English Legal History and its Materials

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ArmorieDelamirie 16 - 20 Dec 2008 - Main.CarolDeMartino
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Armorie v. Delamirie (1722) K.B., 1 Strange 505, 93 ER 664

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 Repeated violations of Goldsmiths' Company regulations are noted throughout De Lamerie's career. In 1714, he was fined for "not having his work hallmarked"; further complaints were filed the following November because the fine remained unpaid. In 1715, he was accused of passing off work made by others as his own. Similar charges were made the next year. By 1717, he was known as the King's Silversmith, but was also named in a complaint for making and selling unmarked wares. In 1722, he was, of course, accused of cheating Armory, the chimneysweep's boy. And in 1726, he was involved in the trial of Robert Dingley, a goldsmith involved in exporting silver to Russia. Dingley was preparing to ship a large number of silver wares when the Goldsmiths' Company tried to intercept his shipment on the suspicion that pieces were not assayed and that the requisite duty was unpaid. Much of the wares, in fact, were unmarked, and around half of the goods were supplied by Paul De Lamerie. Nevertheless, Dingley avoided inspection by distracting Company officials in a tavern while the goods were being loaded and dispatched overseas.
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While these violations did not affect De Lamerie's business in any significant way, in his extensive biography of De Lamerie, P.A.S. Phillips refers to Armory v. Delamirie as an "extraordinary incident in his career, which was to bring him into a different sphere of fame, although quite unintentionally and unexpectedly on his part."
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In his extensive biography of De Lamerie, P.A.S. Phillips refers to Armory v. Delamirie as an "extraordinary incident in his career, which was to bring him into a different sphere of fame, although quite unintentionally and unexpectedly on his part." Nevertheless, while the suit was to become "one of the leading cases of the law of the land and to be known afterwards as ruling the law as to 'trover'", De Lamerie's business remained unaffected by his involvement in this or any other violation of Goldsmiths' Company regulations.
 
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[to be continued]
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Prior to the lawsuit, De Lamerie's business had been flourishing. In 1717, he was admitted to the livery of the Goldsmiths' Company and would eventually secure the highest post offered by the Company, Prime Wardenship. By 1723, De Lamerie could already count members of the nobility and wealthy middle class at clients. Nevertheless, Susan Hare notes that "in spite of his title of King's Silversmith there is little evidence that he was fulfilling royal orders." Little question exists, however, in classifying De Lamerie as a shrewd businessman. Evidence introduced in Armory v. Delamirie reveals that in addition to a workshop, De Lamerie also kept an "open shop for ordinary trading purposes" where he also dealt in jewelry. This is confirmed by a document issued after his death for sale of his stock by auction. Hare notes that De Lamerie was a man of considerable wealth based on the "considerable investments in property he began making early in 1733" and "from his lending money on mortgage." Nevertheless, despite his wealth, when De Lamerie's father died in 1735, he was given a pauper's burial at St. Anne's Church, suggesting a certain callousness on the part of his son.
 
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Prior to the lawsuit, De Lamerie's business had been flourishing. In 1717, he was admitted to the livery of the Goldsmiths' Company and would eventually secure the highest post offered by the Company, Prime Wardenship. Evidence introduced in the case revealed that in addition to a workshop, De Lamerie also kept an "open shop for ordinary trading purposes" where he also dealt in jewelry. This is confirmed by a document issued after his death for sale of his stock by auction.
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In a recent article, De Lamerie is referred to as a "pioneer of what became the Industrial revolution, operating a workshop or factory with a retail arm; he also began by making all the works that bore his maker's mark himself, then devising a system whereby his designs were manufactured by other craftsmen working under his supervision." De Lamerie designed but probably did not assist in constructing his masterpiece of Rococo style, the Maynard dish. E. Alfred Jones also states De Lamerie had "collaborators and apprentices just as had Vandyck and Rubens and other artists."
 
