alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Alida J. Davis et al., Appellants, *v.*William S. Clark, Executor, etc., Respondent.

Under the Code of Civil Procedure (§ 1337), the decision of a surrogate upon a question of fact arising on conflicting evidence upon the final accounting of an executor is not reviewable here.

The provision of said Code (§ 2586) declaring that: “ Where an appeal is taken upon the facts, the appellate court has the same power to decide the questions of fact which the surrogate had,” etc., has reference only to appeals from surrogates’ decrees or orders to the Supreme Court.

(Argued October 28, 1881;

decided November 22, 1881.)

This was an appeal from a judgment of the General Term of the Supreme Court, which affirmed the decree of a surrogate upon the final accounting of an executor. The question was as to an alleged payment of $1,000 to a légatee. The evidence upon this question was conflicting; the surrogate allowed the payment claimed.

The court here sáy:

“Prior to the Code of Civil Procedure the decisions of surrogates in such cases were reviewable in this court upon all the evidence *(Kyle v. Kyle, 61*E. T. 400), and this court could reverse the decision of a surrogate if against the weight of evidence ; but now this court has jurisdiction only to consider the evidence with the view of seeing if there is any evidence suf*624ficieut to sustain the surrogate’s decision. Section 1337 of the Code of Civil Procedure provides that: cA question of fact arising upon conflicting evidence cannot be determined ’ upon an appeal to this court, unless special provision for the determination thereof is made by law. No such special provision as to appeals of this character has been made. Section 2586,. which provides that: ‘Where an appeal is taken upon the facts, the appellate court has the same power to decide the questions of fact which the surrogate had; and it may in its discretion receive further testimony or documentary evidence, and appoint a referee,’ has reference only to appeals from surrogates’ decrees or orders to the Supreme Court.”

*H. H. Wooclwa/rd*for appellants.

*E. A. Wash*for respondent.

Earl, J.,

reads for affirmance.

All concur.

Judgment affirmed.
Exhibit 99.1

Annual Statement of
ComplianceProtective Life Secured Trust 2004-33 (the "Trust")

I, Millie
Cicero, a duly elected and acting officer of The Bank of New York ("Indenture Trustee"), do hereby certify on
behalf of the Indenture Trustee, that:

1.     I
have reviewed and examined the performance by the Indenture Trustee of the
collection and distribution of trust money pursuant to
Section 5.02 and, if applicable, Section 6.06 of the Indenture
pursuant to which the Trust's notes (the "Notes") were issued during the fiscal year
ending December 31, 2004 (the "Relevant
Year"); and

2.     Based
upon my review and examination described in 1 above, and except as provided in the Report of Independent Registered Public Accounting Firm, dated March 30, 2005, prepared by the Trust's
independent registered public accounting firm in accordance with Section 10 of the Expense and Indemnity
Agreement, to the best of my knowledge, the collection of payments on the funding agreements and distribution of payments to noteholders
pursuant to Section 5.02 and, if applicable, Section 6.06 of the
Indenture was performed in a satisfactory manner in all material respects
throughout the Relevant Year.

THE BANK OF NEW YORK, as Indenture Trustee

|By: |  | /s/MILLIE CICERO
      Name:  Millie
      CiceroTitle:    Assistant Treasurer |  |  |  | 
|--- |  | ------------------------------------------------------------------------------ |  |  |  | 

Date:  March 30, 2005
§ 570.702 Eligible applicants. The following public entities may apply for loan guarantee assistance under this subpart. ( a ) Entitlement public entities.
( b ) Nonentitlement public entities that are assisted in the submission of applications by States that administer the CDBG program (under subpart I of this part). Such assistance shall consist, at a minimum, of the certifications required under § 570.704(b)(9) (and actions pursuant thereto).
( c ) Nonentitlement public entities eligible to apply for grant assistance under subpart F of this part.
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Youhave reached the Federal Depository Library Program Electronic Collection(FDLP/EC) Archive. This archive assures ongoing access to publications in theFDLP/EC. Access to publications in the archive is available through GPO's suiteof cataloging and locator services, including the Catalog of U.S. GovernmentPublications (CGP).
**Title:****Annual report on U.S. wind powerinstallation, cost, and performance trends [electronic resource].
 
