alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 888
Editorial Note: For revisions and amendments affecting Schedules A, B, C, and D, issued under part 888, but not carried in the Code of Federal Regulations, see the List of CFR Sections Affected, in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 888.203 Use of contract rent automatic annual adjustment factors. ( a ) To compute an adjustment to a Contract Rent, find the schedule of Automatic Annual Adjustment Factors for the appropriate Census Region or Standard Metropolitan Statistical Area— ( 1 ) If the Contract Rent includes all utilities, use the factor shown on the basic schedule for the rent bracket within which the particular Contract Rent falls and for the applicable size of unit (by number of bedrooms).
( 2 ) If the Contract Rent does not include all utilities but does include the highest cost utility, use the appropriate factor shown on the basic schedule.
( 3 ) If the Contract Rent does not include any utilities or includes some utilities but not the highest cost utility, use the Annual Adjustment Factor for Contract Rent (Excluding Utilities).
( b ) The adjusted monthly amount of the Contract Rent of a dwelling unit shall be determined by multiplying the Contract Rent in effect on the anniversary date of the contract by the applicable Automatic Annual Adjustment Factor (see paragraph (a) of this section) and rounding the result as follows: ( 1 ) If the result contains a fractional dollar amount ranging from $0.01 to $0.49, round to the next lower whole dollar amount;
( 2 ) If the result contains a fractional dollar amount ranging from $0.50 to $0.99, round to the next higher whole dollar amount.
[42 FR 60508, Nov. 25, 1977, as amended at 44 FR 21769, Apr. 12, 1979; 47 FR 4252, Jan. 29, 1982; 59 FR 38564, July 29, 1994]
#### Alice Fritz, Respondent, v Edward Fritz, Appellant.

In a matrimonial action, the defendant appeals from a judgment of divorce of the Supreme Court, Nassau County, entered August 3,1977. Judgment modified, on the law, by deleting the eighth decretal paragraph thereof, which relates to the division of the proceeds of a certain joint savings account and a New York State income tax refund check. As so modified, judgment affirmed, without costs or disbursements, and action remanded to Special Term for a hearing to determine the rights of the respective parties to the property in question and for the entry of an appropriate amended judgment. Pursuant to section 234 of the Domestic Relations Law, the court, in a divorce action, may determine "any question as to the title to property arising between the parties”. Here, however, the plaintiff did not formally request a division of the savings account and a tax refund check, although an oral motion to conform the pleadings to the proof was granted. The record before us does not indicate the actual contributions by the parties to the savings account, their intentions with respect to that account, or the portion, if any, of the refund check which was attributable to the plaintiff’s earnings. While a presumption of joint tenancy exists with respect to the account, the defendant should be afforded an opportunity to rebut that presumption. As to the refund check, the plaintiff may not assert any rights to funds which represent taxes paid by the defendant on his own income. Hopkins, J. P., Latham, Damiani and Titone, JJ., concur.
Exhibit 99.3

                        Independent Accountant's Report

Synthetic Fixed-Income Securities, Inc. (as Depositor)
One Wachovia Center
301 South College Street, DC-7
Charlotte, NC 28288

U.S. Bank Trust National Association (as Trustee)
Corporate Trust Department
100 Wall Street

New York, NY 10005

Re:    STRATS Trust For J.P. Morgan Chase & Co. Securities Series 2004-9 (the
       -----------------------------------------------------------------------
       "Trust")
       --------

Ladies and Gentlemen:

We have examined assertions of Synthetic Fixed-Income Securities, Inc. (the
"Depositor") and U.S. Bank National Association, (the "Trustee" and Together
with the Depositor, the "Management") that the Depositor and the Trustee have
complied, in all material respects, with the provisions of the Base Trust
Agreement dated as of September 26, 2003, as supplemented by a series
supplement dated as of July 15, 2004 (together, the "Trust Agreement"), in
respect of the STRATS Trust For J.P. Morgan Chase & Co. Securities Series
2004-9 (the "Trust"), during the period covered by the annual report on Form
10-K filed by the Depositor on behalf of the Trust for the year ended December
31, 2004 (the "Annual Report"). Management is responsible for compliance with
the Trust Agreement. Our responsibility is to express an opinion on
Management's assertions based on our examination.

Our examination was made in accordance with attestation standards established
by the American Institute of Certified Public Accountants and, accordingly,
included examining, on a test basis, evidence about the Depositor's and the
Trustee's compliance with the Trust Agreement and performing such other
procedures as considered necessary in the circumstances. We believe that our
examination provides a reasonable basis for our opinion.

