Water law in the United States

Water law in the United States refers to the Water resources law laws regulating water as a resource in the United States. Beyond issues common to all jurisdictions attempting to regulate water's uses, water law in the United States must contend with:
The law governing these topics derives from all layers of US law. Some derives from common law principles which have developed over centuries, and which evolve as the nature of disputes presented to courts change. For example, the judicial approach to landowner rights to divert surface waters has changed significantly in the last century as public attitudes about land and water have evolved. Some derives from state statutory law. Some derives from the original public grants of land to the states and from the documents of their origination. Some derives from state, federal, and local regulation of waters through zoning, public health, and other regulation. (Federally recognized tribes may have water rights, but non-federally recognized Indian tribes generally do not.)
Common law sources of water law.
The United States inherited the British common law system which develops legal principles through judicial decisions made in the context of disputes between parties. Statutory and constitutional law forms the framework within which these disputes are resolved, to some extent, but decisional law developed through the resolution of specific disputes is the great engine of water law.
At common law any rights to water must be claimed based on a claim against the land over which water flows or rests. A downstream landowner can bring an action against an upstream owner for excessively diminishing the quantity and quality of water arriving at a downstream location.
Water Disputes arise in a number of contexts. When the state, local, or federal government takes private property that has water rights associated with private ownership, the value of that property is significantly affected by its water rights. And, properties located along public waters are quite common, because of the importance of public waters to commerce, the environment, and recreation. These taking cases represent a major source of the law defining the limits of private rights in water and public rights.
A second context for the development of water law arises from disputes among private parties over the extent of their respective water rights; e.g., a landowner upstream seeks to cut off the flow of surface water downstream and appropriate these surface waters for its exclusive use. The downstream owner claims that the upstream landowner has appropriated water that belongs to its property. A downstream owner seeks to stop the flow of excess water that will otherwise flood its land thereby increasing flood damage on the upstream owner. Each party claims that the other's conduct interferes with the rights associated with their respective ownership of the property.
The third context for water law arises from disputes regarding flooding or other invasions of private property by water. In these cases, the private party claims that private or public actions have damaged its private property, and the court must decide the nature of the respective rights of public and private parties arising from the alteration of the hydrology of a watershed.
It is important to recognize that there are both private and public 'rights' associated with the water, but that ownership of the water under common law is likened to claiming to "own" sunlight. Water must be legally appropriated before it is 'owned', and regulations on appropriation are typically controlled by government agencies and case laws. Who has domain over water is typically based on who owns the underlying soils, but Local, State and Federal regulations often limit the amount and type of uses to which water can be used in order to protect downstream users rights. At some point, before the water reaches the ocean it amasses sufficient size that the underlying lands become owned by the Nation or State in which they are situated. At this point (defined as the upper limits of navigation) individual rights give way to the superior rights of the public.
Riparian rights.
The Eastern states (all those east of Texas, except Mississippi), follow the riparian doctrine, which permits anyone whose land has frontage on a body of water to use water from it. These states were the first settled by Europeans (and therefore most influenced by English law) and have the most available water. The Supreme Court has explained the evolution of riparian principles in United States v. Gerlach Livestock (1950)
In the middle of the Eighteenth Century, English common law included a body of water doctrine known as riparian rights. As long ago as the Institutes of Justinian, running waters, like the air and the sea, were "res communes" -- things common to all and property of none. Such was the doctrine spread by civil-law commentators and embodied in the Napoleonic code and in Spanish law. This conception passed into the common law. From these sources, but largely from civil-law sources, the inquisitive and powerful minds of Chancellor Kent and Mr. Justice Story drew in generating the basic doctrines of American water law.
The riparian concept developed fully in those portions of the United States where lands were amply watered by rainfall. United States v. Gerlach, supra. The Court's decision continues:
The primary natural asset was land, and the run-off in streams or rivers was incidental. Since access to flowing waters was possible only over private lands, access became a right annexed to the shore. The law followed the principle of equality which requires that the corpus of flowing water become no one's property and that, aside from rather limited use for domestic and agricultural purposes by those above, each riparian owner has the right to have the water flow down to him in its natural volume and channels unimpaired in quality. The riparian system does not permit water to be reduced to possession so as to become property which may be carried away from the stream for commercial or nonriparian purposes. In working out details of this egalitarian concept, the several states made many variations, each seeking to provide incentives for development of its natural advantages.
A number of rights may be listed as riparian rights. One court, in McLafferty v. St. Aubiin, 500 N.W.2d 165 (Minn. App. 1993), has listed the following:
In addition to these rights, riparian rights may include the right to access the water, the right to use or consume, the right to use the ground of non-public waters, and the right to use land that is added to the extent of the adjoining property by accretion.
Prior appropriation.
Most western states, naturally drier, generally follow the prior appropriation doctrine, which gives a water right to whoever first puts water to beneficial use. Colorado, where the prior appropriation doctrine first developed, was generally looked to as the model by other Western states that adopted the prior appropriation doctrine. Water law in the western United States is defined by state constitutions (e.g., Colorado, New Mexico), statutes, and case law. Each state exhibits variations upon the basic principles of the prior appropriation doctrine. Texas and the states directly north of it; the West Coast states, and Mississippi have a mixture of systems. Hawaii uses a form of riparian rights, and Alaska uses appropriation-based rights.
In some states Surface water, lakes, rivers, and springs, are treated differently from ground water underground water that is extracted by drilling wells; however, In other states surface and ground water are managed conjunctively. For example, in New Mexico, surface and ground water have been managed together since the 1950s. This trend comes from a growing scientific understanding of the formerly mysterious behavior of underground water systems. For instance, gradual contamination of some water supplies with salt has been explained with the knowledge that drawing water from a well creates a gradual seepage into the well area, potentially contaminating it and surrounding areas with seawater from a nearby coast. Such knowledge is useful for understanding the effects of human activity on water supplies but can also create new sources of conflict.
A variety of federal, state, and local laws govern water rights. One issue unique to America is the law of water with respect to American Indians. Tribal water rights are a special case because they fall under neither the riparian system nor the appropriation system but are outlined in the Winters v. United States decision. Indian water rights do not apply to non-federally recognized tribes.
Federally recognized Indian tribes and water law.
Tribes within Reservations.
Reserved Native American water rights are commonly known as Winters" rights"', determined by the "Winters" and "Arizona v. California" cases.
Indian tribes have sole rights to water only after they have determined practicable irrigable acreage (PIA). According to legal scholar Bruce Duthu, tribes must prove that the requested amount of water is needed for their land and construct facilities to save it.
Example: Winters v. United States.
"Winters v. United States" (1908) involved the Fort Belknap Indian Reservation, created by the 1888 agreement with the federal government. This agreement made one boundary of the reservation a part of the Milk River, but it did not mention water rights to that river. Afterwards, non-Indian settlers off the reservation constructed dams in the river that interfered with the tribe's agricultural use of the water. The settlers claimed appropriative rights after the reservation had been established, but before the tribe began to use the water. The Supreme Court held that the water rights were automatically reserved by the 1888 agreement that created the reservation. The Court assumed the Indians would not reserve lands for farming without also reserving the water that would make such farming possible.
Example: Arizona v. California.
In "Arizona v. California" (1963), the Court had to determine water rights of tribes along the Colorado River whose reservations were established by both statute and executive order. The Court held that the statute or executive order could not have meant to establish reservations without also reserving the use of water for the productivity of the tribes. Therefore, the Court held the water rights were effectively reserved at the time of the reservation's creation. Arizona v. California also concerned the quantity of water reserved. The Supreme Court ruled that the tribes were entitled to enough water to irrigate all the "practicable irrigable acreage" on the reservation.
Non-Native American purchaser's rights
1. A Native American allotee is entitled to the share of the reservation's water that is needed to irrigate their land.
2. When a Native American sells their allotment to a non-Native American, the purchaser acquires the allotment's reserved water rights.
3. The priority date of those rights remains the date when the reservation was created.
4. Non-Native American allottees can lose their water rights to non-use.
"Winters" rights as property
"Winters" rights coming from a treaty or statute creating a reservation are property to which title is recognized. When a reservation is created by an executive order, "the tribal title is unrecognized for Fifth Amendment purposes."
Tribes Not within reservations.
Cherokee water rights.
This court case defined the place of Native American tribes in the modern court. It involved water rights in the case of the Cherokee nation. Winters Rights do not apply to the Cherokee Nation because there is no actual Cherokee reservation. During this July 2009 proceeding, the state of Oklahoma sought monetary damages and injunctive relief against the Tyson Foods Corporation, due to the injury to the Illinois River watershed from poultry waste. The defendant, Tyson Foods, Inc., moved to dismiss the case because the Cherokee Nation was not involved, though they were a required party. The ruling on this motion helped determine the standing of the Cherokee Nation concerning water rights in their region.
The Court, in order to determine if case could proceed without the involvement of the Cherokee Nation, applied Rule 19. The first step in this process determined if the Cherokee Nation was a required party, meaning that complete relief could not be offered, their absence would impede a person's ability to protect the interest, or more obligations could occur due to the interest. In this court ruling, it was determined that the Cherokee Nation has substantial interests, such as seen in their Environmental Quality Code which shows interest in protecting the Illinois River and vindicating any pollution. The Cherokee Nation also has an interest in recovering remedies for any injuries, in regulating and taxing things concerning the environment of the Cherokee Nation. Furthermore, the Cherokee Nation claims their water rights derived from federal law and treaties were unaffected by statehood. In entering into cooperative agreements with tribes, which would be necessary to resolve the issue of water rights (especially in the case of the Cherokee Nation and Tyson Foods) the state of Oklahoma must meet explicit requirements.
1. The Governor is authorized, as well as any other named designee, and is allowed to enter into cooperative agreements on behalf of the state with federally recognized tribes within that state if an issue of mutual interest is being addressed.
2. Approval of the Secretary of the Interior is required if the cooperative agreement dealing with issues of mutual interest involves trust responsibilities.
3. Any cooperative agreement specified and authorized by paragraph 1 that involves the surface/groundwater resources of the states or which in whole or in part apportions the ownership of those resources, shall become effective if the Oklahoma Legislature grants consent to authorize such cooperative agreement.
The United States historically promised the Five Civilized Tribes that their lands would not be included without their consent in the territorial limits or jurisdiction of a state. This doctrine, known as the Five Tribes Doctrine, according to scholar Jennifer Pelfrey:
Southeast Oklahoma is unique from other tribal reservation areas because of the Five Tribes doctrine. The federal government removed the Five Civilized Tribes to specific unsettled lands within the Indian Territory. At that time it also granted federal land patents to the Five Tribes and the Tribes were authorized to issue tribal patents in the case of a transfer of their tribal land. The doctrine holds that this "permanent homeland" includes rights to all the water within it, not just enough to fulfill the land's purpose, as under the "Winters" doctrine. In addition, the Supreme Court has held in past decisions that the federal government conveyed specific lands directly to Indian tribes, and that a state that later enveloped tribal land did not inherit rights to the water on that land. The Tribes also point to Oklahoma's 1906 Enabling Act, federal legislation which says that the State Constitution shall not limit the rights held by the Indians of Oklahoma. The Oklahoma State Constitution, as adopted in 1907,further provides that non-Indian inhabitants of the State do not haverights to Indian lands. The Five Tribes doctrine emphasizes thatunder federal legislation treating the Five Tribes differently from other tribes on reservations, the Choctaw and Chickasaw Tribes in southeastern Oklahoma would own all the water on their lands, and would not be subject to state authority as to its use or non-use.
The "Winters" ruling also applied to this case, because a ruling in 2007 determined that water rights were reserved even in riparian jurisdictions.
The ruling in this motion determined that the state did not have proper standing to proceed with this case without the Cherokee Nation's involvement.
Water project law.
Water project law is the branch of state and federal law that deals with the construction, management, financing, and repair of major water projects, including public drainage, irrigation, flood control, navigation and other projects. Some of these projects are constructed and managed by state and local government. But many are constructed and managed by special local improvement districts, which are special political subdivisions of state government.
Water project law has had, and continues to have, a significant role in the management of important water resources. For example, agricultural drainage, much of which is now responsible for maintaining a significant infrastructure, results largely from these local districts or other entities. Drainage in the United States occurred in two primary developmental periods,
during 1870-1920 and during 1945-1960. By 1920, more than out of a total of of US farmland had received some form of drainage. The United States Department of Agriculture (USDA), 1982 Natural Resources Inventory (NRI) inventory identified about of wet soils as being prime or adequately drained, of which 72 percent was then cropland. (Economic Research Service, 1987.) Often, state projects are constructed under the mantle of local water project authorities, using special federal funds appropriated for these purposes. Often the local entity must agree in return for the original federal funds to maintain the project indefinitely with local funds, derived either from taxes or special assessments.
Although there are unique state law features to water project instrumentalities, there are many features in common. Many of these districts are special improvement districts endowed by state law with the ability to collect revenues from lands that are benefited by the improvement. Often these assessments are in the form of special assessments which are proportional to the increase in value afforded the benefited land by the project. Or, the local improvement district may be afforded the power to levy special taxes, or to levy charges in return for the privilege of receiving the use and benefit of the project.
Some districts are governed by a board of elected officials. Voting rights may be based upon population within the district or in some cases based on the ownership of benefited lands. In some states, some districts are governed by existing local government entities, such as county government, but under special statutory authority. Statutes governing these districts govern the authority to levy assessments, charges, or taxes. They determine the obligation of the authority to maintain. In some cases, establishment of the project, or the district, affords benefited landowners statutory rights to insist on continued maintenance of the project if statutory criteria are met. For example, a certain number of landowners might be required to petition, and make a showing that the conditions for maintenance have been met. The statutes typically provide a method of seeking judicial review of the decisions made by the district in question.


