficiary was his wife, Agnes, who was to have his house in St Clement's churchyard near Temple Bar, London, and, after payment of his just debts, the proceeds of the sale of his lands and tenements in Holborn in the parish of St Giles in the Fields, as well as the residue of his goods and chattels after the payment of legacies to the poor and to his servants. By a codicil dated 19 October he bequeathed to one of his servants, William Deane, any proceeds in excess of £700 received from the sale of his lands in Holborn as well as his medical books and instruments. A silver bowl which had been given him by 'my Lord', went to another servant.
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The painting shows the moment at which Nyssia, still unaware that she is being watched by anyone other than her husband, removes the last of her clothes. Etty hoped that his audience would take from the painting the moral lesson that women are not chattels and that men infringing on their rights should justly be punished, but he made little effort to explain this to audiences. The painting was immediately controversial and perceived as a cynical combination of a pornographic image and a violent and unpleasant narrative, and it was condemned as an immoral piece of the type one would expect from a foreign, not a British, artist. It was bought by Robert Vernon on its exhibition, and in 1847 was one of a number of paintings given by Vernon to the nation.
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And the town of Mag Samradhain (Ballymagauran) was burned by them and they turned back and came not on cattle-spoils or chattels. And the worthies of the country overtook them on that retreat with a very large pursuing party and those nobles turned on the pursuing party and defeated them spiritedly, successfully then and slew three and twenty of the pursuing party in that rout, two sons of Aedh, son of Eogan Mag Samradhain, namely, Tadhg and Maghnus (that is, the cleric). And the other portion of them slain were of the Clann-Imair and of the Clan of Mac-in-taisigh and of the muster of Tellach- Eathach also. And there was slain also by the Fir-Manach in the heat of that rout Flaithbertach, son of Donn, son of Edmond Mag Uidhir.
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Such claims may be brought only when the trespasser (a) disposes the other of the chattel, (b) the chattel is impaired as to its condition, quality or value, (c) the processor is deprived of the use of the chattel for a substantial time, or (d) body harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest. The court noted that no Oklahoma court had earlier recognized trespass to chattels based upon intangible invasions of commuter resources. And the courts that have recognized such causes of action have not allowed "an action for nominal damages for harmless intermeddling with the chattel." Here, Mummagraphics had failed to submit any evidence the receiving the 11 commercial emails from Cruise.
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Ehrenfels's proposed new society earned him criticism from the Catholic Church which objected to his attacks on Christian monogamy; from feminists who were offended by his idea that women should be kept essentially as chattels and treated as sex objects by men; and from the romantic everywhere who were upset about his plans to abolish romantic love. The German feminist Helene Stöcker protested against Ehrenfels's plans, albeit from the same social Darwinian viewpoint, writing: "A sexual ethic that does not rest on the development of women as a personality, but instead regards her merely as an object of male lust, is absolutely counter-evolutionary".Taylor p.38. The American historian Edward Ross Dickinson wrote the "pieces" of Ehrenfels's thinking were all mainstream, but the way he brought them together was "idiosyncratic".
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Goode (1979) p.55 A regulated consumer hire agreement is defined as an agreement between two bodies, one of whom (the hirer) is an individual, and the other of whom, (the owner) is a person, by which goods are loaned to the hirer for use without an option to purchase.Goode (1979) p.56 The agreement must be "capable of subsisting" for longer than three months, not require the hirer to make payments of more than £5,000 total and not be an "exempt agreement". "Goods" are defined as chattels personal, with "capable of subsisting" simply meaning that the agreement does not restrict the time limit of use to less than three months. The agreement does not have to exceed three months, but the option to do so must be given by one party.
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Oyster Software v. Forms Processing (2001), the Northern District of California determined that a plaintiff need not demonstrate any physical interference with a server at all to sustain a trespass to chattels claim and consequently denied the defendant's motion for summary judgment, even though there was no evidence of damage to the plaintiff's computer system.Oyster Software v. Forms Processing, 2001 WL 1736382 (N.D.Cal. 2001). Although Oyster conceded that there was no evidence that the defendant's activities had interfered in any way with the functioning of Oyster's computer system, the court nonetheless denied FPI's motion for summary judgment. According to the court, following the decision in eBay, plaintiffs only need to demonstrate that the defendant's actions "amounted to a 'use' of Plaintiff's computer," and the court determined that copying the metatags amounted to a use.