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In a recent article, De Lamerie is referred to as a "pioneer of what became the Industrial revolution, operating a workshop or factory with a retail arm; he also began by making all the works that bore his maker's mark himself, then devising a system whereby his designs were manufactured by other craftsmen working under his supervision." De Lamerie designed but probably did not assist in constructing his masterpiece of Rococo style, the Maynard dish.
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Other Articles on De Lamerie
 
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Exhibition Review: Tessa Murdoch reviews an international exhibition of De Lamerie silver at the London Goldsmiths' Company, from The Burlington Magazine (1990).
 
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Book Review: W.W. Watts reviews P.A.S. Phillips' biography of De Lamerie, from the Burlington Magazine (1935).
 
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* Paul_De_Lamerie,_Goldmsith.pdf: "Paul De Lamerie, Goldsmith" from The Burlington Magazine (1920)
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The Work of Paul De Lamerie
 
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* Paul_de_Lamerie.pdf: Review of exhibition, from The Burlington Magazine (1990)

De Lamerie ranks as one of the finest and most prolific silversmiths of his time. Below are links to images of De Lamerie's work:

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De Lamerie ranks as one of the finest and most prolific silversmiths of his time. Below are links to images of his work:
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ArmorieDelamirie 15 - 20 Dec 2008 - Main.CarolDeMartino
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Armorie v. Delamirie (1722) K.B., 1 Strange 505, 93 ER 664

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ArmorieDelamirie 14 - 19 Dec 2008 - Main.AlexFeerst
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Armorie v. Delamirie (1722) K.B., 1 Strange 505, 93 ER 664

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 Armory is considered “one of the first instances of spoliation of evidence. Under this evidentiary rule, courts presume that evidence a party has concealed or destroyed would have been injurious to their case, based on the interpretive canon omnia praesumuntur contra spoliatorem, ('all things' against the spoliator of the evidence). See Ariel Porat, Liability Under Uncertainty: Evidential Deficiency and the Law of Torts 11 (2001); Margaret M. Koesel et al, Spoliation of Evidence ix-x (2006).
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Though it may not have been the court's intention, the great disparity in wealth and status between the two parties underscores the two rules announced in this case -- that one who finds property, even a climbing boy, holds title in it against the world, even the King's Silversmith, and that anyone who spoliates evidence, even one in so comparatively reputable a position as De Lamirie was compared to Armorie, will have all things presumed against him.
 Interpellating Armory: Chimney Sweeps and their Apprentices

Legal historian A.W. Brian Simpson has this to say about the problem of tracking down Armory, the chimney sweep's apprentice:

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 Short of finding the climbing boy at the center of this case, this section tries to do the next best thing -- to gather as much information as possible that is likely to describe someone in Armory's position.
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Relevant Historiography
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Historiography
 Kathleen H. Strange, Climbing Boys: A Study of Sweeps' Apprentices, 1773-1875 (1982), Ch. 2
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 "Chimney-sweepers' apprentices, for example, loom large in the popular historical imagination but were very small in number. Much of their high visibility resulted from the campaigning of Jonas Hanway in the eighteenth century and Lord Shaftesbury and Charles Kingsley in the nineteenth [in the 1863 novel The Water Babies]. In 1841, the number of sweeps' apprentices aged below 10 in London was estimated by Mayhew to be 370 (at a time when London's population numbered 2.2 million). Hanway estimated that in 1785 there were 400 to 550 climbing boys in London, and an estimate from seven years later supposed their number to be 500. . . According to the census of 1851, there were 1107 British chimney-sweeps aged below 15 in Britain."
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The Mechanics of Climbing

Mayhew records these comments on technique from a chimney sweep living in Bethnal Green in the 1840s:

"There are two or three ways of climbing. In wide flues, you climb with your elbows and your legs spread out, your feet pressing against the sides of the flue, but in narrow flues, such as nine-inch ones, you must slant it; you must have your sides in the angles, it's widest there, and go up that way."

Mayhew describes:

"Here he threw himself into position -- placing one arm close to his side, with the palm of his hand turned outwards, as if pressing the side of the flue, and extending the other arm high above his head, the hand apparently pressing in the same manner."

Here are two sketchs of four boys in various flue-cleaning positions, and another of four boys in adjacent flues.

