alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY

 8,603

 8,994

 9,338

 9,476

 9,433

 9,597

 10,020

 11,109

 13,090

 14,562

 15,678

 16,357

 17,135

 18,477

 19,591

 20,770

 21,610

 22,891

 25,219

 27,951

 30,186

 32,836

 35,936

 39,408

 43,650

 48,097

 52,358

 56,289

 58,964

 59,299

 58,856

 60,217

 61,397

 62,681

 64,256

 65,248

 66,253

 67,386

 69,090

 69,857

 70,496

 71,192

 71,852

 72,534

 73,925

 74,880

 75,949

 77,261

 78,299

 78,449

 78,476

 78,285

 78,357

 78,614

 79,083

 79,261

 79,268

 79,208

 79,592

 80,416

STORAGE - A.F. 

 67,459

 69,211

 70,735

 72,157

 73,689

 74,845

 76,273

 78,495

 82,180

 84,419

 86,174

 87,549

 88,987

 91,011

 93,516

 95,650

 97,559

 100,152

 103,518

 106,400

 108,662

 111,121

 114,293

 118,022

 122,733

 127,358

 131,626

 135,497

 138,556

 139,715

3,237

3,748

3,847

3,477

3,436

3,277

3,003

3,361

3,685

3,267

3,044

3,023

2,831

2,772

3,168

3,090

3,054

2,946

3,129

3,584

3,553

3,484

3,412

3,814

4,367

4,649

4,391

4,380

4,331

5,055

3,586

4,631

4,615

4,194

4,208

3,860

3,723

4,481

5,543

4,396

3,929

3,716

3,556

3,792

4,431

4,166

4,016

4,253

4,826

5,037

4,693

4,724

5,011

5,694

6,742

6,981

6,543

6,332

5,873

5,639

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

APRIL 2019 FULL NATURAL FLOW AT NEW MELONES DAM RUN DATE: 05/06/2019

TOTALS +72,948 143,191

* October 1, 284,019

 608.2

 617.4

 626.6

 634.9

 643.2

 650.9

 658.3

 667.2

 678.2

 686.9

 694.7

 702.1

 709.1

 716.6

 725.4

 733.7

 741.6

 750.1

 759.7

 769.6

 779.0

 788.3

 798.3

 809.6

 822.9

 836.8

 849.8

 862.3

 874.0

 885.1

DONNELLS

RES

BEARDSLEY

RES

2018 TO DATE

NEW

MELONES

INFLOW

C.F.S

NATURAL

RIVER

C.F.S

ACCUM *

FULL

NATURAL

1000 A.F.

RESERVOIR

TOTAL

+692

+1,752

+1,524

+1,422

+1,532

+1,156

+1,428

+2,222

+3,685

+2,239

+1,755

+1,375

+1,438

+2,024

+2,505

+2,134

+1,909

+2,593

+3,366

+2,882

+2,262

+2,459

+3,172

+3,729

+4,711

+4,625

+4,268

+3,871

+3,059

+1,159

CHANGE

A.F. C.F.S.

+349

+883

+768

+717

+772

+583

+720

+1,120

+1,858

+1,129

+885

+693

+725

+1,020

+1,263

+1,076

+962

+1,307

+1,697

+1,453

+1,140

+1,240

+1,599

+1,880

+2,375

+2,332

+2,152

+1,952

+1,542

+584
### SUBCHAPTER IX—EDUCATIONAL RESEARCH AND IMPROVEMENT
### SUBCHAPTER III—MAGNET SCHOOLS ASSISTANCE
Exhibit 32.2

                    Certification Pursuant to 18 U.S.C. Section 1350,
                           As Adopted Pursuant to Section 906
                           Of the Sarbanes-Oxley Act of 2002

      In connection with the Quarterly Report on Form 10-Q of Presidential
 Realty Corporation (the "Company") for the period ending March 31, 2008, as
 filed with the Securities and Exchange Commission on the date hereof (the
 "Report"), I, Thomas Viertel, Chief Financial Officer of the Company,
 certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

         (1) the Report fully complies with the requirements of Section 13(a)or
             15(d) of the Securities Exchange Act of 1934: and

         (2) the information contained in the Report fairly presents, in all
             material respects, the financial condition and the results of
             operations of the Company.


