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142 Sentences With "encumbrances"

How to use encumbrances in a sentence? Find typical usage patterns (collocations)/phrases/context for "encumbrances" and check conjugation/comparative form for "encumbrances". Mastering all the usages of "encumbrances" from sentence examples published by news publications.

Especially when the president of their main ally, America, seems to view alliances as encumbrances.
They often are impatient with the encumbrances of due process or affirmative action for minorities.
But more fundamental to this tragedy are Puerto Rico's encumbrances in advocating for its own interests.
"Herders need access to water sources without any encumbrances and farmers need to farm peacefully," he said.
Fitch expects this coverage to moderately deteriorate due to incremental mortgage encumbrances and the sale of select unencumbered properties.
The conundrum, then, is why males do not dispose of these bony encumbrances immediately after the rutting season has ended.
He could leave behind some of the mistakes and encumbrances of his forerunners and emerge as a freshly inspiring leader.
"Let the city offer some incentives and abatements that might offset the costs and encumbrances of landmark status," he said.
Daiichi argued that Singh brothers created encumbrances on 1.2 million shares of Fortis in violation of court orders, the report added.
A period of due diligence follows to allow for a title search and a check for liens or encumbrances, among other things.
They hanker for strong leaders who can embody the will of the people, surpass these encumbrances and provide seductively simple solutions to problems.
I know what an AGNES suit feels like, and I am fortunate that it suits me: with all those encumbrances, I feel good.
What all this seems to add up to is a muscular, nationalist, neo-isolationist view of the world that eschews foreign encumbrances and entanglements.
That's a complicated tangle of obligations, and the title of "Remind Me Tomorrow" is a nod to the encumbrances of her new, bigger life.
Though Christie's 61-lot auction of contemporary works on Tuesday night featured 17 guarantees, the most highly valued lot was offered free of financial encumbrances.
"There used to be a suspicion that Trump doesn't understand alliances, that he just sees them as encumbrances," says Jonathan Eyal of RUSI, a think-tank.
Wong often proceeds by indirection, and the obvious contrast of this first meeting — between Big Labor's encumbrances and Roosevelt's dexterity — made, in retrospect, a deliberate point.
Dixon said that Mozilla will be conducting a full audit of the Pocket code soon to look for any license encumbrances or other obstacles to open-sourcing.
The unilateralist-isolationist heirs to Andrew Jackson went along with this, but when the Soviet threat was removed they soon saw all those foreign encumbrances as a pain.
The deletion, which the sources said came at the insistence of the United States, shows a desire by Washington to avoid encumbrances as it increases tariffs on Chinese goods.
The deletion, which G20 sources said came at the insistence of the United States, shows a desire by Washington to avoid encumbrances as it increases tariffs on Chinese goods.
As she died on the cross, Wilgefortis referred to "the passion that encumbrances all women" and beseeched women to pray through her to be delivered from vanity and erotic desire.
Fitch's base case assumes that CLI funds its liquidity shortfall with $21000 million of third-party equity raised at its Roseland Realty Trust subsidiary and incremental asset sales and asset encumbrances.
I think for journalists, initially, everybody felt very, very comfortable with 360-degree video, because you're filming realism, even though it's got its own encumbrances for the way that you have to shoot.
And though you may think Trump or Clinton may be a bad president, that's all either of them will be—a president, with all the restrictions and encumbrances that that office comes with.
The overdue rush of sympathy for women's ordinary encumbrances comes shortly after the Department of Education reversed Obama-era guidelines on college sexual-assault investigations, and Congress allowed the Children's Health Insurance Program to expire.
We reduce them to some outlines — a Facebook 'friend,' an Instagram photo, a text message — in a controlled and sequestered world that exists largely free of the sudden eruptions or encumbrances of actual human interaction.
" Still, Miller described Trump's approach to summits as a "love-hate relationship: There are encumbrances, meetings, interactions with people who ask for things and criticize him, but he's on the stage ... and he loves to poke, irritate and annoy.
Mr. Browne sees Brexit as an opportunity for the British art trade to free itself from the encumbrances of Europe-imposed tariffs and regulations, such as the value-added tax (230.6 percent in Britain) on artworks imported from outside the bloc.
The accelerated timetable to raise the debt limit has laid bare a difference of opinion within the White House about how it should be raised — whether it should be lifted without policy encumbrances or if it should be tied to other policy changes.
While Fitch recognizes that there are additional unencumbered assets held in the joint ventures, there could be factors that may limit or impede PLD's ability to access this contingent liquidity such as partner approval for asset sales or encumbrances, though PLD could sell its interest.
Our deepest hope for the children we love is that they will enjoy the liberties of an open-ended destiny, that their desires will be given the free play they deserve, that the circumstances of their birth and upbringing will be felt as opportunities rather than encumbrances; our greatest fear is that they will feel thwarted by forces beyond their control.
The end shows Emory, Beaty and her child racing to catch a plane, free of their past encumbrances.
Homeowners in the community are taxed in the form of encumbrances on their property, which goes to maintaining the lake.
The portionless, who struggle with no such unnecessary inherited encumbrances, find it labor enough to subdue and cultivate a few cubic feet of flesh.
Norwegian Ship Register, 2010a. On 17 November 1999, the ship was declared free of financial encumbrances and sold to the American company TransAtlantic Lines.Norwegian Ship Register, 2010b.
In their opinion ODF is free of legal encumbrances that would prevent its use in free and open source software, as distributed under licenses authored by Apache and the FSF.
She was a ward of Samuel Egerton of Tatton.University of Manchester Special Collections - Samuel Egerton Warren married Jane and the marriage settlement resolved the encumbrances on his estates. He then retired from the army.
Total expenditures and encumbrances were $88,679,873: Board of Education (53.41%), Public Safety (12.97%), Pension & Miscellaneous (10.58%), Public Works (8.34%), Debt Services (7.69%), General Government (3.49%), Public Health & Social Services (1.99%), Operating Transfers Out (0.85%), Recreation (0.40%), Second Part Budget (0.29%).
The many different ways different manufacturers have solved the same problem over the years is a good example of many different ways to solve the same engineering problem with different goals, different manufacturing capabilities and expertise, and different patent encumbrances.
An agreement was finally reached in 1988 to transfer the remaining lands, free of encumbrances, and the park was formally included into the National Parks Act in 2000 with Bill C-27 of the second session of the 36th Canadian Parliament.
In 1888 the Robertson brothers dissolved their partnership, with John carrying on at Bookmark, and Robert carried on at Chowilla until 1919, when be formed Chowilla into a company. William took over Turretfield, Nickavilla and Chester Hall properties with their attendant encumbrances.
