alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### James F. Martin, as Guardian ad Litem for Raymond Martin, an Infant, Appellant, *v.*William E. Borden, Jr., Respondent.

Second Department,

December 23, 1907.

Justice’s Court—waiver of jury by failure to pay fees A- animals — vicious dog — facts showing scienter.

Although a party demands a jury trial on joinder of issue in a Justice’s Court the right is waived by a failure to advance-the jurors’ and constable’s fees as required by statute.

A finding of *scienter oí*the defendant as to the vicious character of his dog which bit the plaintiff may be based upon 'evidence that the dog habitually ran from the defendant’s yard and attacked pedestrians and vehicles, although there is no proof-that he actually bit any one. . . ,

Appeal by the plaintiff, James F. Martin, as guardian ad litem, etc., from a judgment of the County Court of Westchester county, entered in the office of the clerk of said county on the 25th day of January, 1902, pursuant to an order entered- in said clerk’s office on • the 27th day of December, 1901, reversing a judgment of a justice of the peace of the town of Cortlandt in. favor of - the plaintiff, and also from the said order pursuant to which the judgment appealed from was entered. - - '

*James*Dempsey, for the appellant.

*Clinton F.*Ferris, for the respondent.

*67Gaynor, J.:

The plaintiffs judgment was for damages by the bite of the defendant’s dog. It was reversed on the grounds that a jury trial was refused and that it was not shown that the defendant had knowledge of the viciousness of. the dog. The defendant demanded a trial by-jury at the joining of issue, but did not deposit the jurors’ and constable’s fees in advance, as directed to do by the justice and required by law. This was á waiver of a jury trial, and it was the duty of the justice to proceed with the trial without a jury on the adjourned day, as he did (Code Civ. Pro. § 2990). There was. no evidence of any direct notice to the defendant of the dog having attacked any one before, but the evidence showed that the dog had habitually run out of the yard where the defendant lived with his parents and angrily attacked people in the street, afoot, on bicycles and in wagons for several months, though without getting hold of them. This was am pie to imply knowledge to the defendant. It is permissible to find that he knew'what was so notorious.

The judgment of the County Court should be reversed and that of the Justice’s Court affirmed.

Woodward,. Jenks, Eich and Miller,. JJ., concurred. ,

Judgment of the County Court of Westchester county reversed, and that of the Justice’s Court affirmed, with costs.
#### Margaret Byrne, Respondent, v. The City of New York, Appellant.

Judgment and order reversed and new trial granted, costs to abide the event, unless within twenty days plaintiff stipulate to reduce the recovery of damage's to the' sum of §500, in which event the judgment, as modified, and order are affirmed, with costs. N.o opinion. Jenks, Gaynor, Rich and Miller, JJ., concurred; Hooker, J., voted for affirmance.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         1061134
<NAME>                        ICON Income Fund Eight A L.P.

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   JUN-30-1999
<CASH>                                         1,967,264
<SECURITIES>                                           0
<RECEIVABLES>                                 69,876,420
<ALLOWANCES>                                     385,000
<INVENTORY>                                            0
<CURRENT-ASSETS> *                                     0
<PP&E>                                                 0
<DEPRECIATION>                                         0
<TOTAL-ASSETS>                                88,002,037
<CURRENT-LIABILITIES> **                               0
<BONDS>                                       51,711,388
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                               0
<OTHER-SE>                                    32,481,585
<TOTAL-LIABILITY-AND-EQUITY>                  87,002,037
<SALES>                                        3,246,522
<TOTAL-REVENUES>                               3,301,564
<CGS>                                                  0
<TOTAL-COSTS>                                          0
<OTHER-EXPENSES>                                 939,521
<LOSS-PROVISION>                                 385,000
<INTEREST-EXPENSE>                             1,598,971
<INCOME-PRETAX>                                        0
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                                    0
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                     378,072
<EPS-BASIC>                                       1.42
<EPS-DILUTED>                                       1.42
<FN>
*    The  Partnership  has  an  unclassified  balance  sheet  in  its  financial
     statements due to the nature of its industry.  A value of "0" was used for
     current assets and liabilities.

**   The  Partnership  has  an  unclassified  balance  sheet  in  its  financial
     statements due to the nature of its industry.  A value of "0" was used for
     current assets and liabilities.
</FN>




</TABLE>
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# USS Frank Cable Arrives in Goa, India 

By USS Frank Cable Public Affairs

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#### W. R. Milligan v. The State.