                                      Presidential Realty Corporation

                                      By:/s/ Thomas Viertel
                                      ----------------------
                                      Thomas Viertel
                                      Chief Financial Officer




         Date: May 7, 2008
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY ELEV

 1,900.54

 1,900.80

 1,901.17

 1,900.94

 1,900.89

 1,901.62

 1,901.51

 1,901.33

 1,901.44

 1,900.75

 1,901.08

 1,901.41

 1,901.68

 1,901.26

 1,901.22

 1,901.61

 1,901.50

 1,901.35

 1,901.44

 1,901.38

 1,901.37

 1,901.55

 1,901.53

 1,901.50

 1,901.55

 1,901.22

 1,901.18

 1,901.26

 1,901.45

 1,901.33

 13,572

 13,764

 14,038

 13,867

 13,830

 14,375

 14,292

 14,158

 14,240

 13,727

 13,971

 14,218

 14,420

 14,105

 14,076

 14,367

 14,285

 14,173

 14,240

 14,195

 14,188

 14,322

 14,307

 14,285

 14,322

 14,076

 14,046

 14,105

 14,248

 14,158

STORAGE

-406

+192

+274

-171

-37

+545

-83

-134

+82

-513

+244

+247

+202

-315

-29

+291

-82

-112

+67

-45

-7

+134

-15

-22

+37

-246

-30

+59

+143

-90

CHANGE

980

1,294

1,385

1,118

1,203

1,867

700

1,146

1,323

1,320

1,413

1,307

1,463

1,100

1,193

1,336

1,149

1,145

1,231

1,248

1,080

1,077

1,109

1,085

1,149

722

860

897

1,011

936

INFLOW

 0

 0

 0

 0

 0

 0

 55

 110

 110

 110

 110

 110

 110

 110

 110

 110

 110

 110

 85

 3

 110

 110

 110

 110

 110

 110

 110

 110

 110

 110

POWER

 574

 578

 580

 574

 574

 580

 551

 533

 533

 532

 527

 533

 536

 534

 529

 532

 533

 530

 533

 536

 320

 294

 295

 294

 294

 292

 289

 289

 291

 291

SPILL

 135

 135

 135

 135

 135

 135

 98

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 85

 167

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

OUTLETS

 7

 7

 4

 5

 4

 7

 6

 7

 6

 7

 5

 4

 3

 4

 5

 4

 4

 4

 5

 4

 4

 4

 5

 5

 3

 7

 4

 3

 4

 4

C.F.S.

 .17

 .31

 .18

 .24

 .19

 .32

 .33

 .13

 .29

 .16

 .33

 .22

 .12

 .19

 .22

 .18

 .20

 .18

 .22

 .19

 .19

 .19

 .25

 .21

 .14

 .34

 .17

 .15

 .17

 .17

INCHES

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

SEPTEMBER 2018 LEWISTON LAKE DAILY OPERATIONS RUN DATE: October 5, 2018

IN LAKE

EVAPORATION

C.F.S. FRANCIS CARR

COMPUTED*

ACRE-FEET

RELEASE - C.F.S. 

TOTALS +180 34,847 2,453 2,420 13,881 145 6.35

ACRE-FEET +180 69,119 4,866 4,800 27,533 288

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

(1) OUTLET RELEASE INCLUDES FISH RELEASE.

SUMMARY

RELEASE (ACRE-FEET)

TOTAL POWER 4,866

TOTAL RIVER 37,199 68,651

 13,978

 31,452

RIVER

JUDGE FRANCIS CARR POWERPLANT

TOTAL RELEASE

JUDGE (2)

(1) POWERPLANT

 469

 477

 528

 490

 509

 870

 32

 504

 573

 870

 588

 475

 652

 551

 504

 483

 483

 497

 489

 561

 590

 541

 647

 627

 663

 377

 412

 405

 474

 516

 15,857

 31,452

Table 6
### [§511A. Repealed. Pub. L. 116–260, div. O, title X, §1002(2), Dec. 27, 2020, 134 Stat. 2155]

Section, added Pub. L. 103–322, title XXII, §220003(d)(1), Sept. 13, 1994, 108 Stat. 2077, related to unauthorized application of theft prevention decal or device.
Editorial Note on Part 25
Editorial Note: Nomenclature changes to part 25 appear by T.D. ATF-437, 66 FR 5478, 5479, Jan. 19, 2001.