Outer Continental Shelf

The Outer Continental Shelf (OCS) is a feature of the geography of the United States. The OCS is the part of the internationally recognized continental shelf of the United States which does not fall under the jurisdictions of the individual U.S. states.
Definition.
Formally, the OCS is governed by Title 43, Chapter 29 "Submerged Lands", Subchapter III "Outer Continental Shelf Lands", of the U.S. Code. The term "outer Continental Shelf" refers to all submerged land, its subsoil and seabed that belong to the United States and are lying seaward and outside the states' jurisdiction, the latter defined as the "lands beneath navigable waters" in Title 43, Chapter 29, Subchapter I, Section 1301.
The United States OCS has been divided into four leasing regions:
State jurisdiction is defined as follows:
Federal jurisdiction is defined under accepted principles of public international law. The seaward limit is defined as the farthest of seaward of the baseline from which the breadth of the territorial sea is measured or, if the continental shelf can be shown to exceed 200 nautical miles, a distance not greater than a line 100 nautical miles from the isobath or a line from the baseline.
Outer Continental Shelf limits greater than 200 nautical miles but less than either the 2,500-meter isobath plus 100 nmi or 350 nmi are defined by a line seaward of the foot of the continental slope or by a line seaward of the foot of the continental slope connecting points where the sediment thickness divided by the distance to the foot of the slope equals 0.01, whichever is farthest.
Coastlines are emergent coastline. Thus the landward boundary of the outer continental shelf is a legal construct rather than a physical construct, modified only at intervals by appropriate processes of law.
For legislation concerning the OCS, the United States Senate Committee on Commerce, Science & Transportation has jurisdiction within the United States Senate. In the House of Representatives, the Committee on Natural Resources Subcommittee on Energy and Mineral Resources has jurisdiction over administration and legislation amending the OCSLA. One of the main pieces of legislature affecting the OCS is the Outer Continental Shelf Lands Act (OCSLA), created on August 7, 1953, which defined the OCS as all submerged lands lying seaward of state coastal waters (3 miles offshore) under U.S. jurisdiction; under the OCSLA, the Secretary of the Interior is responsible for the administration of mineral exploration and development of the OCS. The OCSLA has been amended several times, most recently as a result of the Energy Policy Act of 2005.
After Congress passed the Federal Oil and Gas Royalty Management Act in 1982, the Secretary of the Interior designated the Minerals Management Service (MMS) as the administrative agency responsible for the mineral leasing of submerged OCS lands and for the supervision of offshore operations; in 2010 MMS was renamed the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE). On October 1, 2011, BOEMRE was divided into two bureaus, the Bureau of Safety and Environmental Enforcement (BSEE) and the Bureau of Ocean Energy Management (BOEM). BSEE is the agency charged to provide regulatory oversight of deepwater oil drilling and offshore wind energy sources in U.S. Federal waters that extend beyond State jurisdiction.


San Antonio Housing Authority

The San Antonio Housing Authority is a housing authority located in San Antonio, Texas and is the largest housing authority in Texas determined by number of housing units. It is the only Moving to Work Housing Authority in Texas, a designation by HUD given to high performing housing authorities. Their main programs are Section 8 housing, Affordable Housing and Low-Income Housing. Locally the organization is referred to as "SAHA" (pronounced Saw-Ha). SAHA is also one of the few housing authorities to develop their own units. In 2008, SAHA was listed as the 5th largest affordable housing developer in the United States with 1,205 units completed.


Relocation, Relocation


Red Rock Job Corps Center

Red Rock Job Corps Center is a Job Corps training center in Colley Township, Sullivan County, Pennsylvania, USA. Like all Job Corps centers, it provides vocational training and education at no cost to participants, who are 16 to 24 years old. The center opened in 1978 and uses the buildings of the former Benton Air Force Station, a Cold War radar facility which operated from 1951 to 1975. Red Rock is on Pennsylvania Route 487 (PA 487) within Ricketts Glen State Park, and is still the site of a Federal Aviation Administration (FAA) radar used for Wilkes-Barre/Scranton International Airport. The Red Rock Job Corps Center has been recognized as one of the top Job Corps centers in the nation.
History.
The center is within Ricketts Glen State Park, which opened in 1944 and is mostly on land once owned by lumber baron Robert Bruce Ricketts, for whom the park is named. The park is in two physiographic provinces the Allegheny Plateau and the Ridge-and-Valley Appalachians, with the steep escarpment of the Allegheny Front forming the boundary between them. The Allegheny Front within the park is known as North Mountain and Red Rock Mountain, the latter name coming from a red seam of Huntley Mountain Formation shale and sandstone visible along PA 487.
In 1950, construction began on the Benton Air Force Station, which was completed on September 21, 1951. In addition to the radar, there were barracks for airmen of the 648th Aircraft Control Squadron, based at Fort Indiantown Gap. In 1963 the Federal Aviation Administration began jointly operating the radar facilities. The Benton Air Force Station closed in 1975, though the FAA continued to operate the radar as an auxiliary service for the nearby Wilkes-Barre/Scranton International Airport. The remaining buildings and barracks were converted to the Red Rocks Job Corps Center, which opened in 1978.
The Job Corps program was established by Congress in the Economic Opportunity Act of 1964, part of President Lyndon Johnson's War on Poverty. In 1996, Red Rock Job Corps Center was given the National Director's Award as the "Top Performer" of 110 Job Corps centers in the US. Since 1998, all Job Corps programs now operate under Title I-C. of the Workforce Investment Act. In 2008, the US Department of Labor awarded a contract for $6.4 million for construction of a new dormitory at the center. Until 2010, the center was run by Management and Training Corporation (MTC). On March 17, 2010, the annual contract for operation of Red Rock was awarded to Adams and Associates, Inc. of Reno, Nevada, for $63,275,192. The current operator is Res-Care, Inc. of Louisville, Kentucky.
Operation.
Red Rock Job Corps Center is part of the Job Corps, a program administered by the United States Department of Labor that offers education and vocational training free-of-charge to participants from 16 to 24 years old. According to MTC's website for Red Rock, in 2010 it had 318 students, of which 210 were male and 108 female. The center offers driver's education and classes which allow students to earn their high school diploma or their General Educational Development (GED) certificate. Technical training is available for students to become automobile mechanics, brick masons, carpenters, electricians, plumbers, and workers in the business technology and hotel and hospitality fields.