No. 22786.

Delivered March 8, 1944.

The opinion states the case.

*Art Schlofman,*of Dalhart, for appellant.

*Ernest S. Go'ens,*State’s Attorney, of Austin, for the State.

DAVIDSON, Judge.

This is a driving-while-intoxicated case, which arose and was tried in Sherman County. The jury found appellant guilty and assessed “his punishment at ten (10) days in the county jail.”

Upon the verdict, the trial court entered judgment directing that appellant “be committed to the custody of the Sheriff, who shall forthwith confine him in the jail of *Moore*County, Texas, (there being no safe jail in this, Sherman County) for ten (10) days from this date, and until said costs are fully paid.”

Appellant insists that the trial court was without authority to direct that he be confined in the Moore County jail, or in any *79other jail save and except the county jail of Sherman County, and that, by reason thereof, the judgment rendered is invalid.

Ordinarily, the particular place where a prisoner is to be confined is an administrative detail, and not one for the judiciary. Where a jail sentence is imposed, it is the duty of the sheriff to see that the prisoner is confined in the jail of the county where the conviction was obtained. If there be no jail in said county, or if the jail therein provided be insufficient for any reason, then the sheriff may confine the prisoner in some jail that is adequate. 24 C. J. S. (Criminal Law), P. 1246, Sec. 2000.

It follows, from what has been said, that, in the instant case, the judgment of the trial court is reformed so as to provide that appellant be confined in the Sherman County jail for a period of ten days. If there be no adequate or sufficient jail in Sherman County, the sheriff may confine appellant in the jail of some other county that is adequate, for the period of time mentioned.

As so reformed, the judgment of the trial court is affirmed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
#### Elmer F. KELM, Collector of Internal Revenue of the United States, for the District of Minnesota, Appellant, v. Charles J. WINTON, Jr.

No. 15202.

United States Court of Appeals Eighth Circuit

Nov. 12, 1954.

George E. MacKinnon, U. S. Atty., and Alex Dim, Asst. U. S. Atty., St. Paul, Minn., for appellant.

Ward B. Lewis, Minneapolis, Minn., for appellee.

Appeal from District Court, 122 F.Supp. 649, dismissed, on stipulation of parties.
§ 15.10 What assets will the Secretary probate? ( a ) We will probate only the trust or restricted land, or trust personalty owned by the decedent at the time of death.
( b ) We will not probate the following property: ( 1 ) Real or personal property other than trust or restricted land or trust personalty owned by the decedent at the time of death;
( 2 ) Restricted land derived from allotments made to members of the Five Civilized Tribes (Cherokee, Choctaw, Chickasaw, Creek, and Seminole) in Oklahoma; and
( 3 ) Restricted interests derived from allotments made to Osage Indians in Oklahoma (Osage Nation) and Osage headright interests owned by Osage decedents.
( c ) We will probate that part of the lands and assets owned by a deceased member of the Five Civilized Tribes or Osage Nation who owned a trust interest in land or a restricted interest in land derived from an individual Indian who was a member of a Tribe other than the Five Civilized Tribes or Osage Nation.
[76 FR 7505, Feb. 10, 2011]
OFFICE OF THE AlTORNEY GENERAL OF TEXAS 

AUSTIN 

Haaehbla J, W, Lyon, Jr, 

Oounty Attornop 

&lo800 County 

Ililrsrton, %wJ3S 

Dear Biro 

O. 13-u of t&la dapmtmwnt holtls that 

on the county attornoy can r#aslvc for 

hir in W.inqurnt tax matl;ers are the ied 8rt oot 

in Artlelo 7338, Vernon~r Annotated Tsxam Civil Btatutu. 

We onelose hemwith a eQpy Of said OpiniOlb 

W4 amwr4r your qu48tioPr ea follarr 
Honorable J. IV. Lyon, Jr., 

Question NO. 1. 

iulll the munty attorney is 

wuch~ l irvioer. 

PGE;# 2 

No fast3 are provided by law 

not 4ntiti4a to any fess for 

w 

AT'fORNEY GENERAL &l. J. FRllntae 

AssYUteat 

I
#### § 1000.83 Can additional provisions be included in an AFA?

