alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 340.402 Seasonal employment. ( a ) *Appropriate use.* Seasonal employment allows an agency to develop an experienced cadre of employees under career appointment to perform work which recurs predictably year-to-year. Consistent with the career nature of the appointments, seasonal employees receive the full benefits authorized to attract and retain a stable workforce. As a result, seasonal employment is appropriate when the work is expected to last at least 6 months during a calendar year. Recurring work that lasts less than 6 months each year is normally best performed by temporary employees. Seasonal employment may not be used as a substitute for full-time employment or as a buffer for the full-time workforce.
( b ) *Length of the season.* Agencies determine the length of the season, subject to the condition that it be clearly tied to nature of the work. The season must be defined as closely as practicable so that an employee will have a reasonably clear idea of how much work he or she can expect during the year. To minimize the adverse impact of seasonal layoffs, an agency may assign seasonal employees to other work during the projected layoff period. While in nonpay status, a seasonal employee may accept other employment, Federal or non-Federal, subject to the regulations on political activity (part 733 of this title) and on employee responsibilities and conduct (part 735), as well as applicable agency policies. Subject to the limitation on pay from more than one position (5 U.S.C. 5533), a seasonal employee may hold more than one appointment.
( c ) *Employment agreement.* An employment agreement must be executed between the agency and the seasonal employee prior to the employee's entering on duty. At a minimum, the agreement must inform the employee: ( 1 ) That he or she is subject to periodic release and recall as a condition of employment,
( 2 ) The minimum and maximum period the employee can expect to work,
( 3 ) The basis on which release and recall procedures will be effected, and
( 4 ) The benefits to which the employee will be entitled while in a nonpay status.
( d ) *Release and recall procedures.* A seasonal employee is released to nonpay status at the end of a season and recalled to duty the next season. Release and recall procedures must be established in advance and uniformly applied. They may be based on performance, seniority, veterans' preference, other appropriate indices, or a combination of factors. A seasonal layoff is not subject to the procedures for furlough prescribed in parts 351 and 752 of this title. Reduction in force or adverse action procedures, as applicable, are required for a seasonal layoff that is not in accordance with the employment agreement, for example, if an agency intends to have an employee work less than the minimum amount of time specified in the employment agreement. However, an agency may develop a new employment agreement to reflect changing circumstances.
( e ) *Noncompetitive movement.* Seasonal employees serving under career appointment may move to other positions in the same way as other regular career employees.
#### Chauncey S. Horton and Others, Plaintiffs, v. Thomas McNally Company, Defendant. In the Matter of the Application of The Harriman National Bank of the City of New York, Appellant, for an Order Restraining the City of New York from Paying, and Benjamin B. Odell, Jr., as Receiver of Thomas McNally Company, Respondent, from Receiving, any Part of the Retained Percentage under Contract No. 2, etc.

The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Order modified in accordance with opinion per curiam in *Horton*v. *McNally Co. (ante,*p. 248), decided herewith, and as so modified affirmed, without costs. Jenks, P. J., Carr and Putnam, JJ., concurred; Rich, J., voted to affirm on the opinion of Mr. Justice Tompkins at Special Term (89 Misc. Rep. 165).
#### Skilbeck and Brown, Appellees, v. Hans Andreasen, Appellant.

Gen. No. 5,884.

(Not to be reported in full.)

Appeal from the Circuit Court of Lake county; the Hon. Charles Whitney, Judge, presiding.

Heard in this court at the October term, 1913.

Affirmed.

Opinion filed April 15, 1914.

Statement of the Case.

Action by G-erald W. Skilbeck and Evan Brown, co-partners trading as Skilbeck & Brown, against Hans Andreasen to recover a bill claimed to be owed plaintiffs for lathing done for defendant on a building. The suit was originally commenced before a justice where plaintiffs recovered a judgment for $63.83. On appeal to the Circuit Court plaintiffs had a verdict and judgment for $50. From the judgment of the Circuit Court, defendant appeals.

Charles H. King, for appellant.

E. V. Orvis, for appellees.

Abstract of the Decision.

1. Building and construction contracts, § *97*
      ***
      *—admissibility of evidence.*In an action for lathing done on a building, defendant testified that he paid a certain sum to a third person to secure other men to do part of the work not done by plaintiffs and such testimony was excluded. *Held*that exclusion of such testimony was proper where there was no testimony showing the hiring of such third person was necessary, the time spent by him in finding lathers or that such sum was a reasonable compensation.

See Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number.