§ 25.282 Beer lost by fire, theft, casualty, or act of God. ( a ) *General.* The tax paid by any brewer on beer produced in the United States may be adjusted (without interest) on the excise tax return, may be refunded or credited (without interest) or, if the tax has not been paid, the brewer may be relieved of liability for the tax if, before transfer of title to the beer to any other person, the beer is lost, whether by theft or otherwise, or is destroyed or otherwise rendered unmerchantable by fire, casualty, or act of God. The tax liability on excessive losses of beer from transfer between breweries of the same ownership may be remitted as provided in § 25.286.
( b ) *Unmerchantable beer.* When beer is rendered unmerchantable by fire, casualty, or act of God, refund, credit or adjustment of tax, or relief from liability of tax will not be allowed unless the brewer proves to the satisfaction of the appropriate TTB officer that the beer cannot be salvaged and returned to the market for consumption or sale.
( c ) *Beer lost or destroyed.* When beer is lost or destroyed, whether by theft or otherwise, the appropriate TTB officer may require the brewer to file a claim for relief from the tax and to submit proof as to the cause of the loss.
( d ) *Beer lost by theft.* When it appears that beer was lost by theft, the tax shall be collected unless the brewer proves to the satisfaction of the appropriate TTB officer that the theft occurred before removal from the brewery and occurred without connivance, collusion, fraud, or negligence on the part of the brewer, consignor, consignee, bailee, or carrier, or the employees or agents of any of them.
( e ) *Notification of appropriate TTB officer.* ( 1 ) A brewer who sustains a loss of beer before transfer of title of the beer to another person and who desires to adjust the tax on the excise tax return or to file a claim for refund or for relief from liability of tax, must, on learning of the loss of beer, immediately notify in writing the appropriate TTB officer of the nature, cause, and extent of the loss, and the place where the loss occurred. Statements of witnesses or other supporting documents must be furnished if available.
( 2 ) A brewer possessing unmerchantable beer and who desires to adjust the tax on the excise tax return or to file a claim for refund or for relief from liability must notify in writing the appropriate TTB officer, of the circumstances by which the beer became unmerchantable, and must state why the beer cannot be salvaged and returned to the market for consumption or sale.
( f ) *Additional information.* The appropriate TTB officer may require the brewer to submit additional evidence necessary to verify the tax adjustment or for use in connection with a claim.
(Sec. 201, Pub. L. 85-859, 72 Stat. 1335, as amended (26 U.S.C. 5056))
[T.D. ATF-224, 51 FR 7673, Mar. 5, 1986, as amended by T.D. ATF-437, 66 FR 5480, Jan. 19, 2001]
#### Wilfred Saddier, an Infant, by Obeline Saddier, His Guardian ad Litem, Respondent, v. Harmony Mills, Appellant.

Judgment and order unanimously affirmed, with costs.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 09-7755

CHRIS DARRYL DRYE,

Petitioner – Appellant,

v. 

ALVIN KELLER, JR.,

Respondent – Appellee, 

and

THEODIS BECK, 

Respondent.

Appeal from the United States District Court for the Middle 

District of North Carolina, at Greensboro. William L. Osteen, 

Jr., District Judge. (1:09-cv-00118-WO-DPD)

Submitted: March 16, 2010 Decided: March 22, 2010

Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Chris Darryl Drye, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Chris Darryl Drye seeks to appeal the district court’s 

order adopting the recommendation of the magistrate judge and 

dismissing as untimely his 28 U.S.C. § 2254 (2006) petition. 

The order is not appealable unless a circuit justice or judge 

issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) 

(2006). A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2). A prisoner satisfies this standard by 

demonstrating that reasonable jurists would find that any 

assessment of the constitutional claims by the district court is 

debatable or wrong and that any dispositive procedural ruling by 

the district court is likewise debatable. Miller-El v. 

Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 

529 U.S. 473, 484-85 (2000); Rose v. Lee, 252 F.3d 676, 683-84 

(4th Cir. 2001). We have independently reviewed the record and 

conclude that Drye has not made the requisite showing. 

