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Old 12-02-2004, 04:38 AM
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Camino Camino is offline
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whirlwind,

I'm with you in standing up against the use of force. My investigation of this leads me to believe that it is perfectly legal for you to use force but that your intentions of this must be posted on the property as a trespass warning and a claim of right must be made. The claim of right is a Canadian thing taken from the Criminal Code Of Canada, as per:

{R.S., c. C-34, s. 38.

Defence with claim of right
39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.

Defence without claim of right
(2) Every one who is in peaceable possession of personal property, but does not claim it as of right or does not act under the authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it.

R.S., c. C-34, s. 39.

Defence of dwelling
40. Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority.}

I believe there is something similar for the U.S.
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Slavery is the legal fiction that a Person is Property. Corporate Personhood is the legal fiction that Property is a Person. Author Unknown
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