Mr. Justice Dibell

delivered the opinion of the court.

*3692. Appeal and ebbob, § *472*
      ***
      *—necessity of preserving objection to questions asked of witness by court.*Though section 81 of the Practice Act, as amended in 1911, J & A. ¶ 8618, does away with the necessity for preserving an exception, it is still the law that counsel considering themselves injured by question asked of a witness by the court must object thereto and give the trial judge an opportunity to withdraw the objectionable question.

Whitney, J., took no part in this decision.
### §10283. National programs for families of public safety officers who have sustained fatal or catastrophic injury in the line of duty

The Director is authorized to use no less than $150,000 of the funds appropriated for this subchapter to maintain and enhance national peer support and counseling programs to assist families of public safety officers who have sustained fatal or catastrophic injury in the line of duty.

(Pub. L. 90–351, title I, §1203, as added Pub. L. 100–690, title VI, §6106(a)(2), Nov. 18, 1988, 102 Stat. 4341; amended Pub. L. 105–180, §2(a), June 16, 1998, 112 Stat. 511; Pub. L. 112–239, div. A, title X, §1086(b)(1)(D), Jan. 2, 2013, 126 Stat. 1966.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 3796a–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

#### Prior Provisions

A prior section 1203 of Pub. L. 90–351 was renumbered section 1204 and is classified to section 10284 of this title.

Another prior section 1203 of Pub. L. 90–351, title VII, June 19, 1968, 82 Stat. 237, was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to repeal by Pub. L. 99–308, §104(b), May 19, 1986, 100 Stat. 459.

#### Amendments

2013—Pub. L. 112–239 substituted "who have sustained fatal or catastrophic injury in the line of duty" for "who have died in the line of duty" in section catchline and text.

1998—Pub. L. 105–180 amended text generally. Prior to amendment, text read as follows: "The Director is authorized and directed to use up to $150,000 of the funds appropriated for this subchapter to establish national programs to assist the families of public safety officers who have died in the line of duty."

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

#### Effective Date of 2013 Amendment

Amendment by Pub. L. 112–239 effective Jan. 2, 2013, and applicable to matters pending on Jan. 2, 2013, or filed or accruing after that date, with certain exceptions, see section 1086(d) of Pub. L. 112–239, set out as a note under section 10251 of this title.

#### Transfer of Functions

Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 10142(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of Pub. L. 106–113, set out as a note under section 10141 of this title.
### §11261. Authority to make grants

#### (a) In general

The Secretary may make grants to nonprofit private agencies for the purpose of providing street-based services to runaway and homeless, and street youth, who have been subjected to, or are at risk of being subjected to, sexual abuse, prostitution, sexual exploitation, severe forms of trafficking in persons (as defined in section 7102(9) 1 of title 22), or sex trafficking (as defined in section 7102(10) 1 of title 22).

#### (b) Priority

In selecting applicants to receive grants under subsection (a), the Secretary shall give priority to public and nonprofit private agencies that have experience in providing services to runaway and homeless, and street youth.

(Pub. L. 93–415, title III, §351, as added Pub. L. 106–71, §3(n)(1)(C), Oct. 12, 1999, 113 Stat. 1040; amended Pub. L. 110–378, §7, Oct. 8, 2008, 122 Stat. 4071; Pub. L. 114–22, title II, §201(2), May 29, 2015, 129 Stat. 248.)

#### **Editorial Notes**

#### References in Text

Section 7102(9) and (10) of title 22, referred to in subsec. (a), was redesignated section 7102(11) and (12), respectively, of title 22 by Pub. L. 115–427, §2(1), Jan. 9, 2019, 132 Stat. 5503.

#### Codification

Section was formerly classified to section 5714–41 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

#### Amendments

Subsec. (a). Pub. L. 114–22 substituted "sexual exploitation, severe forms of trafficking in persons (as defined in section 7102(9) of title 22), or sex trafficking (as defined in section 7102(10) of title 22)" for "or sexual exploitation".

2008—Subsec. (b). Pub. L. 110–378 inserted "public and" after "priority to".

1 See References in Text note below.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1465 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                H. R. 1465

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
    at 4832 East Highway 27 in Iron Station, North Carolina, as the 
                ``General Charles Gabriel Post Office''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 4832 
East Highway 27 in Iron Station, North Carolina, shall be known and 
designated as the ``General Charles Gabriel Post Office''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``General Charles Gabriel Post 
Office''.

            Passed the House of Representatives June 2, 2003.