Andinobates

Andinobates is a genus of poison dart frogs from Ecuador, Colombia and Panama. It contains species formerly classified in the genus "Dendrobates" and in 2006 transferred to the genus "Ranitomeya". In 2011 Twomey, Brown, and their colleagues erected the genus "Andinobates" for a group of 12 species of "Ranitomeya". "Andinobates" frogs can be distinguished from their sister taxon "Ranitomeya" anatomically in that their 2nd and 3rd vertebrae are fused. They show no limb reticulation, which is present in most species of "Ranitomeya".
Distribution.
"Andinobates" inhabits the rainforests of Ecuador, Colombia, and Panama, whereas "Ranitomeya" is only found in the Amazonian basin.
Species.
"Andinobates" primarily contained 12 species formerly classified in the genus Ranitomeya. In 2013 "Andinobates cassidyhornae", another species from the Andes of Colombia has been described. In 2014 another new species, "Andinobates geminisae", was discovered in Panama. This brings the current total to 14 species:


Monobutyl phthalate

Monobutyl phthalate (MBP) is an organic compound with the condensed structural formula CH3(CH2)3OOCC6H4COOH. It is a white solid that features both an butyl ester group and a carboxylic acid group. It is the major metabolite of dibutyl phthalate. Like many phthalates, MBP has attracted attention as a potential endocrine disruptor.
MBP is also the secondary metabolite of butyl benzyl phthalate, less than monobenzyl phthalate (MBzP). It hydrolyses to phthalic acid and 1-butanol.


Podostroma cornu-damae

, also known the as poison fire coral, is a species of fungus in the family Hypocreaceae. The fruit bodies of the fungus are highly toxic, and have been responsible for several fatalities in Japan. The fungus contains several trichothecene mycotoxins.
Taxonomy.
The species was originally described as "Hypocrea cornu-damae" by Narcisse Théophile Patouillard in 1895, and later transferred to the genus "Podocrea" in 1905 by Pier Andrea Saccardo. In 1994 Japanese mycologists Tsuguo Hongo and Masana Izawa placed the species in the genus "Podostroma".
Range.
The fungus was once thought to be only native to Korea and Japan, but recent discoveries have been made in Java, Papua and northern Australia.
Description.
The conidiophores (specialized fungal hyphae that produce conidia) are up to 400 μm high and about 2–4 μm wide in the main axial hyphae. The phialides are arranged in tufts with narrow angles at the top, similar to the branching hyphae found in "Trichoderma" species. The conidia are roughly spherical with a truncate base in each spore, pale green in color, and measure 2.5–3.5 μm in diameter. Their surfaces are almost smooth, but sometimes appearing very faintly roughened with light microscopy.
Toxicity.
Several poisonings have been reported in Japan resulting from the consumption of the fungus. In 1999, one of a group of five people from Niigata prefecture died two days after consuming about of fruit body that had been soaked in sake. In 2000, an individual from Gunma prefecture died after eating the fried mushroom. Symptoms associated with consumption in these cases included stomach pains, changes in perception, decrease in the number of leukocytes and thrombocytes, peeling skin on the face, hair loss, and shrinking of the cerebellum, resulting in speech impediment and problems with voluntary movement. In another instance, an autopsy revealed multiple organ failure, including acute kidney failure, liver necrosis and disseminated intravascular coagulation. In one case of poisoning, the patient suffered from hemophagocytosis, in addition to severe leukocytopenia and thrombocytopenia, seven days after ingesting the fungus. Plasmapheresis and administration of granulocyte colony-stimulating factor were used to treat the blood abnormalities. The authors suggested that these treatments, in addition to the large volume of administered intravenous saline - over a 12-hour period—were responsible for his successful recovery.
The poisoning symptoms are similar to those observed previously with animals that had consumed trichothecene mycotoxins. Japanese researchers detected the presence of the macrocyclic trichothecenes satratoxin H, satratoxin H 12′,13′-diacetate, satratoxin H 12′-acetate, and satratoxin H 13′-acetate. When grown in liquid culture the fungus additionally produces roridin E, verrucarin J, and satratoxin H. With the exception of verrucarin J, a 500-microgram dose of any of these compounds, when injected into the abdomen of mice, will result in their death the following day. It has been claimed that touching the fungus can cause skin irritation, but this is controversial.


Wild Man Fischer

Lawrence Wayne "Wild Man" Fischer (November 6, 1944 – June 16, 2011) was an American street performer known for offering erratic, a cappella performances of "new kinds of songs" for a dime on the beaches and the Sunset Strip in West Hollywood. Most of his life was spent homeless or institutionalized, and he later became regarded as "the godfather of outsider music".
Born in Los Angeles, Fischer was repeatedly sent to mental institutions as a teenager, where he was diagnosed with paranoid schizophrenia and bipolar disorder. In 1968, he recorded a double album, "An Evening with Wild Man Fischer", that was produced by Frank Zappa for the Bizarre label. At one point, Fischer was the opening act for the Byrds, Iron Butterfly, Solomon Burke, and Bo Diddley. His relationship with Zappa came to an abrupt end after Fischer threw a bottle that nearly hit Zappa's daughter Moon.
In 1975, Fischer helped jumpstart Rhino Records with the novelty single "Go to Rhino Records". The label put out a trilogy of albums that ultimately became his last: "Wildmania" (1977), "Pronounced Normal" (1981), and "Nothing Scary" (1983); the latter two were produced by the comedy music duo Barnes & Barnes. A documentary about Fischer's life, "", premiered at the South by Southwest festival in 2005. In 2004, he consented to move into an assisted-living hospital. He died of heart failure several years later at the age of 66.
Biography.
Early life.
Larry Fischer was born on November 6, 1944 in Los Angeles, California. From an early age, he experienced major mood swings typical of bipolar disorder, and developed a habit of singing Paul Anka songs at the top of his voice, which he called having "the pep". When his mood worsened, he experienced auditory hallucinations and acted violently toward his family. He attended Fairfax High School but was expelled in 1962 for singing in class. In 1963, he was committed to Camarillo State Hospital for threatening his mother with a knife, and he was diagnosed with paranoid schizophrenia and manic depression. Released one year later, he appeared at numerous talent shows and was discovered by R&B singer Solomon Burke, who gave him the nickname "Wild Man" and brought him along on a tour. Fischer was still living at home at this time, and in 1965, was once again institutionalized for his behavior. According to Fischer, the hospital stays only exacerbated his condition. Fischer was Jewish.
"An Evening with Wild Man Fischer".
By 1967, Fischer was on medication and acting as a street performer in Hollywood. For a nickel or a dime, he would offer a "new kind of song" to passersby as an a cappella performance. This led him to become an opening act for the Byrds, Bo Diddley, and Iron Butterfly. While performing onstage and outside at the Sunset Strip, he was noticed by Frank Zappa, bandleader for the Mothers of Invention. Zappa later said: "I thought from the first day I met him that someone should make an album about Wild Man Fischer." He invited Fischer into a studio and recorded him singing about topics such as his mother, mental hospitals, fame, circles, and how he could move faster than a cat could see him. The Mothers of Invention, record producer Kim Fowley, radio DJ Rodney Bingenheimer, and Zappa's girl group the GTOs made guest appearances on some of the tracks.
Released as a double album in 1968, "An Evening with Wild Man Fischer" was given a positive review in "Rolling Stone" magazine, where it was described as "captur[ing] the total being of one strange member of the human community". On September 23, 1968, thanks to his connections with Zappa, Fischer appeared on "Rowan & Martin's Laugh-In", singing "Leaves Are Falling" and "Merry-Go-Round". During this period he also made contributions to the 1968 psychsploitation album "Bedlam" by The Crazy People. In December, Zappa arranged for him to perform at a Christmas show involving the Mothers, the GTOs, Easy Chair, and Alice Cooper. Fischer sang "Circles".
Fischer was frustrated that the album failed to bring him the fame he expected. One day, he visited Zappa and threw a bottle that nearly hit Zappa's infant daughter Moon. This ended their relationship. In a song Fischer later wrote ("Frank Zappa"), he alleged that Zappa subsequently withheld his recording income ("Frank's got my publishing rights / You could say he's on my mind / I think about him all the time"). After Frank's death in 1993, Gail Zappa inherited her husband's musical copyrights, and refused to reissue the album for as long as she lived feeling that the recording was "a poor example of Frank's work."
Rhino Records albums.
In 1974, Larry appeared as a guest vocalist on noise band Smegma's album "Sing Popular Songs". In 1975, he recorded Rhino Records' first release, a novelty single entitled "Go to Rhino Records". At the time, Rhino Records was only a record shop in Los Angeles. According to the "New York Times": "Demand for [the single] proved so great that it catapulted the store's owners into the record-producing business." Two years later he recorded their very first LP, "Wildmania". In the 1980s, Fischer worked with the comedy music duo Barnes and Barnes (Bill Mumy and Robert Haimer) to produce two more albums for Rhino, "Pronounced Normal" (1981) and "Nothing Scary" (1984). In 1986, Barnes and Barnes also wrote and produced "It's a Hard Business", a duet featuring Fischer and Rosemary Clooney. The song was the result of a telephone friendship they began due to mutual acquaintances. In 1988, a judge awarded Fischer royalties on his song "Merry-Go-Round" (from the videocassette release of the movie "Medium Cool"), but the attorney representing Fischer did not know how to contact him. Fischer was still homeless, living in motels and on the streets while panhandling at places like Dodger Stadium and Disneyland. He performed at the 1988 San Diego Comic Con with Bill Mumy's group as his backing band.
In 1998, "Date with the Devils Daughter", an album by Robert Williams (a drummer formerly with Captain Beefheart) includes "Hello Robert", which consists of messages that Fischer left on Williams's phone. In 1999, Rhino released "The Fischer King", a two-CD package comprising 100 tracks and a 20-page booklet, which sold out within weeks. The limited-edition album comprises his entire Rhino catalog, including all three of the Rhino albums plus singles, unreleased material, interviews done for this release, and his duet with Clooney. It releases almost everything Fischer ever recorded, except "An Evening with Wild Man Fischer", for which the Zappa family still held the rights.
Final years and death.
In the early 2000s, Fischer was filmed as the subject of a full-length documentary, "", which premiered at South by Southwest in March 2005. Co-director Josh Rubin called the four years making the film "the most arduous, trying time of my life" due to Fischer's erratic behavior. It included an appearance from Devo's Mark Mothersbaugh who called him: "as pure a rock and roll icon as you can find. He's mainlined into the creative subconscious." In 2004, Fischer was the subject of a comic book ("The Legend of Wild Man Fischer" by Dennis Eichhorn), and in October, appeared on ABC-TV's late-night talk/comedy show, "Jimmy Kimmel Live!".
In 2003, Fischer suffered a six-month-long paranoid episode, convinced somebody was trying to kill him, and he started living on the streets again. He called Bill Mumy up to 20 times a day, hanging up each time, until Mumy finally had to change his phone number. Fischer eventually moved in with his aunt Josephine, but three weeks later she was diagnosed with terminal cancer (this happened during the filming of "Derailroaded"). Fischer and his family consented to move him into an assisted-living mental institution in Van Nuys. The medications he was prescribed helped him control his behavior, but it also eliminated his creative drive, or "pep". Fischer made his final performance on August 16, 2006, at the Trunk Space in Phoenix, Arizona.
The last seven years of Fischer's life were spent peacefully but uneventfully. On June 16, 2011, he died of heart failure at the Ronald Reagan UCLA Medical Center in Los Angeles, at the age of 66.
Discography.
Studio albums
EP
Compilations
Singles