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Married European women were considered to be subsumed under their husbands' legal status and could not own land. With the introduction of the English legal system that occurred concurrently with the Crown of England establishing governance over New Zealand, in keeping with British common law, Māori women also became chattels of their husbands. The first groups of Europeans to visit New Zealand at the end of the 18th century were almost all men and were sealers, whalers and missionaries. The founders of European settlement in New Zealand such as Edward Gibbon Wakefield of the New Zealand Company encouraged settlement by families instead of single men because women were believed to have a "civilising" influence, the restricted position of women under English laws and customs increasingly constrained the actions of Māori and European women alike.
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De Brantingham was implicated in the wasteful and destructive administration of the Hospital of St John the Baptist in Dorchester, which had suffered the alienation of so much of its land that it was no longer capable of almsgiving.Page (1908) A royal inquiry, commissioned by writ of 18 November 1359, headed by the county escheator and with a jury empanelled to hear the findings, found that de Brantingham, then steward of the hospital, had not only alienated land but also carried off chattels from the hospital, including linens and bedding. Shortly after the commission reached its finding, de Brantingham appears to have been dismissed and, in any event, the following year, as recorded in the patent rolls for 6 June 1360, King Edward III granted the stewardship of the hospital to Thomas de Brantingham.
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The conditional bill of sale refers to any assignment or transfer of personal chattels to a person by way of security for the payment of money. The conditional bill of sale creates a security in favour of the grantee of the bill whereby the grantee is given personal right of seizure giving right to a security interest of a possessory nature. There are other forms of security over goods such as a pledge and contractual lien which also only give right to a security interest of a possessory nature. An example of a conditional bill of sale can be found where a creditor gives a loan and has transferred to himself, as collateral or security for the loan, the title of the goods or other personal property of the debtor.
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A few scanty notices between 1298 and 1301 indicate that he took part on the English side in the war with Scotland; and from one of these we learn that he had manors in Kent, the wood of which he received the king's licence to sell. Alexander Baliol was amongst the barons present, under Edward I, at the siege of Caerlaverock in 1300. In 1303 he seems to have shown signs of again falling off from the English side, since his chattels in Kent, Hertfordshire, and Roxburghshire were in that year seized by John de Bretagne, Earl of Richmond, in the Scottish campaign. His estates in Kent, of which the chief was the castle and manor of Chilham, were held by him in right of his wife Isabella de Chilham, by whom he left three sons, Alexander, Thomas and William.
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In 1539, King Henry VIII converted the priory to a cathedral with a dean and chapter and worked to ensure Christ Church adhered to his new church structure. His immediate successor, Edward VI of England, in 1547, provided funds for an increase in cathedral staffing and annual royal funding for the choir school. King Edward VI formally suppressed St Patrick's Cathedral and, on 25 April 1547, its silver, jewels and ornaments were transferred to the dean and chapter of Christ Church. This episode ended with a late document of Queen Mary's reign, a deed dated 27 April 1558, comprising a release or receipt by Thomas Leverous, dean, and the chapter of St Patrick's, of the "goods, chattels, musical instruments, etc." belonging to that cathedral and which had been in the possession of the dean and chapter of Christ Church.
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In 1992 an album of photographs was sold at an auction of furniture and chattels at Williamstrip Park, Gloucestershire. The album would turn out to be the personal family album of Jane Martha St. John, and has helped to fill in the many gaps in her biography. A green Morocco bound album with a single gold tooled line to its edge with pages that are watermarked JOYNSON 1854 and measure approximately 225×197mm there are 96 photos arranged on 87 pages that are hand numbered 1 to 90 but with pages 23 and 40 missing (one is possibly in the Swansea Museum collection) and page 90 is unused. The earliest are well known photos by John Dillwyn Llewelyn, dating from 1853; these were probably printed and sent to St. John by her cousin Emma Thomasina Talbot.