Yes, any provision that the parties mutually agreed upon may be included in an AFA.
#### § 18.6 Form of certification.

Each copy of each document submitted for filing and publication, except a Presidential document or a duplicate original, must be certified as follows:

(Certified to be a true copy of the original)

The certification must be signed by a certifying officer designated under § 16.1 of this chapter.

[54 FR 9681, Mar. 7, 1989]
.e.Mr • Melc4itt-7, de*Sinweficai [San 

close the appeal in Docket No. 68283 and transfer to Docket No. 68693 all 

documents filed in Docket No. 68283. 

It is so ORDERED. 

, C.J. 

cc: Hon. Susan Johnson, District Judge 

Bush Law Group, .LLC 

Steven Larue Scott 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

SUPREME COURT 

OF 

NEVADA 

 047A 

2
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# Coast Guard Rescues 2 after Skiff Grounds in Alaska

By Michelle Theriault BootsAlaska Dispatch News

Two boaters who were thrown overboard when their skiff ran aground near Sitka in Southeast Alaska were rescued by the U.S. Coast Guard Saturday night.

A man and a woman were traveling in a 17-foot boat when it hit shore near Kanga Bay, approximately 10 miles south of Sitka, the Coast Guard said in a news release Sunday.

Both passengers were thrown from the boat when it ran aground, with the man sustaining injuries to his head and face, said Coast Guard Petty Officer 1st Class Shawn Eggert.

The boat drifted away, stranding the couple, he said.

Around 10 p.m., Sitka emergency operators received a 911 call about the couple. It wasn't clear whether they were able to call or whether someone called for them.A Coast Guard MH-60 Jayhawk helicopter crew from Air Station Sitka joined a Sitka Fire Department boat in responding to the scene.

The man and woman were hoisted from the shore onto a helicopter and taken for medical treatment in Sitka, Eggert said.

Weather at the time of the rescue was clear but breezy, with 11 mph winds and an air temperature of about 29 degrees, according to the Coast Guard.

What caused the skiff to run aground isn't yet known, Eggert said. Coast Guard personnel will do a "post-rescue interview" with the people involved, he said.

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#### § 139.2 Repayment of construction costs.

The cost per acre of the construction under § 139.1 is, therefore, calculated at $57.8782 for “A” lands and $83.9337 for “B” lands in non-Indian ownership as established by Designation Report dated August 1962. Under the provisions of the acts cited in § 139.1 the annual per acre assessment for forty equal annual payments, is hereby fixed at $1.45 per acre for “A” lands and $2.10 per acre for “B” lands for the year 1962 and each succeeding year, until the entire cost for each tract shall have been repaid to the U.S. Treasury. On those tracts where payments have been made pursuant to uncodified special regulations, annual assessments beginning with the year 1962 at the rate of $1.45 per acre for “A” lands and $2.10 per acre for “B” lands will be made until the entire cost of $57.8782 per acre for “A” lands and $83.9337 per acre for “B” lands shall have been repaid to the U.S. Treasury. Landowners may pay at any time the total of the then remaining indebtedness. Under the act of March 10, 1928 (45 Stat. 210), the unpaid charges stand as a lien against the lands until paid.
### **CHAPTER 143—PRODUCTION BY MILITARY AGENCIES**

Sec.
2421.
Plantations and farms: operation, maintenance, and improvement.
2422.
Bakery and dairy products: procurement outside the United States.
2423.
Laundry and dry cleaning services: procurement from facilities operated by the Navy Resale and Services Support Office.
2424.
Procurement of supplies and services from exchange stores outside the United States.

#### **Editorial Notes**

#### Amendments

**1989**—Pub. L. 101–189, div. A, title III, §§323(b), 324(b), Nov. 29, 1989, 103 Stat. 1414, 1415, added items 2423 and 2424.

**1986**—Pub. L. 99–661, div. A, title III, §312(b), Nov. 14, 1986, 100 Stat. 3852, added item 2422.
### §1486. Other citizens of United States

(a) If local commercial mortuary services and supplies are not available, or if he believes that their cost is prohibitive, the Secretary concerned may furnish those services and supplies on a reimbursable basis in the case of any of the following citizens of the United States who die outside the United States:

(1) Any employee of a humanitarian agency accredited to the armed forces, such as the American Red Cross and the United Services Organization.

