alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Frank Bartke, Respondent, against City of Albany et al., Appellants.

Appeal from an order of the Supreme Court made at an Albany Special Term in a proceeding under article 78 of the Civil Practice Act. The order grants the relief prayed for in the petition ,of petitioner-respondent and, in substance, directs respondent-appellant, commissioner of buildings in the department of buildings in the city of Albany, to proceed promptly and take such steps as are necessary in order to support and render safe and secure the building walls on certain premises adjoining and,, contiguous to petitioner’s vacant lot at 178 State Street, to the end that they shall be and remain safe for petitioner to excavate on his lot and construct thereon a building in accordance with plans and specifications theretofore duly filed and approved and upon which a building permit was theretofore issued by the respondent-appellant. The excavation designed and intended for petitioner’s building is not to be carried to a depth of more than ten feet. Neither of the building walls on the adjoining premises are party walls and they cannot form any part of the construction proposed on petitioner’s lot. Under the circumstances shown the matter of protecting the walls and structures on the adjoining premises and continuing them in a safe condition during the progress of petitioner’s construction and thereafter, will, in such accomplishment, be difficult and expensive. Under the provisions of the City’s Building Code, as at common law, that burden is placed upon the adjoining owners. Although duly notified so to do they failed and neglected to take action and one has expressly refused to act. The City’s Building Code' further provides that in such case, “ the Superintendent of Buildings [now, Commissioner of Buildings] shall enter upon the premises and employ such labor, * » * and take such steps as in his judgment may be necessary to make the same safe and secure or to prevent the samé from becoming unsafe or dangerous”; and a further provision casts the cost into a lien against the property upon which the work is done and directs its collection *“*by the city from the owner * * * in the same manner as taxes are collected.” The appellants’ contention is that under the code’s provisions, which call for action by him on the neglect of the adjoining owners, he has a discretion whether to act at all. It is patent that, if petitioner is to proceed with his construction, action by someone is vital in the interest of public safety. The appellant has recognized this and after inspecting the premises forbade operations under petitioner’s building permit. Petitioner appears to have no other adequate remedy than the one he has pursued. We agree with the Special Term that the action it has compelled is the performance of a duty enjoined by law upon the respondent-appellant. In its performance he has a wide discretion as to the way and manner the work shall be done. He may not decline to perform it because of its difficulties and risks. Order unanimously affirmed, with $10 costs and disbursements. Present — Hill, P. J., Brewster, Foster, Russell and Deyo, JJ.
### §1461. Liability for withheld tax

Every person required to deduct and withhold any tax under this chapter is hereby made liable for such tax and is hereby indemnified against the claims and demands of any person for the amount of any payments made in accordance with the provisions of this chapter.

(Aug. 16, 1954, ch. 736, 68A Stat. 360; Pub. L. 89–809, title I, §103(i), Nov. 13, 1966, 80 Stat. 1554.)

#### **Editorial Notes**

#### Amendments

1966—Pub. L. 89–809 struck out requirement that persons required to deduct and withhold any tax under this chapter make return thereof on or before March 15 of each year and pay the tax to the officer designated in section 6151, and substituted "Liability for withheld tax" for "Return and payment of withheld tax" in section catchline.

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

#### Effective Date of 1966 Amendment

Amendment by Pub. L. 89–809 applicable with respect to payments occurring after Dec. 31, 1966, see section 103(n)(3) of Pub. L. 89–809, set out as a note under section 871 of this title.
Exhibit 99.1

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                                  PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Hank  Vanderkam,  certify,  pursuant to 18 U.S.C.  Section  1350,  as adopted
pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002,  that the Quarterly
Report of Latin American  Telecommunications  Venture Company - LATVCO.  on Form
10-QSB for the quarterly  period ended  September 30, 2002 fully complies within
the  requirements  of Section 13(a) or 15(d) of the  Securities  Exchange Act of
1934 and that information contained in such Form 10-QSB fairly represents in all
material  respects  the  financial   condition  and  results  of  operations  of
Ecological Services, Inc.


                                        By: /s/ Hank Vanderkam
                                           ----------------------------
                                        Name: Hank Vanderkam
                                        Title: Chief Executive Officer


I, Hank  Vanderkam,  certify,  pursuant to 18 U.S.C.  Section  1350,  as adopted
pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002,  that the Quarterly
Report of Latin  American  Telecommunications  Venture  Company - LATVCO.on Form
10-QSB for the quarterly  period ended  September 30, 2002 fully complies within
the  requirements  of Section 13(a) or 15(d) of the  Securities  Exchange Act of
1934 and that information contained in such Form 10-QSB fairly represents in all
material  respects  the  financial   condition  and  results  of  operations  of
Ecological Services, Inc.



                                          By: /s/ Hank Vanderkam
                                             --------------------------
                                          Name: Hank Vanderkam
                                          Title: Chief Executive Officer
#### Kelly *v.*Murphy & Company.

December 15, 1910.