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Slade J expressed himself to be attracted by the argument, but that it was devoid of authority. Accordingly, the plaintiff was thrown back on trying to show that Italian law should be disapplied as a matter of public policy. However there was no authority for that proposition and, the case being by way of preliminary issue, there was no evidence as to the precise effect of Italian law beyond the second defendant's pleaded case. The Court referred to American authorities which suggested that "the law of a state into which chattels have been surreptitiously removed without the knowledge of an owner and against his will does not apply its law to divest the title of the absent owner",[1980] 1 Ch 496 at 511E as well as the US case of Edgerly v Bush (1880) 81 NY 199.
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So much of this Act as related to devises or bequests of lands or tenements, or to the revocation or alteration of any devise in writing of any lands, tenements or hereditaments, or any clause thereof, or to the devise of any estate pur autre vie, or to any such estate being assets, or to nuncupative wills, or to the repeal, altering or changing of any will in writing concerning any goods or chattels or personal estate, or any clause, devise, or bequest therein was repealed by section 2 of the Wills Act 1837 (1 Vict c 26). The marginal note to that section said that the effect of this was to repeal sections 5 and 6 and 12 and 19 to 22.The Wills Act 1837 Legislation.gov.uk has this as sections 18 to 21 instead of 19 to 22.Legislation.gov.
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The details of the institution are clearly stated in the 1194 orders of Richard I, stating as follows: > All the debts, pledges, mortgages, lands, houses, rents, and possessions of > the Jews shall be registered. The Jew who shall conceal any of these shall > forfeit to the King his body and the thing concealed, and likewise all his > possessions and chattels, neither shall it be lawful to the Jew to recover > the thing concealed. Likewise six or seven places shall be provided in which > they shall make all their contracts, and there shall be appointed two > lawyers that are Christians and two lawyers that are Jews, and two legal > registrars, and before them and the clerks of William of the Church of St. > Mary's and , shall their contracts be made. > And charters shall be made of their contracts by way of indenture.
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Slander of title is a form of jactitation. Slander of title is one of the "specialized" common law intentional torts. The State of California has adopted the definition of slander of title set forth in section 624 of the Restatement of Torts as follows: "One who, without a privilege to do so, publishes matter which is untrue and disparaging to another's property in land, chattels or intangible things under such circumstances as would lead a reasonable man to foresee that the conduct of a third person as purchaser or lessee thereof might be determined thereby is liable for pecuniary loss resulting to the other from the impairment of vendibility thus caused." The term slander of title is somewhat of a misnomer as slander refers to that which is spoken yet the tort slander of title requires publication.
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By the Treaty of Kiel, signed on 13 January, King Frederik VI of Denmark-Norway had to cede Norway to the King of Sweden. However, this treaty was not accepted by the Norwegians who refused to be bartered about like so many chattels. Elements of the Danish Government also covertly supported Norway's determination to not be incorporated into Sweden.Ibid. 135 Ultimately, Denmark would pay a catastrophic price for its intrigues, as Bernadotte viewed this support, no matter how covert, as perfidy and a violation of the Treaty of Kiel, and this would later be reflected in the final peace crafted at the Congress of Vienna wherein the provisions to award Swedish Pomerania, along with various additional Northern German territory, as well as 1,000,000 Riksdalers to Denmark as compensation for its loss of Norway, were voided.Ibid. 138.
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On Lady Mary's death, the estate was to go to named relatives. "The Trewe Inventorye of all the moveable goodes, househoulde stuffe and plate, which were latelie the goodes and chattels of Sir Thomas Ramsey…" dated 1590, lists in detail and room by room, the furnishings and contents of the house, with the estimated value of each item or set of items, in pounds, shillings and pence. An indication of Ramsey's importance and influence is revealed in his will, where his executors are reminded that a loan of £550 to Robert, Earl of Leicester (Queen Elizabeth's favourite), was due in January 1587. A further indication is the inclusion of the Ramseys in the play by Thomas Heywood (registered and printed 1605–06) "If you know not me, you know nobody; or, The troubles of Queene Elizabeth".
