lawful possession

If the defendant had lawful possession the crime is embezzlement.

Determining whether a particular person had lawful possession or mere custody is sometimes extremely difficult.

Therefore, it is possible for the person who has title to the property to steal the property from a person who had lawful possession.

The prevailing reason was provided by Lord Chokke who concluded that the carrier had lawful possession of the bales only.

He made no bones about the fact that he believed that gaining lawful possession of the Naboo transport was only a matter of time.

'Trespass' limits right of possession-that is, lawful possession prior to the act negates trespass (see embezzlement).

When I came out, I was in lawful possession of a one-way fare to Haines, Alaska.

The lawful possession of these airguns requires that the owner have a valid firearms licence and that the airgun be registered as a firearm.

The jury returned three times requesting to be made aware of the laws that provide exemptions for lawful possession, however, all three requests were denied by the judge.

The statute goes further to outline six specific exceptions allowing for the lawful possession of Machine Guns in the state of North Carolina:

With regard to lawful possession and supply, a different set of categories apply which are set out in the Misuse of Drugs Regulations 2001 (as amended).

However, if the owner has surrendered possession to another (the tenant) then any interference with the quiet enjoyment of the property by the tenant in lawful possession is unlawful.

Lawful possession of the Stones belonged to the King (who normally used the Stone of Annúminas); but the Kingdom became divided and the high-kingship was in dispute.

Historically, embezzlement was created by statute to deal with situations where secretion could occur while the perpetrator was actually innocent of larceny typically because of the "lawful possession" element.

The principal provision of the act was Section 7 which stipulated that a person having lawful possession of a body may permit it to undergo anatomical examination provided no relative objected.

Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another person's lawful possession of a chattel (movable personal property).

Influenced by contemporary ideas of international law, Sophism, and private ownership, the British regarded the Aboriginal peoples as being too primitive to have lawful possession of the Australian continent.

He was nonetheless detained, questioned and removed from the festival by a Salt Lake City Police Department officer after festival workers complained about his lawful possession of an unconcealed firearm.

Rather than dealing with the issue of lawful possession, it simply asked whether a dispossession had taken place, in which case the property was restored to the plaintiff, and the question of true ownership was dealt with later.

The House of Lords ruled in Haughton v. Smith (1973) that where goods previously stolen have been reduced into lawful possession, not only can they not be handled, but there can be no attempt to handle them.

Savary's statements show that the 17th century bill of lading had begun to function as a 'necessary' document; only by showing the document could Savary's shipper-owner claim lawful possession of the goods he had shipped in his own vessel.

Lawful possession: The critical element is that the defendant must have been in lawful possession of the property at the time of the fraudulent conversion and not have mere custody of the property.

Police officers, as crown servants, are exempt from the requirements of the legislation and can have lawful possession of an incapacitant spray whilst acting in their capacity as a constable or where necessary for the purposes of their duty.

The question arose, however, as to whether "unlawful occupiers" were only those who had unlawfully taken possession of land-squatters, in other words-or whether the term included those who had at one stage enjoyed lawful possession but whose possession had subsequently become unlawful.

Linley returned to the newspaper which he had been reading when his friend was shown into the room Line by line he followed the progress of the law report, which informed its thousands of readers that his wife had divorced him, and had taken lawful possession of his child.