Red-backed poison frog

The red-backed poison frog ("Ranitomeya reticulata") is a species of frog in the family Dendrobatidae. It is an arboreal insectivorous species, and is the second-most poisonous species in the genus, after "R. variabilis". Like many species of small, poisonous frogs native to South America, it is grouped with the poison dart frogs, and is a moderately toxic species, containing poison capable of causing serious injury to humans, and death in animals such as chickens. "R. reticulata" is native to the Amazon rainforest in Peru and Ecuador.
Poison.
The red-backed poison frog is a moderately toxic dendrobatid, and is the second-most poisonous of the frogs in the genus "Ranitomeya". Its toxins are used as the frog's natural defense mechanisms, making them inedible to many, if not most, of the predators in its natural area. To advertise its poison and further reduce the risk of injury, the red-backed poison frog displays its brilliant warning colors, especially its red-orange back, for which it is named. Like all dendrobatids, it does not manufacture its poison itself, but rather is theorized to take the toxins from the ants, mites, and beetles on which it lives. It absorbs the insects' poisons into its body, which is immune to the poison. The poison is stored in skin glands just beneath the frog's epidermis. The poison seeps through open wounds and orifices, and, it is believed, through the pores. This defense is especially effective against mammalian and avian predators, and, to a lesser extent, reptilian ones. Amazonian ground snakes have a limited resistance to the poison, and occasionally will attack such frogs.
Description.
"Ranitomeya reticulata" is one of the smaller species of poison dart frogs, hence its inclusion in the "thumbnail" species group. Males can reach approximately 12 mm in length from snout to vent, while the larger females may reach 15 or even 20 mm long. Like all poison dart frogs, "R. reticulata" are vividly coloured and patterned, which advertises their poison. Red-backed poison dart frogs have black legs with a cobalt or sky-blue mesh pattern, a black belly, and a back that ranges from fiery orange to scarlet in color, hence the common name. Like all arboreal frogs, "R. reticulata" possess suckerlike disks on their toes which makes their grip adhesive. As they are very small, they often attempt to advertise their poison by flaunting such colors or by ascending trees to escape from predators. If isolated from any form of escape, "R. reticulata" will use their poison as a defense mechanism. "R. reticulata" are more slimly built than many dendrobatids, which combined with their small size, gives them the ability to squeeze into minute hiding places.
Reproduction.
"R. reticulata" naturally live in groups of five or six. At the end of the wet season, several of these groups join in large breeding gatherings. As with other poison dart frogs, the males court the females by calling to capture their attention, and then by gently stroking and licking them. A female will signal that she is sufficiently impressed by stamping her hind feet. The two frogs will then mate. The fact that the breeding season begins at the end of the wet season ensures that the eggs will be laid at the beginning of the next wet season, ensuring that the young will have a steady supply of water to keep them alive. Once the eggs hatch, the male carries the baby tadpoles into the canopy. The tadpoles have a water-soluble adhesive mucus that helps them stick to their father's back. The male "R. reticulata" will deposit the tadpoles into the tiny pools that accumulate in the centre of bromeliads. The female will then feed the tadpoles with infertile eggs that she lays into the water. Once the tadpoles become froglets, they are led by their parents to an existing group of red-backed poison frogs . While the young froglets are accepted by all members of the group, only their parents will look after the young frogs .
As pets.
"R. reticulata" is considered a species for advanced dart hobbyists only. Their small size, breeding difficulties, and generally difficult care relative to other darts shows through high mortality rates with novice keepers. These difficulties are also the reason that the frog is fairly uncommon in the dart frog hobby and command a price upwards of $125–150 U.S. dollars per frog. It is also recommended to only keep them in pairs unless the tank size is substantial (55 gallons or larger), as there are many witness accounts and anecdotal reports of heavy same-sex aggression in smaller enclosures.


Duy-Loan Le

Duy-Loan T. Le (born 1962, Vietnam) is an engineer and the first woman and Asian elected as a Texas Instruments Senior Fellow.
Early life.
Born in Nha Trang, South Vietnam, in 1962 to a labor-class family, Duy-Loan Le fled to the U.S. without her father and a family of nine in 1975, eventually settling in Houston. Her family joined her in the U.S. few years later.
Although Le knew no English when she arrived, she mastered the language fast enough to graduate from Alief Hastings High School at 16 as Valedictorian of her class of 335 students.
In 1976, she received her first recognition in the US as 'Citizen of the Month' from Kiwanis International Club.
In 1981, The Houston Chronicle featured her as 'Scholastic Wonder'; she also received commendation from The Office of The Ambassador of The Royal Netherlands for her scholastic achievement and her humanitarian effort in fund raising to aid the Vietnamese refugees.
University work and career.
In 1982, at the age of 19, Duy-Loan received her undergraduate BSEE degree, magna cum laude, from the University of Texas at Austin and subsequently obtained her MBA in May 1989 from the University of Houston while working full-time. She began her career at Texas Instruments as a memory design engineer.
Duy-Loan's technical contributions at Texas Instruments were recognized when she was elected a Member of Technical Staff in 1990, Senior Member of Technical Staff in 1993, the first woman at TI to be elected Distinguished Member of Technical Staff in 1997, and the first woman elected TI-Fellow in 1999.
Currently she manages development projects for wireless communications as TI program manager for Laplace (a Digital signal processor (DSP) chip for 3G base stations) and also serves as manager of DSP Advanced Ramp. In 2002, Duy-Loan became the first Asian-American, and the first woman, to be elected TI Senior Fellow in Texas Instruments' 75-year history. She joins four men who hold this title at TI worldwide. Today she remains the only woman with this title.
Philanthropy.
Duy-Loan participates in numerous charity and fund raising projects for colleges, orphanages, and charity foundations. She serves on the Board of two non-profit organizations which promote education and support social economic development projects in the third world.
Duy-Loan has worked to advance education and learning conditions in Vietnam. She believes that by doing so, the environment for learning will produce more students who will be able to improve the overall state of Vietnam. She recently achieved her longtime dream of bringing soundly-built school facilities to rural Vietnam with the opening of “Thanh Thoi B”—a schoolhouse accommodating 120 elementary-age students and whose construction she played a leadership role in implementing. Her dream is to raise enough money to build 100 schools in five years. This activity complements well her similar effort in 10 other countries.
Ms. Le speaks annually at numerous national events to help create an environment that stimulates and releases leadership potential in women and Asian Americans.
Duy-Loan's service to the community includes:
Personal life.
Duy-Loan Le is married to Tuan N. Dao. They have two sons, Dan Dao and Don Dao. She also holds a black belt in Taekwon-Do and has won several medals and trophies in the State of Texas. For fun, Duy-Loan enjoys deep-sea fishing, playing poker, and reading. She listens to classical music and also traditional Vietnamese music.