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The Annals of Ulster for 1497 state- Maghnus, son of Thomas Mag Samradhain, was slain by the descendants of Eogan Mag Samhadhain on the 7th of the Ides of November (7th of November). On 28 September 1498 two of Cathal's brothers, Tadgh and Manus the priest, were killed in a Maguire raid on the castle of Ballymagauran. The Annals of Ulster for 1498 state- Philip, son of Toirdelbach, son of Philip Mag Uidhir, went on an inroad into Tellach-Eathach (Tullyhaw) and the sons of Edmond Mag Uidhir and the sons of Gilla-Padraig Mag Uidhir went with him thither and the country was traversed by them to Snam-na-neach (The Swimming of the Horses). And the town of Mag Samradhain (Ballymagauran) was burned by them and they turned back and came not on cattle-spoils or chattels.
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Elegit (Latin for he has chosen) was, in English law, a judicial writ of execution, given by the Statute of Westminster II (1285), and so called from the words of the writ, that the plaintiff has chosen () this mode of satisfaction. Previously to the Statute of Westminster II, a judgment creditor could only have the profits of lands of a debtor in satisfaction of his judgment, but not the possession of the lands themselves. But this statute provided that henceforth it should be in the election of the party having recovered judgment to have a writ of fieri facias unto the sheriff on lands and goods or else all the chattels of the debtor and the one half of his lands until the judgment be satisfied. By the Bankruptcy Act 1883 the writ of elegit extended to lands and hereditaments only.
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The painting shows the moment at which Nyssia removes the last of her clothes. By positioning the figures in such a way that none are looking out of the picture, and the viewer is directly behind Nyssia, Etty aimed for the viewer to feel the same sense of voyeurism and intrusion that Gyges would have felt, forced to spy on his master's naked wife against his will and without her knowledge. alt=Woman removing her clothing while two naked men watch Etty felt that the work illustrated the moral that women are not chattels, and were entitled to punish men who violated their rights. He made little effort to explain this to his audience, and thus Candaules appeared morally highly ambiguous, inviting the viewer to sympathise either with the sexually immoral Candaules, the murderous Nyssia or the voyeuristic Gyges.
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Previously only tobacco export had been restricted to England. Additional enumerated items would be included in subsequent navigation acts, for example the cocoa bean was added in 1672, after drinking chocolate became the fashion. In a significant bow to English merchants and to the detriment of numerous foreign colonists, section two of the act declared that "no alien or person not born within the allegiance of our sovereign lord the King, his heirs and successors, or naturalized or made a free denizen, shall... exercise the trade or occupation of a merchant or factor in any of the said places" (i.e. lands, islands, plantations, or territories belonging to the King in Asia, Africa, or America), upon pain of forfeiting all goods and chattels. Passage of the Navigation Act 1660 act was immediately followed by the Customs Act 1660 (12 Cha.
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The opinion was sought by slave merchants after certain judicial decisions by Lord Chief Justice Holt. Earlier judicial decisions had upheld the legality of slavery in relation to African slaves on the basis that they were infidels.Butts v Penny (1677) 2 Lev 201, 3 Keb 785Gelly v Cleve (1694) 1 Ld Raym 147 However, in Chamberlain v Harvey (1697) 1 Ld Raym 146 and in Smith v Gould (1705–07) 2 Salk 666 Lord Holt rejected this approach, but suggested on a wider basis that slaves were not chattels capable of supporting a legal property claim. The clear concern of the slave traders was that, at best, Christian Africans could not be slaves, and that baptism would manumit a slave (and in fact a number of slaves were baptised and claimed on this basis to be free), and at worst, there might be no legally enforceable property rights in a slave.
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TWA v Hickel (California 1940) The courts have been more lenient with underground trespass. The Kentucky Court of Appeal in Edwards v Sims (1929) 24 SW 2d 619 seems to affirm the maxim without qualification, whereas the New South Wales Supreme Court in Australia seemed more reluctant to do so in Di Napoli v New Beach Apartments (2004) Aust Torts Reports 81-728. There is therefore an asymmetry between aerial and underground trespass, which may be resolved by the fact the ground is almost always used (to support buildings and other structures) whereas airspace loses its practical use above the height of skyscrapers. There may be regulations that hold a trespasser to a higher duty of care, such as strict liability for timber trespass (removing trees beyond a permitted boundary), which is a type of trespass to chattels as a result of a trespass to land.
