alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §10305. Manner of signing agreement

The agreement required by section 10302 of this title shall be signed—

(1) first by the master and dated at that time, after which each seaman shall sign; and

(2) in the presence of the master or individual in charge.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 563; Pub. L. 103–206, title IV, §403, Dec. 20, 1993, 107 Stat. 2436.)

| Revised section | Source section (U.S. Code) |
| --- | --- |
| 10305 | 46:565 |

Section 10305 describes the procedures for signing the shipping agreement, and for keeping official records of the agreement. It also requires that the agreement include a statement that the seaman understand its provisions, and did so while sober.

#### **Editorial Notes**

#### Amendments

1993—Pub. L. 103–206 struck out "(a)" before "The agreement", substituted "the master or individual in charge" for "a shipping commissioner" in par. (2), and struck out subsecs. (b) and (c) which read as follows:

"(b) When the crew is first engaged, the agreement shall be signed in duplicate. One of the copies shall be retained by the shipping commissioner. The other copy shall contain space for the description and signatures of seamen engaged subsequent to the first making of the agreement, and shall be delivered to the master.

"(c) An agreement signed before a shipping commissioner shall be acknowledged and signed by the commissioner on the agreement in the manner and form prescribed by regulation. The acknowledgment and certification shall include a statement by the commissioner that the seaman—

"(1) has read the agreement;

"(2) is acquainted with and understands its conditions; and

"(3) has signed it freely and voluntarily when sober."
#### § 570.615 Housing counseling.

Housing counseling, as defined in 24 CFR 5.100, that is funded with or provided in connection with CDBG funds must be carried out in accordance with 24 CFR 5.111.

[81 FR 90659, Dec. 14, 2016]
UNITED 

STATES 

DISTRICT 

COURT

For the Northern District of California

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UNITED 

STATES 

DISTRICT 

COURT

U

For the Northern District of California

NITED 

STATES 

DISTRICT 

COURT

For the Northern District of California

UNITED STATES DISTRICT COURT

Northern District of California

DEAN APOSTOL,

Plaintiff(s),

v.

TOM VILSACK,

Defendant(s).

_____________________________________/

No. C 09-1807 MEJ

THIRD ORDER TO SHOW CAUSE

ORDER VACATING HEARING RE:

MOTION TO DISMISS

On March 25, 2010, Defendant Tom Vilsack filed a Motion to Dismiss. (Dkt. #32.) The

Court subsequently set Defendant’s motion for a hearing on April 29, 2010, and ordered Plaintiff

Dean Apostol to file any opposition by April 13, 2010. (Dkt. #39.) Plaintiff has failed to file an

opposition. Based on the procedural background of this case, including two prior orders to show

cause, (Dkt. ##23, 25), the Court finds that Plaintiff’s conduct in this case may warrant dismissal

with prejudice for failure to prosecute. Accordingly, the Court hereby ORDERS Plaintiff Dean

Apostol to show cause why this case should not be dismissed pursuant to Federal Rule of Civil

Procedure 41 for failure to prosecute. Plaintiff shall file a declaration by April 26, 2010, and the

Court shall conduct a hearing on May 6, 2010 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden

Gate Avenue, San Francisco, California. The April 29, 2010 hearing on Defendant’s motion to

dismiss is hereby VACATED.

IT IS SO ORDERED.

Dated: April 16, 2010 _______________________________

Maria-Elena James 

Chief United States Magistrate Judge 

Case 3:09-cv-01807-MEJ Document 40 Filed 04/16/10 Page 1 of 1
### §50101. Objectives and policy

(a) Objectives.—It is necessary for the national defense and the development of the domestic and foreign commerce of the United States that the United States have a merchant marine—

(1) sufficient to carry the waterborne domestic commerce and a substantial part of the waterborne export and import foreign commerce of the United States and to provide shipping service essential for maintaining the flow of the waterborne domestic and foreign commerce at all times;

(2) capable of serving as a naval and military auxiliary in time of war or national emergency;

(3) owned and operated as vessels of the United States by citizens of the United States;

(4) composed of the best-equipped, safest, and most suitable types of vessels constructed in the United States and manned with a trained and efficient citizen personnel; and

(5) supplemented by efficient facilities for building and repairing vessels.

(b) Policy.—It is the policy of the United States to encourage and aid the development and maintenance of a merchant marine satisfying the objectives described in subsection (a).

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1556; Pub. L. 111–84, div. C, title XXXV, §3511, Oct. 28, 2009, 123 Stat. 2722.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 50101 | 46 App.:861. | June 5, 1920, ch. 250, §1, 41 Stat. 988; Exec. Order No. 6166, June 10, 1933, §12; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(33), Aug. 6, 1981, 95 Stat. 156. |
| | 46 App.:891. | May 22, 1928, ch. 675, §1, 45 Stat. 689. |
| | 46 App.:1101. | June 29, 1936, ch. 858, title I, §101, 49 Stat. 1985; Pub. L. 91–469, §1, Oct. 21, 1970, 84 Stat. 1018. |

Section

This section consolidates the source provisions to eliminate repetition.