 Scrotum Cancer

Soot and the chemicals it contained led to a notably high rate of scrotal cancer among chimney sweep's boys.

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In a statement to the Children's Employment Commission (1863), Thomas Clarke, Master Sweep of Nottingham remarked:

"I have known eight or nine sweeps lost their lives by the sooty cancer. The private parts which is seizes are entirely eaten off caused entirely by 'sleeping black,' and breathing the soot in all night."

 Brown & Thornton, Percivall Pott & Chimney Sweepers' Cancer of the Scrotum (1957)

Pott's 1775 treatise, Chirurgical observations Relative to the Cataract, the Polypus of the Nose, the Cancer of the Scrotum, . . . [etc.], which includes an account of scrotum cancer among chimney sweepers has been cited as the first description of an occupational cancer:

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 ". . . in spite of every other condition which may be regarded as favourable to the disease, including the employment of children as 'climbing boys,' it is really almost unknown in those countries."
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Here's an image of a German chimney sweep, suited up and bearing a striking resemblance to a ninja.
 Walter Jacobson, Diseases of the Male Organs of Generation (1893)

Jacobson argues against Butlin's belief in the protective properties of specialized clothing and also departs from medical consensus holding that improved sweeping technology has reduced the incidence of cancer by allowing one to sweep from below rather than inside the chimney. Instead, Jacobson proposes:

"A more important explanation than the intersection of machinery, is to be found in the fact that chimney-sweeps, being no longer employed in boyhood, the delicate scrotal skin is not exposed so early or so long to the irritation of soot."

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Climbing Boys in Literature and Art
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The Art of Sweeping
 William Blake published two versions of his poem "The Chimney Sweep," once in Songs of Innocence (1789) and then in Songs of Experience (1794).
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Here's an image of some climbing boys, still black with soot, tucking into a meal and some ale.
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Here's an of some climbing boys, still black with soot, tucking into a meal with some ale.
 

A recent image of a Sweep's Apprentice

Another image

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An image of a widow selling her son into an apprenticeship with a chimney sweep.
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An image of a widow selling her son into an apprenticeship with a chimney sweep.
 Paul De Lamerie
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 Since it came down, the case has appeared in legal treatises on property, evidence, and tort law, judicial opinions, and case books on property law.
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Here's a 2007 article by a barrister who advocates overturning the Armory rule because negligent lawyers now risk getting caught in a net designed for dishonest goldsmiths.
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Application of the Armory rule has broadened over time. Here's a 2007 article by a barrister who advocates overturning the Armory rule because negligent lawyers now risk getting caught in a net designed for dishonest goldsmiths.
 Occasionally, one can even find an Armory v. Delamirie memorabilia print available for auction on ebay.

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ArmorieDelamirie 13 - 18 Dec 2008 - Main.CarolDeMartino
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Armorie v. Delamirie (1722) K.B., 1 Strange 505, 93 ER 664

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 Paul De Lamerie
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Much more is known about the defendant, goldsmith Paul De Lamerie (spelled Delamirie in legal texts). De Lamerie was born in 1688 in the Netherlands to French Huguenot parents. The family soon moved to England. Little is known of De Lamerie's early education, but in 1703, he was apprenticed to Peter Platel, a London goldsmith, for a seven year term. Platel was a well-regarded and elegant silversmith, and de Lamerie was an ambitious apprentice. In 1711, his apprenticeship has ended and De Lamerie made arrangements to start his own workshop. By 1713, he had entered his maker's mark at the Assay Office in the Goldsmiths' Hall and gave his address as "in Windmill Street near the Haymarket."
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Much more is known about the defendant, goldsmith Paul De Lamerie (spelled Delamirie in legal texts). De Lamerie was born in 1688 in the Netherlands to French Huguenot parents. The family soon moved to England. Little is known of De Lamerie's early education, but in 1703 he was apprenticed to Peter Platel, a London goldsmith, for a seven year term. Platel was a well-regarded and elegant silversmith, and de Lamerie was an ambitious apprentice. In 1711, his apprenticeship ended and De Lamerie made arrangements to start his own workshop. By 1713, he had entered his maker's mark at the Assay Office in the Goldsmiths' Hall and gave his address as "in Windmill Street near the Haymarket."
 Repeated violations of Goldsmiths' Company regulations are noted throughout De Lamerie's career. In 1714, he was fined for "not having his work hallmarked"; further complaints were filed the following November because the fine remained unpaid. In 1715, he was accused of passing off work made by others as his own. Similar charges were made the next year. By 1717, he was known as the King's Silversmith, but was also named in a complaint for making and selling unmarked wares. In 1722, he was, of course, accused of cheating Armory, the chimneysweep's boy. And in 1726, he was involved in the trial of Robert Dingley, a goldsmith involved in exporting silver to Russia. Dingley was preparing to ship a large number of silver wares when the Goldsmiths' Company tried to intercept his shipment on the suspicion that pieces were not assayed and that the requisite duty was unpaid. Much of the wares, in fact, were unmarked, and around half of the goods were supplied by Paul De Lamerie. Nevertheless, Dingley avoided inspection by distracting Company officials in a tavern while the goods were being loaded and dispatched overseas.