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Prawer, Crusader Institutions, pp. 197, 205. As Hans Mayer says, "the Muslim inhabitants of the Latin Kingdom hardly ever appear in the Latin chronicles", so information on their role in society is difficult to find. The crusaders "had a natural tendency to ignore these matters as simply without interest and certainly not worthy of record."Hans Mayer, "Latins, Muslims, and Greeks in the Latin Kingdom of Jerusalem", History 63 (1978), pg. 175; reprinted in Probleme des lateinischen Königreichs Jerusalem (Variorum, 1983). Although Muslims, as well as Jews and Eastern Christians, had virtually no rights in the countryside, where they were essentially the property of the crusader lord who owned the land,Mayer calls them "chattels of the state"; Hans Mayer, "Latins, Muslims, and Greeks in the Latin Kingdom of Jerusalem", History 63 (1978), pg. 177; reprinted in Probleme des lateinischen Königreichs Jerusalem (Variorum, 1983).
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In her 1832 book Domestic Manners of Americans, English writer Frances Trollope, mother of novelist Anthony Trollope, described the city on Moving Day: > On the 1st of May the city of New York has the appearance of sending off a > population flying from the plague, or of a town which had surrendered on > condition of carrying away all their goods and chattels. Rich furniture and > ragged furniture, carts, wagons, and drays, ropes, canvas, and straw, > packers, porters, and draymen, white, yellow, and black, occupy the streets > from east to west, from north to south, on this day. Every one I spoke to on > the subject complained of this custom as most annoying, but all assured me > it was unavoidable, if you inhabit a rented house. More than one of my New > York friends have built or bought houses solely to avoid this annual > inconvenience.
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They were transported aboard the John of London to be sold for fifteen hundred and fifty pounds of sugar each. They arrived in Barbados on the 7 May 1656, where they were sold as the goods and chattels of Martin Noell, MP, Major Thomas Alderne of London, and Captain Henry Hatsell of Plymouth. The prisoners included the previously-acquitted Nicholas Broadgate and Marcellus Rivers, who along with another transportee called Oxenbridge Foyle or Fowell, was in 1659 was to submit a petition to Parliament in pamphlet form complaining about the prisoners' barbaric treatment at the hands of the planters who had bought them. Rivers added that one man, a Mr. Diamond of Tiverton - probably the William Deyman of Tiverton, gent, recorded as a prisoner at Exeter with Penruddock - had been transported despite being 76 years old and merely having expressed a wish to join the rebels.
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Little is known about the details of the dispute in this case. The first decision discusses a "will" (and not a "testament" as well) and the second decision addresses title in dispute. Thus, it is likely that the dispute involved title to land in the Pennsylvania Colony, and that at least one of the parties claimed right to the land under a will. (At common law, real estate was bequeathed by use of a "will" and personal property—what was then known as "chattels"—was bequeathed by a "testament".) The issue addressed by the colonial court in the first decision was whether an exemplification of will (an official copy, certified or authenticated as a true copy, to be used as evidence)Black's Law Dictionary, 5th ed, 513 which was made in the Canterbury prerogative Court was admissible as evidence before the Pennsylvania colonial court hearing the case.
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Sir William Blackstone was in no doubt that "the spirit of liberty is so deeply ingrained in our constitution" that a slave, the moment he lands in England, is free.Bl. Comm., vol I, p 123; although he resiled from this position later, some argue under political pressure Other prominent lawyers, such as Lord Hardwicke and Lord Mansfield, felt that it was better to recognise slavery, and to impose regulation on the slave trade rather than to withdraw from it, since less enlightened nations would reap the benefits of abolition and slaves would suffer the consequences. The "infidel" argument for maintaining African slaves as chattels was abandoned in the middle of the 18th century, since by then many slaves had been converted to Christianity without gaining de facto freedom; and legal justifications for slave ownership were now sought by analogy with the old law of villeinage.