Money rule. Before Judge Hammond. Bichmond superior court. October 30, 1909.

*Henry 8. Jones,*for plaintiff in error.

*Milton G. Barwich*and *Isaac 8. Peebles Jr.,*contra.

Lumpkin, J.,

1. Although section 4775 of the Civil Code requires an officer, who is called on by rule nisi to show cause why he should' not pay over money alleged to have been collected by him, to file an answer under oath, “taken at the time the answer is filed,” yet an omission to verify the answer is a curable defect. *Neal*v. *Davis Foundry*& *Machine Works,*131 *Ga.*701 (63 S. E. 221), and cit.

2. Although rules against officers do not come within the purview of statutes regulating- defaults for failure to plead at the return term of suits, but are matters governed to a considerable extent by the discretion of the court, yet where a rule 'nisi was issued against a justice of the peace, calling on him to show cause why he should not pay over a sum of money alleged to have been collected by him, and on the day fixed for the return of the rule an answer was filed by an attorney for the defendant, denying that he had collected the money, but it was not verified, and .when the proceeding came on for a hearing some days later, and before any action had been taken by the court the respondent moved to be allowed to amend his answer by adding a verification thereto, and made an affidavit that he had been prevented from making such verification at *,-*the time when the answer was filed, on account of providential cause, it was error for the presiding judge to refuse to allow the amendment and make the rule absolute, not as a matter of discretion, but on the ground that there was no legal answer filed which could be amended. *Holcombe*v. *Dupree,*50 *Ga.*336. *Judgment reversed. ■*

*All the Justices concur.*
#### Emanuel Patrikes et al., Appellants, v. J. C. H. Service Stations, Inc., Respondent.

Present—Close, P. J., Hagarty, Carswell, Johnston and Taylor, JJ.
#### § 423.44 Controlled substances.

You must not possess, consume, deliver, or be under the influence of, controlled substances included in schedules I, II, III, IV, or V of part B of the Controlled Substance Act (21 U.S.C. 812) on Reclamation facilities, lands, or waterbodies, unless the controlled substance was legally obtained through a valid prescription or order.
§ 3902.24 Associations, including partnerships. Associations that are applicants must provide to the BLM: ( a ) A signed statement that: ( 1 ) Lists the names, addresses, and citizenship of all members of the association who own or control 10 percent or more of the association or partnership, and certifies that the statement is true;
( 2 ) Lists the names of the members authorized to act on behalf of the association; and
( 3 ) Certifies that the association or partnership's acreage holdings and those of any member under paragraph (a)(1) of this section do not exceed the acreage limits in § 3901.20 of this chapter; and
( b ) A copy of the articles of association or the partnership agreement.
§ 4120.3-2 Cooperative range improvement agreements. ( a ) The Bureau of Land Management may enter into a cooperative range improvement agreement with a person, organization, or other government entity for the installation, use, maintenance, and/or modification of permanent range improvements or rangeland developments to achieve management or resource condition objectives. The cooperative range improvement agreement shall specify how the costs or labor, or both, shall be divided between the United States and cooperator(s).
( b ) Subject to valid existing rights, cooperators and the United States will share title to permanent structural range improvements such as fences, wells, and pipelines where authorization is granted after August 11, 2006 in proportion to their contribution to on-the-ground project development and construction costs. The authorization for all new permanent water developments, such as spring developments, wells, reservoirs, stock tanks, and pipelines, shall be through cooperative range improvement agreements. The authorized officer will document a permittee's or lessee's interest in contributed funds, labor, and materials to ensure proper credit for the purposes of §§ 4120.3-5 and 4120.3-6(c).
( c ) The United States shall have title to nonstructural range improvements such as seeding, spraying, and chaining.
( d ) Range improvement work performed by a cooperator or permittee on the public lands or lands administered by the Bureau of Land Management does not confer the exclusive right to use the improvement or the land affected by the range improvement work.
[60 FR 9964, Feb. 22, 1995, as amended at 61 FR 4227, Feb. 5, 1996; 71 FR 39505, July 12, 2006]
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§ 3179.73 Prior determinations regarding royalty-free flaring. ( a ) Approvals to flare royalty free, which are in effect as of the effective date of this rule, will continue in effect until November 1, 2024. After that date, the royalty-bearing status of all flaring will be determined according to the provisions of this subpart.
( b ) The provisions of this subpart do not affect any determination made by the BLM before or after June 10, 2024, with respect to the royalty-bearing status of flaring that occurred prior to June 10, 2024.
<TABLE> <S> <C>