ArmorieDelamirie 12 - 18 Dec 2008 - Main.CarolDeMartino
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Armorie v. Delamirie (1722) K.B., 1 Strange 505, 93 ER 664

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 Paul De Lamerie
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Much more is known about the defendant, goldsmith Paul De Lamerie (spelled Delamirie in legal texts). De Lamerie was born in 1688 in the Netherlands to French Huguenot parents. The family soon moved to England. Little is known of De Lamerie's early education, but in 1703, he was apprenticed to Peter Platel, a London goldsmith, for a seven year term. Platel was a well-regarded and elegant silversmith, and de Lamerie was an ambitious apprentice. In 1711, his apprenticeship has ended and De Lamerie made arrangements to start his own workshop. By 1713, he had entered his maker's mark at the Assay Office in the Goldsmiths' Hall and gave his address as "in Windmill Street near the Haymarket."

Repeated violations of Goldsmiths' Company regulations are noted throughout De Lamerie's career. In 1714, he was fined for "not having his work hallmarked"; further complaints were filed the following November because the fine remained unpaid. In 1715, he was accused of passing off work made by others as his own. Similar charges were made the next year. By 1717, he was known as the King's Silversmith, but was also named in a complaint for making and selling unmarked wares. In 1722, he was, of course, accused of cheating Armory, the chimneysweep's boy. And in 1726, he was involved in the trial of Robert Dingley, a goldsmith involved in exporting silver to Russia. Dingley was preparing to ship a large number of silver wares when the Goldsmiths' Company tried to intercept his shipment on the suspicion that pieces were not assayed and that the requisite duty was unpaid. Much of the wares, in fact, were unmarked, and around half of the goods were supplied by Paul De Lamerie. Nevertheless, Dingley avoided inspection by distracting Company officials in a tavern while the goods were being loaded and dispatched overseas.

While these violations did not affect De Lamerie's business in any significant way, in his extensive biography of De Lamerie, P.A.S. Phillips refers to Armory v. Delamirie as an "extraordinary incident in his career, which was to bring him into a different sphere of fame, although quite unintentionally and unexpectedly on his part."

[to be continued]

Prior to the lawsuit, De Lamerie's business had been flourishing. In 1717, he was admitted to the livery of the Goldsmiths' Company and would eventually secure the highest post offered by the Company, Prime Wardenship. Evidence introduced in the case revealed that in addition to a workshop, De Lamerie also kept an "open shop for ordinary trading purposes" where he also dealt in jewelry. This is confirmed by a document issued after his death for sale of his stock by auction.

In a recent article, De Lamerie is referred to as a "pioneer of what became the Industrial revolution, operating a workshop or factory with a retail arm; he also began by making all the works that bore his maker's mark himself, then devising a system whereby his designs were manufactured by other craftsmen working under his supervision." De Lamerie designed but probably did not assist in constructing his masterpiece of Rococo style, the Maynard dish.