Candidates for the Legislative Assembly had to meet a significant property qualification. A candidate had to own real property in the Province of Canada, worth at least £500 in British sterling, over and above any encumbrances on the property.Act of Union 1840 (UK), c. 35, s. 27.
Candidates for the Legislative Assembly had to meet a significant property qualification. A candidate had to own real property in the Province of Canada, worth at least £500 in British sterling, over and above any encumbrances on the property.Act of Union 1840 (UK), c. 35, s. 27.
Candidates for the Legislative Assembly had to meet a significant property qualification. A candidate had to own real property in the Province of Canada, worth at least £500 in British sterling, over and above any encumbrances on the property.Act of Union 1840 (UK), c. 35, s. 27.
The register manages several roles. Firstly, it ascertains the owner of an aircraft, and if different from the owner, the operator. The register can also be used to register any encumbrances on the aircraft. This has an international application, through Norway's ratification of the Cape Town Treaty.
Candidates for the Legislative Assembly had to meet a significant property qualification. A candidate had to own real property in the Province of Canada, worth at least £500 in British sterling, over and above any encumbrances on the property. Act of Union 1840 (UK), c. 35, s. 27.
The doctrine of exoneration of liens (sometimes simply referred to as "doctrine of exoneration") refers to a common law rule. The rule says that encumbrances (i.e. a mortgage) of a property conveyed by a will is discharged with funds from the originating estate, not from the property itself.
Because of this, in June 2007, Red Hat launched IcedTea to resolve the encumbered components with the equivalents from GNU Classpath implementation. Since the release, most of the encumbrances have been solved, leaving only the audio engine code and colour management system (the latter is to be resolved using Little CMS).
Preston died on 7 July 1748, and left no issue. He had paid off the encumbrances on the estate of Valleyfield, and so acquired the right of the entail. of the property. This he executed in favour of the heirs, male and female, of his brother Sir William, and his nephew Sir George.
For Square des Frères-Charon, citizen comments on a community website formed the basis of the project design. With a belief that well- designed urban space "is simple, flexible and free of physical encumbrances" which enhances "human activity",Affleck, Gavin. "In Full View: Public Space In Montreal." Canadian Architect, 1 Feb. 2008. Web.
Counsel for the plaintiff contended that there were, at the date of sale, no encumbrances on the portion purchased; nor were any referred to in the deed. The plaintiff was therefore entitled to a clean transfer.Abdulla v Long 1931 CPD 305.Van Wyk v Currey NO 1907 TS 1109.Van der Westhuizen v Le Roux 1947 (3) SA 385.
In management accounting, encumbrance is a management tool used to reflect commitments in the accounting system and attempt to prevent overspending. Encumbrances allow organizations to recognize future commitments of resources prior to an actual expenditure. ;Pre-encumbrance: Amount expected to spend, but for which there is no legal obligation to spend. A requisition is a typical pre-encumbrance transaction.
Encumbrances can be classified in several ways. They may be financial (for example, liens) or non- financial (for example, easements, private restrictions). Alternatively, they may be divided into those that affect title (for example, lien, legal or equitable charge) or those that affect the use or physical condition of the encumbered property (for example, restrictions, easements, encroachments).Fillmore E. Galay et al.
It took General Trexler 25 years to buy up these various tracts, > and it would be impossible for our own state or the government to purchase > such a large tract, free of encumbrances so peculiarly suited for public > park purposes.Benner, 101, 109-110. Today Hickory Run State Park boasts 15,990 acres of recreational land with 40+ miles of trails and trout streams.
Graves for some time farmed his own property in Wexford, but on its being sold in the Irish Landed Estates Court to pay off family encumbrances, he emigrated to Australia, arriving in Melbourne in 1864. He at once embarked in pastoral pursuits at Teremia station, near Corowa, N.S.W., and had further commercial and pastoral experience in New South Wales and Victoria.
In Scientology, Operating Thetan (OT) is a spiritual state above Clear. It is defined as "knowing and willing cause over life, thought, matter, energy, space and time (MEST)."The State of Operating Thetan (Church of Scientology) According to religious scholar J. Gordon Melton, "[i]t's basically a variation of the Gnostic myth about souls falling into matter and the encumbrances that come with that".
The records are arranged by each individual board although the amount of surviving material varies from board to board. The majority of material is from the period 1850 to 1930. The other major collection in this series, are the records of the Middlesex Deeds Register. By the Middlesex Registry Act 1708 a registry was established for the registration of all deeds, conveyances, wills, encumbrances etc.
NNL designation is an agreement between the property owner and the federal government. NNL designation does not change ownership of the property nor induce any encumbrances on the property. NNL status does not transfer with changes in ownership. Participation in the NNL Program involves a voluntary commitment on the part of the landowner(s) to retain the integrity of their NNL property as it was when designated.
In Scotland they can, without the slightest > inconvenience to anyone, and do appear, with the greatest advantage to all > concerned. Registration is the basis of prescription. No burden can be > imposed on land, no restriction placed upon its use that does not appear on > the Register. In Scotland there can be no secret deeds, no concealed > encumbrances which can affect a transfer of land.
A third type of deed, known as a bargain and sale deed, implies that the grantor has the right to convey title but makes no warranties against encumbrances. This type of deed is most commonly used by court officials or fiduciaries that hold the property by force of law rather than title, such as properties seized for unpaid taxes and sold at sheriff's sale, or an executor.
Hawaii v. Office of Hawaiian Affairs, 556 U.S. 163 (2009), was a United States Supreme Court case about the former crown lands of the Hawaiian monarchy, and whether the state's right to sell them was restricted by the 1993 Apology Resolution. The Court, in an opinion by Justice Samuel Alito, ruled unanimously that the state had the power to sell the lands free of encumbrances.
The rights of the fee-simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, and may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional.
Napier began to clear his property of encumbrances. On 1 June 1555 he redeemed his lands of Gartnes, Stirlingshire, and others from Duncan Forester, and on 14 June 1558 he obtained a precept of sasine for infefting him in the lands of Blairwaddis, Isle of Inchcolm. In 1565 he received the order of knighthood. He seems to have sided with Mary Queen of Scots after her escape from Lochleven Castle.
Cayman Islands companies are often capitalised primarily with debt rather than equity, whether it is by way of intra-group debt or external borrowing. Companies are not required to file financing statements in the Cayman Islands when borrowing money. Where a creditor takes security from a company for the indebtedness, that security must be entered in the register of mortgages, charges and other encumbrances of the company.Companies Law, section 54(1).
