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Andrew Hamilton Esqr. to Benjamin Vaughan Junior and others. } Lease for a Year. (docket title)
"Sold by Lewis Peacock, Stationer, Chancery Lane where Writings are fairly Ingrossed and Copied." engr. on initial.Andrew Hamilton sold Walkers or the Wind Mill Plantation in St. Paul parish and Paynes Upper or Morgans Plantation in St. John parish, Nevis to Benjamin Vaughan the Younger, Thomas Parry, and Thomas Greg; signed "Andw Hamilton"; includes a schedule of slaves., Original digital object name: bei-m299, This digital resource is provided by the Special Collections department, Hamilton College, Clinton, New York, United States.
Andrew Hamilton Esqr. to Richard Neave and Thomas Neave Esqrs. } Lease for a Year.-- (docket title)
"Sold by Philip Benn, Stationer, No. 28. Threadneedle Street. London. Deeds and Writings carefully Engross'd or Copied" engr. on initial.Andrew Hamilton leased Walkers or the Wind Mill Plantation and Payne's Upper or Morgans Plantation in Nevis to Richard Neave and Thomas Neave; signed "Andw Hamilton.", Original digital object name: bei-m325, This digital resource is provided by the Special Collections department, Hamilton College, Clinton, New York, United States.
Grafton Street, 21 Aug. 1788. ALS to Sir George Douglas
"My Dr. Sir Two days ago, I arrived here, after a short, and pleasant passage from Nevis. I should have been very glad to have found you in Town, having much to say to you on the subject of your Antigua affairs. I visited your Estate...and I can only pronounce it one of the best in the Jsland, of the size, with one of the best settled creole gang of Negroes I ever saw...", Original digital object name: bei-m323, This digital resource is provided by the Special Collections department, Hamilton College, Clinton, New York, United States.
Mountpleasant, Nevis, 10 June 1787. ALS to [Sir George Douglas]...
"Dear Sir Before I received your late letter... I had done myself the pleasure of congratulating you... Your Estate... is one of the richest... Mr. Harvey gives the strongest proof of it, from his inclination either to renew the Lease, or purchase it... Waltr. Nisbet Since the preceding letter was written, an Antigua Gentleman dined with me -- of whom I made many enquiries... He says, that it has always been reconed a valuable Lease to Mr Harvey, and that it is supposed he has made a fortune by it.", Original digital object name: bei-m313, This digital resource is provided by the Special Collections department, Hamilton College, Clinton, New York, United States.
William Smith Esqr and Wife to Messrs. Payne and Clarke } Release of a Plantation in the Island of Nevis in the West Indies with the Slaves etc. thereto belonging (docket title)
"This Indenture Tripartite... Between William Smith... and Elizabeth his Wife of the first part Charles Payne... and Ioseph Clarke... of the second part and Edward Parris... of the Third part Whereas Richard Oliver... bequeathed... his Estate... unto the said William Smith..." signed by Elizabeth Smith, William Smith, Charles Payne, Joseph Clarke, Edward Parris., Original digital object name: bei-m339, This digital resource is provided by the Special Collections department, Hamilton College, Clinton, New York, United States.
bei-m102
"Gentlemen I wrote you last of ye 2nd and 8th Novr. last p Capt. Sheaunder[?] p whome shipt yo. three hhd. Melosses and one Trunk of dry goods, as allso sent You Inclos'd an Order..."; asks for money, arms; mentions having taken a French privateer., Original digital object name: bei-m102, This digital resource is provided by the Special Collections department, Hamilton College, Clinton, New York, United States.


Photoshop needs a very serious competitor. Corel Painter or Paintshop Pro should be able to do everything that Photoshop can well and it should be bundled with CorelDraw when CorelDraw is purchased for vector work to do effects. Everyone seems to use Photoshop for 3d game model textures and I think this is a shame….


Lack of space. Do your counters provide adequate space to prepare food? Are you cabinets and pantry big enough to store food? Do you have enough space to walk around in the kitchen? If you answered no to any of these questions, a kitchen remodel could be your solution.
Layout disaster. Is your kitchen secluded from everyone else? Do you dream of having an open space to cook, entertain, and easily watch your children? Remodeling your kitchen gives you the potential to open up your space and create that dream layout.
Outdated appliances. Are your appliances stuck in the 70s? You should look into replacing them; it could save you a lot of money in the long run.
Resale value. The kitchen is the heart of the home and it is a huge factor when people are deciding to purchase a house. If your kitchen is outdated and falling apart, it might stay on the market longer than a home that has a remodeled kitchen.
Gourmet kitchen. Although your kitchen is functional, it may not be quite up to your standards. If you would prefer to have a gourmet kitchen with luxury amenities, a remodel can provide that.
Creative Design Construction & Remodeling specializes in providing the home of your dreams. Our attention to detail, excellent customer service, and high quality of work has earned us numerous awards. Get inspiration for your kitchen remodel and contact us to bring your vision to life.


Sheryl Crow recently sold her Manhattan apartment — see inside!
Every day is a winding road when it comes to the celebrity real estate market, and Sheryl Crow is one of the latest to take a turn. The singer recently sold her New York City loft apartment for $2.27 million, a Trulia spokesperson confirmed to TODAY Home.
The 2,000 square-foot apartment is located in Manhattan's NoHo neighborhood, a hip and desirable area in the city surrounded by good restaurants and easy transportation options. The home features two bedrooms and one bath, and radiates all the cool vibes you'd expect from the musician.
Thanks to the wall of windows in the living room, there's plenty of natural sunlight streaming in. And while it's bright and airy, exposed brick walls give it the coziest of feelings.
In the kitchen, you'll find modern stainless steel appliances alongside an old-fashioned oven and natural wood cabinets. Open shelving and a large island make the space seem a bit more lived-in.
The bathroom features a stunning vintage clawfoot tub that is just screaming to be soaked in. Hey, if it makes you happy, right?
The bedrooms are of moderate size and both are flanked by large closets.
A mix of industrial, modern and vintage decor seems to work well in the space considering there are elements of each throughout. The building, which was first built in 1900, is a seven-story co-op that features seven units.
Crow currently lives in Nashville where she's busy working on new music and raising her sons Wyatt and Levi.
See more of her former NYC property here.


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Home Lifestyle Japanese horseradish farmers are afraid of the future in climate change
Japanese horseradish farmers are afraid of the future in climate change
Masahiro Hoshino (72), a wasabi farmer, is checking the growth pace by looking at wasabi seeds at his farm in Okutama-cho, Tokyo on May 30, 2022. REUTERS / Kim Kyung-Hoon
Tokyo: Japanese farmer Masahiro Hoshino began to worry a few months before the typhoon season began, suffering from heavy rains and landslide memories that swept the wasabi farm during the 2019 storm.
A 70-year-old farmer living in Okutama Town in western Tokyo said, "Recently, the momentum of typhoons has changed completely due to the effects of global warming."
"Since it happened once, there is no guarantee that it will never happen again."
Wasabi is a spicy wasabi that is essential for sushi, and when tapped on raw fish slices or buckwheat soup, it is usually cultivated along narrow valley streams, making farms vulnerable to disasters.
Typhoon Hagibis, which landed in eastern Japan in 2019, reduced Okutama's production by nearly 70% the following year. Due to the need for replanting and careful care, it took nearly three years for the sushi restaurant to recover.
According to experts, global warming not only increases the number and severity of storms, but also affects production by rising temperatures that threaten plant growth.
A lack of wasabi can also endanger traditional Japanese food such as sushi and sashimi, which uses wasabi pepper as opposed to raw fish.
Weather is not the only obstacle faced by wasabi farmers. The declining rural population due to aging means that there is no successor. According to the Ministry of Agriculture, two factors have reduced the production of wasabi grown in clear water, such as the star-named farm, by half in 2005.
Norihito Onishi, the manager of the soba soba shop "Soba Bunch", is directly affected by the shortage of wasabi and supply problems.
It has long been known for grinding wasabi root to make a spicy paste that can be used as a seasoning for buckwheat noodles. But they almost had to give up on this.
"In the past, I used to add raw wasabi to chilled soba, but now I can't do it," says Onishi.
When the store opened 30 years ago, it was rich in wasabi roots, but Mr. Onishi says that it was sometimes not available in the last 5 to 10 years. Precious roots are currently only available in certain types of dishes.
"If this volatile wasabi supply continues, we face a situation where we need to solve the problem in other ways so that various factors such as global warming do not stop providing raw wasabi at all. I will do it, "said Onishi.
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redpajama_set_name: RedPajamaCommonCrawl


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Meet Joshua Wander, Part Eight
Joshua Wander's story is now too long to summarize here. Please see Part Seven for the story up to that point, and Part Twelve for summaries of the later installments. Links to earlier installments are at the bottom of each entry.
Part Eight: Ghosts
"Listen," I said. "You can shoot me if you want to, but it won't do anyone any good. "You can't hurt me. You'll only damage the wall behind me, and cost the University some money."
"We have no intention of shooting you if you cooperate," the female cop said. "Are you Christopher Joel Stein?"
"I was," I said. It wasn't a terribly honest or helpful thing to say, but it was partly true. The name belonged to another life, the one in which I studied physics and didn't walk through walls or start fires with my fingertips. Syracuse didn't seem real to me any more. It was a place to be observed and manipulated, like the mental playground of a lucid dream. Part of the game I meant to play involved keeping the cops off balance, and getting them out of the room so that Harry and Jerry could get into it.
The male cop stared at me, probably noticing, as Jerry had earlier, that I was more translucent than solid. "What do you mean, you were?" he asked. "You're not a ghost or something, are you?" The female cop looked startled by her partner's question. Then she, too, stared at me.