#### **Editorial Notes**

#### Amendments

2009—Subsec. (a)(4). Pub. L. 111–84 inserted "constructed in the United States" after "vessels".
.._ 

ii 

<'I t 

.' I OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

. \ 

AUSTIN 

Hon. &QJJz~~~ Cole, County Auditor 

Liberty County 

Liberty, T-8 

l-mar Sir: 
Hon. L-urphy Cole, April 5, 1939, Page 2 

order the same to be paid to the State 

Treasurer, who shall hold same In trust 

to be paid to the owner egalnst whom said 

taxes were assessed; provided, any one 

claining the sanw shall&e proof of his 

claim to the satisraotfon of the State 

Treasurer within three years after the 

sale or said land or lots, after wbioh 

the ease shall be governed by the law 

regulating esoheat. * + + * n 

In rieu 0r th6 wording or WE atatutcr, it 

is au]: oplnlca that the mmalnd6r of the pureha60- 

prloe, ii any, after the jud8w6nt ie pal6 in full, 

shall be paid by the shmiff to the olerk of the oourt, 

out OS whloh said eaeauticm or oth6r final prouses 

iSSUed to be retained by him, mbjsot to the order of 

the oourt ror a period ol two ream unleerr otherwllle 

ordered by the oourt, afterwhloh t&m the court m&y 

or&r the IWUIIO%O be paid to thti owner against whop 

said taxes were asseeaed then, after the CarpirqtlcQ 

or two yeare any one ala Lw this balanoe shall make 

pr00r or his ol.ein~to the eat*sfaetion of the atate 

Treasurer-withinthree year6 after the sale Or the 

land and if no atdi#aOtiorp olaU ia made to the &ate 

.i Treamretr wi,thld$hree yeers, thj.8 money shall es@hsat 

to the Stats of l!ararri 

'Pnurtingthls ii~ thij lnfonnation whlah you 

desire, we ar6 

Yours v6ry truly 

PCCrob lmhtant. 

BTPROVJCD: 

&kA-LdA.A 

ATTORNEP Ol!NERAL OF TEXAS’
#### Frances Fromkes v. Northeastern Life Insurance Company of New York.

Motion to strike appellant’s record on appeal or, in the alternative, to supplement same with minutes of examination before trial granted to the extent of directing that a copy of the examination dated October 27, 1959, be handed up to the court on the argument or submission of the appeal. The appellant is directed to serve and file a new notice of argument for February 28, 1961, on or before February 16, 1961. Concur — Breitel, J. P., Rabin, McNally, Stevens and Eager, JJ.
### §13101. Definitions

In this chapter:

(1) Eligible State.—The term "eligible State" means a State that has a State recreational boating safety program accepted by the Secretary.

(2) State Recreational Boating Safety Program.—The term "State recreational boating safety program" means education, assistance, and enforcement activities conducted for maritime casualty prevention, reduction, and reporting for recreational boating.

(Pub. L. 109–304, §16(b)(2), Oct. 6, 2006, 120 Stat. 1705.)

#### Historical and Revision Notes

Section 16 of the bill [H.R. 1442, which became Pub. L. 109–304] moves the definitions relating to the recreational boating safety program from section 2102(a)(1) and (3) to chapter 131 because the terms only appear in chapter 131.

Section 16 of the bill also eliminates the special definitions of "State" and "United States" in section 2102(a)(2) as including the Trust Territory of the Pacific Islands because the Trust Territory has been terminated. See the definitions of "State" and "United States" in section 2101, which are being moved to chapter 1 and being made applicable title-wide. Those definitions already include the Northern Mariana Islands, the only component of the former Trust Territory still under United States sovereignty.

#### **Editorial Notes**

#### Prior Provisions

A prior section 13101 was renumbered section 13102 of this title.
### §54a. Certain Federal and State regulations deemed statutory authority

A regulation, standard, or requirement in force, or prescribed by the Secretary of Transportation under chapter 201 of title 49 or by a State agency that is participating in investigative and surveillance activities under section 20105 of title 49, is deemed to be a statute under sections 53 and 54 of this title.