Temporarily Halle was divided, the border between the French Empire and the Kingdom of Westphalia passed through the town (partly alongside the Laibach creek). During this time the population suffered from the pressing encumbrances caused by the necessity to finance the French Revolutionary Wars. In 1813 Prussia regained the administration. Halle was allocated to the Regierungsbezirk Minden in the Province of Westphalia and again became capital of its own district.
Clear title is the phrase used to state that the owner of real property owns it free and clear of encumbrances. In a more limited sense, it is used to state that, although the owner does not own clear title, it is nevertheless within the power of the owner to convey clear title. For example, a property may be encumbered by a mortgage. This encumbrance means that no one has clear title to the property.
Climbers may decide whether to wear a helmet based on a number of factors such as the type of climb being attempted, concerns about weight, reductions in agility, added encumbrances, or simple vanity. Additionally, there is less incentive to wear a helmet in artificial climbing environments like indoor climbing walls (where routes and holds are regularly maintained) than on natural multi-pitch routes or ice climbing routes (where falling rocks and/or ice are likely).
This was apparently in return for the granting to the local people of certain rights to taro pits on the properties. The reserve aspect of this land would have been extinguished by this action. Both titles were made the subject of encumbrances relating to mining and to transfer back to the Administration for landing places and other public purposes. After the First World War the title vested in the custodian of expropriated property.
In addition to supporting Smith and Woodwards' complaints, though with less severity, Ellison critiqued Zinn's orientation towards "causation" and towards racism itself. By ignoring the "encumbrances of the past," Ellison argues that Zinn "makes too much mystery of what, in its political aspects, is really a struggle for power." Regarding Zinn's argument that racism's greatest sin is "its perpetuation of the mystery of racial differences," Ellison highlights that segregation's impact on "individual and group alike" appear much more important.
This is usually in the form of a patent. Then, the grantee's name is searched in the grantor index to find the deed by which it has subsequently conveyed the title, and so forth until no more grants are found. Liens or encumbrances granted by any of the parties shown on recorded instruments are also found in the search. Though theoretically accurate, this approach has practical difficulties due to there often being numerous grants from the sovereign.
Mechanic's liens are enforced exclusively through judicial foreclosure sales, i.e., through court proceedings similar to mortgage foreclosures. The court must determine whether the requirements of the statute have been met and, if so, the priority of the mechanic's lien being foreclosed relative to the other liens or encumbrances on the title. Once that is determined, the court will order the property sold and the proceeds of the sale applied to the liens in the order of their priority.
Thomas Jefferson, ed. J. Jefferson Looney, The Papers of Thomas Jefferson When Law and his wife, known as Eliza P. C. Law, separated, he made a deed of certain real estate as jointure, to provide an annuity to her during her life of $1,500, for her own separate use and benefit. At her death, the said real estate was to be reconveyed to Thomas Law and his heirs, clear of encumbrances by the annuity administrators.Adams v.
"Choate" has been used in several legal contexts, for example, any "choate right is an undefeatable right that is totally valid and ... totally free from encumbrances", and a "choate lien is ... certain and definite". Such a lien is a perfected security interest as used in the U.S. Federal Bankruptcy Code and Uniform Commercial Code. In the context of reference to liens, rights in equity, and inchoate crimes, it has been used as the antonym of inchoate.
The “costs of sequestration” include the costs not only of surrender but also of all the general costs of administration. “Free residue” is defined in section 2 as “that portion of the estate which is not subject to any right of preference by reason of any special mortgage, legal hypothec, pledge or right of retention.” It includes the balance of the proceeds of encumbered property after discharge of the encumbrances. For the purpose of calculating the amount of free residue in an estate, therefore, the surplus in value of encumbered assets over the amount of the encumbrances must be taken into consideration. “It is necessary,” the court held in Ex parte Van Heerden, “to consider whether the surplus of the proceeds of the immovable property, after satisfying the mortgage bonds which have a preferential claim thereon, can be considered as ‘free residue’ within the meaning of that expression as used in the Act.” The definition of “free residue” must be taken to refer to that portion of an estate under sequestration when liquidated, which is not subject to any right of preference.
Candidates for election to the Legislative Assembly had to meet stricter qualifications than voters. In addition to being male, twenty-one or older, and a subject of Her Majesty (by birth or naturalisation), a candidate had to be free from all legal incapacity, and be the proprietor in possession of lands or tenements worth at least $2,000, over and above all encumbrances and charges on the property.The Quebec Election Act, s. 124. Women were completely barred from membership in the Assembly.
Candidates for election to the Legislative Assembly had to meet stricter qualifications than voters. In addition to being male, twenty-one or older, and a subject of Her Majesty (by birth or naturalisation), a candidate had to be free from all legal incapacity, and be the proprietor in possession of lands or tenements worth at least $2,000, over and above all encumbrances and charges on the property.The Quebec Election Act, s. 124. Women were completely barred from membership in the Assembly.
This only applied to open land which could be legally claimed, i.e., land free of liens and encumbrances, and it could be used for both habitation or cultivation. Forest lands used for agricultural purposes, on the other hand, would be taken into consideration depending on the accepted territorial range each community had agreed upon. Purchasing or donation of land only applied to those who were members of the community with increased resources and/or to a non-member penetrating the community.
Military defence is based on initial independent defence capability (provided by Estonian Defence Forces and Estonian Defence League) and NATO's collective defence. Supporting international efforts is central to achieving solidarity towards collective defence. Civilian support is provided through mobilization, utilization of state assets, contractual relations and compulsory encumbrances. Ensuring internal security and vital services is essential to maintaining stability within the state and safety of the people, while the goal of psychological defence is to ensure cohesion and security of the society.
According to the case law in Canada, the key restriction on the application of inherent jurisdiction is that the doctrine cannot be used to override an existing statute or rule. The clearest articulation of such restriction is set out in the Supreme Court of Canada decision in College Housing Co-operative Ltd. v Baxter Student Housing Ltd. (1976) which was a case dealing with whether a judge had exceeded jurisdiction in determining the mortgagee should have priority over other charges and encumbrances.
In property law, the term free and clear refers to ownership without legal encumbrances, such as a lien or mortgage. So, for example: a person owns a house free and clear if he has paid off the mortgage and no creditor has filed a lien against it. Lately there has been a resurgence in interest for free and clear properties despite being an investment form that has been prevalent from early on. Investing in free and clear properties removes the need for a bank loan entirely.
The West Indian Incumbered Estates Acts were Acts of the Parliament of the United Kingdom of 1854, 1858, 1862, 1864, 1872, and 1886 that allowed creditors and other interested parties to apply for the sale of estates (plantations) in the British colonies in the West Indies despite legal encumbrances that would normally prevent such a sale. The legislation was modelled on the acts that created the Irish Encumbered Estates' Court after the Great Famine of the 1840s that allowed indebted and moribund estates to be sold.