2006 | 2007
 
SuDoc Number:E 9.25:
Item Number:0430-P-14 (online)
CGP System Number:000611962
 
 
 
** 
**Permanent Public Access
** 
Title 44 of  the United States Code (44 U.S.C. Section 1911) stipulates that public access  to official Government information products disseminated through the Federal  Depository Library Program (FDLP) must be maintained permanently in regional  depository libraries and by depository libraries not served by a regional  library. Since online products are not physically distributed to depository  libraries for retention, GPO has assumed responsibility for the provision of  permanent access to Government information products residing on FDsys  servers.
GPO's  permanent public access commitment is also met by bringing  agency-disseminated Internet resources under the purview of GPO and  incorporating them into a digital archive. GPO captures copies of agency  electronic information products, and creates PURLs so that users will be  automatically redirected to the archived products if the information is no  longer accessible on the agency Web site. Please refer to the report Managing  the FDLP Electronic Collection: A Policy and Planning Document for more  information.
 
August 9, 2017********
§ 576.203 Obligation, expenditure, and payment requirements. ( a ) *Obligation of funds.* ( 1 ) *Funds allocated to States.* ( i ) Within 60 days from the date that HUD signs the grant agreement with the State (or grant amendment for reallocated funds), the recipient must obligate the entire grant, except the amount for its administrative costs. This requirement is met by a subgrant agreement with, or a letter of award requiring payment from the grant to, a subrecipient.
( ii ) Within 120 days after the date that the State obligates its funds to a unit of general purpose local government, the subrecipient must obligate all of those funds by a subgrant agreement with, or a letter of award requiring payment to, a private nonprofit organization; a procurement contract; or the written designation of a department within the government of the subrecipient to directly carry out an eligible activity.
( 2 ) *Funds allocated to metropolitan cities, urban counties, and territories.* Within 180 days after the date that HUD signs the grant agreement (or a grant amendment for reallocation of funds) with the metropolitan city, urban county, or territory, the recipient must obligate all the grant amount, except the amount for its administrative costs. This requirement is met by an agreement with, or a letter of award requiring payment to, a subrecipient; a procurement contract; or a written designation of a department within the government of the recipient to directly carry out an eligible activity. If the recipient is an urban county, this requirement may also be met with an agreement with, or letter of award requiring payment to, a member government, which has designated a department to directly carry out an eligible activity.
( b ) *Expenditures.* The recipient must draw down and expend funds from each year's grant not less than once during each quarter of the recipient's program year. All of the recipient's grant must be expended for eligible activity costs within 24 months after the date HUD signs the grant agreement with the recipient. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for a good or service or an indirect cost or the accrual of a direct charge for a good or service or an indirect cost.
( c ) *Payments to subrecipients.* The recipient must pay each subrecipient for allowable costs within 30 days after receiving the subrecipient's complete payment request. This requirement also applies to each subrecipient that is a unit of general purpose local government.
Editorial Note on Part 982
Editorial Note: Nomenclature changes to part 982 appear at 64 FR 26640, May 14, 1999, and at 89 FR 38293, May 7, 2024.