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He had no chattels."The London eyre of 1244, Chew, H.M. and Weinbaum, M. (ed.), number 125: 1970 Another entry recorded that "The City answers saying that the church of ... St. Magnus the Martyr ... which [is] situated on the king's highway ... ought to belong to the king and be in his gift".The London eyre of 1244, Chew, H.M. and Weinbaum, M. (ed.), number 276: 1970 The church presumably jutted into the road running to the bridge, as it did in later times.London 800–1216: The shaping of a City, Brooke, C. and Keir, G.: University of California Press, 1975 In 1276 it was recorded that "the church of St. Magnus the Martyr is worth £15 yearly and Master Geoffrey de la Wade now holds it by the grant of the prior of Bermundeseie and the abbot of Westminster to whom King Henry conferred the advowson by his charter.
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William therefore grew up, probably at Bishopsbourne, with an elder half-sibling and with three younger brothers and various sisters, one of whom, Alice, was by 1462 married to Sir John Fogge (as his second wife). William also was married before that date, and had a son of his own called William by his wife, Joan Horne (daughter of Henry Horne, M.P.L.S. Woodger, 'Horne, Henry, of Horne's Place in Appledore, Kent', in J.S. Roskell, L. Clark and C. Rawcliffe (eds), The History of Parliament: the House of Commons 1386–1421, (Boydell & Brewer 1993) History of Parliament Online.), both of whom are mentioned in his father's will. Made in May 1462 and proved in October, this document is concerned mainly with the furnishings and chattels, the estates themselves having been disposed of by a testament now lost. Old William asked to be buried between his two wives before the image of St Katherine in the church of the Fraternity of St Augustine's, Canterbury.
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Led by Major General John Sullivan and Brigadier General James Clinton, the expedition was conducted during the summer of 1779, beginning June 18 when the army marched from Easton, Pennsylvania, to October 3 when it abandoned Fort Sullivan, built at Tioga, to return to George Washington's main camp in New Jersey. While the campaign had only one major battle, at Newtown (since the tribes evacuated ahead of the large military force) along the Chemung River in western New York, the expedition severely damaged the Iroquois nations' economies by burning their crops, villages, and chattels, thus ruining the Iroquois technological infrastructure. With the Native Americans' shelter gone and food supplies destroyed, thereafter the strength of the Iroquois Confederacy was broken. The death toll from exposure and starvation dwarfed the casualties received in the Battle of Newtown, in which about 1,000 Iroquois and Loyalists were decisively defeated by an army of 3,200 Continental soldiers.
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However, from the early 1820s, the prominence of Old Banks as the Government's primary frontier seat of Government, and the 'original' Paterson, waned as a consequence of the establishment (from c.1818) and prolific growth of the Government's rural settlement and township at Wallis Plains (now East Maitland) ten kilometres to the south. With the construction of an overland route direct to north-western Sydney in 1823, Wallis Plains and the deep river port of Morpeth became the centre of the Lower Hunter Valley's connections with Sydney and the penal settlement at Newcastle. Even so, the military outpost at Old Banks (along with a similar facility 14 kilometres to the east at Seaham on the Williams River) continued to provide for the interception of escaped convicts from Port Macquarie, the imposition of law and order for the Paterson region and the oversight of a most important centre for transportation of goods, chattels and people.
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Beginning in Virginia in 1662, the colonial legislature incorporated that Roman legal doctrine of partus sequitur ventrem into law in British North America, ruling that the children born in the colonies took the status of their mothers; therefore, children of enslaved mothers were born into slavery as chattel, regardless of the status of their fathers. It was associated with the civil law in Britain, but there the partus legal doctrine did not make chattels of human beings. In mid-17th-century Virginia, the mixed-race woman Elizabeth Key Grinstead, then illegally classified as a slave, won her freedom lawsuit (21 July 1656) and formal, legal recognition as a free coloured woman in the thirteen colonies of British North America. Key's successful lawsuit was based upon facts of her birth: her white English father was a member of the House of Burgesses; had acknowledged his paternity of Elizabeth, who was baptized as a Christian in the Church of England; and, before his death, had arranged a guardianship for her, by way of indentured servitude until she came of age.