Accordingly, we deny a certificate of appealability, deny leave 

to proceed in forma pauperis, deny Drye’s motions to appoint 

counsel, for a transcript at government expense, and for 

documentation of response, and dismiss the appeal. We dispense

with oral argument because the facts and legal contentions are
3

adequately presented in the materials before the court and 

argument would not aid the decisional process. 

DISMISSED
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY ELEV

 3,446.11

 3,446.05

 3,445.98

 3,445.92

 3,445.85

 3,445.74

 3,445.67

 3,445.61

 3,445.55

 3,445.49

 3,445.42

 3,445.37

 3,445.37

 3,445.55

 3,445.98

 3,446.23

 3,446.85

 3,447.05

 3,447.09

 3,447.21

 3,447.28

 3,447.34

 3,447.34

 3,447.35

 3,447.35

 3,447.36

 3,447.46

 3,447.58

 3,447.89

 3,448.01

 3,448.08

 26,655

 26,625

 26,589

 26,559

 26,523

 26,468

 26,433

 26,402

 26,372

 26,342

 26,307

 26,281

 26,281

 26,372

 26,589

 26,716

 27,033

 27,135

 27,155

 27,217

 27,253

 27,284

 27,284

 27,289

 27,289

 27,294

 27,346

 27,408

 27,567

 27,629

 27,666

STORAGE

-31

-30

-36

-30

-36

-55

-35

-31

-30

-30

-35

-26

+0

+91

+217

+127

+317

+102

+20

+62

+36

+31

+0

+5

+0

+5

+52

+62

+159

+62

+37

CHANGE

7.6

8.9

5.1

9.1

6.3

-4.5

4.6

7.6

9.1

9.9

4.4

5.9

21.0

65.6

127.8

84.2

180.8

68.4

28.1

49.3

34.1

33.6

18.0

21.5

18.0

20.5

44.2

49.3

98.2

48.3

36.7

INFLOW

 22

 23

 22

 23

 23

 22

 21

 22

 23

 24

 21

 18

 20

 18

 17

 18

 20

 16

 17

 17

 15

 17

 17

 18

 17

 17

 17

 17

 17

 16

 17

CONDUIT

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

SPILL

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

PK CR

 0.2

 0.0

 0.2

 0.2

 0.4

 0.2

 0.2

 0.2

 0.2

 0.0

 0.0

 0.0

 0.0

 0.7

 0.4

 1.2

 0.0

 0.0

 0.0

 0.0

 0.0

 0.0

 0.0

 0.0

 0.0

 0.0

 0.0

 0.0

 0.0

 0.0

 0.0

C.F.S.

 .010

 .003

 .012

 .010

 .023

 .014

 .013

 .010

 .011

 .000

 .000

 .000

 .000

 .040

 .025

 .070

 .000

 .000

 .000

 .000

 .000

 .000

 .000

 .000

 .000

 .000

 .000

 .000

 .000

 .000

 .000

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .13

 .06

 .00

 .77

 1.81

 1.84

 1.57

 2.52

 .28

 .00

 .79

 .59

 .00

 .00

 .00

 .00

 .00

 .48

 .11

 .54

 .34

 .77

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

DECEMBER 2002 JENKINSON LAKE DAILY OPERATIONS RUN DATE: 01/15/2003

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S. 

TOTALS +980 1,121.6 592 31.0 0.0 4.1 .241 12.60

ACRE-FEET +980 2,224.7 1,174 61.5 0.0 8.1

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

DATA BASED ON 24 HOUR PERIOD ENDING 0800.

SUMMARY

RELEASE (ACRE-FEET)

CAMINO-CONDUIT 1,174.2

SLY PARK CREEK

SPILL

 61.5

 0.0

 428.4

PRECIPITATION

THIS MONTH =

JULY 1, 2002 TO DATE = 18.51

 26,686

 745.8 12.60

CAMINO SLY

CAMP

CREEK

C.F.S.

 0

 0

 0

 0

 0

 0

 0

 0

 0

 1

 1

 1

 3

 30

 27

 93

 46

 22

 16

 16

 13

 11

 7

 7

 6

 7

 11

 16

 18

 20

 25

 397

 787

E.I.D. PROJECT

E.I.D. WATER RIGHTS
#### Catherine C. Johnt, Respondent, v. Sarah C. Stone, Appellant.