In our opinion, the Depositor and the Trustee have complied, in all material
respects, with the Trust Agreement during the period covered by the Annual
Report and Management's assertions with respect to such compliance are fairly
stated, in all material respects, for the year ended December 31, 2004.

/s/ Aston Bell, CPA
-------------------
New York, New York
March 22, 2005
### §14302. Measurement

(a) The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention.

(b) A vessel measured under this chapter may not be required to be measured under another law.

(c) Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel's tonnage, if that law—

(1) becomes effective after July 18, 1994; or

(2) is in effect before July 19, 1994, is not enumerated in section 14305 of this title, and is identified by the Secretary by regulation as a law to which this chapter applies.

(Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1921; Pub. L. 111–281, title III, §303(d), Oct. 15, 2010, 124 Stat. 2924.)

#### Historical and Revision Notes

#### Revised section 14302

Source: International Convention on Tonnage Measurement of Ships.

Section 14302(a) requires the Secretary to measure a vessel to which this chapter applies, in the way provided by this chapter and by the Convention. Section 14302(b) provides that a vessel that is required to be measured under this chapter can not also be required to be measured under another law. The exception allows the Panama Canal Commission to continue to use the Canal measurement system for calculation of tolls. Section 14302(c) provides that the applicability of tonnage-based laws that become effective after July 18, 1994, will be based on Convention tonnage measurements. The applicability of tonnage-based laws in effect before July 19, 1994, which are listed by the Secretary, will also be based on Convention tonnage. Therefore, the laws that will be based on regulatory tonnage are those not listed by the Secretary by regulation and those listed in section 14305 of this legislation.

#### **Editorial Notes**

#### Amendments

2010—Subsec. (b). Pub. L. 111–281 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Except as provided in section 1602(a) of the Panama Canal Act of 1979 (22 U.S.C. 3792(a)), a vessel measured under this chapter may not be required to be measured under another law."
### §56502. Adjusting obligations and arranging maintenance

(a) General Authority.—On written application, the Secretary of Transportation may adjust obligations and arrange for maintenance of an essential vessel as provided in this chapter if the Secretary determines, after any investigation or proceeding the Secretary considers desirable, that—

(1) the operation of the vessel in the service, route, or line to which it is assigned under this subtitle, or in which it otherwise would be operated, is not—

(A) lawful under the Neutrality Act of 1939 (22 U.S.C. 441 et seq.) or a proclamation issued under that Act; or

(B) compatible with maintaining the availability of the vessel for national defense and commerce;

(2) it is not feasible under existing law to employ the vessel in any other service or operation in foreign or domestic trade (except temporary or emergency operation under section 56503(b)(5) of this title); and

(3) the applicant, because of the restrictions of the Neutrality Act of 1939 (22 U.S.C. 441 et seq.) or the withdrawal of vessels for national defense under paragraph (1), is not earning or will not earn a reasonable return on the capital necessarily employed in its business.

(b) Effective Period.—Adjustments and arrangements under subsection (a) shall continue in effect only as long as the circumstances described in subsection (a) continue to exist.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1657.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 56502 | 46 App.:1242a(b), (e). | June 29, 1940, ch. 442, subdivs. (b), (e), 54 Stat. 684, 686; Pub. L. 97–31, §12(132), Aug. 6, 1981, 95 Stat. 165. |

Section

The text of 46 App. U.S.C. 1242a(b) (1st sentence) is omitted as surplus. The text of 46 App. U.S.C. 1242a(e) is omitted as obsolete.

#### **Editorial Notes**

#### References in Text

The Neutrality Act of 1939, referred to in subsec. (a)(1)(A), (3), is act Nov. 4, 1939, ch. 2, 54 Stat. 4, which is classified generally to subchapter II (§441 et seq.) of chapter 9 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 441 of Title 22 and Tables.
May 4, 2010
### **CHAPTER 59—INTERMODAL SAFE CONTAINER TRANSPORTATION**

Sec.
5901.
Definitions.
5902.
Notifications and certifications.
5903.
Prohibitions.
5904.
State enforcement.
5905.
Liens.
5906.
Perishable agricultural commodities.
5907.
Effective date.
5908.
Relationship to other laws.