The Outback was developed as an off- airport aircraft, with a carriage that lacks a fairing and other encumbrances to "all-terrain" operations. It features a cable-braced hang glider-style high-wing, weight-shift controls, a two-seat, open cockpit, tricycle landing gear and a single engine in pusher configuration. The aircraft single surface Wizard model wing is made from bolted-together aluminium tubing, covered in Dacron sailcloth. Its span wing is supported by a single tube-type kingpost and uses an "A" frame control bar.
Despite his varied architectural commissions and development interests, Nicholson was declared insolvent in 1891 as a result of the prevailing economic depression. The Taylor–Heaslop building at the Woolloongabba Fiveways was under construction by August–September 1889, when Catherine Taylor and Thomas Heaslop registered easements and encumbrances over a party wall now erected on their Woolloongabba property. At this time, part of Heaslop's allotment was effectively made the property of Catherine Taylor, to accommodate the whole of the middle shop. The building was likely completed in 1890.
His contract with Olimpia Milano had an escape clause for playing professionally in the United States, effectively eliminating major encumbrances that would have prevented him from joining the NBA. On April 23, 2008, he decided to declare himself eligible for the 2008 NBA draft. Gallinari signed an endorsement deal with Reebok before being drafted into the NBA. He has his own sneaker, made by Reebok, called "The Rooster." Gallinari training with the Knicks Gallinari was drafted 6th overall in the 2008 draft by the New York Knicks.
The House of Commons Qualification Act 1838 (1 & 2 Vict. c. 48) was an Act of Parliament in the United Kingdom, signed into law on 27 July 1838. It repealed the Qualification of Members of House of Commons Act 1759 and the Parliament Act 1710. The Act provided that no person would be capable of being elected as a member of the House of Commons for any county, unless he possessed an estate, or other income, of the clear annual value of £600 over and above any encumbrances.
Candidates for election to the Legislative Assembly had to meet stricter qualifications than voters. To stand for election, a candidate had to # Be at least twenty-one years of age; # Be of the male sex; # Be a subject of Her Majesty (either by birth or naturalisation); # Be free from all legal incapacity; # Be the proprietor in possession of lands or tenements worth at least $2,000, over and above all encumbrances and charges on the property.The Quebec Election Act, s. 124. Women were completely barred from membership in the Assembly.
In 1743 a private Act was passed which vested his Leicestershire estates in trustees in order to discharge encumbrances on the estates in Surrey. He also had to mortgage his Clifton Maybank estate and property at Milborne Port, putting them into the hands of Peter Walter who was notorious for his property dealings. At the 1747 general election, Harvey was involved in a double return at Milborne Port and his opponents were declared elected. The validity of the election was referred by the House to the elections committee.
Range coding is very similar to arithmetic encoding, except that encoding is done with digits in any base, instead of with bits, and so it is faster when using larger bases (e.g. a byte) at small cost in compression efficiency."On the Overhead of Range Coders", Timothy B. Terriberry, Technical Note 2008 After the expiration of the first (1978) arithmetic coding patent, -- (IBM) Filed March 4, 1977, Granted 24 October 1978 (Now expired) range encoding appeared to clearly be free of patent encumbrances. This particularly drove interest in the technique in the open source community.
Other changes include the reduction in size or loss of tail fins, the closure of gill slits, thickening of the skin, the development of eyelids, and certain changes in dentition and tongue structure. Salamanders are at their most vulnerable at metamorphosis as swimming speeds are reduced and transforming tails are encumbrances on land. Adult salamanders often have an aquatic phase in spring and summer, and a land phase in winter. For adaptation to a water phase, prolactin is the required hormone, and for adaptation to the land phase, thyroxine.
There are some clauses under the sales form protecting the interest of the buyer of ship. For example, clause 9 of Sale Form 1993 has provided some limited protection for the buyer. Under the clause 9, the seller warrants that the vessel is free from all charters, encumbrances, mortgages and maritime liens or any other debts whatsoever at the time of delivery. The buyer can claim against the seller for all consequences of claims make against the vessel which have been incurred prior to the time of delivery.
For the Petitioner, the relevant history of Hawaii begins with the Annexation Resolution, not in the previous era of sovereignty. Claims of sovereignty based upon the status or political standing of Natives prior to the 1893 coup are both mistaken and irrelevant. The Petitioner's Brief notes that at the time of their transfer, "these 'public lands' were held by the Republic of Hawaii free and clear of any encumbrances or trust obligations. None of the former citizens of the Hawaiian kingdom held any cognizable interest in these lands" (3).
That argument is wrong as a matter of law." On August 16, 2017, US District Court Judge David Hayes rejected AT&T;'s arguments and threw out the lawsuit. "A one-touch make-ready approach inherently regulates public rights-of-way because it reduces the number of encumbrances or burdens placed on public rights-of-way," Hale wrote. "The one-touch make-ready ordinance requires that all necessary make-ready work be performed by a single crew, lessening the impact of make-ready work on public rights-of-way.
The etymological root is Anglo-French lien, loyen "bond", "restraint", from Latin ligamen, from ligare "to bind". In the United States, the term lien generally refers to a wide range of encumbrances and would include other forms of mortgage or charge. In the US, a lien characteristically refers to nonpossessory security interests (see generally: Security interest—categories). In other common-law countries, the term lien refers to a very specific type of security interest, being a passive right to retain (but not sell) property until the debt or other obligation is discharged.
An abstractor [or abstracter] of title is a person who prepares and certifies the condensed history (known as an abstract of title) of the ownership of a particular parcel of real estate, consisting of a summary of the original grant and all subsequent conveyances and encumbrances affecting the property. In issuing title insurance, the insurer typically prepares a preliminary title report which serves the same purpose as an abstract. The legal effect of the preliminary title report varies from state to state. In some states, it is treated as an abstract, making the insurer liable for errors and omissions.
The registration of a ship mortgage is essential to have legal effects, though failure to register does not render the mortgage void: under Merchant Shipping Acts, any unregistered mortgagee cannot enjoy any benefits available. Even with the protection clause to the buyer in Norwegian Sales Form 1993, "the Sellers warrant that the Vessel, at the time of delivery, is free from all charters, encumbrances, mortgages and maritime liens or any other debts whatsoever." For buyers, registration of ships with mortgages is particularly important to avoid future litigation after sales due to claims related to unregistered mortgages.