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The Statute of Praemunire (the first statute so called) (1353), though especially levelled at the pretensions of the Roman Curia, was also levelled against the pretensions of any foreign power and therefore was created to maintain the independence of the crown against all pretensions against it. By it, the king "at the grievous and clamorous complaints of the great men and commons of the realm of England" enacts "that all the people of the king's ligeance of what condition that they be, which shall draw any out of the realm in plea" or any matter of which the cognizance properly belongs to the king's court shall be allowed two months in which to answer for their contempt of the king's rights in transferring their pleas abroad. The penalties which were attached to the offence under this statute involved the loss of all civil rights, forfeiture of lands, goods and chattels, and imprisonment during the royal pleasure.Kenny, C. Outlines of Criminal Law (Cambridge University Press, 1936), 15th edition, p.
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It is also probable, as Adolphe Vuitry states, that a large number of the debts owing to the Jews had not been recovered, and that the holders of the notes had preserved them; the decree of return specified that two thirds of the old debts recovered by the Jews should go into the treasury. The conditions under which they were allowed to settle in the land are set forth in a number of articles; some of the guaranties which were accorded the Jews had probably been demanded by them and been paid for. They were to live by the work of their hands or to sell merchandise of a good quality; they were to wear the circular badge, and not discuss religion with laymen. They were not to be molested, either with regard to the chattels they had carried away at the time of their banishment, or with regard to the loans which they had made since then, or in general with regard to anything which had happened in the past.
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In the present case, the claimed injury is located > in the disruption or distraction caused to recipients by the contents of the > e-mail message an injury entirely separate from, and not directly affecting, > the possession or value of personal property. The Court compared the discussion among managers and employees, which Intel described as loss of productivity reading and responding to the messages, as well as setting up internal filters for those messages as no "more than the personal distress caused by reading an unpleasant letter would be an injury to the recipient’s mailbox, or the loss of privacy caused by an intrusive telephone call would be an injury to the recipient’s telephone equipment." The court asserted that this did not give electronic communications any special immunity, and that like other forms of communications, e-mail can cause damage to recipients and may be actionable under various common law or statutory theories. The reason Intel's claim fails is because in California, trespass of chattels tort may not be proved without evidence of damage to the plaintiff's property or legal interest in the property.
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The nature of the offences to be dealt with by border law was enumerated : "homicide, mayhem ('manyheing'), assault, breach of safe conduct, theft of animals and chattels, the unlawful grazing and pasturing of animals and treason." Procedures were laid down : for example, amongst other provisions, suspects who had attacked people moving under safe conduct were to be handed over to the Wardens of the opposite realm for punishment; challenges made by defendants were to be submitted to a mixed English and Scottish jury; English jurors were to be nominated by the Scots and vice versa; a kind of extradition system was devised; days of march were to have clerks available to make written records of proceedings; goods stolen by raiders from the opposite side of the border but found on the victim's side were to be argued over at a future day of march. If the accused was found innocent, the person taken with the goods had to forfeit them and seek compensation for the loss at a day of march.
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Alice, with her rich inheritance, did not remain a widow for long, though she was at this time 54 years of age. Late in 1335 or early in 1336 she was abducted from the castle of Bolingbroke and, ignoring her vow of chastity, 'raped' by Hugh de Freyne, Baron Freyne. (A letter from the Pope seems to reproach Alice for "allowing" the rape to happen.) Alice became de Freyne's wife before 20 March 1336. Historian Michael Prestwich describes the abduction thus, in his The Three Edwards: The marriage had taken place without the King's licence, so orders were sent to the Sheriffs of Lincoln, Oxford, and many other counties, to take into the King's hands the lands, goods, and chattels of Hugh de Freyne and Alice, Countess of Lincoln, and to keep the same until further order; the said Hugh and Alice having escaped from the castle of Somerton, where the King had ordered them to be kept separately, because Hugh took her from the castle of Bolingbroke by force.