#### **Editorial Notes**

#### Amendments

**1996**—Pub. L. 104–291, title II, §§208(b), 209(b), Oct. 11, 1996, 110 Stat. 3457, 3458, substituted "Effective date" for "Regulations and effective date" in item 5907 and added item 5908.
EXHIBIT 99.1
   
 One Bryant Park
  3rd Floor  Structured Credit Trading
  New York, NY 10036
  The undersigned, Maryann Joseph, Vice President of The Bank of New York
      Mellon (formerly The Bank of New York), a New York corporation (the Trustee),
      hereby certifies in such capacity that, based on her knowledge, the Trustee
      has complied, in all material respects, with all conditions and covenants
      applicable to the Trustee under the Standard Terms for Trust Agreements
      dated February 20, 1998 between Merrill Lynch Depositor, Inc. as depositor
      (the Depositor) and the Trustee, as successor to United States
      Trust Company of New York, as trustee and securities intermediary (the Securities
      Intermediary), in each case as amended by a series supplement between
      the Depositor, the Trustee and the Securities Intermediary for each trust
      series listed in the attached schedule.


| | Very truly yours,
      The Bank of New York Mellon (formerly 
      The Bank of New York), as Trustee |       
| | ------------------------------------------------------------------------------------------------------ | ------
| | By:                                                                                                    | /s/   
| |                                                                                                        | Name: 
| |                                                                                                        | Title:





---






---
#### Universal Vending Service Company, appellee, v. Nick Decaova, appellant.

Gen. No. 28,596.

Consolidated with No. 28,578 ante. Appeal from the Municipal Court of Chicago; the Hon. Henry M. Walker, Judge, presiding. Heard in the second division of this court for the first district.

Affirmed.

Opinion filed November 27, 1923.

Per Curiam.
---

Exhibit 4.ss

|                    |                                                                                                                                                                         
|------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|[exhibit991001.jpg] |                                                                                                                                                                         
|                    | Suite 215-800 West Pender St
      Vancouver, BC V6C 2V6
      
      t:  604 669 2251
      866 824 1100
      f:  604 669 8577
      
      w. www.kimberresources.com





July 10, 2008





Mr. Eric King

201 Brookgreen Way

Deland , Florida



Dear Eric,



Further to our various conversations, this letter will confirm your understanding with Kimber Resources Inc. (the ACompany@) that in consideration of you introducing the Company to sources of capital that result in the Company successfully closing a private placement to raise not less than $3,000,000 the Company will pay to you 7% of the amount raised and received by the Company from the parties introduced by you as a finders fee (the AFinders Fee) upon the following terms and conditions:



1)

PAYMENT OF FINDERS FEE



The payment to you will be made forthwith following the successful closing of the Company=s private placement.



2.

REGULATORY REQUIREMENTS



This agreement will be subject to any necessary regulatory approval and the parties will, if required by any regulatory authority, make such amendments to the agreement herein contained as are necessary to meet the requirements of such regulatory authority.



3.

APPLICABLE LAW



This Agreement will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein.



4.

ENTIRE AGREEMENT



This Agreement contains the entire agreement between the Company and you and no modification of this Agreement or waiver of the terms and conditions hereof will be binding unless approved in writing by you and the Company.



5.

SUCCESSORS and ASSIGNS





---

2



This Agreement will be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns.



If you are in agreement with the above terms and conditions would you please sign and return one copy of this letter agreement.



Yours truly,

Accepted and agreed this

Kimber Resources Inc.

25th day of July, 2008



Gordon Cummings

Eric King



per:

____________________

Gordon Cummings

Eric King

President & CEO



---
<PAGE>

                                   EXHIBIT 32

                            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 of Home City Financial Corporation, (the
"Company") on Form 10-QSB for the three months ended June 30, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
we, J. William Stapleton, Chief Executive Officer and Chief Operating Officer,
and Charles A. Mihal, Treasurer and Chief Financial Officer, certify, pursuant
to 18 U.S.C. Section 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; and

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



/s/J. William Stapleton                   /s/Charles A. Mihal
-----------------------------             ---------------------
J. William Stapleton                      Charles A. Mihal
Chief Executive Officer and               Treasurer and Chief Financial Officer
Chief Operating Officer


Date:      August 7, 2003                 Date:     August 7, 2003
        -----------------                        ------------------



A signed original of this written statement required by Section 906 has been
provided to Home City Financial Corporation and will be retained by Home City
Financial Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.