Poison dart frog

Poison dart frog (also known as dart-poison frog, poison frog or formerly known as poison arrow frog) is the common name of a group of frogs in the family Dendrobatidae which are native to tropical Central and South America. These species are diurnal and often have brightly colored bodies. This bright coloration is correlated with the toxicity of the species, making them aposematic. Some species of the family Dendrobatidae exhibit extremely bright coloration along with high toxicity, while others have cryptic coloration with minimal to no amount of observed toxicity. The species that have great toxicity derive this from their diet of ants, mites and termites. Other species however, that exhibit cryptic coloration and low to no amounts of toxicity, eat a much larger variety of prey. Many species of this family are threatened due to human infrastructure encroaching on their habitats.
These amphibians are often called "dart frogs" due to the Native Americans' use of their to poison the tips of blowdarts. However, of over 170 species, only four have been documented as being used for this purpose (curare plants are more commonly used), all of which come from the genus "Phyllobates", which is characterized by the relatively large size and high levels of toxicity of its members.
Characteristics.
Most species of poison dart frogs are small, sometimes less than in adult length, although a few grow up to in length. They weigh 1 oz. on average. Most poison dart frogs are brightly colored, displaying aposematic patterns to warn potential predators. Their bright coloration is associated with their toxicity and levels of alkaloids. For example, frogs of the genus "Dendrobates" have high levels of alkaloids, whereas "Colostethus" species are cryptically colored and are not toxic.
Poison dart frogs are an example of an aposematic organism. Their bright coloration advertises unpalatability to potential predators. Aposematism is currently thought to have originated at least four times within the poison dart family according to phylogenetic trees, and dendrobatid frogs have since undergone dramatic divergences – both interspecific and intraspecific – in their aposematic coloration. This is surprising given the frequency-dependent nature of this type of defense mechanism.
Adult frogs lay their eggs in moist places, including on leaves, in plants, among exposed roots, and elsewhere. Once the eggs hatch, the adult piggybacks the tadpoles, one at a time, to suitable water, either a pool, or the water gathered in the throat of bromeliads or other plants. The tadpoles remain there until they metamorphose, in some species fed by unfertilized eggs laid at regular intervals by the mother.
Habitat.
Poison dart frogs are endemic to humid, tropical environments of Central and South America. These frogs are generally found in tropical rainforests, including in Bolivia, Costa Rica, Brazil, Colombia, Ecuador, Venezuela, Suriname, French Guiana, Peru, Panama, Guyana, Nicaragua, and Hawaii (introduced).
Natural habitats include subtropical and tropical, moist, lowland forests, subtropical or tropical high-altitude shrubland, subtropical or tropical, moist, montanes and rivers, freshwater marshes, intermittent freshwater marshes, lakes and swamps. Other species can be found in seasonally wet or flooded lowland grassland, arable land, pastureland, rural gardens, plantations, moist savanna and heavily degraded former forest. Premontane forests and rocky areas have also been known to hold frogs. Dendrobatids tend to live on or close to the ground, but also in trees as much as from the ground.
Reproduction.
Many species of poison dart frogs are dedicated parents. Many poison dart frogs in the genera "Oophaga" and "Ranitomeya" carry their newly hatched tadpoles into the canopy; the tadpoles stick to the mucus on the backs of their parents. Once in the upper reaches of the rainforest trees, the parents deposit their young in the pools of water that accumulate in epiphytic plants, such as bromeliads. The tadpoles feed on invertebrates in their nursery, and their mother will even supplement their diet by depositing eggs into the water. Other poison frogs lay their eggs on the forest floor, hidden beneath the leaf litter. Poison frogs fertilize their eggs externally; the female lays a cluster of eggs and a male fertilizes them afterward, in the same manner as most fish. Poison frogs can often be observed clutching each other, similar to the manner most frogs copulate. However, these demonstrations are actually territorial wrestling matches. Both males and females frequently engage in disputes over territory. A male will fight for the most prominent roosts from which to broadcast his mating call; females fight over desirable nests, and even invade the nests of other females to devour competitor's eggs.
The operational sex ratio in the poison dart frog family is mostly female biased. This leads to a few characteristic behaviors and traits found in organisms with an uneven sex ratio. In general, females have a choice of mate. In turn, males show brighter coloration, are territorial, and are aggressive toward other males. Females select mates based on coloration (mainly dorsal), calling perch location, and territory.
Taxonomy.
Dart frogs are the focus of major phylogenetic studies, and undergo taxonomic changes frequently. The family Dendrobatidae currently contains 16 genera, with about 200 species.
Color morphs.
Some poison dart frogs species include a number of conspecific color morphs that emerged as recently as 6,000 years ago. Therefore, species such as "Dendrobates tinctorius", "Oophaga pumilio", and "Oophaga granulifera" can include color pattern morphs that can be interbred (colors are under polygenic control, while the actual patterns are probably controlled by a single locus). Differing coloration has historically misidentified single species as separate, and there is still controversy among taxonomists over classification.
Variation in predation regimens may have influenced the evolution of polymorphism in "Oophaga granulifera", while sexual selection appears to have contributed to differentiation among the Bocas del Toro populations of "Oophaga pumilio".
Toxicity and medicine.
Many poison dart frogs secrete lipophilic alkaloid toxins such as allopumiliotoxin 267A, batrachotoxin, epibatidine, histrionicotoxin, and pumiliotoxin 251D through their skin. Alkaloids in the skin glands of poison frogs serve as a chemical defense against predation, and they are therefore able to be active alongside potential predators during the day. About 28 structural classes of alkaloids are known in poison frogs. The most toxic of poison dart frog species is "Phyllobates terribilis". It is argued that dart frogs do not synthesize their poisons, but sequester the chemicals from arthropod prey items, such as ants, centipedes and mites – the diet-toxicity hypothesis. Because of this, captive-bred animals do not possess significant levels of toxins as they are reared on diets that do not contain the alkaloids sequestered by wild populations. In fact, new studies suggest that the maternal frogs of some species lay unfertilized eggs, which are laced with trace amounts of alkaloids, to feed the tadpoles. This behavior shows that the poisons are introduced from a very young age. Nonetheless, the captive-bred frogs retain the ability to accumulate alkaloids when they are once again provided an alkaloidal diet. Despite the toxins used by some poison dart frogs, some predators have developed the ability to withstand them. One is the snake "Erythrolamprus epinephalus", which has developed immunity to the poison.
Chemicals extracted from the skin of "Epipedobates tricolor" may be shown to have medicinal value. Scientists use this poison to make a painkiller. One such chemical is a painkiller 200 times as potent as morphine, called epibatidine; however, the therapeutic dose is very close to the fatal dose. A derivative ABT-594 developed by Abbott Laboratories, called Tebanicline got as far as Phase II trials in humans, but was dropped from further development due to unacceptable incidence of gastrointestinal side effects. Secretions from dendrobatids are also showing promise as muscle relaxants, heart stimulants and appetite suppressants.
The most poisonous of these frogs, the golden poison frog ("Phyllobates terribilis"), has enough toxin on average to kill ten to twenty men or about ten thousand mice. Most other dendrobatids, while colorful and toxic enough to discourage predation, pose far less risk to humans or other large animals.
Evolution of skin coloration and toxicity.
Skin toxicity evolved alongside bright coloration, perhaps preceding it. Toxicity may have relied on a shift in diet to alkaloid-rich arthropods, which likely occurred at least four times among the dendrobatids. Conspicuous coloration in these frogs is further associated with diet specialization, body mass, aerobic capacity, and chemical defense. Either aposematism and aerobic capacity preceded greater resource gathering, making it easier for frogs to go out and gather the ants and mites required for diet specialization, contrary to classical aposematic theory, which assumes that toxicity from diet arises before signaling. Alternatively, diet specialization preceded higher aerobic capacity, and aposematism evolved to allow dendrobatids to gather resources without predation.
Conspicuousness and toxicity may be inversely related, as polymorphic poison dart frogs that are less conspicuous are more toxic than the brightest and most conspicuous species. Energetic costs of producing toxins and bright color pigments lead to potential trade-offs between toxicity and bright coloration, and prey with strong secondary defenses have less to gain from costly signaling. Therefore, prey populations that are more toxic are predicted to manifest less bright signals, opposing the classical view that increased conspicuousness always evolves with increased toxicity.
Prey mobility could also explain the initial development of aposematic signaling. If prey have characteristics that make them more exposed to predators, such as when some dendrobatids shifted from nocturnal to diurnal behavior, then they have more reason to develop aposematism. After the switch, the frogs had greater ecological opportunities, causing dietary specialization to arise. Thus, aposematism is not merely a signaling system, but a way for organisms to gain greater access to resources and increase their reproductive success.
Dietary conservatism (long-term neophobia) in predators could facilitate the evolution of warning coloration, if predators avoid novel morphs for a long enough period of time. Another possibility is genetic drift, the so-called gradual-change hypothesis, which could strengthen weak pre-existing aposematism.
Sexual selection may have played a role in the diversification of skin color and pattern in poison frogs. With female preferences in play, male coloration could evolve rapidly. Sexual selection is influenced by many things. The parental investment may shed some light on the evolution of coloration in relation to female choice. In "Oophaga pumilio", the female provides care for the offspring for several weeks whereas the males provides care for a few days, implying a strong female preference. Sexual selection increases phenotypic variation drastically. In populations of "O. pumilio" that participated in sexual selection, the phenotypic polymorphism was evident. The lack of sexual dimorphism in some dendrobatid populations however suggests that sexual selection is not a valid explanation.
Functional trade-offs are seen in poison frog defense mechanisms relating to toxin resistance. Poison dart frogs containing epibatidine have undergone a 3 amino acid mutation on receptors of the body, allowing the frog to be resistant to its own poison. Epibatidine-producing frogs have evolved poison resistance of body receptors independently three times. This target-site insensitivity to the potent toxin epibatidine on nicotinic acetylcholine receptors provides a toxin resistance while reducing the affinity of acetylcholine binding.
Captive care.
All species of poison dart frogs are Neotropical in origin. Wild-caught specimens can maintain toxicity for some time (this can be obtained through a form of bioaccumulation), so appropriate care should be taken when handling them. While scientific study on the lifespan of poison dart frogs is scant, retagging frequencies indicate it can range from one to three years in the wild. However, these frogs typically live for much longer than that in captivity, having been reported to live as long as 25 years. These claims also seem to be questionable, since many of the larger species take a year or more to mature, and "Phyllobates" species can take more than two years. In captivity, most species thrive where the humidity is kept constant at 80 to 100% and where the temperature is around to during the day and no lower than to at night. Some species tolerate lower temperatures better than others.
Conservation status.
Many species of poison dart frogs have recently experienced habitat loss, chytrid diseases, and collection for the pet trade. Some are listed as threatened or endangered as a result. Zoos have tried to counteract this disease by treating captive frogs with an antifungal agent that is used to cure athlete's foot in humans.


IMO 5004520


Bruton v London and Quadrant Housing Trust

 is an English land law case that examined the rights of a 'tenant' in a situation where the 'landlord', a charitable housing association had no authority to grant a tenancy, but in which the 'tenant' sought to enforce the duty to repair on the association implied under landlord and tenant statutes. The effect of the case is to create the relationship of "de facto" landlord (who does not own a property but houses an occupier in a specific room at a rent) and tenant between the parties.
Facts.
The council gave the London and Quadrant Housing Trust, a charitable association, a licence to use land to accommodate the homeless. For a place at Flat 2, Oval House, Rushcroft Road, in Brixton, London, Mr Bruton agreed with the Trust to pay weekly rent for a flat. There was a provision that the council and LQHT had access to the property at limited times. Then he claimed he was a tenant, and the Trust had an obligation to repair the flat under the Landlord and Tenant Act 1985 section 11. The Housing Trust argued that under orthodox property law principles, "nemo dat quod non habet" (literally meaning "no one gives what he does not have"), so because they had no lease, they could not grant a lease to Mr Bruton, and therefore they had no obligation to repair the property.
Judgment.
The House of Lords held the agreement did create a tenancy and the trust was therefore under an obligation to repair. Giving the leading judgment, Lord Hoffmann held it did not matter that the landlord did not have a property right in its title. Exclusive possession is the essence of a lease, and irrelevant that the agreement purported to be a licence. The term that Mr Bruton could be told to vacate on reasonable notice was ineffective, as one cannot contract out of statute. LQHT’s lack of legal title was also irrelevant because the character of the agreement, not the nature of the landlord, was the key point for deciding whether a lease existed under the LTA 1985.
Lord Slynn, Lord Jauncey concurred.
Significance.
Traditionally it has been held that an estate interest (interest in land) can only arise out of one of equal or superior status. A licence is not an estate interest, and provides essentially only access to another's estate. However, the implication of the Bruton case "controversially confirms the existence in English Law of the phenomenon of the contractual or non-proprietary lease". It has been suggested by some commentators however, that Bruton was driven by policy as established in "Street v Mountford", that individuals enjoying exclusive possession should be protected. There has been little reliance on the “Bruton tenancy” in later cases and it remains controversial.