 * Paul_De_Lamerie,_Goldmsith.pdf: "Paul De Lamerie, Goldsmith" from The Burlington Magazine (1920)

* Paul_de_Lamerie.pdf: Review of exhibition, from The Burlington Magazine (1990)

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Below are links to images of De Lamerie's work:

* de_lamerie_cup_with_cover: 1742

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De Lamerie ranks as one of the finest and most prolific silversmiths of his time. Below are links to images of De Lamerie's work:
 
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* basket: 1744-45
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Shells: 1724-25
 
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* candlesticks: 1738-39
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Taperstick: 1726-27
 
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* shells: 1724-25
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Coffeepot: 1728-29
 
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* Newdigate: 1743-44
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Newdigate: 1743-44
 
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Basket: 1744-45
 Armory in Motion
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 Here's a 2007 article by a barrister who advocates overturning the Armory rule because negligent lawyers now risk getting caught in a net designed for dishonest goldsmiths.
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Occasionally, one can even find an Armory v. Delamirie memorabilia print available for auction on ebay.

 
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META FILEATTACHMENT attachment="review_of_De_Lamerie_biography.pdf" attr="" comment="Review of Phillips' De Lamerie biography, from the Burlington Magazine (1935)" date="1228328613" name="review_of_De_Lamerie_biography.pdf" path="C:\Documents and Settings\new_libnet_user\My Documents\review of De Lamerie biography.pdf" size="700700" stream="C:\Documents and Settings\new_libnet_user\My Documents\review of De Lamerie biography.pdf" user="Main.CarolDeMartino" version="1"
META FILEATTACHMENT attachment="de_lamerie_cup_with_cover" attr="" comment="image of Cup with Cover, De Lamerie, 1742" date="1228328862" name="de_lamerie_cup_with_cover" path="C:\Documents and Settings\new_libnet_user\My Documents\de lamerie cup with cover" size="78150" stream="C:\Documents and Settings\new_libnet_user\My Documents\de lamerie cup with cover" user="Main.CarolDeMartino" version="1"
Deleted:
<
<
META FILEATTACHMENT attachment="basket" attr="" comment="Basket, 1744-45" date="1228329517" name="basket" path="C:\Documents and Settings\new_libnet_user\My Documents\basket" size="102982" stream="C:\Documents and Settings\new_libnet_user\My Documents\basket" user="Main.CarolDeMartino" version="1"
META FILEATTACHMENT attachment="candlesticks" attr="" comment="1738-39" date="1228329678" name="candlesticks" path="C:\Documents and Settings\new_libnet_user\My Documents\candlesticks" size="119242" stream="C:\Documents and Settings\new_libnet_user\My Documents\candlesticks" user="Main.CarolDeMartino" version="1"
META FILEATTACHMENT attachment="shells" attr="" comment="1724-25" date="1228329823" name="shells" path="C:\Documents and Settings\new_libnet_user\My Documents\shells" size="78404" stream="C:\Documents and Settings\new_libnet_user\My Documents\shells" user="Main.CarolDeMartino" version="1"
META FILEATTACHMENT attachment="Newdigate" attr="" comment="1743-44" date="1228329878" name="Newdigate" path="C:\Documents and Settings\new_libnet_user\My Documents\Newdigate" size="79223" stream="C:\Documents and Settings\new_libnet_user\My Documents\Newdigate" user="Main.CarolDeMartino" version="1"
 
META FILEATTACHMENT attachment="Armory_in_Indermaur.pdf" attr="" comment="John Indermauer, Principles of the Common Law 275 (1880)" date="1229547096" name="Armory_in_Indermaur.pdf" path="Armory in Indermaur.pdf" size="387649" stream="Armory in Indermaur.pdf" user="Main.AlexFeerst" version="1"
META FILEATTACHMENT attachment="Jacobson_scrotum_cancer.pdf" attr="" comment="From Walter Jacobson, Diseases of the Male Organs of Generation (1893)" date="1229547166" name="Jacobson_scrotum_cancer.pdf" path="Jacobson scrotum cancer.pdf" size="958583" stream="Jacobson scrotum cancer.pdf" user="Main.AlexFeerst" version="1"
META FILEATTACHMENT attachment="climbing_boys_strange_ch_2.pdf" attr="" comment="K.H. Strange, The Climbing Boys, Ch. 2" date="1229547254" name="climbing_boys_strange_ch_2.pdf" path="climbing boys strange ch 2.pdf" size="240375" stream="climbing boys strange ch 2.pdf" user="Main.AlexFeerst" version="1"
Line: 137 to 149
 