            Attest:

                                                                 Clerk.
108th CONGRESS

  1st Session

                               H. R. 1465

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
    at 4832 East Highway 27 in Iron Station, North Carolina, as the 
                ``General Charles Gabriel Post Office''.
```
Editorial Note on Part 315
Editorial Note: Nomenclature changes to part 315 appear at 70 FR 72067, Dec. 1, 2005.

§ 315.906 Crediting service toward completion of the probationary period. ( a ) An employee who is reassigned, transferred, or promoted to another supervisory or managerial position while serving a probationary period under this subpart is subject to the probationary period prescribed for the new position. Service in the former position counts toward completion of the probationary period in the new position. If the former position was supervisory and the new position managerial, service counts in the manner prescribed by agency regulation.
( b ) Service on detail, temporary promotion, or reassignment to another supervisory or managerial position while serving probation is creditable toward completion of probation. Service in a nonsupervisory or nonmanagerial position is not creditable.
( c ) Absence in nonpay status while on the rolls (other than for compensable injury or military duty) is creditable up to a total of 22 workdays. Absence (whether on or off the rolls) due to compensable injury or military duty is creditable in full upon restoration to Federal service. Nonpay time in excess of 22 workdays extends the probationary period by an equal amount.
( d ) Service during a probationary period from which an employee was separated or demoted for performance or conduct reasons does not count toward completion of probation required under a subsequent appointment. In other situations in which an employee does not complete probation, service is creditable as determined by agency policy.
( e ) Temporary service in a supervisory or managerial position under temporary appointment, promotion, or reassignment *prior to probation* is creditable as determined by agency policy. Prior service under a detail may be credited only when a detail to a supervisory or managerial position is made permanent without a break in service.
[44 FR 44811, July 31, 1979, as amended at 60 FR 53505, Oct. 16, 1995]
§ 307.104 Treatment of individuals serving under VRAs. ( a ) Because VRAs are made to positions otherwise in the competitive service, the incumbents, like competitive service employees, may be reassigned, promoted, demoted, or transferred in accordance with the provisions of part 335 of this chapter.
( b ) A veteran with less than 15 years of education must receive training or education prescribed by the agency.
( c ) Appointments are subject to investigation by OPM. A law, Executive order, or regulation that disqualifies a person for appointment in the competitive service also disqualifies a person for a VRA.
( d ) The Veterans Recruitment Appointment date for a *recently separated veteran* must occur before the end of the 3-year eligibility period and may not be extended.
### §864d. Repealed. Oct. 12, 1949, ch. 681, title V, §531(b)(31), 63 Stat. 839, eff. Oct. 1, 1949

Section, acts Jan. 19, 1942, ch. 6, §7, 56 Stat. 8; June 3, 1948, ch. 390, §22(b), formerly §21(b), 62 Stat. 300; renumbered §22(b), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506, related to rank or pay of officers retired for duty incurred disability. See sections 1201 et seq., 1371 et seq., and 1401 et seq. of Title 10, Armed Forces.
Exhibit 4.3

                                Promissory Note

$10,000.00                                                      October 29, 2003

Whereas,  Atomic Paintball Inc., a Texas corporation (the "Company"),  from time
to time needs cash for ongoing business expenses,

Whereas,  Alton  Smith  desires  to loan the  Company  $10,000.00  to fund those
expenses, and the Company desires to borrow $10,000.00 from Alton Smith,

Whereas,  the Company and Alton  Smith agree that these  transactions  should be
memorialized by this Promissory Note,

Therefore,  for value received,  the  undersigned  Atomic  Paintball,  Inc., the
"Promisor" as principal, hereby agrees to pay to Alton Smith the "Payee", at 219
Josey Lane, Red Oak, Texas 75154 (or at such place as the Payee may designate in
writing) the sum of $10,000.00 plus interest accrued on this Promissory Note.

The unpaid  principal  and accrued  interest  at 8.0%,  shall be payable in full
within 10 days after  demand by the Payee (the due date).  All  payments on this
Note shall be applied first in payment of accrued  interest and any remainder in
payment of principal.

The Payee, in the case of default, may proceed directly against Promisor.

If  any  one  or  more  provisions  of  this  agreement  are  determined  to  be
unenforceable,  in whole or in part,  for any reason,  the remaining  provisions
shall remain fully operative.