                                       23
§ 23.14 Instructions for handling future changes in design. All approvals are granted with the understanding that the manufacturer will make his device according to the drawings that he has submitted to MSHA and that have been considered and included in the approval. Therefore, before making any changes in the design he shall obtain MSHA's authorization of the change. The procedure is as follows: ( a ) ( 1 ) The manufacturer shall write to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, requesting an extension of the original approval and stating the change or changes desired. With this request, the manufacturer should submit a revised drawing or drawings showing the changes in detail, together with one of each of the parts affected.
( 2 ) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval of changes to an approved product under this part, the applicant must provide to MSHA as part of the approval application: ( i ) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;
( ii ) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;
( iii ) Identification of components or features of the product that are critical to the safety of the product; and
( iv ) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.
( b ) MSHA will consider the application and inspect the drawings and parts to determine whether it will be necessary to make any tests.
( c ) If no tests are necessary, and the change meets the requirements, the applicant will be officially advised by MSHA that his original approval has been extended to include the change.
( d ) If tests are judged necessary, the applicant will be advised of the material that will be required. In this case extension of approval will be granted upon satisfactory completion of the tests and full compliance with the requirements.
[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended by Supp. 1, 20 FR 2975, May 4, 1955; 43 FR 12315, Mar. 24, 1978; 52 FR 17514, May 8, 1987; 68 FR 36421, June 17, 2003; 73 FR 52212, Sept. 9, 2008]
### §53312. Assessment and collection of deficiency tax

Notwithstanding any other provision of law, a deficiency in tax for a taxable year resulting from the inclusion of an amount in gross income as provided by section 53311 of this title, and the amount to be treated as a deficiency under section 53311 instead of as an adjustment for the declared value excess profits tax, may be assessed or a civil action may be brought to collect the deficiency without assessment, at any time. Interest on a deficiency or amount to be treated as a deficiency does not begin until the date the deposited gain or part of the deposited gain in question is required to be included in gross income under section 51111.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1590.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 53312 | 46 App.:1161(j). | June 29, 1936, ch. 858, title V, §511(j), as added Oct. 10, 1940, ch. 849, 54 Stat. 1108. |

Section
Order entered Ju ly 1, 2015

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 15
- 00454
- CR
EX PARTE W ILLIAM THOMAS NICHOL AS , JR . On Appeal from the County Criminal Court No. 10

Dallas County, Texas Trial Court Cause No. MC15
- A0588
- L



### O R DER The Court has before it appellant’s June 29, 2015 “Original Writ of Mandamus” in which he complains the Dallas County Clerk has violated a ministerial duty by not providing appellant with certain documents. He asks that we order the Dallas County Cle rk to send him the documents he seeks. We will treat this as a motion in the pending appeal rather than a separate original proceeding. On June 25, 2015, this Court ordered the Dallas County Clerk to file a supplemental clerk’s record containing the “Cour t’s Supplemental Order and Findings of Fact and Conclusions of Law” that reduces to writing the trial court’s ruling on appellant’s application for writ of habeas corpus. We also ordered the Dallas County Clerk to provide written verification that copies of the clerk’s record and supplemental clerk’s records were sent to appellant. On June 29, 2015, we received both the supplemental clerk’s record and the verification that the records havebeen sent to appellant. Accordingly, we DENY appellant’s June 29, 2015 pro se motion to order

the trial to send appellant the clerk’s record and supplemental clerk’s records. Appellant’s pro se brief remains due on August 21, 2015

. We DIRECT the Clerk to send copies of this order to the Honorable Roberto Canas, Jr.,
Pre siding Judge, County Criminal Court No. 10; John Warren, Dallas County Clerk; and the Dallas County District Attorney’s Office.
We DIRECT the Clerk to send copies of this order, by first

- class mail, to William Thomas Nicholas, Jr., TDCJ No. 1680033, Clemen ts Unit, 9601 Spur 591, Amarillo, Texas 79107

- 9606.

/s/ ADA BROWN JUSTICE
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 14

- 13172 Non

- Argument Calendar

________________________ D.C. Docket No. 1:13

- cr - 00031

- MP

- GRJ

- 1

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus
JEFFERY MICHAEL JACKSON, Defendant

- Appellant.

_________ _______________ Appeal from the United States District Court for the Northern District of Florida

________________________ (March 30, 2015) Before HULL , JULIE CARNES and FAY , Circuit Judges. PER CURIAM:

Case: 14-13172 Date Filed: 03/30/2015 Page: 1 of 22 Joseph DeBelder, counsel for Jeffery Jackson in this appeal, has m oved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the rela tive merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED , and Jackson’s conviction and sentence are AFFIRMED

.

Case: 14-13172 Date Filed: 03/30/2015 Page: 2 of 2