Barry Pearson: Products from Camera Manufacturers that use DNG in some way Adobe Systems launched this DNG raw image format in September 2004. By September 2006, several camera manufacturers had started to announce support for DNG in newer camera models, including Leica, Samsung, Ricoh, Pentax, Hasselblad (native camera support); and, Better Light (export).Barry Pearson: DNG support, to end-September 2006 The Leica Digital- Modul-R (DMR) was first to use DNG as its native format.Barry Pearson: A brief history of DNG In September 2009 Adobe stated that there were no known intellectual property encumbrances or license requirements for DNG.
The difficulty experienced in meeting the heavy encumbrances on the impoverished estate fostered disputes in the family and drove close relatives into law with each other, much of which was both protracted and costly. It is possible that this financial difficulty caused him to refuse the requests of the poet Aodhagán Ó Rathaille to restore his land to him. This refusal caused Ó Rathaille to compose a bitter and mournful poem in which he launches a vitriolic attack on Browne. In later years however, the estate gained a sound financial position after portions of it were sold.
Players roll dice for initiative, with bonuses applied for Bloodlust. To attack, each character has a movement of six hexes, unless burdened by armor or other encumbrances. The attacker then roll three 6-sided dice, trying to total higher than the defender's pplicable talent rating. If the hit is successful, the attacker rolls two 6-sided die for damage, adds the character's Might, as well as any applicable weapon bonus, subtracts the amount of armor the defender is wearing and for Dodge if the defender successfully made a Dodge skill check; the balance is applied against the defender's BMC.
Another use of constructive notice is in the recording of deeds, mortgages, liens, and similar documents in county registries in the United States. Since such documents are considered public information and can be accessed by any member of the public, such recordings are considered constructive notice of land conveyances or encumbrances having taken place. In companies law the doctrine of constructive notice is a doctrine where all persons dealing with a company are deemed (or "construed") to have knowledge of the company's articles of association and memorandum of association. The doctrine of indoor management is an exception to this rule.
The only newspaper columnist Burroughs admired was Westbrook Pegler, a right-wing opinion shaper for the William Randolph Hearst newspaper chain. re-published Burroughs believed in frontier individualism, which he championed as "our glorious frontier heritage on minding your own business." Burroughs came to equate liberalism with bureaucratic tyranny, viewing government authority as a collective of meddlesome forces legislating the curtailment of personal freedom. According to his biographer Ted Morgan, his philosophy for living one's life was to adhere to a laissez-faire path, one without encumbrances – in essence a credo shared with the capitalist business world.
The peasants had to burden the many encumbrances they were charged with and in Martin Luther’s and the reformation’s stance they saw the affirmation that most of those were not provided for by the will of God. But Luther was not happy with the peasants’ revolts and their invoking him. Possibly he also saw their negative effect on the Reformation as a whole. He called upon the peasants and urged them to keep peace. He also wrote to the gents: “They set up twelve articles which of some are so just, that they do shame to you before God and world.
Open standards rely on a broadly consultative and inclusive group including representatives from vendors, academics and others holding a stake in the development that discusses and debates the technical and economic merits, demerits and feasibility of a proposed common protocol. After the doubts and reservations of all members are addressed, the resulting common document is endorsed as a common standard. This document is subsequently released to the public, and henceforth becomes an open standard. It is usually published and is available freely or at a nominal cost to any and all comers, with no further encumbrances.
As described in a film magazine, Lewis Vickers (Reid), a young American languishing in South America because he is "wanted" for a crime which was the result of an accident, comes across another American Hobart Lee (Reid) who greatly resembles him. That man dies and Vickers, to get back to the United States, decides to impersonate him. He is taken to the family group upon his arrival in New York City and soon finds himself possessed of the encumbrances and debts left by the former youth, which include a wife and three children. He is left a fortune, but discloses his identity and flees to Canada.
There does not appear to be any commitment from Adobe (or any other company) to submit CinemaDNG to a standards body such as ISO. However, they have repeatedly emphasized that it will be an open format, and Adobe has stated "CinemaDNG uses documented, vendor-neutral, standard formats for video and imaging – DNG, TIFF/EP, and MXF. The format is unencrypted and free from intellectual property encumbrances or license requirements".Adobe Labs: CinemaDNG File Format It is reasonable to speculate that eventually CinemaDNG will become a formal standard, based on the history of DNG itself which has been submitted to ISO for use in the revision of ISO 12234-2 (TIFF/EP).
The third-party management of property for the benefit of another is especially valuable for persons who have some form of incapacity, infirmity or are simply unwise with the use of money. Many create trusts to protect family members from themselves. It is not unusual to see a will in which four children get funds free of trust or any other encumbrances from their father but a fifth child's funds are all or mostly placed in trust. This is usually for good causedrug abuse, demonstrated inability to hold onto money, fear of divorce, criminal activity, a wish to see the funds go to grandchildren rather than one's own children, etc.
I did not come for that.” Indians who came to the United States as students or lecturers in the early 1900s found it impossible to avoid the country's racial conflict. Still, the perception of Indian Americans as foreigners sometimes helped provide for better treatment, especially in states where de jure segregation was in place. Often, Indians were treated the same as blacks, and in the South, they were forced to ride in segregated train cabins and use facilities for “coloreds only.” As opposed to being seen as black, in some states Indians were seen as outside of the traditional American racial spectrum, and consequently freed from the encumbrances that system entailed.
The opinion of most Panamanians (and most Latin Americans generally) about the fence in question was expressed a few days later by Colombia's ambassador to the Organization of American States: "In Panama there exists today another Berlin Wall."La República, (Bogota, Colombia), January 20, 1964. The opinion of most Americans in the Canal Zone is that there was no physical barrier between the Canal Zone and Panama, and one would simply walk, drive or otherwise move between the two at will with no impediment, checkpoints, gates or similar encumbrances. They cite the photographic evidence that exists as proof positive of their claims, including the cover of Life magazine from 1964.
Long's relationship with his father was at times strained, with disagreements over money and property, and what Long saw as his father's refusal to help him establish his political career, having contested South Wiltshire unsuccessfully in 1852. When he married in the following year, he and his wife Charlotte went to live at Dolforgan. He was worried about the increasing encumbrances placed on the estates by his father, who he believed was manipulating sales of portions of the settled estates to his future disadvantage. His mother died in 1856, and his father remarried a year later, which caused even more acrimony between the two.
Joshua Morris, a conveyancer in Philadelphia, and several colleagues met on March 28, 1876 to incorporate the first title insurance company. The new firm, Real Estate Title Insurance Company of Philadelphia, would "insure the purchasers of real estate and mortgages against losses from defective titles, liens and encumbrances," and that "through these facilities, transfer of real estate and real estate securities can be made more speedily and with greater security than heretofore." Morris' aunt purchased the first policy, valued at $1,500, to cover a home on North 43rd Street in Philadelphia.Craig, Mark R. Lawyer and Banker and Central Law Journal, 1932 25: 134, "What Is Title Insurance".