Reference Re Upper Churchill Water Rights Reversion Act (Nfld)

Reference Re Upper Churchill Water Rights Reversion Act (Nfld) [1984] 1 S.C.R. 297 is a famous constitutional reference question put to the Supreme Court of Canada. The Court found that legislation passed by the government of Newfoundland to take back water rights contracted out to the province of Quebec was unconstitutional. The decision had a huge impact on both provinces, as the Churchill Falls generating station is one of the biggest producers of hydro-electric power in the region and the agreement guarantees Quebec will receive a majority of the revenue from the Falls until 2034.
Background.
By an Act of the Province of Newfoundland, the Churchill Falls (Labrador) Corporation (CFLCo) developed hydro-electric generators at the Churchill Falls, in Labrador. In 1969, the company, controlled by the British Newfoundland Development Corporation (BRINCO) entered an agreement with Hydro-Québec, a public utility owned by the government of Quebec, to sell a large majority of the power generated by the Falls at a low fixed rate for the next 65 years.
After buying out BRINCO's shares in 1974, the government of Newfoundland began to explore ways to get a greater portion of the power generated from the Falls. In 1980, the legislature passed the "Upper Churchill Water Rights Reversion Act", which reverted ownership of the Falls to the provincial government, repealed the Act that granted the land to the CF(L)Co, expropriated the company's assets, including Hydro-Québec's participation in the joint venture.
The province submitted a reference to the Newfoundland Court of Appeal, which found it intra vires (within the power of) the province.
Supreme Court of Canada judgment.
The Court stated that the Act was ultra vires the province and so struck it down. In performing pith and substance analysis on the legislation by looking at the Act's purpose and effect, the Court found that the Act was colourable. That is, the form of the Act appears to address a valid matter but in substance actually addresses a matter outside its authority. The "Pith and Substance" of the Act, its dominant feature or purpose, was to interfere with the right of Hydro-Québec granted by the agreement with Churchill Falls Corp to receive power from across the provincial border.


Jersey Coastguard

Jersey Coastguard is responsible for the safety of life at sea along with the security and protection of the maritime environment for Jersey’s territorial waters. The service is provided by the Ports of Jersey from the Maritime Operations Centre in Maritime House in the port of St Helier, Jersey.
Search and Rescue (SAR).
Jersey Coastguard is a tier-one emergency service in the island of Jersey. If you dial 999 and ask for the Coastguard or call up on VHF marine radio channel 16 you will speak directly with the team 24/7 to coordinate the rescue. They work closely with adjacent services, including Guernsey Coastguard, Cross Jobourg, Cross Corsen, and HM Coastguard in the UK.
If there is an incident at sea, there are several assets available in the island. Two lifeboat charities operate in Jersey. The RNLI operates three lifeboats, and The Jersey Lifeboat Association currently have one. Jersey Fire and Rescue Service have two inshore boats that can be deployed at various locations around the coast. Ports of Jersey Marine Services have many vessels that can be readily called upon with a crew on standby 24/7. There are additional lifeboats in Guernsey and around the French Coast which will also assist if required, as can a number of air assets, including Channel Island Air Search in Guernsey and several military and civilian search and rescue helicopters in France and the UK.
There are 124 life rings around the coast provided and maintained by Jersey Coastguard for those in difficulty inshore. The beaches of St Brelade, St Ouen, Portlet and Greve de Lecq have RNLI beach lifeguards that operate in the primary season. The bathing pool at Havre de Pas also has lifeguards on duty in summer months provided by the Jersey Government.
Station ID, channels and frequencies.
Jersey Coastguard Maritime Mobile Service Identity Number (MMSI) - 002320060
Routine Broadcasts.
The following routine broadcasts are made by Jersey Coastguard on VHF Channel 82 & 25 (with a prior announcement on VHF Channel 16) at the following times:
Shipping Forecast "(also available on Jersey Coastguard website)"
Strong Wind / Gale Warnings
Navigational Warnings
"Navigational Warnings and Strong wind warnings are made on receipt and included in the shipping forecast broadcasts."
Equipment.
Jersey Coastguard uses the latest technology in their Maritime Operations Centre for routine and SAR working. A coastguard officer has available at their desk a communications screen which has VHF Radio, TETRA (Terrestrial Trunked Radio) and phones integrated into one user friendly screen. They have an electronic radio and incident log. Electronic charting (ECDIS) with AIS (Automatic Identification System) and RADAR overlay, with a direction finder interface displaying the direction of VHF calls on ch16 from the old radio tower at La Corbière. For Search and Rescue planning the latest SARIS software is used allowing the officers to input data relating to an incident which then uses multiple calculations involving wind, tide and drift formulas to predict where a person or object may have drifted to. Jersey Coastguard also has an emergency response vehicle, which is equipped with TETRA and VHF radios.
C-SIS Scheme.
Jersey Coastguard launched the C-SIS Scheme (Coastguard Safety Identification scheme) in 2014 for water craft that do not fall under the category required by the law to be registered. This scheme assists with locating owners of craft if they're lost and come ashore or are found adrift at sea.
Education.
Jersey Coastguard works closely with local Primary and Secondary schools delivering an education programme on Sea Safety focusing on beach safety, dangers of rip currents, being stranded by the tide and importantly whom to call in an emergency. These key messages are also promoted at other Island events which Jersey coastguard attends. Jersey Coastguard is also involved with ‘advice on board’ and lifejacket clinics run in conjunction with the RNLI.
History and background.
Jersey is an independent Crown dependency located in the English Channel close to northern France. Jersey’s territorial waters encompass approximately 840 square miles with more than 28 miles of coastline.
In May 2007, Jersey Coastguard was launched from an amalgamation of services provided by Jersey Harbours, primarily the ‘Jersey Radio’ coastal station, for the States of Jersey , with official recognition as a Category 1 emergency responder on the Island, along with the Police, Ambulance and the Fire and Rescue Service.
In October 2015 Jersey Harbours and Jersey Airport became incorporated under Ports of Jersey with the primary objective to provide essential public services to the island in a sustainable manner. Jersey Coastguard moved with Jersey Harbours under Ports of Jersey who now provide this service for the Island community.
Between 2002 and 2015 Jersey Coastguard have dealt with between 99 and 175 incidents annually.


Fish and Wildlife Act

Fish and Wildlife Act of 1956 (ch. 1036, , ) of the United States of America establishes "a comprehensive national fish, shellfish, and wildlife resources policy with emphasis on the commercial fishing industry but also with a direction to administer the Act with regard to the inherent right of every citizen and resident to fish for pleasure, enjoyment, and betterment and to maintain and increase public opportunities for recreational use of fish and wildlife resources." Among other things, it directs a program of continuing research, extension, and information services on fish and wildlife matters, both domestically and internationally.
It confirmed the position of Commissioner of Fish and Wildlife and a United States Fish and Wildlife Service in the Department of the Interior, and established a Bureau of Sport Fisheries and Wildlife and a Bureau of Commercial Fisheries.
Amendments.
Reorganization Plan No. IV, October 3, 1970 (84 Stat. 2090), abolished the Bureau of Commercial Fisheries and transferred functions related to commercial fisheries and marine sport fisheries, except Great Lakes fishery research and certain other fishery related activities, to the Department of Commerce, National Oceanic and Atmospheric Administration.
, approved November 18, 1971 (85 Stat. 480) and subsequently amended by , approved October 28, 1972 (86 Stat. 905) added to the 1956 Act a new section 13 (16 U.S.C. 742j-1), which is commonly referred to as the Airborne Hunting Act or Shooting from Aircraft Act.
Effective July 1, 1974, the Bureau of Sport Fisheries and Wildlife and the position of Commissioner were abolished by , approved April 22, 1974 (88 Stat. 92). This amendment to the 1956 Act vested responsibilities of the Bureau in a redesignated United States Fish and Wildlife Service to be administered by a Director under the supervision of an assistant director of the Interior for Fish and Wildlife. This amendment also specified qualifications of the Director of the Service and established method of appointment.
 (92 Stat. 3110) amended the 1956 law to allow the Service to accept donations of both real and personal property. It also facilitates the use of volunteers for Service projects and authorized appropriations to carry out a volunteer program.
 (98 Stat. 2310; 16 U.S.C. 742c), approved October 19, 1984, extended until December 1, 1986, the authority and authorization of appropriations for the volunteer programs under the Act. It also requires fishing vessels to be reconstructed or reconditioned in the United States in order to receive funds.
 (112 Stat. 1575), approved October 5, 1998, amended the Fish and Wildlife Act of 1956 to "promote volunteer programs and community partnerships for the benefit of national wildlife refuges". It enabled the senate to create 20 volunteer coordinators who supervise the training and recruiting of volunteers in all of the FWS's regions. It also established a Senior Volunteer Corps for people over 50. Finally, it requires the Secretary of the Interior to develop programs to teach children about the National Refuge System in order to promote science and improve scientific literacy through both formal and informal education programs.
A 2013 amendment to the bill extended through FY2017 "the authorization of appropriations for volunteer services for programs conducted by the United States Fish and Wildlife Service or the National Oceanic and Atmospheric Administration (NOAA), community partnership projects for national wildlife refuges, and refuge education programs".