"Not exactly," I told them, "but close enough."
"Well, are you dead?" the male cop asked.
"No," I said. "I'm just not quite here."
"Then where are you?" the female cop asked.
I shrugged. "I'm not sure. Maybe I'm in Schrödinger's catbox. Some state of quantum uncertainty, anyway. Hey, I'm getting tired of thinking of you as 'the male cop' and 'the female cop.' What shall I call you?"
The two cops looked at each other warily before answering. "This is Officer Farrell," said the male cop. "I'm Officer Hennigan."
"John Hennigan? Sean Hennigan? Angus Hennigan? Thomas Murphy Hennigan?"
Hennigan threw back his shoulders a little. "Tim Hennigan. Sergeant."
"And I'm Officer Cynthia Farrell. Cindy."
I smiled at them. "Pleased to meet you. My name, as you know, is Chris Stein, but you can call me Josh."
(Although we never really became friends, I eventually got to know both of these people rather well. Cindy was fond of mushroom quiche, spinach salad and the O'Jays. Tim preferred sirloin and strawberries from Ponderosa Steak House, and the musical stylings of P.D.Q. Bach.)
"Enough with the pleasantries," Hennigan said. "You're wanted for questioning in connection with the death of Dr. Rachel Grayson."
"Yes, so I've heard," I said. "I'll tell you what you want to know, but there are things I want in return."
"You're in no position to make demands," Cindy Farrell said. "I think you need to come with us downtown."
I shook my head. "Can't," I said. "Not unless we go on foot. The physics of my situation won't allow me to ride in a police car." It occurred to me that I hadn't made adequate arrangements to meet my friends later, in case my interaction with the police proved to be more than a brief diversion. Oh, well.
"Why can't you ride in a police car?" Tim Hennigan asked.
"It can't carry what it can't touch," I explained. "Besides, I'd rather go to the lab. Are you coming?" With that, I walked right past the dumbfounded police officers and out the door, into the 11th floor corridor of Brewster Hall. Not knowing what else to do, they followed me. As I'd hoped, they didn't take the time to lock the door behind them.
Oh, yeah, that was fun. It didn't occur to me until later that I'd come down with a slight case of insanity.
Jerry and Harry were just coming up the hall. "You know what I'm going to miss about this place?" I said loudly, ostensibly to the cops. "Rock and roll. I can live without the Stones if I have too, and even the early Beatles and ex-Beatles. But I'd hate to think that I'll never hear Revolver or Abbey Road again."
Harry shook his head and rolled his eyes at me as I walked past him.
"This is absurd," Farrell said ruefully, as she and her partner hurried after me. "Nothing about this guy makes sense!"
"Well, it makes a kind of sense, but only in context," I told her, "and you don't know the context yet."
"There is no context that could explain all this," Hennigan said.
"Maybe not to you," I said, "but it makes sense to me." We had reached the end of the hall. Fire doors stood between me and the stairs. "Listen, I can't use elevators, either. But you can follow me down the stairs if you like. Or you can take the elevator, and I'll meet you in the first floor student lounge. Your choice." Not waiting for an answer, I walked through the metal door, which clanged open behind me. Good. I set myself at a downward angle and started walking again. My trajectory mostly had me walking on empty air over each step.
"How are you doing that?" Farrell asked. I paused and looked back. She was perhaps eight steps behind me. Hennigan was two steps ahead of her.
"I'm not sure, but it works. Don't worry about it. Look, I don't know how long I'll be here before I disappear again, and I have things to do in the meantime. You want to know what happened to Rachel, and an explanation about what happened to me that doesn't sound completely insane. Am I right?"
"For starters, yes," Farrell said.
"And I want to tell you these things. I'd like to hold a press conference, or at least issue a statement. Do you think you can arrange that?"
"We want a police statement," Hennigan said. "We are not your publicists."
"Fine. I'll do it without you. Where's Grayson?" I said.
"What do you want with Grayson?" Hennigan asked suspiciously.
"Are you planning to kill him, the way you killed his wife?" Farrell asked.
An angry voice replied. "What is wrong with you people? Haven't you ever heard of epilepsy? Or waiting for autopsy results?"
I heard those three questions, the same as those cops evidently did. I thought they were great questions, but I didn't say them. Nevertheless, the words come out of my mouth.
The voice that said them was Rachel's.
Non-Mâvarin Fiction Entry: Meet Joshua Wander, Part Seven
Joshua Wander's origin story is getting too long to summarize here in detail, so please scroll down or check the links at the sidebar to read from the beginning. The not-quite-short-enough version of the story so far is as follows:
The willing subject of experiments conducted by two of his professors, Christopher Stein (the future Joshua Wander) develops an ability to manipulate the electromagnetic spectrum. In doing so, he disappears from the lab into another world, with one of his professors dead at his feet and two small medieval armies advancing on him from opposite directions.
Chris scares the combatants away with lightning, and recreates the conditions that took him out of the world he knew. He reappears in the lab, but he's not really touching anything or anyone. The lab disappears again, along with Rachel and her shocked and angry husband.
Next Chris finds himself in a cave. He ventures out onto the night and seeks shelter in a nearby barn, where he is greeted by the telepathic voices of the horse and cow who live there. They tell him that his coming was foretold. Chris accepts an invitation to sleep in the hayloft.
In the morning, a man who calls himself Onclemac comes into the barn. Chris introduces himself by the made-up name Joshua Wander, and is advised to keep his real name secret. Onclemac tells him he's in Angland. Onclemac himself came from Syracuse, having unwisely read aloud from a spell book. He invites Joshua in to breakfast, and tells him that "Josh" will be a wizard. Josh is unsure that anything he's done can be attributed to magic rather than science, until his experimental attempt to light a fire has obviously magical side effects.
After breakfast, which Joshua spends brooding about unfinished business in the world he left behind, Onclemac shows him the spell book. They use the second spell in it to get back to Syracuse together. However, as before, Chris/Josh can't touch anyone or anything there. Onclemac can: he's completely there as Josh is not. A friend named Jerry comes running up, and is shocked by Josh's translucence. Onclemac introduces himself as Harry MacTavish.
Part Seven: Can't Go Home Again
"So much for our not knowing each other's real names," I remarked.
"Harry" shrugged. "We'll do a mutual protection spell later. Who is your friend, here?"
"This is Jerry Cronin. Jerry, meet Harry, also known as Uncle Mac." Harry looked a little embarrassed at that. "I just met him this morning," I added.
Jerry looked at Harry doubtfully. "I hope you're a lawyer," he said.
"It shouldn't come to that," I said. "I doubt I'll be here that long."
"You're barely here as it is," Harry said. "Did you maybe leave part of yourself behind in my study?"
I shook my head. "I don't think so. This is the only place I can see. But it looks strange—I mean, stranger than usual, even by my standards. It's all pale, and kind of shimmery. But there's no place else behind it that I'm aware of."
"What the hell is going on?" Jerry said. "Professor Grayson told the police and the press that you killed his wife and then disappeared, literally."
This was pretty much what I'd expected Grayson to say, maybe not the part about my physical disappearance, but the part where he blamed me for Rachel's death. "That's mostly true," I said. "Our last experiment gave Rachel a seizure, and what I did probably contributed to that. But I didn't mean to hurt her. I tried to save her, I swear."
"But what happened to you? Where did you go?" Jerry reached out his arm. It went right through me. "Are you sure you're not a ghost?"
I tried to smiled reassuringly. "Not the way you mean."
"Do you think you can do something to align yourself to this reality?" Harry asked. "Would one of your effects help?"
I shook my head again. "I have a feeling that if I try, I'll lose contact with this world entirely. I don't think I'm compatible with this place any more. People like me aren't supposed to be possible here."
"Bummer," Harry said.
"You're freaking me out, Chris," Jerry said. "Are you going to explain any of this to me or not?"
"Yeah," I said, "but not right this second. There are things I need to do while I'm here, and I want to get started doing them. I'll explain as we go."
"Go? Go where?"
"My dorm room."
Jerry made a face.
"What? Did they clear my stuff out of there already?"
"I don't think so, but the police have been in there, all last night and this morning."
"Are they there now?" Harry asked.
"I don't know," Jerry said.
"Well, we'll chance it," I decided. "I need clothes. My good jacket's probably been impounded as evidence by now, but I can use my old one, and shirts and stuff. I wouldn't mind grabbing that wizard costume from Halloween, while we're at it."
Harry cringed.
"What about the police?" Jerry asked.
I shrugged. "It's not like they can arrest me, when they can't even touch me. Damn. That means I can't touch the clothes, either."
"I can carry them back for you," Harry said.
"Assuming they don't arrest me first," Harry added. "I'm not quite as invulnerable to the police as you are."
"Good point. Well, then, if the police are there, you two should wait until I distract them, and grab some clothes for me when the coast is clear. Can you do that?"
"I think so," Jerry said nervously.
"No problem," Harry said with the chuckle. He didn't sound nervous at all.
"Great," I said. "Let's go."
On the way to Brewster Hall, I did my best to explain to Jerry what had happened. Remarkably, he believed me. The average person probably wouldn't have believed a word of it, at least not without compelling evidence; but Jerry had the evidence of his senses. It was obvious from looking at me, and from his failed attempt to touch me, that my relationship with the physical world had changed drastically.
It also helped that Jerry already had at least a vague concept of what the Graysons and I had been up to all semester. More than once he'd expressed concern at my growing strangeness, first when I mentioned the red aura around the D&D books and the blue one around the physics texts, and again when I made Jerry's radio play one day without it being turned on. If seeing was believing, Jerry had apparently seen plenty.