META FILEATTACHMENT attachment="cullingford_title_page.pdf" attr="" comment="Cullingford title page" date="1229547559" name="cullingford_title_page.pdf" path="cullingford title page.pdf" size="5226" stream="cullingford title page.pdf" user="Main.AlexFeerst" version="1"
META FILEATTACHMENT attachment="strange_title_page.pdf" attr="" comment="K.H. Strange, title page" date="1229547590" name="strange_title_page.pdf" path="strange title page.pdf" size="46094" stream="strange title page.pdf" user="Main.AlexFeerst" version="1"
META FILEATTACHMENT attachment="widow_sells_son_image.pdf" attr="" comment="widow sells son image" date="1229619884" name="widow_sells_son_image.pdf" path="widow sells son image.pdf" size="136985" stream="widow sells son image.pdf" user="Main.AlexFeerst" version="1"
Added:
>
>
META FILEATTACHMENT attachment="ebay.pdf" attr="" comment="" date="1229630242" name="ebay.pdf" path="ebay.pdf" size="1769298" stream="ebay.pdf" user="Main.CarolDeMartino" version="1"
META FILEATTACHMENT attachment="coffeepot.pdf" attr="" comment="Coffeepot" date="1229631576" name="coffeepot.pdf" path="coffeepot.pdf" size="1031550" stream="coffeepot.pdf" user="Main.CarolDeMartino" version="2"
META FILEATTACHMENT attachment="taperstick.pdf" attr="" comment="" date="1229631191" name="taperstick.pdf" path="taperstick.pdf" size="67466" stream="taperstick.pdf" user="Main.CarolDeMartino" version="1"
META FILEATTACHMENT attachment="basket.pdf" attr="" comment="Basket" date="1229631559" name="basket.pdf" path="basket.pdf" size="105196" stream="basket.pdf" user="Main.CarolDeMartino" version="1"
META FILEATTACHMENT attachment="Newdigate.pdf" attr="" comment="Newdigate" date="1229631595" name="Newdigate.pdf" path="Newdigate.pdf" size="81435" stream="Newdigate.pdf" user="Main.CarolDeMartino" version="1"
META FILEATTACHMENT attachment="shells.pdf" attr="" comment="Shells" date="1229631613" name="shells.pdf" path="shells.pdf" size="80616" stream="shells.pdf" user="Main.CarolDeMartino" version="1"
META FILEATTACHMENT attachment="Paul_de_Lamerie_from_the_Cahn_Collection.webarchive" attr="" comment="" date="1229632655" name="Paul_de_Lamerie_from_the_Cahn_Collection.webarchive" path="Paul de Lamerie from the Cahn Collection.webarchive" size="214820" stream="Paul de Lamerie from the Cahn Collection.webarchive" user="Main.CarolDeMartino" version="1"
META FILEATTACHMENT attachment="IMG_0727.pdf" attr="" comment="" date="1229633624" name="IMG_0727.pdf" path="IMG_0727.pdf" size="2867901" stream="IMG_0727.pdf" user="Main.CarolDeMartino" version="1"

Revision 16r16 - 20 Dec 2008 - 17:54:21 - CarolDeMartino
Revision 15r15 - 20 Dec 2008 - 15:08:39 - CarolDeMartino
Revision 14r14 - 19 Dec 2008 - 16:41:36 - AlexFeerst
Revision 13r13 - 18 Dec 2008 - 22:16:52 - CarolDeMartino
Revision 12r12 - 18 Dec 2008 - 20:56:16 - CarolDeMartino
Revision 11r11 - 18 Dec 2008 - 17:07:02 - AlexFeerst
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