Eleanor Tobie, principal, Chaddock Boys’ School (1905) The name Chaddock College was retained until it was changed to the Chaddock Boys’ School, in 1899. At that time it was decided to make it a school exclusively for boys, and after that, it enjoyed an era of marked prosperity and growth, having paid off its debt, so that it was free from all financial encumbrances. About 1883, H. J. Vickers, of Adams county, gave to the school a large sum of money and this was used in the erection of a large three-story brick building with basement. It had and was used for a dormitory in connection with the school.
For example, a title report may also show any easements, or recorded encumbrances against the property or portions of the property. A previous owner may have legally given a neighbor the right to share the driveway, or the city may have a right to strips of the property for putting power lines, communication lines, water pipes, or sewer pipes. A few on-line services offer title searches for relatively little cost, and their accuracy is not inferior to what a title company or attorney will offer; however on-line businesses rely mostly on electronically available information, and for that reason could at times be limited both in completeness and geographical availability.
Lenders will insist on a warranty deed. Any liens or other encumbrances on the title to the real estate should be mentioned up front in the real estate contract, so the presence of these deficiencies would not be a reason for voiding the contract at or before the closing. If the liens are not cleared before by the time of the closing, then the deed should specifically have an exception(s) listed for the lien(s) not cleared. The buyer(s) signing the real estate contract are liable (legally responsible) for providing the promised consideration for the real estate, which is typically money in the amount of the purchase price.
In 1668 king Frederik III sold the Stange common area to chief district judge Nils Toller, who was interested in the lumber rights, with right of redemption by the king (see Odelsrett). On 29 August 1759 records show that it was auctioned and the king's right of redemption was exercised. King Christian VII again sold an area amounting to much of the current commons on 8 January 1789 to the Anker family for 15,155 Dano-Norwegian rigsdalers. The Anchors lumber business suffered economic setbacks and they sold it at auction along with the Morskogen and 17 lesser locations for 5,000 Norwegian speciedaler to settle encumbrances in 1822.
In "The Busboy", he claims to have an encyclopedic knowledge of the locations of the best public bathrooms in the city. He proves this in "The Bizarro Jerry" when he directs Kramer to "the best bathroom in midtown" at the offices of Brand/Leland, even describing the layout, marble, high ceiling and toilets that flush "like a jet engine". In "The Gymnast", he told Jerry that he always removes his shirt when using the bathroom because "it frees me up... no encumbrances". It is unclear if he dropped this habit after an embarrassing incident where he walked out of a bathroom shirtless at a lunch party attended by his girlfriend, her mom and other female members of her family.
The record title holder is not necessarily the actual owner of the land if there are previous unrecorded deeds to it to others. The principal legal theory is that once a person has conveyed the title to his or her property (or some aspect of it) to someone, he or she has nothing left to transfer to any subsequent person. However, as a result of the various state recording acts, the courts will protect a bona fide purchaser who pays valuable consideration and doesn't have knowledge of the prior unrecorded deed from the claims of a prior grantee under that deed. The same is true respecting most types of unrecorded liens or encumbrances.
In 1976, Pakistan asserted its ownership of the diamond, saying its return would be "a convincing demonstration of the spirit that moved Britain voluntarily to shed its imperial encumbrances and lead the process of decolonisation". In a letter to the Prime Minister of Pakistan, Zulfikar Ali Bhutto, the Prime Minister of the United Kingdom, James Callaghan, wrote, "I need not remind you of the various hands through which the stone has passed over the past two centuries, nor that explicit provision for its transfer to the British crown was made in the peace treaty with the Maharajah of Lahore in 1849. I could not advise Her Majesty that it should be surrendered".
In the absence of either type of notice a property claim is generally unenforceable against bona fide purchasers. Depending on applicable state law, an unrecorded private transfer fee covenant would generally be unenforceable against either the property or the purchaser, absent specific disclosure to the purchaser, and then would still likely be subordinate to certain subsequent claims recorded in the real property records. Payment In a typical transaction for the sale of real estate encumbered by a private transfer fee assessment, a contract for purchase of the real property is receipted at the title company. The title company then provides the prospective purchaser with a title commitment showing all encumbrances of record, including the transfer fee assessment.
The poem opens with formulaic humility: > I Never rested on the Muses bed, > Nor dipt my Quill in the Thessalian Fountaine, > My rustick Muse was rudely fostered, > And flies too low to reach the double mountaine. (1-4) The second verse clarifies that this "rusticity" is due in large part to the particular situation of the woman writer: > Perfection in a Woman's worke is rare > From an untroubled mind should Verses flow; > My discontents makes mine too muddy show; > And hoarse encumbrances of household care > Where these remaine, the muses ne're repaire. (6-10) Despite these caveats, the poem itself is generally agreed to be an accomplished pastoral that offers insight into the coterie culture of the period.
In 1953 Estates Acquisition Act came into force and the forests so long owned by private owners (big Zamindars) were vested to the government since 1954-55 and afterward were free from all encumbrances for scientific management and control. Subsequently, possession of the forests was being taken by the Forest Department gradually depending upon the availability of records, evidence, and Court's Orders. After the State (Govt.) took over, the forests were brought under scientific management. However, by this time, the productivity of the forests had gone down to such a level that they could not meet the growing demands of forest produces from ever-increasing population of fringe areas and the county as a whole.
In Tibetan Buddhism, it refers to pure awareness that is free of conceptual encumbrances, and is contrasted with vijnana, which is a moment of 'divided knowing'. Entrance to, and progression through the ten stages of Jnana/Bhimis, will lead one to complete enlightenment and nirvana.Gampopa's "Jewel Ornament of Liberation", especially the ten bhumis, where the absorption state or non-dual state, which characterizes all ten bhumis, in this well-respected traditional text, is equated to the state of jnana In the Vipassanā tradition of Buddhism there are the following ñanas according to Mahasi Sayadaw.The Progress of Insight: (Visuddhiñana-katha), by The Venerable Mahasi Sayadaw, translated from the Pali with Notes by Nyanaponika Thera (1994; 33pp.
And this, Wall argues, was a direct result of photojournalism, and the mass media and pop culture industries. > By divesting itself of the encumbrances and advantages inherited from older > art forms, reportage, or the spontaneous fleeting aspect of the photographic > image pushes toward a discovery of qualities apparently intrinsic to the > medium, qualities that must necessarily distinguish the medium from others > and through the self-examination of which it can emerge as a modernist art > on a plane with others. (pp. 76–78) The argument is that, unlike most other art forms, photography can profit from the capture of chance occurrences. Through this process – the snapshot, the "accidental" image – photography invents its own concept of the picture.