"That picture of you in your wizard costume has been all over the local news," Jerry told me. "Maybe even the national news. To hear them tell it, you and Grayson are both weirdoes and freaks. What would they say if they knew you really disappeared as Grayson said, or that you could do real magic? I mean, look at you. You're not even leaving footprints."
It was true. Jerry and Onclemac left footprints in the dirty snow and mud as we walked, but I left none. I couldn't even feel the ground beneath my feet, although the mechanics of walking stayed pretty much the same.
When Jerry and Harry started down the hill next to Brewster, I found myself walking horizontally across thin air, like a character in a Warner Brothers cartoon who hasn't yet noticed he's just walked off a cliff. "Hey, look! I'm Wile E. Coyote!" I said.
I thought for a moment poor Jerry was going to faint.
Soon I figured out that I could get to ground level by leaning forward to reorient myself at a 30 degree angle. My feet still made no contact with any surface, even when I reached the ground at the bottom of the hill. It was disconcerting, but somehow it worked. Even without touching anything, I could still walk almost normally.
A few students I didn't recognize stared at me as we approached. Maybe they recognized me from the news reports. Two police cars were parked in the driveway in front of Brewster. "I guess the cops are still here," Jerry said.
"Yeah," I said. "Listen. You two go in without me. I'll meet you on the 12th floor."
Jerry looked at me. "What are you going to do? How are you going to get in without the police seeing you?"
"I'm not trying to avoid them, particularly, but it's pretty clear I can't take the elevator," I told him. "I'll just have to walk up the side of the building."
"I'd like to see that," Harry remarked.
"Just meet me inside, okay?" I said. It would be safer for Harry and Jerry to walk in alone anyway, rather than stand outside and watch me, drawing attention to all three of us. "If the police are in my room, wait for my diversion, and go in when the coast is clear. I'll meet you as soon as I can."
I shrugged. "I don't know yet."
"Okay. See you soon," Jerry said.
I waited until they were safely inside. Then I set out to reorient myself toward the twelfth floor. There didn't seem to be any point in waiting to reach the dorm's outer wall before angling myself upward. I set myself about seventy-five degrees from the ground from a hundred feet back, and resumed walking, aiming for the third window from the left on the twelfth floor. My sense of balance told me I was still walking horizontally, even as the world around me tipped crazily. Confusing. As I tried to sort out what my senses were telling me, I missed my dorm room window by a few feet, and walked through the wall instead. It was dark between the girders and wood and plaster, but I had an impression of electrical wiring, which crackled as I went through it.
Then I was in my old room at Brewster. Already it didn't seem like home any more. Two police officers, one of each sex, had dumped my ragged green bedspread on the floor and were stripping the bed.
I couldn't help it. I started laughing. "What exactly do you expect to find in my bed?" I asked.
Three seconds later, two guns were aimed at my head.
Non-Mâvarin Fiction Entry: Meet Joshua Wander, Part Six
Joshua Wander's story is now too long to summarize in each posting. Please see Part Seven for the story up to that point, and Part Twelve for summaries of the later installments. Links to earlier installments are at the bottom of Part Twelve.
Part Six: The Book
I think it was Arthur C. Clarke (or was it Larry Niven? Robert A. Heinlein? No matter; I'm in no position to look it up) who said that any sufficiently advanced technology is indistinguishable from magic. Back in Syracuse, I'd assumed that my ability to produce electromagnetic phenomena was the scientific consequence of all those experiments the Graysons had conducted on me. But in this other world, where wizards walked, and animals talked in people's heads, what I did seemed more like magic than science, especially considering the side effects I'd just witnessed. If I could do that, perhaps I could learn to do other magic as well.
"Food's ready," Onclemac announced.
I sat and ate, but my mind was hardly on the eggs and sausage. I was still thinking about what I had just seen and heard and done, and what it meant for my future. What I had experienced since Rachel's seizure wasn't a dream or a game, an odd D&D adventure with effects by George Lucas. Strange things had happened to me, and it looked as if they were going to continue to happen. My old life was over, but I was having trouble wrapping my brain around that concept.
What was most real to me—what weighed on me more than anything else—was Rachel's death. I couldn't do anything about Rachel now, especially not here in Angland. I couldn't explain to Professor John, or apologize, or give a statement to the police. I couldn't attend her funeral. I had killed her, and nothing I could do now would help her or John or anyone else back home, or even tell them how sorry I was.
As bad as I felt about Rachel's death, I was going to have to deal with much more than that. If I couldn't find a way home—or chose not to try—my life had just changed, drastically and permanently. I would not be doing my Algebra homework from now on, or writing that overdue paper about Romeo and Juliet. I would not be home for Hanukkah, with either parent. I would not be seeing friends or family again, ever. The sudden end of my matriculation at Syracuse University didn't bother me much, but being cut off from everyone I knew was a different matter. What would they think had happened to me? Would Grayson tell people he'd seen me disappear out of the lab, like a character on Star Trek but without the sparkles? Would he say that I'd killed Rachel and fled? Would he say that she died by accident, and that the same accident somehow vaporized me so that there wasn't even a body?
Well, again, there was nothing I could do about it if I didn't get home. Grayson would say what he chose to say, and I wouldn't be able to refute it.
"You're being awfully quiet," Onclemac observed. "Tell me what you're thinking."
"I'm thinking I should try to get home," I said. "It's not fair to the people I left behind not to explain what happened, or even let them know I'm all right."
Onclemac nodded. "I felt that way—at first. But I didn't leave under traumatic circumstances as you did, and I didn't have much family left by then. That probably made it easier to stay away."
"Have you ever been back? Is it possible to get there from here?"
"Possible? Yes, if you're lucky. I've managed it once, but I didn't like it. I soon left again."
"How did you do it?"
"Finish your breakfast, and I'll show you."
So I did, and he did. Hidden away in a small office full of worn, wooden furniture and an eye-popping assortment of books was a locked mahogany box with angular runes carved into the lid. Onclemac opened it with a small gold key, a series of taps and a muttered spell. Inside was an old-looking, thick, leather-bound book. The cover consisted of a simple design in gold leaf, including a single word in letters that weren't quite the ones used in English.
And—at least to my altered sensibilities—it was glowing.
"Is this the book you found at Economy?" I asked.
"It is," he said. "I know it looks like a prop from a Hammer movie, but this is the source of most of my magic."
"I believe it," I said.
Onclemac looked at me curiously. "Why do you say that?"
"Well, it's glowing," I said.
"Really?" Onclemac looked surprised, and rather pleased. "It doesn't do that for me." He opened it to the first page after what looked like a title page. "The pages on the left are spells. The ones on the right are sort of counterspells. They undo the spells next to them, assuming you survive long enough to read them."
"How do you know what the spells do? There are no illustrations. Can you read the language the spells are in?"
"I've managed to decipher a few words over the years, but mostly I have to try a spell to see what it does, and keep notes on which one does which."
"That sounds dangerous," I commented.
"It is," Onclemac agreed cheerfully, "but it's usually worth it." He flipped forward a page, and pointed. "Spell number two is especially helpful. That's the one of language comprehension. I say it once for each new place I go."
"Why don't you use it to understand the book?" I asked.
Onclemac smiled. "I'd have to be in the place where this language originates for the spell to be useful. I haven't found that yet. Even if I did, there may be a charm on the book to prevent such shortcuts." He shrugged. "So I study, and when that gets too boring I experiment."
"Do you think this book can help me get home?"
"Maybe." He flipped back a page to Spell Number One. "This is the spell that took me out of the world I knew—and the world after that, and the one after that. Now, it seems to me that you've been doing that outward bound stuff just fine on your own. But what if you were to say Spell Number Two? It might take you backwards, without your even saying spell Number One."
"And if it doesn't?"
"It might do nothing, or it might send you to some other world at random, just like Number One. Either way, I'm coming with you to keep you out of trouble."
"Okay, thanks. How?"
"I just need to be touching you while you say the spell. I'll also be holding the book, by the way, so don't get any ideas about absconding with it. Ready?"
I nodded. "I guess so."
He held the book open before me. "Memorize Number One, first. You may need it. But don't say it aloud yet."
I looked at the left hand page. In half-familiar letters, it said, "Ba keep ooch ma vere."
"Not very long, is it?" I said.
"Nope. That's what makes it easy to memorize. As far as I can tell, it pretty much means, "Get me the heck out of here."
I laughed, and read the other one silently. "Ba keep lor me fole."
"Have you memorized Number Two yet?"
I read it through several more times. "Yes. I've got them both."
"Great." He shut the book and grabbed my hand. "Now say it."
With the first word, light poured into the room to surround us, along with the book. A humming noise, like guitars plugged into overloud amps, began somewhere near my mouth and spread out from there.
As I finished the word "fole," the room disappeared.
The next thing I saw was Crouse College, hulking over the rest of the S.U. campus in the December sun. Onclemac stood beside me. He looked impressed. So did Jerry, an overweight friend of mine from the D&D group. He came running toward us across the Quad, shouting, "Chris! Wait up!"
"Interesting," Onclemac said. "You're still not quite here, but I am." He tucked the book under one arm, just as Jerry arrived in front of us. He was panting.
"Chris!" Jerry repeated. "You're alive!"
"Um, yeah," I said.
Then something extraordinary happened on Jerry's red face. The expression of joy and relief drained away, replaced by one of horror and fear. "Uh, are you sure you're alive?" he said at last? "I mean, I can see through you."
"Told you," Onclemac said to me. To Jerry added, "He is alive, though. Really."
"Who are you?" Jerry asked. He was staring at Onclemac now, as well he might. The ex-optometrist wizard wasn't exactly dressed for Syracuse in December. My sweatshirt was back in Onclemac's front hall, but none of the cold of the snowy, windy Quad was reaching me. Interesting.
Onclemac stuck out his hand for Jerry to shake. "Harry," he said. "Harry MacTavish. I'm a friend of Chris's."