Order reversed, without costs, except disbursements, and motion to dismiss the complaint granted. Held, that the delay in the prosecution of the action was unreasonable, and in view of the reversal of the judgment and the death of the defendant’s husband, with whom all of the business out of which the matters in controversy arise was transacted, the order denying the motion should be reversed and the complaint dismissed, but without costs, except disbursements, as a full bill of costs is awarded upon the reversal of the judgment. All concurred.
###### Editorial Note on Part 20

#### Editorial Note:

Nomenclature changes to part 20 appear by T.D. ATF-235, 66 FR 5473, Jan. 19, 2001, and T.D. ATF-463 and T.D. ATF-462, 66 FR 42733, 42736, Aug. 15, 2001.

#### § 20.58 Adoption of documents by a fiduciary.

If the business covered by a permit issued under this part, is to be operated by a fiduciary, the fiduciary may, in lieu of qualifying as a new proprietor, file a written notice, and any necessary supporting documents, to amend the predecessor's permit. The fiduciary may adopt the formulas and statements of process of the predecessor. The effective date of the qualifying documents filed by a fiduciary shall coincide with the effective date of the court order or the date specified therein for the fiduciary to assume control. If the fiduciary was not appointed by the court, the date the fiduciary assumed control shall coincide with the effective date of the filing of the qualifying documents.

[T.D. ATF-199, 50 FR 9162, Mar. 6, 1985, as amended at T.D. ATF-476, 67 FR 17939, Apr. 12, 2002]
(No. 74-CC-31

#### Haenig Electric Company, Claimant, *vs.*State of Illinois, Civil Defense Agency, Respondent.

*Opinion filed August 15, 1973.*

Haenig Electric Company, Claimant pro se.

William J, Scott, Attorney General; William E. Webber, Assistant Attorney General, for Respondent.

Per Curiam.
Editorial Note on Part 28
Editorial Note: Nomenclature changes to part 28 appear by T.D. ATF-477, 67 FR 18087 through 18090, Apr. 15, 2002.

§ 28.115 General. Spirits which have been lawfully withdrawn without payment of tax under the provisions of this subpart for exportation, or for deposit in a foreign-trade zone, a manufacturing bonded warehouse, or a customs bonded warehouse, or for use on vessels and aircraft may, subject to the requirements of § 28.116, be returned: ( a ) To the bonded premises of a distilled spirits plant for redistillation; or
( b ) To the bonded premises from which withdrawn, pending subsequent removal for lawful purposes. However, such spirits may only be returned before they are exported, deposited in a foreign-trade zone, a manufacturing bonded warehouse, or a customs bonded warehouse, or laden as supplies upon or used on vessels or aircraft, as the case may be.
(Sec. 201, Pub. L. 85-859, 72 Stat. 1362, as amended, 1365 as amended (26 U.S.C. 5214, 5223); Sec. 3, Pub. L. 91-659, 84 Stat. 1365, as amended (26 U.S.C. 5066))
[T.D. ATF-198, 50 FR 8560, Mar. 1, 1985, as amended by T.D. TTB-8, 69 FR 3832, Jan. 27, 2004]
DENY and Opinion Filed March 11 , 2013 

# S

In The Court of Appeals Fifth District of Texas at Dallas No. 05
- 13
- 00322
- CV IN RE ROSHON DASHEN DAVIS , Relator On Appeal from the 301st Judicial District Court Dallas County, Texas Trial Court Cause No. 12
- 11022 MEMORANDUM OPINION Before Justices O'Neill, Lang

- Miers, and Evans Opinion by Justice Lang

- Miers Relator contends the trial judge erred in denying his motion to vacate a default order.
Th e facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested.
See T EX
. R. A PP
. P. 52.8(a); Walker v. Packer , 827 S.W.2d 833, 839

- 40 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relator’s petition for writ of mandamus and motion for emergency relief.

130322F.P05 /Elizabeth Lang

- Miers/ ELIZABETH LANG

- MIERS JUSTICE
#### Robert S. Tiernan, Respondent, *v.*George L. Havens, Appellant.