Any former proprietors would be compensated for the transfer value of properties allocated to the migrants, and the new settlers would enjoy a six-year tax holiday in respect of any property taxes (though they would remain subject to the same taxes on consumption as other citizens). In some of the many places where tracts of abandoned cultivable land had been identified, the elector's edict provided for the perpetual freehold of these to be allocated to his "French Protestant Comrades in Belief" ("Evangelisch-Reformirten Glaubens-Genossen"), free of mortgages or other encumbrances. Materials would be provided for refugee farmers to bring their land into cultivation and construct homes. A ten-year tax holiday was included in the package.
Patents remain a problem for any open-source GSM implementation, because it is not possible for GNU or any other free software distributor to guarantee immunity from all lawsuits by the patent holders against the users. Furthermore, new features are being added to the standard all the time which means they have patent protection for a number of years. The original GSM implementations from 1991 may now be entirely free of patent encumbrances, however patent freedom is not certain due to the United States' "first to invent" system that was in place until 2012. The "first to invent" system, coupled with "patent term adjustment" can extend the life of a U.S. patent far beyond 20 years from its priority date.
The necessity for attornment was abolished by an act of 1705. In mortgages, an attornment clause is a clause whereby the mortgagor attorns tenant to the mortgagee, thus giving the mortgagee the right to distrain, as an additional security. As used in modern legal transactions, the term attornment refers to an acknowledgment of the existence of the relationship of landlord and tenant. A tenant often has the duty under the tenant's lease, particularly in commercial leases, to provide an attornment upon request, and is required by a creditor or potential buyer of property from the landlord to establish the nature of existing encumbrances on and income streams flowing from a property, as an element of the due diligence process associated with the transaction.
Since, in contrast to the Torrens system, the registry is merely a record of all instruments related to the land, the "owner" as shown on the land registry record (or common known as "land search record" in Hong Kong) does not necessarily mean that he has a "good title", which means a title that is not defeasible or potentially defeasible. In a sale and purchase of land, a vendor is required to show a "good title" to the purchaser. Since the land search record is not conclusive, it leads to problems when a vendor has to prove his title, in particular when the land is old or involves multiple encumbrances. This may lead to litigation if the parties cannot agree on whether a good title is shown.
The articles also specified the wolna elekcja (free election) as the only way for any monarch's successor to assume the office, thus precluding any possibility of hereditary monarchy in the future. The Henrician Articles summarized the accumulated rights of Polish nobility, including religious freedom guarantees, and introduced further restrictions on the elective king; as if that were not enough, Henry also signed the so-called pacta conventa, through which he accepted additional specific obligations. Newly crowned Henry soon embarked on a course of action intended to free him from all the encumbrances imposed, but the outcome of this power struggle was never to be determined. One year after the election, in June 1574, upon learning of his brother's death, Henry secretly left for France.
Joshua H. Morris, a conveyancer in Philadelphia, and several colleagues met on 28 March 1876 to incorporate the first title insurance company to address the issue. The new firm, they stated, would "insure the purchasers of real estate and mortgages against losses from defective titles, liens and encumbrances," and that "through these facilities, transfer of real estate and real estate securities can be made more speedily and with greater security than heretofore." It took the name of The Real Estate Title Insurance Company of Philadelphia. Martha Morris, Joshua's aunt, purchased the first policy, valued at $1,500, on 24 June 1876 to cover a mortgage on a home on 718 North 43rd Street in Philadelphia.Harry K. Loper, “The Story of a Bank,” Landmark (March 1951): 6.
Although it dealt with a period twenty years earlier, this was the first book to shine a light on the so-called "Red Monastery" - the Leipzig University Faculty of Journalism. Those who knew about it had thus far kept their mouths shut for fear of reprisals, because although the faculty operated formally under the aegis of the university, it was in reality a training academy controlled by the Party Central Committee. Klump indicated that she herself had delayed publication for nineteen years in order sufficiently to distance herself from the emotional encumbrances of her time in Leipzig. When she fled to the west in 1957 she was, like all her fellow students, a "Civil reserve officer" ("Reserveoffiziersbewerber") of the German Democratic Republic.
If the ship cannot settle down all the mortgages and other claim attached to the ship before the delivery, the buyer can discharge the purchase price to cover this part of claim. Normally, the buyer would also retain part of the payment for around six months to secure there is no any claims and Maritime Liens of the ship. However, it is difficult for the buyer to terminate the contract even if the vessel still has some encumbrances, mortgages or maritime liens at the time of delivery. Under the English law, the "warranty" is a contractual promise which is not the condition of the contract, so the innocent party can only claim damages but not terminate the contract if there is breach of warranty.
Unfortunately, some of the land included was already mortgaged to someone else. In 1854, they put the estate up for sale, but because of the encumbrances, they did not receive much money from the land they could sell. Another strange event, a lawsuit filed in New York in 1856 in which Letitia sued Randel through her trustee, their son, for $1,390, may have been intended to scare off creditors. In 1858, some of their possessions were seized by Cecil County to pay off longstanding debts owed to a neighbor; several months later, their son, John M Randel, died at the age of 27, possibly from yellow fever. In 1859, Randel and Letitia filed a lawsuit in Maryland the intent of which was to get back some of their land.
Although in theory all property of the debtor that is not excluded from the estate under the Bankruptcy Code becomes property of the estate (i.e., is automatically transferred from the debtor to the estate) at the time of commencement of a case, an individual debtor (not a partnership, corporation, etc.) may claim certain items of property as "exempt" and thereby keep those items (subject, however, to any valid liens or other encumbrances). An individual debtor may choose between a "federal" list of exemptions and the list of exemptions provided by the law of the state in which the debtor files the bankruptcy case unless the state in which the debtor files the bankruptcy case has enacted legislation prohibiting the debtor from choosing the exemptions on the federal list. Almost 40 states have done so.
These he evaded by pledging his estate to Francis North, and afterwards mortgaging it to Sir Walter Plummer, fraudulently tendering him an affidavit that it was clear of all encumbrances. On 10 April 1668 Wright was returned to parliament for King's Lynn. In 1678 he was appointed counsel for the University of Cambridge, and in August 1679 he was elected deputy recorder of the town. In October 1678 he fell under suspicion of being concerned in the Popish Plot, Edward Coleman, one of the supposed ringleaders of the Plot, having been in his company the Sunday before he was committed to Newgate. On 31 October the matter was brought by the Speaker before the House of Commons, which ordered Wright’s chambers in Lincoln's Inn and his lodgings to be searched.