Non-Mâvarin Fiction Entry: Meet Joshua Wander, Part Five
The following except from JW's autobiography is unrelated to the Mâvarin books, except tangentially through an unfinished short story.
Part One: The willing subject of experiments conducted by two of his professors, Syracuse University student Christopher Stein (the future Joshua Wander) develops an ability to manipulate the electromagnetic spectrum, creating light shows and other effects. In the midst of doing so, he disappears from the lab into another world, with one of his professors dead at his feet and two small medieval armies advancing on him from opposite directions.
Part Two: Misunderstanding Chris's attempts to revive Rachel, the two groups of fighters seem as intent on attacking Chris as each other. Unable to overcome the language barrier to explain, Chris scares the peasants away with lightning, and manages to disarm an attacking noble as he recreates the conditions that took him out of the world he knew. He reappears in the lab, but he's not really there, not really touching anything or anyone. The lab disappears again, along with Rachel and her shocked and angry husband. Chris finds himself in darkness.
Part Three: Chris quickly realizes that he is in a cave. Despite the cold and wind, he ventures out into the night, crossing farmland on a dirt road under too many stars. He seeks shelter in a nearby barn, where he is greeted by the telepathic voices of the horse and cow who live there. They tell him that his coming was foretold, and offer to let him sleep in the hayloft. Chris accepts the invitation.
Part Four: In the morning, a who calls himself Onclemac man comes into the barn. Chris introduces himself by the made-up name Joshua Wander, and is advised to keep his real name secret. Onclemac tells him he's in a country called Angland. Onclemac himself came from Syracuse, having unwisely read aloud from a spell book in a used book department. He invites "Joshua" in to breakfast.
Part Five: Light My Fire
As I followed the man who called himself Onclemac (Uncle Mac?) toward a farm house with a tarred and thatched roof, I reviewed what he had told me. Like me, Onclemac was a former resident of Syracuse, New York, but we weren't in Syracuse now. We were in a country called Angland, where magic supposedly worked. Onclemac had not reached this place by scientific accident, as I had, but as the result of a spell in a book he'd found. Or so he claimed.
The question was, did I believe him?
"Excuse me," I said as we reached the man's front walk. Instead of flagstones, this consisted of foot-long slabs of something that looked like opal. "You said something earlier about my being who you thought I was. Last night, your horse said my coming was foretold. Who and what do you think I am?"
"Pretty much who you said you were," Onclemac said. We reached his front door of painted blue wood. He unlocked it with a small brass key and held it open for me. "Come in."
"That doesn't tell me anything," I complained.
"That's true," Onclemac said. Onclemac's front hall looked much like an illustration of Bilbo's hobbit hole, except that it wasn't round. It was all polished wood and round windows and a large stone fireplace. Onclemac took off his cape and hung it on a rack by the door. I decided to leave my sweatshirt on, but I brushed away some loose hay that still clung to it. In doing so I discovered that a few wires were still hanging from my head. As I pulled them off, I thought for a moment I could smell Rachel's perfume.
I had no time to think about this, however, because Onclemac said, "Come on into the kitchen, and I'll tell you what I know about you. It's not much."
"Fair enough," I said, and followed him.
The kitchen had an oak table and three chairs, oak cupboards, and an herb garden on the window ledge. Onclemac got out some sausage and eggs to cook on his wood-burning stove, all the while talking about everything except what I most wanted to know. "There's been some Renaissance action here, but not to the extent you might expect. Nobody's even discovered America yet. There is a Leonardo in Italia, but from what I hear he's mostly been inventing magical devices, not scientific ones. If it weren't for the printing press and movable type, I probably wouldn't stick around. I'll be surprised if they have an Industrial Revolution at all, ever."
"Why is that?" I asked.
"They don't need it. Magic makes a pretty good substitute for science, as long as the population stays low and the society is mostly agrarian."
I was getting impatient. "What does all this have to do with a prophecy about me?"
Onclemac turned the sausage patties before answering. "I just want to impress on you that magic is to be taken seriously in Angland. The laws of magic are as real here—and in several other worlds I've visited—as the First Law of Thermodynamics is back home."
"How do you know it's real?"
"I know because I've done magic myself. It works. Back in Syracuse I was an optometrist. Here I'm a wizard." He pointed at me with his wooden spatula. "You'll be one, too."
"Again I ask: how do you know?"
"Spell 17."
"Spell 17?"
"It's my general purpose divination spell. It said that my apprentice would arrive this week from a place that is known to me. You'll be here for three weeks, after which I won't see you again for ten years."
Finally I was getting answers, but I wasn't sure I could trust what Onclemac was saying. "And you believe this? What if I don't want to be a wizard's apprentice?"
Onclemac spread his hands, palms up. "Is there something else you'd rather do?"
He had me there. "I suppose not. Can anyone learn magic?"
Onclemac shook his head. "Not one person in ten can do it. But you can." He put the sausage patties on a couple of plates as he added. "You've already done magic."
"Are you talking about my traveling between realities? That was science."
Onclemac broke a couple of eggs into the iron skillet. "Perhaps it was, back in Syracuse. Here, it's magic. So was your conversation with Ed and Elsie."
"But other than Ed and Elsie, I haven't done anything special here," I protested. "I figured that the animals were magical, not me."
Onclemac looked at me thoughtfully and nodded to himself. "Let's settle this with a practical demonstration," he said. He unlatched the metal door on the front of the stove, revealing three half-burned pieces of firewood. He muttered some words I didn't understand. Flames died. Embers stopped glowing. Then he gestured to me. "Light my fire, Josh."
It felt weird to be called by my newly-adopted name, already abbreviated into a nickname. I shrugged. "I'll try." Fortunately, there was plenty of sunlight in the room. I concentrated it and aimed it at the wood, much as someone might use a magnifying glass to set a piece of paper on fire. Instead of the controlled beam I expected, the light gathered at my fingertips and shot into the wood as a bolt of blue lightning. Fire sprang up all at once from every inch of wood, in the shape of an undulating female dancer. I thought I heard a few bars of a Jimi Hendrix song—both guitar and vocals—just before Onclemac slammed the door shut to avoid getting singed.
"That, my friend, is magic," said Onclemac.
I nodded. "You're right. That is magic. Maybe I am a wizard after all."
A Letter from Fayubi
The following letter was written twenty years before the events of Heirs of Mâvarin.
Sabedu, 5th day of Mudelem, 876 MMY
Harisi--
Well, I finally took your advice about that one prophecy. It only took me eleven years. King Jor turned out to be a rather nice man, with a streak of eccentricity that runs at least as deep as mine. He's worried now, though, as we knew he would be. He believed everything I said, even if he didn't understand it all. Perhaps now that he knows there's trouble ahead (not that he doesn't have plenty of trouble already), he will appreciate what he has while he still has it.
I got through the battle of Eplimar all right, wondering the whole time why the Infinite sent me here before the fighting started, and then told me not to talk to the King before the fighting was over. I managed to help the King's forces with some illusions. My only injury was when a horse stepped briefly on my foot. Nothing's broken, fortunately. I'm hardly limping any more. There were a few moments when I was in real danger, but a couple of the King's soldiers drove off the Mâtonans (not mages, but conscripted villagers) who had targeted me. I think the Mâvarin soldiers were named Jami and Pol. I have a feeling I'll see them both again someday.
After the battle, I finally found out why I'm here, aside from delivering the prophecy to the King. I was walking by a burned-out house--there is terrible devastation, far too depressing to describe to you--when I saw a girl sitting in front of it. Her eyes were all scrunched up, as though she was determined not to cry, not to show any fear or weakness. She was thirteen years old, tidy and pretty but not really beautiful. She was looking for somebody to help her bury her parents, whose charred bodies were still in the house. Mera was willing to exchange her freedom--four years as a bond servant, doing even the most degrading tasks a teenage girl might have--for her parents' burial and her own food and shelter. So of course I did what she wanted, but not on those terms. Congratulate me, Hasi--I have a daughter! Mera is bright and honest and hard-working, and a wonderful cook, it turns out. She's very lucky I heard her offer before some randy soldier got to her, and I'm very lucky she came into my life. Of course, it's not really luck at all, but a blessing from the Infinite.
I'm working on a comic ballad at the moment, partly to cheer Mera, and partly to be performed when I play the itinerant entertainer. See what you think of what I have so far:
The Beaver and the Bear went a-walking up a hill
(Back when the trees were growing there still).
And some bees started buzzing, like the bear's own snore,
And the Bear said, "Look! That's what trees are here for!"
The Bear said the trees were for storing up honey,
And the Beaver said trees were for building a dam.
But the farmer said, "The trees here are costing me money.
It'll be much better when I clear the land."
The Bear said, "You've used trees to make yourself a house,
And so does a human, and the tiny titmouse.
But the best tree-houses are made by the bee,
Because they're the ones that make all that honey for me!"
It will be a whole parable about the way all the animals can use the land together until the farmer ruins everything. It probably won't go over well outside Gathmak, but oh, well.
Say hi to Pata for me, and come visit when you can. Mera and I should be home three weeks from tomorrow.
Fayubi
Labels: Mâvarin, MavMissives
From the Secret Diaries of Commander Wil Masan
The following diary entries, by the Commander of the Palace Guard, are concurrent with chapters six through nine of Heirs of Mâvarin.
Comerdu, 13th Day of Dortem, 896 MMY
There was an odd disturbance this evening, something about traitors in the city. 'Nishmû knows there have been plenty of so-called "traitors" arrested over the years, but this was different. Princess Cathma mentioned to Prince Carli at dinner that she met a girl her age at the home of the mage Rutana. Within an hour of that conversation, the First Minister had put the Palace Guard on alert. The girl, I'm told, is an impostor princess, in Thâlemar to overthrow the royal family. I have my doubts.