All payments of principal  and interest on this  agreement  shall be paid in the
legal currency of the United States.  Promisor  waives  presentment for payment,
protest, and notice of protest and nonpayment of the agreement.

No renewal or extension of this agreement,  delays in enforcing any right of the
Payee under this  agreement or assignment by the Payee under this document shall
affect the  liability of the  Promisor.  All rights of the Payee under this Note
are cumulative and may be exercised concurrently or consecutively at the Payee's
option.  This  assignment  shall be construed in accordance with the laws of the
State of Texas.


Signed this 29th day of October, 2003.

Atomic Paintball, Inc.

By: /s/ Barbara J. Smith
        Barbara J. Smith
        President
### §10235. Indian liability waiver

Where a State does not have an adequate forum to enforce grant provisions imposing liability on Indian tribes, the Assistant Attorney General is authorized to waive State liability and may pursue such legal remedies as are necessary.

(Pub. L. 90–351, title I, §816, formerly §823, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1214; renumbered §816 and amended Pub. L. 98–473, title II, §609B(f), (n), Oct. 12, 1984, 98 Stat. 2093, 2096.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 3789l of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

#### Prior Provisions

A prior section 816 of Pub. L. 90–351 was renumbered section 810 and is classified to section 10229 of this title.

#### Amendments

1984—Pub. L. 98–473, §609B(n), substituted "Assistant Attorney General" for "Administration".

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

#### Effective Date of 1984 Amendment

Amendment by section 609B(n) of Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 10101 of this title.
### §540a. Availability of appropriations for attendance by military personnel at meetings and for printing survey reports

Appropriations in this title 1 or appropriations made in this title 1 in subsequent Energy and Water Development Appropriations Acts shall on and after October 2, 1992, be available for expenses of attendance by military personnel at meetings in the manner authorized by section 4110 of title 5, uniforms, and allowances therefor, as authorized by law (5 U.S.C. 5901–5902), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress.

(Pub. L. 102–377, title I, Oct. 2, 1992, 106 Stat. 1325.)

#### **Editorial Notes**

#### References in Text

This title, referred to in text, is title I of Pub. L. 102–377, Oct. 2, 1992, 106 Stat. 1315. For complete classification of title I to the Code, see Tables.

1 See References in Text note below.
### §1117. Exemption

The Director of the Office of Management and Budget may exempt from the requirements of sections 1115 and 1116 of this title and section 306 of title 5, any agency with annual outlays of $20,000,000 or less.

(Added Pub. L. 103–62, §4(b), Aug. 3, 1993, 107 Stat. 289.)

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

#### Construction

No provision or amendment made by Pub. L. 103–62 to be construed as creating any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in such capacity, and no person not an officer or employee of the United States acting in such capacity to have standing to file any civil action in any court of the United States to enforce any provision or amendment made by Pub. L. 103–62, or to be construed as superseding any statutory requirement, see section 10 of Pub. L. 103–62, set out as a Construction of 1993 Amendment note under section 1101 of this title.
OFFICE OF THE A’ITORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable IL '8. Sattertield 

PerlPlOll '(ZosEf+io4er 

State Firemen s a&d Fire Marshal's Association 

Austin, 'Texas 

Dear sirr 

Your letter of 

~thls department a copy of a 

to beg areoated:by the',loc.al 

Bo&e WLi ay3, aotr '1937, 

~~th&..~yot~~z& obtain, the, info 

air, @riaioh fiommie 

then, &et that ,ehe 

t6 the State Trea 

y to enable you, 

requirements of 

1143 the rEt9tS ~i8 hi required 

of thblr existence. The 

adetjuate in every respeot .ae.Vs~one; The form letter aeters to 

the oity ox t@-n as having;a "]regularly organized Fire Departmant,w 

whereas the Act make6 ePigible.only 'those inoorpoiwt,ed cities and 

tmma hav2qg a "~reguiarly ~ra;ani@d actlv,),Fise Depaitment.n 

The letter should be amende& in this reapedt. 
. . . 

Ecmtarablo H. 8. Satterfield, page ,2 

Aa pointed oat above, the Aot 1a silent an to 

the m&hod8 1y whiahtthe Fi.romen*~ Pamion :Bemmlamimer~~shal.l 

satisfy himnelf of the.etlmtanoe o? the fag&r detemining the. 

eligibility of the board.: There is no reqnliament, therefore, 

that the lnfornmtion knoorporated in thk Iotter shall bo 

supported by an arfldatit., Howswer, the~Commlsaloner is at 

liberty to require the infonuatlon to bs submitted in affidavit 

fOW. 

Yours very truly 

ATTORKEYCZl’iE?AL OFTEXAS 

By '( tUgned) R.W.FAIRCIEELD