(2) Any civilian performing a service directly for the Secretary because of employment by an agency under a contract with the Secretary.

(3) Any officer or member of a crew of a merchant vessel operated by or for the United States through the Secretary.

(4) Any person who is on duty with an armed force under the jurisdiction of the Secretary and who is paid from non-appropriated funds.

(5) Upon the specific request of the Department of State, any person not otherwise covered by this section.

(6) Any dependent of a person who is covered by this section, if the dependent is living outside the United States with that person at the time of death.

(b) The Secretary may furnish transportation of the remains of persons covered by this section, on a reimbursable basis, to a port of entry in the United States.

(c) Reimbursement for services, supplies, and transportation furnished under this section shall be collected and credited to appropriations available, at the time of reimbursement, for those services, supplies, and transportation.

(Aug. 10, 1956, ch. 1041, 70A Stat. 114.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1486(a)  1486(b) | 5:2158 (1st sentence as applicable to armed forces).5:2158 (2d sentence, as applicable to armed forces). | July 15, 1954, ch. 507, §8 (as applicable to armed forces), 68 Stat. 480. |
| 1486(c) | 5:2158 (less 1st and 2d sentences, as applicable to armed forces). | |

1486(b)

5:2158 (2d sentence, as applicable to armed forces).

In subsection (a), the word "services" is substituted for the word "facilities". The words "the continental limits * * * or in Alaska" are omitted as covered by definition of "United States" in section 101(1) of this title. In clause (3), the word "masters" is omitted as covered by the word "officer". In clause (4), the words "under the jurisdiction of the Secretary" are inserted for clarity. In clause (5), the words "otherwise covered" are substituted for the words "specifically enumerated". In clause (6), the words "who is covered" are substituted for the words "within the classes enumerated". The words "outside the United States" are substituted for the word "abroad". The words "that person" are substituted for the words "the supporting citizen concerned".

In subsection (b), the word "Government" is omitted as surplusage.

In subsection (c), the words "the authority of" are omitted as surplusage. The words "at the time of reimbursement" are substituted for the word "current".
#### § 162.462 What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage of a business lease?

If we disapprove an amendment, assignment, sublease, or leasehold mortgage of a business lease, we will notify the parties immediately and advise the landowners of their right to appeal the decision under part 2 of this chapter.
§ 153.3 Application form. The application form shall include, among other things: ( a ) The name of the applicant;
( b ) His age, residence, degree of Indian blood, and education;
( c ) His experience in farming, cattle raising, business, or other occupation (including home-making);
( d ) His present occupation, if any;
( e ) A statement concerning the applicant's financial status, including his average earned and unearned income for the last two years from restricted leases and from other sources, and his outstanding indebtedness to the United States, to the tribe, or to others;
( f ) A description of his property and its value, including his allotted and inherited lands; and
( g ) The name of the applicant's spouse, if any, and the names of his minor children, if any, and their ages, together with a statement regarding the land, allotted and inherited, held by each.
### §1591. Reimbursement for travel and transportation expenses when accompanying Members of Congress

(a) Subject to subsection (b), the Secretary concerned may authorize reimbursement to a civilian employee who is accompanying a Member of Congress or a congressional employee on official travel for actual travel and transportation expenses incurred for such travel.

(b) The allowance provided in subsection (a) may be paid—

(1) at a rate that does not exceed the rate approved for official congressional travel; and

(2) only when the travel of the member is directed or approved by the Secretary concerned.

(c) In this section:

(1) The term "Member of Congress" means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.

(2) The term "congressional employee" means an employee of a Member of Congress or an employee of Congress.

(3) The term "Secretary concerned" includes the Secretary of Defense with respect to civilian employees of the Department of Defense other than a military department.

(Added Pub. L. 100–180, div. A, title VI, §617(b)(1), Dec. 4, 1987, 101 Stat. 1097.)

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Pub. L. 100–180, div. A, title VI, §617(c), Dec. 4, 1987, 101 Stat. 1097, as amended by Pub. L. 112–81, div. A, title VI, §631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948, provided that: "Subsection (h) of section 474 of title 37, United States Code (as added by subsection (a)), and section 1591 of title 10, United States Code (as added by subsection (b)), shall apply with respect to travel performed after the date of the enactment of this Act [Dec. 4, 1987]."