Sabedu, 14th Day of Dortem, 896 MMY
Queen Talea, Princess Tãrna and Prince Areno arrived from Fãrnet this afternoon. It's an awkward time for their visit, because of this business with the alleged impostor princess. She got away from Captain Herton, just barely. Instead, Herton arrested his predecessor, Captain Ramet, along with his son. I would like to have questioned these two, but Imuselti had already released them by the time I got the news--unluckily for them. I will have to get one of the Prison guards to keep me informed what's going on down there.
I did learn that the mage Dupili escaped from the political wing today, probably with outside help. Dupili had already been there for a week, a long time to defy Imuselti successfully. Naturally I'm glad that my ex-girlfriend's father is no longer imprisoned, even if I don't know how he managed it. I'm grateful that my Palace duties do not officially include what goes on downstairs in the Prison.
Interestingly, Herton dismissed Lok Awer from the Guard for attacking the Ramets after the arrest. The First Minister upheld his son's discharge. Good for him. The lad has always been a troublemaker.
Nishmudu, 15th Day of Dortem, 896 MMY
No news on the impostor front today, only rumors. The word is that the impostor princess has a brother down south somewhere. He is said to be dead or dying. Nobody seems to know the source of this intelligence, if that's what it is.
Meanwhile, we've been kept busy with the royal visit. There are few Palace duties less interesting than watching Princess Cathma show little Princess Tãrna the royal gardens and the royal wardrobe. I suspect Princess Cathma would agree with me on this.
Masheldu, 16th Day of Dortem, 896 MMY
No news on the alleged impostors. I kept an eye on Princess Cathma and Princess Tãrna as they toured the local churches. Sheldi Aldan had more interesting duty, accompanying Prince Carli and Prince Areno on a hunting trip. Modo Bruber guarded King Jor and Queen Talea. Their conference seems to have been almost as ceremonial as their children's activities. I have to wonder why Fãrnet's royal family, minus the ailing king, would travel so far to accomplish so little.
Thaledu, 17th Day of Dortem, 896 MMY
Princess Cathma was missing from the Palace for a short while today, but nothing came of it. It was during a lull in her scheduled duties entertaining Princess Tãrna. Smart girl, that Cathma. In the evening, she finally got a real break from her babysitting, attending a play with Prince Areno. It wasn't a good play, but I doubt she cared about that.
The weird news of the day is that tengremen were spotted in the city. Rather than give the order to attack the creatures that kidnapped the King so long ago, the First Minister actually met with them. My guards were not allowed in the Sun Room during the meeting, so I have no idea what was said.
Meanwhile, there was another magic-assisted escape from the political wing of the Prison. This time the prisoner was a tanner from Liftlabeth. He supposedly knew the impostor princess, but when I spoke to him he refused to say anything helpful. He seemed more bewildered and put upon than conspiratorial. He was gone before anyone else questioned him. I have not reported my failed interrogation to the First Minister. Fortunately for me, he and King Jor seem content to exclude me from the obviously political arrests. As long as Imuselti is their royal interrogator, I'm not going to do anything to change that.
Still, I would like to know what's really going on.
A Letter from Rithe Fost
The following predates the beginning of Heirs of Mâvarin by almost exactly fifteen and a half years.
Masheldu, 6th Day of Genorem, 881 MMY
Dear Meligor,
You will be pleased to learn that my son was born yesterday, just as you predicted. The midwife tells me that the birth was among the easiest in which she has participated, although it did not seem that way to me. What matters is that he seems to be a completely normal, completely healthy baby. Dear Mâshela, may he always be as normal as he is now!
I have named him Rani Fost, since it seems foolish to give him the surname of a father he will never know. Rani is as dark as his dad, which will be a little awkward in this village where everyone is as pale as I am. Still, the people of Liftlabeth all seem to be friendly, tolerant people. They should provide a good environment in which to raise my son, far from the madness, the savagery and the magic I left behind. Mâshela willing, Rani will never need to know about any of that, much less experience it himself. He will obviously know of his Mugalan ancestry, but not about the terrible life that his father and I were forced to lead, the enslavement that had nothing to do with the color of his father's skin.
If your son survives, recovers his wits and comes to see you, please tell him to stay away from Liftlabeth. I have begun a quiet, stable life here. His arrival would compromise that. After what happened, I can't ever trust him to be around Rani. Even if he is fully recovered and stays that way, he will never be normal enough for Liftlabeth, and his belated appearance would invite questions that I'm not prepared to answer. Please tell him that I'm sorry. I know he is not in any way to blame for the attack, and I wish things were different. But that is how it must be, for Rani's sake.
The money Zagorni gave me is almost gone, but I'm now earning enough at market each Comerdu to get by. I have even started to get custom orders for clothing, especially dresses in the hard-to-get colors. My customers don't need to know how I produce the red, green, silver, gold and purple cloth.
Thank you for all you have done for us.
Rithe
Art by Sherlock
Posted by Karen Funk Blocher at 12:21 AM No comments:
A Letter from Uncle Jamek
The following is the message for Crel that her Uncle Jamek sends north with Bil Gorben in Chapter Seven of Heirs of Mâvarin.
This will have to be cryptic. I'm sure you understand why. The bearer of this letter can tell you about recent local events, but that's all. The less he knows about our plans, the safer we all will be if something else goes wrong.
I know where your brother is going. R. is with him, and yes, F. was right. My hired help and I are going to try to catch up with them. It's not likely that I'll be back soon. I going to go with your brother rather than try to bring him home. This is partly for R's sake, but mostly because F. was right about your father, too.
YOU ARE IN DANGER. Strangers have been here, almost certainly from Mâton, asking questions. There's a chance they know who you are, and where you've gone, but they probably don't know where specifically you're staying. Do not go outside P's house. Do not talk to strangers. Especially, do not go looking for F. We don't know how he fits into all this, or whether he's really on our side.
In the unlikely event that something happens to your hosts, try to get to the place where you saw the mice. M. can probably keep you safe if you stay out of sight, and say nothing to anyone about all the things I'm sure you're dying to talk about. Just tell M. that I've gone to find the man who never came back, and that I'll pay for everything when I return. If the first part of that doesn't make sense to her, remind her where I used to work. I'm pretty sure she already knows that much.
I know this isn't what you wanted or expected, and I know you feel I no longer have the right to tell you what you can and cannot do. But please, for your own safety, rely on my borrowed authority a little longer, and obey. Most of all, be careful!
May the blessings of Mâshela and Thâle be yours.
Journal Entry #1: Crel's Diary, First Entry
Journal #Entry #3: Crel's Diary, Second Entry
A Londran Police Report
The following takes place concurrently with the third volume of Mages of Mâvarin, in the alternative version of Gerbrin, the capital city of Londer. Londer is an ocean away from Mâvarin, and very different in language, calendar, technology and societal norms.
Progess Report
Gerbrin Police Department
Magic Enforcement Division
Case # 78234
Subject: "Faithful" Cult
Supervising Officer: Inspector Stradle
We are maintaining surveillance of the River Street residence where the monsters were found and the cultists arrested. One of the reported monsters, formerly a cultist named Mondred, remains at large, with no further clues to its whereabouts. Also missing are three other monsters, all of them reportedly foreigners, and the cult leader, Cherlas Dewared, age 47.
The human cultists remain cooperative. They have all renounced the use of their illegal and dangerous "spirit drink," a variant of which caused the transformations. Analysis of this potion reveals a high blood content as well as undefined magical properties. The blue spirit drink conferred illegal abilities to the cultists on a temporary basis. The green variant, reportedly made with the blood of the foreign monster, induced the unnatural transformations. It is not clear exactly where this monster and its formerly human companions came from, nor where they escaped to after the debacle. Inspector Reger has suggested that one of the ancient portals may have been found and activated. Eyewitness accounts suggest that before they became monsters, the two human foreigners spoke an unknown language they called Mavarinue.
Dr. Sowart has analysed the bodies of the three monster cultists killed yesterday, as well as the human cultist who was apparently killed by the monsters five days ago. All four bodies appear to be completely human now, with no trace of the hooves and horns and fur my officers and I saw in three of them before we shot them. The cause of death in the murdered human was a slash across the throat, possibly from a monster's claw. The body had numerous gashes, quite obviously from the monsters' teeth and claws. He has been identified as Ruthar Gawareth, age 43, a physician. The three ex-monsters have been identified as follows:
"Sister" Belithize Waltor, age 27, a primary school teacher,
"Sister" Nane Verdun, age 52, elder sister of Councillor Shane Verdun, and
"Brother" Torben Isling, age 25, a shop clerk.
Before expiring, the monster Belthize stated, in barely understandable words, that cult leader Cherlas Dewared had been killed by the foreign monster whose blood was used in the green spirit drink. Our working theory is that the fourth monster cultist, "Brother" Mondred Pons, age 36, a locksmith, escaped through the same portal as the three foreign monsters. Our search continues for the alleged portal as well as the fugitives.
Due to the clandestine nature of the cult's operations, and the quick actions of this department, very few people outside the cult and the constabulary seem to be aware of recent events, particularly with respect to the monsters. The only non-cultists seen at the River Street address today were three relatives of one of the deceased cultists, although none of us seem to recall which one. There have been complaints about what amounted to a small illegal zoo behind Dewared's residence. However, most of the animals were gone by the time of the arrests.
An artist's rendering of the monsters is attached. Each one has four legs after the manner of a horse, two arms that end in clawed hands, a heavily-furred upper torso, and a wolflike head with yellow eyes and a single horn. One of my detectives remarked that whoever created the creature evidently drew on several well-known mythical creatures for inspiration. An unconfirmed report names the monster a "tengrem."
Detective Inspector Petro G. Stradle
A Dispatch from Barselti
(The following is the letter the King is reading in the opening scene of Mages of Mâvarin)
Umvardu, 13th Day of Fredor, 897 MMY
Your Majesties:
Things are quiet here for the moment, but there's no knowing (Fayubi excepted) how long that will last. By the time Nalo gets this letter to you, everything may have changed. Perhaps you could ask my mother to set up a nice, discreet portal between Thâlemar and my cottage. That way, if major trouble erupts here you will be able to respond faster - if there's anything you feel you can do about it at all. The actions of a few dozen tengremen at the other end of the country may not be a major priority for you right now, but I promise you, they will be.
So far, Albi is still allowing dissident tengremen to leave Gathmak, if he finds he can't control them as pack leader. He predicts that they'll be back, because there's no place else a tengrem is welcome--except Varthtimar, of course, and that's practically uninhabitable. That's where he thinks they're all going. Miserable place. I've seen it. A few tengremen really are living in the swamps down there, but not many.
If Albi knew that the deserters all had necklaces, I'm certain that he'd be less tolerant of their going. In theory, they can live as humans wherever they want, far from Albi and his ambitions. That's anathema to Albi, and problematic for us as well. Let me assure you that I screen them all very carefully before helping them, both for emotional stability and for their loyalty to Mâvarin. There are too many amoral or pro-Mâton tengremen galloping around the country as it is, without my adding to them.
I'm trying to steer as many of the dissidents as possible to the new settlement outside Skû. The humans in the area are relatively tolerant, and the tengremen are only a few days from Gathmak if it comes down to a fight.
As for myself, I've been very careful to keep my production of extra necklaces a secret from everyone but Zagorni. Even the tengremen I give them to are told that their particular necklaces are my only "spares." Still, I've had a few close calls in which Albi saw a dissident in the vicinity of my cottage. These days I'm coming to them rather than risk their visits to me. I do it in the middle of the night, bearing charms that render me invisible and unsmelled.
I hope your new Minister of Tengrem Relations can work something out with Albi, or reinstill in him some respect for the human government. I can't imagine anything Cort could say to accomplish this. Albi's latest scheme seems to involve identifying tengremen who are both loyal to him and capable of being trained as mages. If he can accomplish that, he'll be able to banish me and the other humans from Gathmak. That's assuming he doesn't try to have us killed instead. Fortunately, he won't be able to replace his human "allies" that quickly or easily. There are tengremen with talent, but instruction in magic takes years - and I don't know who Albi thinks he can get to do the training. He's certainly not looking to humans to do it. You may want to warn Meligor.
Hari, Harisi, Haro, Hariso, and Harisoni
Okay, now I'm embarrassed. But it's not my fault, honest!
Back in 1989, when I finally finished my first draft of Heirs of Mâvarin, I had a walk-on character at the end named Harisoni. This mage's talent is sending people to what he calls "the subjective plane," there to learn about the universe and their place in it. I named him Harisoni as a riff on George Harrison, because Harisoni is essentially a mystic.
Since then, the character has developed into Fayubi's lifelong best friend. They run away to Mâton together as children, are roommates all through school, and stay in touch afterward. This is all backstory, taking place decades before the events of the first book. But when Fayubi gets in terrible trouble in Mages of Mâvarin, Harisoni turns up again as his friend and guide.
So anyway, six months ago I decided to shorten the character's name by one syllable. Y'see, mages get an extra syllable added to their names at their Robings, so having a three-syllable name in Mâvarin usually means that you're a mage. Because being a mage is not universally thought of as a Good Thing, most children are given one or two syllable names: Pol, Clif, Suri, Masha and so on. (A final a or e makes it a girl's name, and an i or o makes it a boy's name.) That way, when they're adults, nobody will think they're mages unless they really are mages, and their names really have been lengthened. This is all stuff I worked out years and years ago.
But Harisoni is four syllables, and the derivation is too obvious. So Harisoni became Harisi. Working backwards, Harisi's childhood name (and the nickname his wife uses) became Hari.
This was all fine and dandy until last night, when for the first time I wrote a scene that takes place decades before the first book, in which Hari and Fabi run away to the Mâton College of Magic. That's right: the kid's an orphan. Named Hari. At a school of magic.
It didn't occur to me until tonight that someone might be reminded of an orphan named Harry, at a school of witchcraft and wizardry. Aargh!!!!!!
So. I can let Harisi be Harisi, with a childhood name that was meant to evoke Hare Krishna but which can be construed as a ripoff of J. K. Rowling. Until I write the prequel, the character's always going to be an adult called Harisi anyway, having essentially nothing in common with that Potter kid except a lack of living parents. (When you're pushing 50, that's not terribly unusual.)
I can do forty documents' worth of search and replace, turning him back into Harisi / Harisoni. Maybe nobody will notice that he's a musical mystic with a Beatlish name and a quirky sense of humor. That'll work, right?
Sara suggested Haro for the childhood name. That way he becomes Hariso as a mage. The Beatle reference becomes less distractingly obvious, the Potter connection fades, and I just have to deal with the fact that I don't like the name much.
What should I do? People who actually read and like this stuff, please comment or email me (mavarin at aol.com) your thoughts on this subject. Thanks!
P.S. (Monday, 11:36 AM MST) Here's a thought. How about Hasi and Harisi? That follows the naming rules, eliminates the Potter connection, and leaves the character with his current mage name. Only problem is that Hasi sounds a bit like Jonny Quest's friend Haji. Whaddaya think?
And then there's this. Becky asks:
= How about Haru, Haruo... Haruo is Japanese for Spring and also my FIL's name. Haru for short. Or you could just change the first character of his name. Bari, Barisi, Barisoni...yadda. :-) =
I like both of those names, but they don't port well linguistically. Haru would be a monûn name in Mavarinû because of the final u, and the character doesn't qualify for that. (Baku is a monûn character.) The mage name would be Harusi or Haruso (does he sing opera?) or Harisu, which sounds Japanese but still follows Mavarinû nomenclature. Mavarinû doesn't have adjacent vowels, so Haruo doesn't work. Nice names, though. I could probably dump the distinction of the final u being ethnically monûn, but not without going through my character lists and seeing where things stand now in this respect. I have over 150 named characters, so every change has potential consequences.
Li's brother, Barselti, was named Barisi in an earlier draft. And yes, his childhood name / nickname is Bari.


Remake of Goldilocks and the Wild Bears from Quickspin!
«Remake of Goldilocks and the Wild Bears from Quickspin!
We all already know Quickspin and remember, that it's a popular company, which belongs to Playtech Group and creates amazing Slots. One of the company's masterpieces, Goldilocks and the Wild Bears, has recently been remastered by the manufacturer. Now it has an improved graphics and a great innovative feature called Achievements Engine.
For the first time the game was released in 2014 and now our favorite girl with golden locks is back again, naughtier and prettier than ever before. The enhanced HTML5 improved the user experience greatly and now you can enjoy the portrait mode for the very first time!
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Daniel Lindberg, Quickspin CEO, says that the remastered version of the game will become even more popular than the original version. Using HTML5 technology is a great step for the company and the game itself, because now it has an improved look and so many tasty features! Achievements Engine and the improved graphics will surely attract more new gamblers.
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Bear Hunting
Vermont Woman Charged With Attacking Hunters With Bear Spray
The hunters were training bear hunting dogs when the woman pepper-sprayed them
By Steven Hill | Published Jul 27, 2022 4:00 PM
The hunters reported being stopped in the road and attacked with bear spray. Frontiersman Bear Spray
A Vermont woman has been charged with assault, disorderly conduct, and interfering with a hunter after allegedly using bear spray on the former president of the Vermont Bear Hound Association and two hunting companions while they were on an outing with their dogs during the state's bear hound training season.
Ellsworth "Butch" Spear told game wardens with the Vermont Fish and Wildlife Department (VFWD) that he and his fellow hunters, one of whom is a 13-year-old, were pepper sprayed by Liza Nanni near Groton State Forest after the woman stepped into the road to block their truck as they drove around in search of bears.
"My first words to her were to ask her to get out of the road," Spear told the Vermont newspaper Seven Days. "She told me to go F myself and a bunch of other things. She ended up pepper spraying all three of us."
Vermont's season for hunting bears with hounds opens September 1 for residents and September 15 for non-residents. Hunters who use hounds to chase bears are allowed to train their dogs from June 1 to September 15.
Hunting with hounds has been a divisive issue in Vermont, and Spear has been a high-profile defender of the season against efforts by animal rights groups to end the practice. A bill to ban bear-hunting with hounds failed in the state legislature recently, with state wildlife officials defending the practice as a Vermont tradition and an important tool for keeping bears wary of humans. Conflicts between bears and people in the state have been on the rise for a decade, increasing from 135 reports in 2011 to 650 in 2021. More than 700 reports have been submitted so far this year, and the VFWD has been reminding Vermonters to be more vigilant about securing vehicles, homes, and outdoor food sources from bears.
"We are receiving more bear incident reports, and more concerningly we are also receiving more reports of truly high-risk behavior by bears," said Jaclyn Comeau, Vermont's wildlife biologist and Black Bear Project leader. "In a typical year, we receive just two or three reports of bears breaking into homes. This summer, we are hearing of two to three attempted or successful home entries per week."
Read Next: Angry Villagers Beat Bear to Death After it Kills Three People in India
The confrontation between Nanni and Spear occurred July 10, and game wardens reviewed video of the incident recorded by both parties before charging Nanni. She will be arraigned on Sept. 26 in Caledonia Superior Court.
In a press release announcing the criminal charges, VFWD Commissioner Christopher Herrick said, "I support all Vermonters with their shared passion for wildlife. No matter how different our practices or approaches may be, we all must remain civil and respectful as we enjoy the outdoors. I strongly condemn the criminal behavior that occurred in Groton."
Michigan Man Cuts Straps on Another Hunter's Tree Stand, Causing Dangerous 20-Foot Fall
Thomas Steel III pleaded guilty to intentionally sabotaging...
Colorado Town Deals with Series of Mountain Lion Attacks on Pet Dogs
Colorado Parks & Wildlife has responded to three...


The N.C. Department of Transportation will hold a public meeting regarding the proposed project to construct un-signalized superstreets at the intersections of U.S. 401 at North Parker Church Road (S.R. 1411) and Pittman Grove Church Road (S.R. 1413) in Raeford. The term "superstreet" refers to a design concept incorporating the use of "median left-overs," which eliminates the left turn from a side street onto the main street and requires a vehicle that wants to turn left to, instead, make a right turn and then U-turn. By limiting the number of conflict points between vehicles during traffic maneuvers, the potential for collisions is therefore reduced. The meeting will take place on Thursday, January 11, 2018 from 5 p.m. to 7 p.m. at the Mt. Pisgah Community Resource Center located at 373 Pittman Grove Church Road in Raeford.
The purpose of this project is to enhance the safety and mobility along U.S. 401 at North Parker Church Road and Pittman Grove Church Road.
The public may attend at any time during the above mentioned hours. NCDOT representatives will be available to answer questions and listen to comments regarding the project. The opportunity to submit written comments will also be provided at the meeting or via phone, email, or mail by January 26, 2018. Comments received will be taken into consideration as the project develops. Please note that no formal presentation will be made.
Project information and materials can be viewed as they become available online at http://www.ncdot.gov/projects/publicmeetings.
For additional information, contact John Grant, P.E., NCDOT Regional Traffic Safety Engineer by mail: 1561 Mail Service Center, Raleigh, NC 27699-1561, by phone: (919)814-5127, or via email: jhgrant@ncdot.gov.
NCDOT will provide auxiliary aids and services under the Americans with Disabilities Act for disabled persons who wish to participate in this meeting. Anyone requiring special services should contact Caitlyn Ridge, P.E., Environmental Analysis Unit via e-mail at ceridge1@ncdot.gov or by phone (919)707-6091 as early as possible so that arrangements can be made.


Vadodara, India's one of the most Cosmopolitan cities, formerly known as Baroda is mainly known for its diversified culture and so it is known as 'Cultured City'. Not just limited with the culture or heritage, it is synonymous with education too, also the city is called 'Gateway to the Golden Corridor' due to its location. Because of NIST's several remarkable successes all over India by providing Safety Course trainings, our youngest and blooming branch is instituted in Vadodara, in July 2017 at Siddharth Complex, near to Express Hotel. With sophisticated training facilities and dedicated trainers, we provide well-organized NEBOSH, IOSH and British Safety Council Courses training in Vadodara to the students that benefit their Career.


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Posts Tagged class action
Wigmans v AMP. Abuse of process and multiplicity of proceedings.
[2019] NSWCA 243 Wigmans v AMP concerns the challenging application of fraus /abuse / vexatious and oppressive proceedings principles to multiplicity of proceedings. Fraus or abuse is not easily applied in civil procedure let alone conflict of laws context. See e.g. my critique of Pablo Star but equally other postings; search tag 'abuse' or 'fraus' should help locate them. Neither is the common law Aldi rule requiring claimants to bring grouped cases together easy to consider.
Following testimony given by executives of AMP in the (Australian) Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, five class actions were commenced within a short time of each other on behalf of shareholders in AMP who had made investments during periods of time in which it was said that AMP ought to have disclosed certain information to the market. Four of the five class actions were commenced in the Federal Court but were transferred to the Supreme Court. Two of the sets of proceedings then consolidated so that five became four. Each of the respective plaintiffs of the remaining four pending proceedings brought applications to stay each of the other sets of proceedings. AMP, whilst not filing a stay application, supported an outcome in which it would face only one set of proceedings.
Unclear principles on the issue have led to considerations of 'beauty parades' (which legal team might best lead the class action) as well as third party funding implications.
The primary judge ordered, pursuant to ss 67 and 183 of the Civil Procedure Act 2005 (NSW) and the inherent power of the Court, that the representative proceedings commenced by 3 of the 4 be permanently stayed. Each of these 3 fell within the definition of group member in the 4th, the 'Komlotex' proceedings. Ms Wigmans, one of the 3, made an application for leave to appeal that decision.
The issue in respect of which leave to appeal was granted (but appeal eventually refused) related to the principles applicable to applications to stay and counter-stay multiple open representative action proceedings.
The case therefore does not strictly relate to conflict of laws, rather to civil procedure and case management. However multiplicity of proceedings is clearly an issue viz conflicts, too (think lis alibi pendens; forum non etc.) hence I thought it worthwhile to flag the case; in which Bell P quotes conflicts handbooks; and in which 85 he expressly considers forum non and Cape v Lubbe. The House of Lords in that case had refused to stay proceedings which had been commenced in England where it was said that South Africa was the natural or more appropriate forum, in circumstances where it was held that the proceedings could only be handled efficiently and expeditiously on a group basis in England where appropriate funding was available. The lack of means available in South Africa to prosecute the claims required the application for a stay of proceedings to be refused.
An interesting case in which conflict of laws principles inspired domestic civil procedure rules, and where relevant considerations have an impact on e.g. the Article 33-34 Brussels Ia discussions.
A33, A34, abuse, Article 33, Article 34, Cape v Lubbe, case management, Civil procedure, class action, comparative, Comparative conflict of laws, Forum non conveniens, Fraud, Fraus, Fraus omnia corrumpit, https://www.caselaw.nsw.gov.au/decision/5d9687d9e4b0c3247d7123b8, Lubbe v Cape plc [2000] 1 WLR 1545, sound administration of justice, vexatious and oppressive, [2019] NSWCA 243
Petrobas securities class action firmly anchored in The Netherlands. Rotterdam court applying i.a. forum non conveniens under Brussels Ia.
Many thanks to Jeffrey Kleywegt and Robert Van Vugt for re-reporting Stichting Petrobas Compensation Foundation v PetrÓleo Brasilieiro SA – PETROBRAS et al. The case, held in September (judgment in NL and in EN) relates to a Brazilian criminal investigation into alleged bribery schemes within Petrobras, which took place between 2004 and 2014. the Court had to review the jurisdictional issue only at this stage, and confirmed same for much, but not all of the claims.
The Dutch internal bank for Petrobas, Petrobas Global Finance BV and the Dutch subsidiary of Petrobas, Petrobas Oil and Gas BV are the anchor defendants. Jurisdiction against them was easily established of course under Article 4 Brussels Ia.
Issues under discussion, were
Firstly, against the Dutch defendants: Application of the new Article 34 'forum non conveniens' mechanism which I have reported on before re English and Gibraltar courts. At 5.45: defendants request a stay of the proceedings on account of lis pendens, until a final decision has been given in the United States, alternatively Brazil, about claims that are virtually identical to those brought by the Foundation. They additionally argue a stay on case management grounds. However the court finds
with respect to a stay in favour of the US, that
the US courts will not judge on the merits, since there is a class settlement; and that
for the proceedings in which these courts might eventually hold on the merits (particularly in the case of claimants having opted out of the settlement), it is unclear what the further course of these proceedings will be and how long they will continue. For that reason it is also unclear if a judgment in these actions is to be expected at 'reasonably short notice': delay of the proceedings is a crucial factor in the Article 34 mechanism.
with respect to a stay in favour of Brasil, that Brazilian courts unlike the Dutch (see below) have ruled and will continue to rule in favour of the case having to go to arbitration, and that such awards might not even be recognisable in The Netherlands (mutatis mutandis, the Anerkennungsprognose of Article 34).
Further, against the non-EU based defendants, this of course takes place under residual Dutch rules, particularly
Firstly (Dutch CPR) Article 7(1)'s anchor defendants mechanism such as it does in Shell. The court here found that exercise of jurisdiction would not be exorbitant, as claimed by Petrobas: most of the claims against the Dutch and non-Dutch defendants are so closely connected as to justify a joint hearing for reasons of efficiency, in order to prevent irreconcilable judgments from being given in the event that the cases were heard and determined separately: a clear echo of course of CJEU authority on Article 8(1). The court also rejects the suggestion that application of the anchor mechanism is abusive.
It considers these issues at 5.11 ff: relevant is inter alia that the Dutch defendants have published incorrect, incomplete, and/or misleading financial information, have on the basis of same during the fraud period issued shares, bonds or securities and in that period have deliberately and wrongly raised expectations among investors. Moreover, at 5:15: Petrobras has itself stated on its website that it has a strategic presence in the Netherlands.
Against two claims 'involvement' of the NL-based defendants was not upheld, and jurisdiction denied.
Further, a subsidiary jurisdictional claim for these two rejected claims on the basis of forum necessitatis (article 9 of the Duch CPR) was not upheld: Brazilian authorities are clearly cracking down on fraud and corruption (At 5.25 ff).
Finally and again for these two remaining claims, are the Netherlands the place where the harmful event occurred (Handlungsort) and /or the place where the damage occurred (Erfolgsort)? Not so, the court held: at 5.22: the Foundation has not stated enough with regard to the involvement of the Dutch defendants in those claims, for the harmful event to be localised in the Netherlands with some sufficient force. As for locus damni and with echos of Universal Music: at 5.24: that the place where the damage has occurred is situated in the Netherlands, cannot be drawn from the mere circumstance that purely financial damage has directly occurred in the Dutch bank accounts of the (allegedly) affected investors – other arguments (see at 5.24) made by the Foundation did not convince.