On the death of Thomas Thornes his widow retained possession of Shelvock, and married George Bold, but their right to the property was evidently disputed by the family, for in 1699 a deed of family settlement was executed, dated October 30, between them and several other relatives. By this deed it was agreed that all differences and lawsuits about the land and estate of the late Francis and Thomas Thornes were to cease. The Bolds were to hold for their lives and to keep in repair the capital messuage of Shelvock, the Heath Mill, and the demesne lands belonging to Shelvock, and several properties in Shotatton which were parcel of the demesne lands of Shelvock. After the deaths of the Bolds, the whole of the above were to belong in fee simple, free from encumbrances, to Francis Thornes' four daughters and their representatives.
A conditional sale is a real estate transaction where the parties have set conditions. A standard real estate transaction usually begins when a prospective purchaser submits an offer to purchase to the vendor of a property. As in a standard offer, a conditional offer sets out the terms of the sale such as the purchase price, the date of closing, the names of the parties, and the amount of any required deposit, but it also stipulates various conditions which must be met in order for the contract to be binding on the parties. These conditions may include approval by a co-purchaser, financing acceptable to the purchaser, the receipt and review of a survey showing that the buildings on the property comply with local zoning regulations, a title search showing no unacceptable liens or encumbrances, confirmation from the current mortgagee that the property is not in foreclosure, and the like.
The importance of flexible coordination between air, naval, and ground forces took much time to realize let alone implement during the Desert war. Finally, it was Tedder (Churchill's second choice for Middle East Commander when Air Vice-Marshal Owen Boyd was captured) who finally realized, despite the encumbrances of the current military dogma and commander egos, that every campaign must be planned and executed as a "joint operation" by all three forces. Soon after being named Air Officer Commanding of RAF Middle East in June 1941, Tedder said: "In my opinion, sea, land and air operations in the Middle East Theater are now so closely inter-related that effective coordination will only be possible if the campaign is considered and controlled as a combined operation in the full sense of that term."Dick, Ron and Dan Patterson, Aviation Century, World War II, Boston Mills Press, 2004, p. 71.
Tietjens is enjoying a brief period of calm, and a conversation with his sergeant, but soon, the noises of war begin. The bombardments which take place in this novel are perhaps less bloody and desperate than in No More Parades, though Tietjens does remember at one point the terrible death of O9 Morgan. Up to and even including the final explosive scene, with one notable exception, Tietjens’ emotional and psychological responses under fire are also subject to a greater sense of an evolving character. Ford, against the background of high tension, is carefully setting out the ways in which his hero will change. From the start of Part II the process is in train which culminates in Tietjens’ own declaration as to his place in the post-war world: he will retreat from his professional and personal encumbrances in order to live with Valentine and sell antiques to make a living.
The early popularity of national parks, like Banff and Yoho, created speculation about other potential parks, like one on Vancouver Island with access to the Pacific Ocean. The recreational potential of Long Beach was known and the nonprofit Canadian National Parks Association put forward the idea, in 1929, of it becoming a park. In 1930, at the request of the federal government, the provincial government placed a reserve on land in the Nitinat Lake area, and in 1948, the provincial government reserved land that would later become the Wickaninnish Beach Provincial Park. Reconnaissance trips by government representatives, one of them being Hugh Llewellyn Keenleyside, found insufficient rationale to establishing a park there at that time due to its remote and inaccessible location, outstanding forestry encumbrances, and with respect to its development as a health resort–type park, its cold waters, and fog, among other reasons.
The implied conditions are as to title (s 53 of the ACL, formerly s 69 of the TPA), quiet possession, freedom from encumbrances, fitness for purpose (s 55 of the ACL, formerly s 71 of the TPA), supply by description or sample (s 56, s 57) and that the goods are of acceptable quality (s 54 of the ACL, formerly s 66 of the TPA, which used the term "merchantable quality"). As a caveat, where the consumer guarantees are not that of title, undisturbed possession or undisclosed securities, they only apply if the goods or services in question are supplied in trade or commerce. The most important of these to a consumer is likely to be acceptable quality. If goods or services fail to reach a basic level of quality (considering the price of the goods/services) – that is they are defective, break, or do not do what they should do – then the ACL has been breached.
Historically Basiola's voice was located in a transitional, intermediate time between late 19th-century vocalism and verismo tastes, somewhat like Carlo Galeffi (also a student of Cotogni). While he lived and worked at a time when deformative tendencies were impinging on the interpretative forms of 19th-century repertoire, Basiola nurtured the legacy of his schooling: he was a high baritone, with a voice clear and free of the defects of the dramatic baritone, with its dark, opaque timbre acquired with artificiality and encumbrances in emission. Basiola also avoided the search for any easy effects that were outside of a purely vocal technical nature. Verismo vocalism, besides being antithetical to the search for “aristocratic” phrasing, tended to place the tessitura in the lower middle voice, causing other singers to forget the technical features that would allow them to dominate the high notes with ease, instead causing them to push in order to fatten the voice, which in turn weighed down its easy emission.
It may, however, be contended (though it is not by the counsel in this case) that the revised charter of 1871 introduced new impositions additional to the mere water rent, such as authorizing a penalty to be imposed by the Board of Public Works, if payment of the water rents were not made by a certain time, and a heavy rate of interest on rents continuing in arrear. But we look upon these provisions as merely intended to enforce prompt payment and as incidental regulations appropriate to the subject. The law which authorized these coercive measures gave to mortgagees and judgment creditors the right to pay the rents and to have the benefit of the lien thereof, so that it was in their own power to protect themselves from any such penalties and accumulations of interest. They are analogous to the costs incurred in the foreclosure of the first mortgage, which have the same priority as the mortgage itself over subsequent encumbrances.
Early Autumn on Esopus Creek (circa 1861-1897), by Alfred Thompson Bricher In 1704 a group of farmers in Hurley petitioned the colonial governor, Viscount Cornbury, for some of the undeveloped land to their west along the creek to use as common pasture and firewood, since they were getting squeezed by Kingston to their east and Marbletown to the south. The petition was put off for several years while it was ostensibly being surveyed, and in 1706 a grant of 2 million acres (8,000 km2) was made to Johannes Hardenbergh and a group of investors starting from the same point along the Esopus near Kingston and going out to the Delaware River, taking not only all of Ulster County to the west but much of today's Delaware and Sullivan counties as well. The Hardenbugh Patent, as it became known, is the source of many of the land titles in the Catskills today, although its legitimacy was contested from the beginning, a dispute which continued until after the Revolution, aggravated by inadequate surveys of the region. Encumbrances remained on many properties into the 20th century.

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