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Pamphlet of Mortimer Thomson's account of the 1859 Great Slave Auction > SALE OF SLAVES. > The largest sale of human chattels that has been made in Star-Spangled > America for several years, took place on Wednesday and Thursday of last > week, at the Race-course near the City of Savannah, Georgia. The lot > consisted of four hundred and thirty-six men, women, children and infants, > being half of the negro stock remaining on the old Major Butler plantations > which fell to one of the two heirs to that estate. Major Butler, dying, left > a property valued at more than a million of dollars, the major part of which > was invested in rice and cotton plantations, and the slaves thereon, all of > which immense fortune descended to two heirs, his [grand]sons, Mr. John A. > Butler, sometime desceased, and Mr. Pierce M. Butler, still living, and > resident of the City of Philadelphia, in the free State of Pennsylvania. > Losses in the great crash of 1857-8, and other exigencies of business, have > compelled the latter gentleman to realize on his Southern investments, that > he may satisfy his pressing creditors.
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National Capital Brewing Company building The brewery reopened on July 26, 1891 in a brand new building (finished in June 1891) located on the south side of D Street SE between 13th and 14th Street SE. Upon it opening a reception was held on July 28, 1891 from 3pm to 8pm during which visitors could visit every part of the building and see every part of the process.The National Capital Brewing Company - The Sunday Herald - July 26, 1891 - page 13 It operated in a five-story fire resistant building, and produced 100,000 barrels of beer per year from using water from its own well. On July 26, 1891, a contract was signed between the F.H. Findley & Son Bottling Company (located at 1206 D Street) for 20,000 barrels of a special Pale Extra Beer as it was advertised in The Sunday Herald. If the quality failed, the Brewing Company would have to pay $20,000, if the other party failed to use that much beer, they would have to pay $10,000.The Sunday Herald - July 26, 1891 - Page 8 On February 27, 1897, The Brewery announced that it had purchased the chattels of the Gerhard Lang's Buffalo, N.Y., Park Brewery Agency including its bottles and other items previously owned by that brewery.
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Initially, the courts held that an action for trover would lie for blacks, as if they were chattels, but this was reasoned on the grounds that they were infidels rather than slaves, and lacked the rights enjoyed by ChristiansSee Butts v Penny (1677) 2 Lev 201, 3 Keb 785 - an action was brought to recover possession of 100 slaves. The court held that slavery was legal in England in relation to infidels and that an action for trover would lie; see also Gelly v Cleve (1694) 1 Ld Raym 147 (reasoning which would later find echoes in the U.S. case of Dred Scott v. Sandford 60 U.S. (19 How.) 393 (1857)) but Judge Holt was to later reject this analysis,Chamberlain v Harvey (1697) 1 Ld Raym 146; Smith v Gould (1705-07) 2 Salk 666 and also denied the possibility of bringing an assumpsit on the sale of a black person in England: "as soon as a negro comes to England he is free; one may be a villein in England, but not a slave."Smith v Brown (1702) 2 Salk 666 However, this comment was construed as more of an admonition against careless pleading rather than a reproach to slave dealers.
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W. R. Williams, Parliamentary History of the County of Worcester Coventry was appointed one of the Council of Wales and the Marches on 2 May 1633. He became a Compensation Commissioner for the Avon on 9 March 1637. On 14 January 1640, he succeeded to the title Baron Coventry on the death of his father. He was joint Commissioner of Array in Worcestershire in 1642, and signed the Engagement with the King at York. In 1642 he defended Worcester against the Parliamentary army, but was defeated by Colonel Sandys. He submitted to Parliament in October 1642, and in May 1643 was given permission to go abroad on health grounds. He was back in England the following year. On 15 January 1644, the East India Company were ordered to freeze the money and goods he had in the Company. On 15 April, he was assessed at £3,000 and on 20 September he was assessed at £1,500 by the House of Lords. On 11 April 1645 all his goods and chattels in his house at Westminster were to be seized, inventoried and sold in order to pay off the fine of £1,500. He was suspected of having Royalist sympathies in 1651, and for supporting Charles II. He was cleared of the charges, but was imprisoned for a time in 1655.
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