§ 982.158 Program accounts and records. ( a ) The PHA must maintain complete and accurate accounts and other records for the program in accordance with HUD requirements, in a manner that permits a speedy and effective audit. The records must be in the form required by HUD, including requirements governing computerized or electronic forms of record-keeping. The PHA must comply with the financial reporting requirements in 24 CFR part 5, subpart H.
( b ) The PHA must furnish to HUD accounts and other records, reports, documents and information, as required by HUD. For provisions on electronic transmission of required family data, see 24 CFR part 908.
( c ) HUD and the Comptroller General of the United States shall have full and free access to all PHA offices and facilities, and to all accounts and other records of the PHA that are pertinent to administration of the program, including the right to examine or audit the records, and to make copies. The PHA must grant such access to computerized or other electronic records, and to any computers, equipment or facilities containing such records, and shall provide any information or assistance needed to access the records.
( d ) The PHA must prepare a unit inspection report.
( e ) During the term of each assisted lease, and for at least three years thereafter, the PHA must keep: ( 1 ) A copy of the executed lease;
( 2 ) The HAP contract; and
( 3 ) The application from the family.
( f ) The PHA must keep the following records for at least three years: ( 1 ) Records that provide income, racial, ethnic, gender, and disability status data on program applicants and participants;
( 2 ) An application from each ineligible family and notice that the applicant is not eligible;
( 3 ) HUD-required reports;
( 4 ) Unit inspection reports;
( 5 ) Lead-based paint records as required by part 35, subpart B of this title.
( 6 ) Accounts and other records supporting PHA budget and financial statements for the program;
( 7 ) Records to document the basis for PHA determination that rent to owner is a reasonable rent (initially and during the term of a HAP contract); and
( 8 ) Other records specified by HUD.
(Approved by the Office of Management and Budget under control number 2577-0169) [60 FR 34695, July 3, 1995, as amended at 60 FR 45661, Sept. 1, 1995; 61 FR 27163, May 30, 1996; 63 FR 23860, Apr. 30, 1998; 63 FR 46593, Sept. 1, 1998; 64 FR 50229, Sept. 15, 1999; 80 FR 8246, Feb. 17, 2015]
§ 578.19 Application process. ( a ) *Notice of Funding Availability.* After enactment of the annual appropriations act for the fiscal year, HUD will issue a NOFA in accordance with the requirements of 24 CFR part 4.
( b ) *Applications.* All applications to HUD, including applications for grant funds and requests for designation as a UFA or HPC, must be submitted at such time and in such manner as HUD may require, and contain such information as HUD determines necessary. At a minimum, an application for grant funds must contain a list of the projects for which it is applying for funds; a description of the projects; a list of the projects that will be carried out by subrecipients and the names of the subrecipients; a description of the subpopulations of homeless or at risk of homelessness to be served by projects; the number of units to be provided and/or the number of persons to be served by each project; a budget request by project; and reasonable assurances that the applicant, or the subrecipient, will own or have control of a site for the proposed project not later than the expiration of the 12-month period beginning upon notification of an award for grant assistance.
<PAGE>

                                                                    EXHIBIT 13.1

                                  CERTIFICATION
                             PURSUANT TO SECTION 906

      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of section 1350, chapter 63 of title 18, United States Code), the
undersigned officer of 51job, Inc. (the "Company"), hereby certifies, to such
officer's knowledge, that:

      The Annual Report on Form 20-F for the year ended December 31, 2005 (the
"Report") of the Company fully complies with the requirements of section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

      Date: June 29, 2006

                                      By:    /s/ Rick Yan
                                             -----------------------------
                                      Name:  Rick Yan
                                      Title: President and Chief Executive
                                             Officer

      A signed original of this written statement required by Section 906 has
been provided to 51job, Inc. and will be retained by 51job, Inc. and furnished
to the U.S. Securities and Exchange Commission or its staff upon request.

      This certification will not be deemed "filed" for the purposes of Section
18 of the Securities Exchange Act of 1934, or otherwise subject to the liability
of that section. This certification will not be deemed to be incorporated by
reference into any filing under Securities Act of 1933 or the Securities
Exchange Act of 1934 even if the document with which it is submitted to the U.S.
Securities and Exchange Commission is so incorporated by reference.
Exhibit 13.2

CERTIFICATION REQUIRED BY

RULE 13a-14(b) OR RULE 15d-14(b)

AND 18 U.S.C. SECTION 1350

In connection with the Annual Report of SouFun Holdings Limited (the Company) on Form 20-F/A for the year ended December 31, 2011 as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Lanying Guan, 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 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 results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 8, 2012



/s/ Lanying GuanName:

Lanying GuanTitle:

Chief Financial Officer
EXHIBIT 32.1




CERTIFICATION


PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Michael S. Wasik, certify that:





1. I have reviewed the quarterly report on Form 10-Q of the Company;





2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report; and





3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the period presented in this quarterly report.


Date:
5/14/10By:
/s/ Michael S. WasikMichael S. WasikChief Executive Officer and Chief Financial Officer
(No. 89-CC-1172

#### Betty J. Hadley, Claimant, *v.*The State of Illinois, Respondent.

*Order filed July 13, 1992.*

Betty J. Hadley, *pro se,*for Claimant.

Roland W. Burris, Attorney General (Steven Schmall, Assistant Attorney General, of counsel), for Respondent.

*253ORDER

Montana, C.J.