<ARTICLE>                     9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF BANK UNITED, FSB FOR THE NINE MONTHS ENDED JUNE 30, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              SEP-30-1999
<PERIOD-END>                                   JUN-30-1999
<CASH>                                         21,617
<INT-BEARING-DEPOSITS>                         98,575
<FED-FUNDS-SOLD>                               0
<TRADING-ASSETS>                               0
<INVESTMENTS-HELD-FOR-SALE>                    336,453
<INVESTMENTS-CARRYING>                         192,955
<INVESTMENTS-MARKET>                           192,882
<LOANS>                                        3,132,726
<ALLOWANCE>                                    12,068
<TOTAL-ASSETS>                                 3,932,725
<DEPOSITS>                                     2,228,745
<SHORT-TERM>                                   200,722
<LIABILITIES-OTHER>                            54,935
<LONG-TERM>                                    1,259,947
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    10
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<OTHER-SE>                                     188,182
<TOTAL-LIABILITIES-AND-EQUITY>                 3,932,725
<INTEREST-LOAN>                                142,585
<INTEREST-INVEST>                              25,383
<INTEREST-OTHER>                               0
<INTEREST-TOTAL>                               167,968
<INTEREST-DEPOSIT>                             80,250
<INTEREST-EXPENSE>                             140,433
<INTEREST-INCOME-NET>                          27,535
<LOAN-LOSSES>                                  7,186
<SECURITIES-GAINS>                             (8)
<EXPENSE-OTHER>                                35,293
<INCOME-PRETAX>                                (11,253)
<INCOME-PRE-EXTRAORDINARY>                     0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (11,253)
<EPS-BASIC>                                  (0.43)
<EPS-DILUTED>                                  (0.43)
<YIELD-ACTUAL>                                 1.02
<LOANS-NON>                                    23,606
<LOANS-PAST>                                   952
<LOANS-TROUBLED>                               993
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<ALLOWANCE-OPEN>                               6,128
<CHARGE-OFFS>                                  1,294
<RECOVERIES>                                   48
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</TABLE>
**Exhibit 12.1**
**Certification Pursuant to Section 302 of The Sarbanes-Oxley Act of 2002**
I, Werner Wenning, certify that:
1. I have reviewed this annual report on Form 20-F of Bayer AG;
2.  Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;
3.  Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the company as of, and for, the periods presented in this report;
4.  The company’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the company and have:
 (a)  Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the company, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  (b)  Evaluated the effectiveness of the company’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on suchevaluation; and  (c)  Disclosed in this report any change in the company’s internal control over financialreporting that occurred during the period covered by the annual report that has materiallyaffected, or is reasonably likely to materially affect, the company’s internal control overfinancial reporting; and
5.  The company’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the company’s auditors and theaudit committee of the company’s board of directors (or persons performing the equivalentfunctions):
 (a)  All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe company’s ability to record, process, summarize and report financial information; and  (b)  Any fraud, whether or not material, that involves management or other employees whohave a significant role in the company’s internal control over financial reporting.
Date: March 15, 2005         /s/ Werner Wenning   Title:  Chairman of the Board of Management
#### Kehr *et al. v.*Floyd & Company.

November 19, 1910.

Motion to reinstate. Before Judge Seabrook. Effingham superior court. November 11, 1909.

J. 77. *Smith*and *B:*W. *Sheppard,*for plaintiffs.

*Gignilliat & Eeidt*and *Travis & Travis,*for defendants.

Atkinson, J.

1. After a general demurrer to a declaration has been sustained and the cause dismissed by the superior court, and that judgment affirmed in the Supreme Court without condition or direction, the declaration is not amendable. *Central R. Co.*v. *Patterson,*87 *Ga.*646 (13 S. E. 525) ; *Benning*v. *Horkan,*123 *Ga.*454 (51 S. E. 333) *; Goldsmith v. Georgia R. Co.,*62 *Ga.*543.

*(a)*Accordingly it was not erroneous in the present ease, after the decision of the Supreme Court and before the remittitur was made the judgment of the superior court, for the judge to refuse to allow the plaintiffs to reinstate the ease in the superior court for the purpose of affording an opportunity to amend the petition.

*Judgment affirmed.*

*All the Justices concur.*
§ 6304.12 How will BLM determine the validity of unpatented mining claims or sites? ( a ) BLM will conduct a mineral examination to determine whether your claim or site was valid as of the date that lands within the wilderness area were withdrawn from appropriation under the mining laws. We also will determine whether your claim or site remains valid at the time of the examination. ( 1 ) If you do not have an approved plan of operations, BLM must complete this validity determination before approving your plan of operations.
( 2 ) If you have a plan of operations that was approved before the wilderness designation, BLM will determine whether operations may begin or continue while we conduct the validity determination.
( b ) If BLM concludes that your mining claim lacks a discovery of a valuable mineral deposit or your claim or site is invalid for any other reason, we will disapprove your application for a plan of operations. For an existing approved operation, BLM may issue a notice ordering suspension or cessation of operations. We will begin contest proceedings to determine the validity of your mining claim or site under subpart E of part 4 of this title. However, you may take samples and gather other evidence to confirm or corroborate mineral exposures that were physically disclosed on the claim before the date the wilderness area was withdrawn.
( c ) If the Department of the Interior issues a final administrative decision declaring your claim or site null and void, you must cease all operations and complete all reclamation required under subpart 3809 of this chapter and § 6304.11(d) of this part.