(Apr. 22, 1908, ch. 149, §4A, as added Pub. L. 103–272, §4(i), July 5, 1994, 108 Stat. 1365.)
Case3:09-cv-02161-EMC Document151 Filed07/17/15 Page1 of 3

U

NITED STATES DISTRICT COURT

NORTHERN D

T OF CALIFORNIA

IT IS SO ORDERED

Judge Edward M. Chen

Case 3:09-cv-02161-EMC Document 159 Filed 07/28/15 Page 1 of 3
Case 3:09-cv-02161-EMC Document 159 Filed 07/28/15 Page 2 of 3 Case3:09-cv-02161-EMC Document151 Filed07/17/15 Page2 of 3
Case 3:09-cv-02161-EMC Document 159 Filed 07/28/15 Page 3 of 3 Case3:09-cv-02161-EMC Document151 Filed07/17/15 Page3 of 3
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|   |  |  | 1900 NW Corporate Blvd., Suite East 210Boca Raton, FL 33431Tel: 561.886.4200Fax: 561.886.3330email: info@sherbcpa.com    Offices in New York and Florida |
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Certified Public Accountants

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

To the Board of DirectorsMDwerks, Inc.

We hereby consent to the use in Form 10KSB our report dated February 9, 2007 on the consolidated financial statements of MDwerks, Inc. and Subsidiaries as of December 31, 2006 and for the year then ended.

|  | Certified Public Accountants |
|--|------------------------------|

March 21, 2007

----
#### Vivian Abramowitz v Chrysler Corporation et al.

Motion for reargument or for leave to appeal to the Court of Appeals denied in all respects with $20 costs. An appeal may be taken to the Court of Appeals as of right where the order of the Appellate Division grants a new trial upon stipulation by appellant to judgment absolute upon affirmance (CPLR 5601, subd [c]; *776 South Orange Ave. v Phoenix Ins. Co.,*42 AD2d 890). Concur— Lupiano, J. P., Lane, Markewich and Sandler, JJ.
I 

109TH CONGRESS 

1ST SESSION H. R. 3289

To suspend temporarily the duty on pro-jet yellow 1G Stage. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2005

Mr. CASTLE introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL

To suspend temporarily the duty on pro-jet yellow 1G Stage.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PRO-JET YELLOW 1G STAGE. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading:

‘‘ 9902.13.06 Substituted phenylene 

[[ureidol]bis substituted 

phenylene azo]bis, sodium 

salt (CAS No. 101114–86–

0) (provided for in subheading 3204.14.50) ............ Free No change No change On or before 

12/31/2008 ’’. 
2

•HR 3289 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act.

Æ
---

Exhibit 5

CERTIFICATION PURSUANT TO 
    18 U.S.C. §1350, 
    AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the annual report of Kimber Resources Inc. (the “Company”) on Form 20-F for the fiscal year ended June 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Gordon Cummings, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 1.
      The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and2.
      The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Kimber Resources, Inc. This Certification is executed as of September 28, 2012. “/s/ Gordon Cummings”Gordon Cummings 
    Chief Executive Officer 
    (Principal Executive Officer) This Certification has not been, and shall not be deemed, “filed” with the Securities and Exchange Commission.


---

CERTIFICATION PURSUANT TO 
    18 U.S.C. §1350, 
    AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the annual report of Kimber Resources Inc. (the “Company”) on Form 20-F for the fiscal year ended June 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Lyn Davies, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 1.
      The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and2.
      The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Kimber Resources, Inc. This Certification is executed as of September 28, 2012. “/s/ Lyn Davies”Lyn Davies 
    Chief Financial Officer 
    (Principal Financial and Accounting Officer)


---
#### § 203.257 Creation of the contract.

The mortgage shall be an insured mortgage from the date of the issuance of a Mortgage Insurance Certificate, from the date of the endorsement of the credit instrument, or from the date of HUD's electronic acknowledgement to the mortgagee that the mortgage is insured, as applicable. The Commissioner and the mortgagee are thereafter bound by the regulations in this subpart with the same force and to the same extent as if a separate contract had been executed relating to the insured mortgage, including the provisions of the regulations in this subpart and of the Act.

[62 FR 30227, June 2, 1997]
#### (A) The People of the State of New York v. Joseph C. Casillas. (B) The People of the State of New York v. Willard Jackson. (C) The People of the State of New York v. William J. Parker. (D) The People of the State of New York v. Johnnie Solomon. (E) The People of the State of New York ex rel. Hugh Basil Tilkins v. Walter H. Wilkins, as Warden of Attica Prison. (F) The People of the State of New York v. Edward Ketwig. (G) The People of the State of New York ex rel. Lucian Booker v. Robert E. Murphy, as Warden of Auburn Prison. (H) The People of the State of New York v. Harold Bliss, Jr. (I) The People of the State of New York ex rel. Albert F. Eckert v. Walter H. Wilkins, as Warden of Attica Prison. (J) The People of the State of New York v. Arton W. Nelson, Jr. (K) The People of the State of New York v. Leonard Paul Jarvis. (L) The People of the State of New York v. Richard Oakley Bryant.