Adapalene

Adapalene is a third-generation topical retinoid primarily used in the treatment of mild-moderate acne, and is also used off-label to treat keratosis pilaris as well as other skin conditions. Among topical retinoids used to treat acne vulgaris, adapalene is considered to be the least effective, but best tolerated. It also has several advantages over other retinoids. The adapalene molecule is more stable compared to tretinoin and tazarotene, which leads to less concern for photodegradation. It is also chemically more stable compared to the other two retinoids, allowing it to be used in combination with benzoyl peroxide. Due to its effects on keratinocyte proliferation and differentiation, adapalene is superior to tretinoin for the treatment of comedonal acne and is often used as a first-line agent.
Medical uses.
Per the recommendations of the Global Alliance on Improving Outcomes of Acne, retinoids such as adapalene are considered first-line therapy in acne treatment and are to be used either independently or in conjunction with benzoyl peroxide and/or an antimicrobial agent, like clindamycin, for maximum efficacy.  Furthermore, adapalene, like other retinoids, increases the efficacy and penetration of other topical acne medications that are used in conjunction with topical retinoids as well as hastens the improvement of the post-inflammatory hyperpigmentation caused by acne. In the long term, it can be used as maintenance therapy.
Off-label uses.
Adapalene has the unique ability to inhibit keratinocyte differentiation and decrease keratin deposition. This property makes adapalene an effective treatment for keratosis pilaris and callus. It may be used by men undergoing foreskin restoration to reduce excess keratin that forms a layer on the exterior of the human penis after circumcision. Other non-FDA approved indications that have been reported in the literature include treatment of warts, molluscum contagiosum, Darier disease, photoaging, pigmentary disorders, actinic keratoses and alopecia areata.
A study has concluded that adapalene 0.1% gel under occlusion is an effective, safe and easy to use treatment for plantar warts and may help clear lesions faster than cryotherapy.
Side effects.
Adapalene is known to cause mild adverse effects such as photosensitivity, irritation, redness, dryness, itching, and burning. It is common (between 1% and 10% of users) to experience a brief sensation of warmth or stinging, as well as dry skin, peeling and redness during the first 2–4 weeks of using the medication. These effects are considered mild and generally decrease over time. Any serious allergic reaction is rare. Furthermore, of the three topical retinoids, adapalene is often regarded as the most tolerable.
In pregnancy.
Use of topical adapalene in pregnancy has not been well studied, but has a theoretical risk of retinoid embryopathy. Thus far, there is no evidence that the cream causes problems in the baby if used during pregnancy. Use is at the consumer's own risk.
According to the Drugs and Lactation Database, topical adapalene has poor systemic absorption and results in low blood levels (less than 0.025 mcg/L) despite long term use, suggesting that there is low risk of harm for a nursing infant. However, it is recommended that the topical medication should not be applied to the nipple or any other area that may come into direct contact with the infant's skin.
Interactions.
Adapalene has been shown to enhance the efficacy of topical clindamycin, although adverse effects are also increased. Application of adapalene gel to the skin 3–5 minutes before application of clindamycin enhances penetration of clindamycin into the skin, which may enhance the overall efficacy of the treatment as compared to clindamycin alone.
Pharmacology.
Unlike the retinoid tretinoin (Retin-A), adapalene has also been shown to retain its efficacy when applied at the same time as benzoyl peroxide due to its more stable chemical structure. Furthermore, photodegradation of the molecule is less of a concern in comparison to tretinoin and tazarotene.
Pharmacokinetics.
Absorption of adapalene through the skin is low. A study with six acne patients treated once daily for five days with two grams of adapalene cream applied to of skin found no quantifiable amounts, or less than 0.35 ng/mL of the drug, in the patients' blood plasma. Controlled trials of chronic users of adapalene have found drug levels in the patients' plasma to be 0.25 ng/mL.
Pharmacodynamics.
Adapalene is highly lipophilic. When applied topically, it readily penetrates hair follicles and absorption occurs 5 minutes after topical application. After penetration into the follicle, adapalene binds to nuclear retinoic acid receptors (namely retinoic acid receptor beta and gamma).  These complexes then bind to the retinoid X receptor which induces gene transcription by binding to specific DNA sites, thus modulating downstream keratinocyte proliferation and differentiation. This results in normalization of keratinocyte differentiation, allowing for decreased microcomedone formation, decreased clogging of pores, and increased exfoliation by increasing cell turnover.  Adapalene is also regarded as an anti-inflammatory agent, as it suppresses the inflammatory response stimulated by the presence of "Cutibacterium acnes", and inhibits both lipoxygenase activity and the oxidative metabolism of arachidonic acid into prostaglandins.
Adapalene selectively targets retinoic acid receptor beta and retinoic acid receptor gamma when applied to epithelial cells such as those found in the skin. Its agonism of the gamma subtype is largely responsible for adapalene's observed effects. In fact, when adapalene is applied in conjunction with a retinoic acid receptor gamma antagonist, adapalene loses clinical efficacy.
Retinization is a common temporary phenomenon reported by patients when the initiate treatment of retinols. Within the initial period of treatment, skin can become red, irritated, dry and may burn or itch from retinol application; however, this tends to resolve within four weeks with once a day use.
History.
Adapalene is a research product of Galderma Laboratories, France. Adapalene was approved in 1996 by the U.S. Food and Drug Administration (FDA) for use in the treatment of acne.
Available forms.
In the United States, adapalene is available under the brand name Differin in three preparations: 0.1% cream, 0.1% gel, and 0.3% gel. The 0.1% gel is available as a generic made by Teva. It is also available combined with benzoyl peroxide under the brand names Epiduo and Tactupump. In Europe, only the 0.1% cream and 0.1% gel are available. Adapalene is currently marketed by Galderma under the trade names Differin in some countries, and Adaferin in India. It is mostly available in 0.1% w/w gel form.
As of July 8, 2016, Galderma received approval from the FDA for Differin Gel (adapalene gel 0.1%) as an over-the-counter (OTC) treatment for acne.
The Proactiv Company also sells the adapalene gel 0.1% under its brand name Proactiv MD Adapalene 0.1%.
La Roche-Posay also offers a formulation of adapalene gel branded as Effaclar Adapelene Gel 0.1% Acne Treatment over the counter.


Samaritans Foundation

Samaritans Foundation (or Samaritans) is an Australian based charity operating in New South Wales. The organisation provides a number of social support services for the homeless and people with disabilities.
History.
The roots of Samaritans was the Newcastle Anglican Board of Social Work operated by the Anglican Church in Newcastle. On October 14, 1984, the Newcastle Anglican Board of Social Work was redefined as the Samaritans Foundation (or “Samaritans”) with the expressed mission to “assist in the expansion of the social and community service work within the Diocese.” The organisation's early work began with a few key services including emergency relief, a family centre and op shops.
Homeless shelters.
Samaritans operates a number of homelessness support services including youth refuges and women's shelters.
Youth refuges.
Samaritans operates two youth refuges providing emergency accommodation for homeless youth. The refuges are:
Women's shelters.
Following the NSW government’s Going Home Staying Home homelessness program, a number of women's refuges were closed, while others which had previously been feminist run domestic violence refuges were been handed over to large charity providers. In the wake of the reforms, Samaritans took over operations of the Kempsey Women’s Refuge, now operating as the Kempsey Homeless Support Service for Women.
People.
In February 2016, Samaritans appointed Peter Gardiner as the organisation's new CEO. The previous CEO, Cec Shevels, had held the post for 25 years before announcing his retirement from the Anglican organisation.


Defy Thirst

Defy Thirst is a 501(c)(3) non-profit organization and sub-branch of Defiant Missions Inc. that provides clean, safe drinking water to people in impoverished and developing countries. Founded in 2009 by Matthew Ayers Turner and Stephen Dupuis, the Atlanta-based organization developed and implements unique water filtration systems that have been installed in countries including Ecuador, Ghana, Haiti, and Honduras.


Clean Neighbourhoods and Environment Act 2005

The Clean Neighbourhoods and Environment Act 2005 (c 16) is an Act of the Parliament of the United Kingdom. It implements proposals contained in the Clean Neighbourhoods consultation launched on 25 July 2004.
Section 108 - Commencement.
The following orders have been made under this section:


Okechukwu Ibeanu

Okechukwu Ibeanu is a Professor of Political Science and was also Dean, Faculty of the Social Sciences at the University of Nigeria, Nsukka. He was also special rapporteur of the United Nations Human Rights Council on the adverse effects of illicit movement and dumping of toxic waste on human rights.
Professor Ibeanu was previously programme officer of the MacArthur Foundation overseeing its human rights and Niger Delta programmes. A former Fellow of the United Nations University, Tokyo, he has also been a visiting scholar at Queen Elizabeth House, Oxford University, and the Woodrow Wilson Center, Washington D.C.
Professor Ibeanu sits on the boards of many research institutions including the Centre for Democracy and Development. He has published extensively on the Niger Delta and Nigerian politics in general, including "Civil Society and Conflict Management in the Niger Delta" (2005). His latest book titled "Oiling Violence" (2006) is on the proliferation of small arms and light weapons in the Niger Delta.
As of 2016 Okechukwu Ibeanu has officially been titled one of the commissioners of the Independent National "INEC" Electoral Commission. He is officially the commissioner of the Southeast section of Nigeria.