Second. Department,

May 15, 1914.

Principal and agent — evidence — admissibility of declarations of supposed agent to establish agency.

The rule that agency cannot be established by declarations of the supposed agent applies only to declarations made out of court, and not to material testimony in court.

*657Appeal by the defendant, George L. Havens, from a judgment of the County Court of Suffolk county in favor of the plaintiff, entered in the office of the clerk of said county on the 4th day of December, 1913, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 5th day of December, 1913, denying defendant’s motion for a new trial made upon the minutes.

*George H. Furman [Le Roy E. Raynor*with him on the brief], for the appellant.

*Warren C. Fielding*[*Jeremiah T. Mahoney*with him on the brief], for the respondent.

Per Curiam:

Defendant made and delivered a promissory note in the sum of $500, payable to the order of F. E. Fanning. Fanning indorsed the note “without recourse,” and it came into the possession of the plaintiff. Plaintiff has brought this action on the note, setting forth in his complaint that it came into his possession “ in due course ” and for value. Defendant answered, setting forth that the note was given for a consideration which was never performed, and that plaintiff was not a holder thereof in good faith and in due course. According to the record the defendant gave this note to Fanning for a number of shares of mining stock at five cents a share. He never received the stock, so as between him and Fanning there was a complete failure of consideration. Defendant sought to prove that Fanning in the sale of the stock was but an agent of plaintiff, under an agreement by which plaintiff was to pay Fanning a commission on every share of stock he sold. Evidence to support this defense was excluded by the trial court, and a judgment was directed in favor of plaintiff.

On this appeal the respondent furnishes us with a large number of authorities to show that agency can never be established by declarations of the supposed agent. We do not question this elementary rule, but it has application only to declarations of the supposed agent out of court, and does not apply to the material testimony of the supposed agent in court, on the witness stand.

*658The judgment and order of the County Court of Suffolk county should be reversed and a new .trial ordered, costs to abide the event.

Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.

Judgment and order of the County Court of Suffolk county reversed and new trial ordered, costs to abide the event.
Cahaba River

National Wildlife Refuge

Refuge Facts

■ Established September 25, 2002.

■ Acres: 2,997.

■ Complex Headquarters: Mountain 

Longleaf NWR, Anniston, 

Alabama.

■ Location: Just north of the 

confluence of the Little Cahaba and 

Cahaba Rivers to just north of the 

Piper Bridge in Bibb County about 

five miles east of West Blocton, 

Alabama.

Natural History

■ The Cahaba River stretches for 

almost 200 miles and is Alabama’s 

1ongest free-flowing stream. The 

river currently supports 64 rare 

and imperiled plant and animal 

species, 13 of which are found 

nowhere else in the world.

■ The 3.5 miles of river which lie 

within the approved acquisition 

boundary are extremely rich in 

species diversity and provide 

habitat for five federally listed 

threatened or endangered species. 

■ The rolling uplands surrounding 

the river are forested with 

mountain longleaf and loblolly 

pines. Mixed upland hardwood 

species line ravines and the rivers 

edge.

Financial Impact of Refuge

■ Presently unstaffed. Proposed staff 

of six full time employees.

■ Administered by Mountain 

Longleaf NWR, Anniston, 

Alabama.

Refuge Objectives

■ Preserve and manage a unique 

section of the biologically 

significant Cahaba River.

■ Protect and manage habitat for five 

federally listed species including 

the Cahaba shiner, goldline darter, 

round rocksnail, and cylindrical 

lioplax snail.

Steve Miller, Refuge Manager

Cahaba River NWR

PO Box 5087

Fort McClellan, AL 36205

Phone: 256/848 7085

Fax: 256/847 9089

E-mail: cahabariver@fws.gov

■ Restore planted loblolly pine to 

native mountain longleaf pine.

■ Develop and implement 

environmental education and 

interpretation programs focusing 

on ecosystem management and 

stewardship.

Management Tools

■ Habitat restoration.

■ Community partnerships.

■ Law enforcement.

■ Education/interpretation.

■ Research.

Public Use Opportunities

■ Wildlife observation.

■ Fishing.

■ Hiking.

■ Photography.

■ Canoeing.

■ Environmental education.

U.S. Fish & Wildlife Service