(Lee Towne Adams, Esq.) (John W. Bergin, Esq.) (Edgar S. K. Merrell, II, Esq.) (No counsel.) (Gerald O. Williams, Esq.) (Vincent Assini,, Esq.) (Gary Orenstein, Esq.) (No counsel.) (William E. McDermott, Esq.) (Sam Atlas, Esq.) (George N. Van Fleet, Esq.) (John S. Ferguson, Esq.) — [In each action] Motion granted to prosecute appeal on original papers, typewritten briefs, and counsel assigned, as indicated.
United States Court of Appeals 

for the Fifth Circuit 

No. 21-11242 

Summary Calendar 

United States of America, 

Plaintiff—Appellee, 

versus

David Negus Cobourn, 

Defendant—Appellant. 

Appeal from the United States District Court 

for the Northern District of Texas 

USDC No. 3:20-CR-383-1 

Before Wiener, Elrod, and Engelhardt, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent David Negus 

Cobourn has moved for leave to withdraw and has filed a brief in accordance 

with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 

F.3d 229 (5th Cir. 2011). Cobourn has filed responses and moved for the 

*

 Pursuant to 5th Circuit Rule 47.5, the court has determined that this 

opinion should not be published and is not precedent except under the limited 

circumstances set forth in 5th Circuit Rule 47.5.4. 

United States Court of Appeals 

Fifth Circuit 

FILED 

September 28, 2022 

Lyle W. Cayce 

Clerk 

Case: 21-11242 Document: 00516487631 Page: 1 Date Filed: 09/28/2022
No. 21-11242 

2 

appointment of substitute counsel. We have reviewed counsel’s briefs and 

the relevant portions of the record reflected therein, as well as Cobourn’s 

responses. We concur with counsel’s assessment that the appeal presents no 

nonfrivolous issue for appellate review. Moreover, because the record is not 

sufficiently developed to allow us to make a fair evaluation of any claim that 

he received ineffective assistance of counsel, we decline to review such 

claims without prejudice to collateral review. See United States v. Isgar, 739 

F.3d 829, 841 (5th Cir. 2014). 

Accordingly, counsel’s motion for leave to withdraw is GRANTED, 

counsel is excused from further responsibilities herein, and the APPEAL IS 

DISMISSED. See 5th Cir. R. 42.2. Additionally, Cobourn’s motions 

for appointment of substitute counsel are DENIED as untimely. See United 

States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 

Case: 21-11242 Document: 00516487631 Page: 2 Date Filed: 09/28/2022
### §4506. Exemptions

The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that—

(1) good cause exists for granting an exemption; and

(2) the safety of the vessel and those on board will not be adversely affected.

(Added Pub. L. 100–424, §2(a), Sept. 9, 1988, 102 Stat. 1587; amended Pub. L. 102–587, title V, §5222, Nov. 4, 1992, 106 Stat. 5081; Pub. L. 105–383, title III, §301(b)(6), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 111–281, title VI, §604(b), Oct. 15, 2010, 124 Stat. 2964; Pub. L. 114–120, title III, §306(a)(5), Feb. 8, 2016, 130 Stat. 54.)

#### **Editorial Notes**

#### Amendments

2016—Pub. L. 114–120 struck out subsec. (a) designation before "The Secretary may".

2010—Subsec. (b). Pub. L. 111–281 struck out subsec. (b) which read as follows: "A vessel to which this chapter applies is exempt from section 4502(b)(2)(B) of this title if it—

"(1) is less than 36 feet in length; and

"(2) is operating—

"(A) in internal waters of the United States; or

"(B) within 3 nautical miles from the baselines from which the territorial sea of the United States is measured."

1998—Subsec. (b)(2). Pub. L. 105–383 added par. (2) and struck out former par. (2) which read as follows: "is not operating on the high seas."

1992—Subsec. (b). Pub. L. 102–587 substituted "4502(b)(2)(B)" for "4502(b)(2)".

#### **Executive Documents**

#### Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.
#### In the Matter of Frances D. Gannon v. Morris A. Jacobs, as Commissioner of Hospitals of the City of New York.

Motion for leave to prosecute proceeding as a poor person granted insofar as to permit the proceeding to be heard on the original record, without printing the same, and upon typewritten or mimeographed petitioner’s points, upon condition that the petitioner serves one copy of the typewritten or mimeographed petitioner’s points upon the Corporation Counsel of the City of New York and files 6 typewritten or 19 mimeographed copies of petitioner’s points, together with the original record, with this court. Concur — Valente, J. P., McNally, Stevens, Eager and Steuer, JJ.
### §860. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section, act Feb. 27, 1913, ch. 85, §§1–3, 37 Stat. 687, related to selection of phosphate or oil lands by State of Idaho under indemnity and other land grants. See sections 121 to 123 of Title 30, Mineral Lands and Mining.