David Kewley

David "Dawsey" Kewley (1850 – 25 March 1904) was a Manx boatman, member of the Douglas Rocket Brigade and volunteer in the Lifeboat Service, renowned for his involvement in the saving of lives at sea. Reports of the number of people he saved from drowning vary. According to some contemporary reports he saved as many as 38 lives, according to others 25, but it is generally recognised that he was directly involved in saving the lives of at least 23 people, and as a member of the Douglas Lifeboat Crew assisted in the saving of many more. He was a recipient of numerous awards from the Royal Humane Society for his life-saving exploits. Although a man of dauntless courage, he would never speak about his feats and disliked hearing other people talk about them.
Biography.
David Kewley (always known by his sobriquet of "Dawsey") was born in Douglas, Isle of Man in 1850, the eighth of ten children and brought up in the tough Fairy Ground area of the town. His father, also known as "Dawsey," was a boatman and fisherman working an open lug-boat. After receiving a somewhat limited education the younger Kewley joined his older brother and father in the fishing trade.
Regarded as singularly unassuming in character, modest, retiring and of a kindly nature, he took employment with the Isle of Man Steam Packet Company in 1877 as a boatman, living at 11, New Bond St, Douglas and later Shaw's Brow.
Well known as a highly accomplished oarsman and swimmer, "Dawsey" competed in numerous rowing regattas around the Isle of Man and the northwest of England gaining success on many occasions, not least in the early 1870s, when as stroke oar of a crew which caused something of a sensation. Turning up at an event with three colleagues; Charles Kewin, John Cain and Hugh Rogers and an old gig which the four men had patched up themselves and known as "The Hobblers Boat," "(the term "hobbler" applying to a waterman or pier porter)" they competed in a race against several well trained racing crews, and to the astonishment of everyone, won easily. In turn they raced against professional crews from Manchester and Dumbarton enjoying further success. They twice won the Duke of Devonshire's prize at Barrow-in-Furness competing against, and beating, a celebrated crew of boatmen from Barrow who were stroked by the renowned Anthony Strong.
"Dawsey" was said to have been an ideal stroke oar. Average in height with a superb physique, he reached well forward and pulled his oar cleanly through the water, finishing powerfully. As well as becoming the stroke oar of the premier Douglas four, "Dawsey" also competed in the pairs category with John Cain ("Dawsey" and Cain were never beaten in a paired-oar race) as well as individually in the sculls.
Rescues.
Certain reports from contemporary sources cite what at the time was thought to be insufficient recognition towards the endeavors of "Dawsey" by the Royal Humane Society. On various occasions it was questioned whether "Dawsey" had in fact received sufficient acknowledgement for his heroism, a fact supporting the assertion being that he'd "only" received certificates when it was generally regarded that awards from the society such as gold, silver and bronze medals had been bestowed on individuals of higher social status for lesser endeavors. One such person who was instrumental in trying to highlight this perceived short-coming was the High Bailiff of Douglas, Samuel Harris, who on several occasions described "Dawsey" as: "the bravest man in the town." Following numerous letters written to the society by such as Samuel Harris, these concerns were addressed following a rescue which "Dawsey" was involved in on 28 July 1888, and for which his bravery was recognised by the awarding of a bronze medal.
Detailed below are some of the various rescues in which "Dawsey" Kewley was involved:
18 October 1878.
On the evening of Friday 18 October 1878, the Isle of Man Steam Packet Company steamer "Snaefell" was in the process of docking in Douglas Harbour when one of her passengers, Dr Hemming, fell off the ship and into the harbour. On witnessing the event, despite the darkness, "Dawsey" immediately jumped into the water and made towards the man, managing to take him towards a ladder by which he was able to support himself and Dr Hemming. After approximately 20 minutes a boat arrived and took both "Dawsey" and Dr Hemming to safety. Reports state that Dr Hemming was the third person which "Dawsey" had rescued within four months. For saving the life of Dr Hemming, "Dawsey" Kewley received his first award from the Royal Humane Society.
2 August 1879.
On Saturday 2 August 1879, a harbour porter named Thomas Sheard fell into the water between two steamers which were docked alongside the Victoria Pier. Again "Dawsey" immediately jumped into the water and performed a rescue, with complete disregard for his own safety. The rescue of Sheard resulted in "Dawsey" receiving another award from the Royal Humane Society accompanied by a written commendation on vellum:
The presentation was made by the High Bailiff of the Isle of Man at a ceremony on 25 October 1879.
5 August 1882.
Another incident involving a harbour porter occurred in Douglas Harbour, again concerning the steamer "Snaefell" on Saturday 5 August 1882, a scene witnessed by hundreds of people. The "Snaefell" had arrived from Liverpool and was in the process of discharging its passengers when the porter, who was making his way onto the ship, fell into the water and was in danger of being drowned.
A passenger on board the steamer in turn leapt into the water so as to render assistance, but he in turn quickly got himself into trouble. Kewley was alerted to the situation and jumped into the water and managed to support the two men until a rope was thrown enabling the men to be lifted from the water.
30 May 1884.
A report of a further rescue was one of a small boy who had fallen into the inner harbour, Douglas, on Friday 30 May 1884. The young boy, who had been playing in the vicinity of the steamer "Tynwald", fell into the water and due to an ebbing tide was being drawn under the vessel. "Dawsey" managed to get to the young boy, after some initial trouble, and brought him safely to the surface and onwards to the shore.
25 September 1884.
A strange irony is that on one occasion it was "Dawsey's" life which had to be saved. The incident occurred on the evening of Thursday 25 September 1884, when the steamer "Ben-my-Chree" was securing alongside the harbour wall. "Dawsey" was part of a team of dockers positioning the gangway to the vessel when he slipped over, his head striking the "Ben-my-Chree's" sponson, and subsequently fell into the water. Temporarily stunned, "Dawsey" sunk beneath the water, which led to the "Ben-my-Chree's" Third Officer, Dalzell Torrance, jumping into the water in order to save "Dawsey." In time a rope was thrown to Third Officer Torrance, enabling him and the unconscious "Dawsey" to be pulled to the steps of the pier.
"The saving of Dawsey was the fourth time Dalzell Torrance had performed a life saving act."
28 July 1888.
Together with another Douglas boatman, John Lewin, "Dawsey" saved the life of a man who'd jumped off the Victoria Pier on Saturday 28 July 1888. Intent on self-harm, the man initially refused assistance which led to "Dawsey" jumping into the water followed by Lewin. The man was in great difficulty in the water, however "Dawsey" and Lewin were able to support him and take him to the shore, from where he was taken to hospital. In recognition for this rescue, both John Lewin and "Dawsey" received bronze medals from the Royal Humane Society. The medals were presented to John Lewin and "Dawsey" by the Lieutenant Governor of the Isle of Man, Sir Spencer Walpole, at a reception on 14 November 1888. A Testimonial Fund had also been created in recognition of "Dawsey's" bravery which had, through public donations, raised the amount of £41 and this was also presented to him at the ceremony.
9 August 1893.
On the afternoon of Wednesday 9 August 1893, a young boy fell into the sea whilst fishing on the Victoria Pier and was subsequently rescued by "Dawsey."
13 September 1893.
On the night of Wednesday 13 September 1893 the Isle of Man Steam Packet Company steamer, "Peveril," was involved in a collision with a small boat as she was making her way from the Victoria Pier to the inner harbour at Douglas. The small boat, named the "Daisy," was on its way to put a light on the yacht "Vision" when she cut across the "Peveril's" path, and was cut in two. The solitary person on board the "Daisy," John "Kitty" O'Neil, jumped clear just before impact and was subsequently picked out of the water by three dockers; "Dawsey," Paul Bridson and another man named Higgin, who took to a small boat in order to carry out the rescue.
Death.
"Dawsey" Kewley contracted pleurisy in February 1904. He was initially looked after at home, but was transferred to Noble's Hospital, Douglas, on Wednesday 23 March and died in the early hours of Friday 25 March. His cause of death was given as pneumonia, which may well have been attributed to his numerous immersions in icy-cold water.
Funeral.
The funeral of "Dawsey" Kewley took place on the afternoon of Sunday 27 March 1904. It was an occasion of a demonstration of popular respect for a brave seaman, who had done so much for others in his lifetime. Led by members of the Order of Foresters (Star of Mona), of which "Dawsey" was a member, and the Douglas Town Band, the cortege left his home at 1, Shaw's Brow, followed by a very large crowd to St Matthew's Church, Douglas, where "Dawsey" had for many years been one of the foremost members of the congregation. The service was conducted by the Reverend T.A. Taggart, to whom "Dawsey" was known personally. Those attending "Dawsey's" funeral included a large representation of the Isle of Man Steam Packet Company led by Dalrymple Maitland and William Hutchinson as well as the Mayor of Douglas, members of the Lifeboat Committee, the Douglas Swimming Club and the Victoria Swimming Club. Following the service "Dawsey's" body was taken for interment at Braddan Parish Cemetery. Reports of the funeral state that the crowd of mourners stretched from the cemetery all the way back to the Quarterbridge.
"Dawsey's" death was followed by that of his daughter, Frances Kewley, who died less than two months after him and was in turn interred with her father. "Dawsey" had been pre-deceased by two of his children a son, David, and another daughter, Mary, both of whom had died in infancy. "Dawsey" was survived by his wife and another son.
The headstone on "Dawsey's" grave is that of Manx Runic Cross from a design by Manx artist Archibald Knox; the work being carried out by Thomas Quayle & Sons, Douglas, Isle of Man.
Monument.
Following "Dawsey's" death a meeting was held, presided over by the Mayor of Douglas, at which it was decided that a monument was to be erected in his memory through public subscription.
The monument was erected by W. Cathcart of Glasgow and is made of Aberdeen granite. It was originally a drinking fountain and water trough with the water issuing from the mouth of a stone lion. In the panel above the lion is a sculpture typifying one of "Dawsey's" rescues. Originally situated at the apex of the Pier Buildings on the Victoria Pier the monument was unveiled by the Deputy Governor of the Isle of Man, Deemster Thomas Kneen, on Thursday 8 June 1905. Numerous civic dignitaries were in attendance and during the course of the ceremony two certificates from the Royal Humane Society were awarded to Samuel Webb, in recognition for his rescue of a young boy who's fallen into the sea off Douglas Promenade, and to G. Cowin for rescuing an elderly lady from Douglas Harbour. At the moment of the unveiling salutes were fired from the Douglas Rocket Station and Douglas Head Lighthouse.
Following the construction of the new Douglas Sea Terminal in the late 1960s the monument was sited for many years at the southern end of Douglas Promenade adjacent to a car park. It was moved to its current site in one of the promenade's sunken gardens following renovation work.
A poem was also written in "Dawsey's" honour: