1. Advice of street furniture
The Privy Council advised that Barton could avoid the contract for being under duress, and it did not matter that he may have agreed to the deal anyway. Lord Cross, Lord Kilbrandon and Sir Garfield Barwick held that physical duress does not need to be the main reason, it must merely be one reason for entering an agreement.
Lord Cross said the same rule should apply for duress as in misrepresentation, "that if Armstrong's threats were a reason for Barton's executing the deed he is entitled to relief even though he might well have entered into the contract if Armstrong had uttered no threats to induce him to do so". Lord Wilberforce and Lord Simon, dissenting jointly, held that while in substantial agreement on the law, there was no duress on the facts, but the threats needed to be at least a reason for entering the contract. They held the case involves consideration of what the law regards as voluntary or its opposite .
Absence of choice . does not negate consent in law; for this the pressure must be one of a kind which the law does not regard as legitimate. Thus, out of the various means by which consent may be obtained advice, persuasion, influence, inducement, representation, commercial pressure the law had come to select some which it will not accept as a reason for voluntary action: fraud, abuse of relation of confidence, undue influence, duress or coercion.
In this the law, under the influence of equity, has developed from the old common law conception of duress threat to life and limb and it has arrived at the modern generalisation expressed by Holmes J 'subjected to an improper motive for action' (Fairbanks v Snow)The three tests for physical duress are to, first, "show that some illegitimate means of persuasion was used", and second, that "the illegitimate means used was a reason (not the reason, nor the predominant reason nor the clinching reason)", and third that his evidence is "honest and accepted".
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2. Lil McClintock of street furniture
Lil McClintock was an American country blues songster who accompanied himself on acoustic guitar.
Not much is known about McClintock's personal life, before or after he recorded four sides for Columbia Records. Interest in his recordings has been revived over the years, and they are prized by collectors. McClintock worked as a street performer in Clinton, South Carolina, before he was tasked by manager of Cooper's Furniture Store, Burm Lessie, with accompanying another local musician, Blind Gussie Nesbitt, to record for Columbia Records.
Unbeknownst to Lessie, he first encountered McClintock in 1923 when he wrote a ballad about Delia Holmes, an individual who gained some media attention for being murdered in a casino in Georgia. McClintock was commonly referred to as "Lil"; it has been speculated that this was either an abbreviation of little or a reference to his tall, thin figure. After traveling by train, McClintock recorded two gospel numbers and two "coon songs" on December 4, 1930.
The latter two compositions are in a musical subgenre that is seldom republished, because of its blatantly racist representations of black people. First among the pair was "Don't Think I'm Santa Claus", which has a refrain derived from minstrel shows and a rudimentary banjo-inspired accompaniment. Another song, "Furniture Man", played in a similar style, refers to black people as coons and advertises Cooper's Furniture Store in the process.
In keeping with the minstrel-influenced qualities, McClintock addresses himself as "Mr. Brown" throughout the song. Both McClintock's and Nesbitt's recordings were issued in pressings of 750 copies in June 1931; McClintock fared better, as all four of his sides were released.
Following the recording session, McClintock completely disappeared from any documentation. His records have become some of the rarest and sought after items among collectors, with any surviving issues being in pristine condition. In 1986, all of his recordings were issued on the compilation album Atlanta Blues 192730: The Complete Recordings in Chronological Order of Julius Daniels and Lil McClintock, which includes McClintock's material with that of the guitarist Julius Daniels.
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3. Charitable donations and the founding of the hospital of street furniture
Scappi was considerably wealthy, but did not live a life of luxury, rather donating a lot of her money to charitable causes. She is known to have donated money to the convent of the Repentite in 1597; this was a religious institute whose mission was to help prostitutes.
At the time, she specified that should she later choose to join the convent, this payment should be considered a down-payment. Though hospitals existed for the knights, women in need of care had no where to go. Scappi is thought to have treated women in her private home, but 1625, using her resources, she endowed the ospedaletto, also known as La Casetta, the first hospital dedicated exclusively to women.
In her will, she describes her motivations for founding the hospital: "As inspired by the Lord, eager to help and cure those wretched women who have fallen ill and who, bereft of everything, cannot receive treatment in their homes, driven by mercy for their misery." For this, and her many contributions to helping women, Giovanni Bonello who researched her life in a series of articles for the Times of Malta, calls her "the very first feminist in the history of a male-dominant Malta." The hospital started in a house called Santa Maria della Scala, after a renowned hospital in Sienna.
This hospital's coat of arms was engraved on Scappi's tombstone. Later, the hospital relocated, and was officially named Santa Maria della Piet. The hospital was subsidised by the Order of St John in 1631.
In his book History of Gynaecology in Malta, Charles Savona-Ventura explains that "The advent of the Knights of St John in 1530 and the establishment of the Island as a maritime base brought prostitution to the Islands creating an ideal environment for the spread of venereal disease." In fact, Malta's high venereal disease infection rate had earned the island a grim reputation. In 1979, an anonymous author wrote: "There is no place in the whole world where venereal disease attacks faster and spreads easier than in Malta, for here it is a compound of all the poxes in the world.
" Scappi's hospital came to be known as the "spedale delle donne incurabili", the hospital for incurable women. This is because many of the women who came to be treated were prostitutes with venereal diseases, which were incurable at the time. They were usually treated with mercury, and some patients died of mercury poisoning.
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4. Heritage listing of street furniture
St Paul's Young Men's Club - Art Gallery was listed on the Queensland Heritage Register on 21 October 1992 having satisfied the following criteria. The place is important in demonstrating the evolution or pattern of Queensland's history.
Completed in 1911, the former St Paul's Young Men's Society Hall is important as an example of a purpose-built hall and meeting rooms for a church-based club. A brick building with restrained Federation detailing, it exhibits aesthetic characteristics valued by the community, particularly as part of a group of civic buildings in the vicinity of the Limestone St/Nicholas Street intersection. It was closely associated with patriotic groups during World War I when it was used as a soldiers' rest room.
It is also closely associated with the work of Ipswich City Council in providing important cultural services for the community - a library and later an art gallery. It is a good example of the work of prominent Ipswich architect George Brockwell Gill, showing his skill in designing a small community building on a limited budget. The place is important in demonstrating the principal characteristics of a particular class of cultural places.
Completed in 1911, the former St Paul's Young Men's Society Hall is important as an example of a purpose-built hall and meeting rooms for a church-based club. It is a good example of the work of prominent Ipswich architect George Brockwell Gill, showing his skill in designing a small community building on a limited budget. The place is important because of its aesthetic significance.
A brick building with restrained Federation detailing, it exhibits aesthetic characteristics valued by the community, particularly as part of a group of civic buildings in the vicinity of the Limestone St/Nicholas Street intersection. The place is important in demonstrating a high degree of creative or technical achievement at a particular period. It is a good example of the work of prominent Ipswich architect George Brockwell Gill, showing his skill in designing a small community building on a limited budget.
The place has a strong or special association with a particular community or cultural group for social, cultural or spiritual reasons. It was closely associated with patriotic groups during World War I when it was used as a soldiers' rest room. It is also closely associated with the work of Ipswich City Council in providing important cultural services for the community - a library and later an art gallery.
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5. Legacy of street furniture
In the last will she drafted, in 1643, she chose two knights from Sienna, Fra Ottavio Bardinelli and Fra Giulio Cesare, as her testamentary executors, and protectors of the ospedaletto. Upon their death, she asked that they be replaced by two more knights from Siena.
She also specified that should something happen to the Santa Maria della Piet house, her fortune should be used to buy another house to serve as a women's hospital. After Scappi's death, the Ordinary Council of the Order of St John closed down the hospital, but without it, there was no way of preventing the spread of venereal disease or treating it, so the hospital was reopened in 1959. The hospital was renovated to increase the number of beds, reaching 230 beds by 1786.
It began accepting mentally ill patients, as well as maternity cases, and eventually children. The hospital was later destroyed during a war. Her will contains further donations: Scappi established free refuges for women, and donated furniture, money, clothes, and dowries.
Scappi owned a slave, Giuliana, whom she freed upon her death. Scappi left further legacies to many women, including Caterina Doneo, the daughter of the painter Francesco Doneo, and Lucrezia Montano, the daughter of the lawyer Palermino Montano. There is no record of Scappi being married, nor that she had any biological children.
However, in 1632 she adopted a six year-old girl named Maria, whom she looked after for 14 years. She was buried in the church of Our Lady of Mount Carmel in Valletta. She was initially buried in a corner of a chapel, but in 1791 her body was exhumed in order to be reburied in a more prominent area of the church.
There is speculation that this reburial was evidence of a power play for the Scappi foundation. When the church was pulled down in 1958, both her tombstone and that of Caterina Vitale were kept and put on display in the new church. Casa Scappi, the house where she likely lived, at 74 Old Bakery Street in Valletta, housed the Johann Strauss School of Music.
In the book Awguri Giovanni Bonello!, Clare Azzopardi wrote a fictonal piece about Caterina Scappi, from the perspectives of women who knew her.