Finally, an argument was made that the Petrobas arbitration clause contained in its articles of association, rule out recourse to the courts in ordinary. Here, an interesting discussion took place on the relevant language version to be consulted: the Court went for the English one, seeing as this is a text which is intended to be consulted by persons all over the world (at 5.33). The English version of article 58 of the articles of association however is insufficiently clear and specific: there is no designated forum to rule on any disputes covered by the clause. Both under Dutch and Brazilian law, the Court held, giving up the constitutional right of gaining access to the independent national court requires that the clause clearly states that arbitration has been agreed. That clarity is absent: the version consulted by the court read
"Art. 58 -It shall be resolved by means of arbitration [italics added, district court], obeying the rules provided by the Market Arbitration Chamber, the disputes or controversies that involve the Company, its shareholders, the administrators and members of the Fiscal Council, for the purposes of the application of the provision contained in Law n° 6.404, of 1976, in this Articles of Association, in the rules issued by the National Monetary Council, by the Central Bank of Brazil and by the Brazilian
Securities and Exchange Commission, as well as in the other rules applicable to the functioning of the capital market in general, besides the ones contained in the agreements eventually executed by Petrobras with the stock exchange or over-the-counter market entity, accredited by the Brazilian Securities and Exchange Commission, aiming at the adoption of standards of corporate governance established by these entities, and of the respective rules of differentiated practices of corporate governance, as the case may be."
A very relevant and well argued case – no doubt subject to appeal.
(Handbook of) EU private international law, 2nd ed.2016, Chapter 2, almost in its entirety.
A34, abuse, anchor, Anchor defendant, Anerkennungsprognose, Article 34, Article 8(1), Artikel 9 RV, Brussels I, Brussels I recast, Brussels Ia, class action, ECLI:NL:RBROT:2018:7852, FNC, forum necessitatis, Forum non conveniens, Fraud, Fraus, https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBROT:2018:7852, https://www.dandodiary.com/wp-content/uploads/sites/265/2018/09/Petrobras-ruling-Rotterdam-Court.pdf, Petrobas, Regulation 1215/2012, Rotterdam, Securities, Universal Music
Schrems v Facebook. Consumer class actions and social media.
I reported on Bobek AG's Opinion in Schrems v Facebook when it came out last year. The CJEU held this morning (judgment so far in FR and DE only) and largely confirms the AG's Opinion.
As I noted at the time, the long and the short of the case is whether the concept of 'consumer' under the protected categories of Brussels I (and Recast) is a dynamic or a static one; and what kind of impact assignment has on jurisdiction for protected categories.
On the first issue, Mr Schrems points to his history as a user, first having set up a personal account, subsequently, as he became the poster child for opposition to social media's alleged infringement of privacy, a Facebook page. Each of those, he suggests, are the object of a separate contract with Facebook. FB suggests they are part of one and the same, initial contractual relationship. This one assumes, would assist FB with its line of argument that Herr Schrems' initial use may have been covered by the forum consumentis, but that his subsequent professional use gazumps that initial qualification.
The Court suffices at 36 with the simple observation that the qualification as a single or dual contract is up to the national court (see inter alia the Gabriel, Engler and Ilsinger conundrum: Handbook, Chapter 2, Heading 2.2.11.1.a and generally the difficulties for the CJEU to force a harmonised notion of 'contract' upon the Member States), yet that nevertheless any such qualification needs to take into account the principles of interpretation of Brussels I's protected categories: in particular, their restrictive interpretation. Whence it follows, the Court holds, that the interpretation needs to be dynamic, taking into account the subsequent (professional or not) use of the service: at 37-38: 'il y a notamment lieu de tenir compte, s'agissant de services d'un réseau social numérique ayant vocation à être utilisés pendant une longue durée, de l'évolution ultérieure de l'usage qui est fait de ces services. Cette interprétation implique, notamment, qu'un requérant utilisateur de tels services pourrait invoquer la qualité de consommateur seulement si l'usage essentiellement non professionnel de ces services, pour lequel il a initialement conclu un contrat, n'a pas acquis, par la suite, un caractère essentiellement professionnel.'
The Court does add at 39-40 that acquired or existing knowledge of the sector or indeed the mere involvement in collective representation of the interests of the service's users, has no impact on the qualification as a 'consumer': only professional use of the service does. (The Court in this respect refers to Article 169(1) TFEU's objective to assist consumers with the representation of their collective interest).
On this point therefore the Court unlike the AG attaches more weight to restrictive interpretation than to predictability. (Bobek AG's approach to the issue of dynamic /static was expressed more cautiously).
As for the assignment issue, the Court sides squarely with its AG: the assigned claims cannot be pursued in the jurisdiction which is the domicile of the assignee. That in my view de lega lata makes perfect sense.
(Handbook of) EU private international law, 2nd ed. 2016, Chapter 2, Heading 2.2.8.2.
Assignment, Bobek AG, Brussels I, C-498/16, CJEU, class action, Consumer, consumer law, Consumer protection, Contract, Curia, definition, ECJ, ECLI:EU:C:2018:37, Facebook, FB, forum consumentis, Gruber, Internet, Jurisdiction, Protected categories, Regulation 1215/2012, Regulation 44/2001, Schrems, Schrems v FB
Airia Brands Inc v Air Canada: jurisdiction and certification of global classes.
Interestingly enough the issue of inclusion of foreign victims in class action suits came up in conversation around our dining room the other day. (Our youngest daughter, 15, is showing encouraging signs of an interest in a legal career). In 2017 ONCA 792 Airia Brands Inc v Air Canada is reviewed excellently by Dentons here and I am happy to refer. (See also here for Norton Rose reporting on related cases – prior to the CA's decision in Airia Brands).
The jurisdiction and 'real and substantial connection' analysis referred to Van Breda (which recently also featured mutatis mutandis in the forum necessitatis analysis in Cook).
Certification of global classes was part of the classic analysis of developments in international class action suits, which hit us a few years back when many EU states started introducing it. Airia Brands shows that the concerns are far from settled.
2017 ONCA 792, Airia Brands Inc v Air Canada, Canada, certification, class, class action, class actions, Comity, comparative, Comparative conflict of laws, FNC, foreign victims, Forum non conveniens, https://www.canlii.org/en/on/onca/doc/2017/2017onca792/2017onca792.html?searchUrlHash=AAAAAQCO4oCcYWlycGxhbmXigJ0gT1Ig4oCcYWlybGluZeKAnSBvciDigJxoZWxpY29wdGVy4oCdIE9SIOKAnEF2aWF0aW9u4oCdIE9SIOKAnGFpcm, Jurisdiction
Lernout & Hauspie: US opt-out class action settlement accepted by Belgian court.
Belgium's Lernout & Hauspie case recently entered a further stage in its civil law chapter. The case is part of Belgium's (and especially Flanders') collective memory as an illustration of what can go wrong when markets and investors alike are fooled by corporate greed. Is it world-famous, in Belgium: for those outside, Wiki should help.
Of interest to this blog is the recent judgment of the Gent criminal court on the civil chapter of the case: see my colleague proximus Stefaan Voet's analysis here. Stefaan has helpfully translated the most relevant sections of the judgment, in particular the court's rejection of the argument that the US opt-out class action settlement were contrary to Belgium's ordre public. The court, in my view entirely justifiably, holds that Belgium's Private international law act does not oppose recognition and enforcement. Of note is the extensive comparative reference which the court makes not just to existing Belgian law on class actions (the Belgian legal order can hardly oppose what it tentatively has introduced itself), but also to a European Recommendation on comparative class action law in the EU (a sort of Ius Commune idea).
Recognition and enforcement rarely makes it to substantive review in Belgian case-law. This judgment is one of note.
Belgie, Belgium, class action, collective settlement, Erkenning, Erkenning en tenuitvoerlegging, Gent, https://www.rechtbanken-tribunaux.be/sites/default/files/public/content/lh_-_geanonimiseerd.pdf, Lernout & Hauspie, ordre public, Ordre Public International, Recognition and enforcement, WIPR
Kaynes v BP PLC. A good Canadian illustration of forum non conveniens to shareholder pursuit of non-disclosure.
With many conflict of laws classes fresh underway, it is good to be reminded of the classics. Forum non conveniens was at issue in Kaynes v BP, at the Court of Appeal for Ontario. There is a pending class action in the U.S. District Court, Southern District of Texas. The class in that proceeding includes current plaintiff and other Canadian investors who purchased BP securities on the NYSE.
The judgment has ample and concise background, please refer to it for same. The Court of appeal has now lifted a stay, previously put in place on forum non conveniens ground, in light of changed circumstance. The U.S. District Court judge ruled that as the moving party and his proposed Canadian class were members of the class represented by the lead plaintiffs, he was not entitled to now assert a separate class action based upon a claim that the lead plaintiffs had not pursued. Second, the U.S. District Court judge ruled that the moving party's claim was time-barred under the Ontario Securities Act. Plaintiff and other members of his proposed class are free to pursue individual claims in the U.S. District Court (not already represented in the class action) based on Ontario securities law, subject to any defences BP may advance, including a limitations defence. (Note that the US court therefore holds limitations to be part of the lex causae, not lex fori).
Since the US court do not claim exclusive jurisdiction over the litigation, and given that if a case were to go ahead in the US, it would be subject to Ontario law, the stay was lifted.
The case is a good illustration that forum non conveniens is live and evolving, not static.
2016 ONCA 601, class action, Deepwater horizon, FNC, Forum, Forum non conveniens, http://www.ontariocourts.ca/decisions/2016/2016ONCA0601.htm, Kaynes v BP, Lex causae, lex fori, limitations, Securities