This cause comes on to be heard on the Respondents motion to dismiss, due notice having been given, no objection having been filed, and the Court being advised, finds:

Claimant filed this claim seeking to recover the amount of an unemployment insurance warrant issued by the Illinois Department of Employment Security. The Division of Benefit Payment Control of the Department of Employment Security holds administrative hearings to determine whether a warrant should be reissued. The claims adjudicator denied reissuance of the warrant.

Section 3 — 104 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 3 — 104) states that jurisdiction to review final administrative decisions is vested in the circuit court. The fact that the review of the decision of the Division of Benefit Payment Control is provided through administrative review in the circuit court prevents the Court of Claims from assuming jurisdiction over claims such as the instant one. *Rivera v. State*(1981), 35 Ill. Ct. Cl. 375; *Moore v. State*(1980), 34 Ill. Ct. Cl. 108; *Anaya v. State*(1980), 34 Ill. Ct. Cl. 161.

*254We further find that Respondents counsel learned that, notwithstanding and unaware of the above Court of Claims decision, attorneys for the Legal Assistance Foundation of Chicago and the Department of Employment Security entered into a consent decree before Federal Judge Prentice Marshall in a case entitled *Bums.*As part of such decree, the parties agreed to add language to Benefit Payment Controls written administrative decisions that suggested that a person aggrieved by the decision should proceed in the Court of Claims. Respondents counsel informed both the Legal Assistance Foundation and the Illinois Department of Employment Security of the jurisdictional problem of which the signers of the consent decree were unaware. The Department of Employment Security is attempting to resolve this problem by administratively reissuing or rehearing those pending cases, such as the instant one, where review was erroneously sought in the Court of Claims, so that claimants will have enough time to seek review in the circuit court.

In the motion at bar, Respondent seeks dismissal without prejudice and with leave to file if the benefit control division of the Department of Employment Security does not reissue its administrative decision. Respondent does not indicate how the Court should proceed with the case should it be dismissed and then refiled. Jurisdiction cannot be vested with a court solely based on agreement of the parties and Respondent does not suggest the cited cases are wrong.

Wherefore, it is hereby ordered that this claim be, and hereby is, dismissed for lack of jurisdiction and without leave to refile.
### §390h–12a. North San Diego County Area Water Recycling Project

#### (a) Authorization

The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the North San Diego County Area Water Recycling Project, consisting of projects to reclaim and reuse water within service areas of the San Elijo Joint Powers Authority, the Leucadia County Water District, the City of Carlsbad, and the Olivenhain Municipal Water District, California.

#### (b) Cost share

The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.

#### (c) Limitation

The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

(Pub. L. 102–575, title XVI, §1615, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3290.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 1615 of Pub. L. 102–575 was renumbered section 1631 and is classified to section 390h–13 of this title.
#### § 87.405 Penalty procedures.

Agencies shall impose and collect civil penalties pursuant to the provisions of the Program Fraud and Civil Remedies Act, 31 U.S.C. sections 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812, insofar as these provisions are not inconsistent with the requirements herein.
### §70013. Requirement to notify Coast Guard of release of objects into the navigable waters of the United States

(a) Requirement.—As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403), such person shall notify the Secretary and the Secretary of the Army of such release.

(b) Restriction on Use of Notification.—Any notification provided by an individual in accordance with subsection (a) may not be used against such individual in any criminal case, except a prosecution for perjury or for giving a false statement.

(Added Pub. L. 115–282, title IV, §401(a), Dec. 4, 2018, 132 Stat. 4259.)

#### **Editorial Notes**

#### References in Text

Section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899, referred to in subsec. (a), means section 10 of act Mar. 3, 1899, ch. 425, 30 Stat. 1151, known as the Rivers and Harbors Appropriation Act of 1899, which is classified to section 403 of Title 33, Navigation and Navigable Waters.
### §10705. Disposition of money, property, and wages by consular officers

When money, property, or wages of a deceased seaman comes into possession of a consular officer, the officer may—

(1) sell the property and remit the proceeds and other money or wages of the seaman the officer has received, to the district court of the United States for the district in which the voyage begins or ends; or

(2) deliver the money, property, and wages to the district court.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 573.)

| Revised section | Source section (U.S. Code) |
| --- | --- |
| 10705 | 46:624 |

Section 10705 instructs consular officers on the disposal of the property and wages of deceased seamen who have died outside the United States.