alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Chapman *v.*The State.

*Indictment against Cleric of Circuit Coitrt under Section Jj.159 of the Code.*

1.. *Failure of clerk of circuit court, to issue execution, not indictable.*Section 3380 of the Code providing a penalty against the clerk of a circuit court, who fails to issue execution as prescribed by section 3181 of the Code, such dereliction of duty is not indictable under the provisions of _ section 4159 of the Code, making it a misdemeanor for that officer to fail “to perform any duty imposed on him, for the failure to perform which no other penalty is provided.”

*21Appeal from Choctaw Circuit Court.

Tried before Hon. ¥m. E. Clarke.

The facts are stated in the opinion.

Lutii er R. Smith, for appellant.

H. O. Tompkins, Attorney-General, for the State.

STONE, J.

— The present is an indictment under section 4159 of the Code of 1876, which declares it a misdemeanor in the clerk of a circuit court, “who fails to perform any duty imposed on him, for the'failure to perform which no other penalty is provided.” The offense charged is, tiiat Chapman, who was clerk of the circuit court, failed to issue execution within ■fifteen days after the adjournment of the Circuit Court of Choctaw county. The indictment is framed under §§ 3181, 4159.of the Code of 1876. It will be observed that section 4159 converts into a misdemeanor only the failure to perform ■some duty imposed by law, “for the failure to perforin which no other penalty is provided.” Section 3380 of the Code does provide another penalty “ for failing to issue execution as prescribed by section 3181 [of the Code] within the time prescribed by law.” This case, then, does not fall within the statute, and no indictment will lie for the alleged dereliction. We need not notice other points raised by the demurrer.

The judgment of the circuit court is reversed; but inasmuch as no conviction can he had on the charge contained in the indictment, the cause is not remanded.

Let the accused go hence without day.
#### Eugenia Dumbadze, Respondent, v Edward Chwatt et al., Appellants.

[775 NYS2d 889]

In an action to recover damages for personal injuries, the defendants appeal from so much of an interlocutory judgment of the Supreme Court, Queens County (O’Donoghue, J.), dated January 2, 2003, as, upon a jury verdict on the issue of liability finding them 75% at fault and the plaintiff 25% at fault in the happening of the accident, is in favor of the plaintiff and against them.

Ordered that the interlocutory judgment is affirmed insofar as appealed from, with costs.

The defendants were the owner and managing agents of the residential apartment complex in which the plaintiff tenant resided. The plaintiff established at trial that the defendants were negligent in failing to repair or replace a bulb in a vestibule immediately outside of her apartment door. She also proved that their negligence proximately caused her accident which occurred when she fell from a stepladder in an attempt to adjust the bulb.

The trial court properly denied the defendants’ trial motions for judgment as a matter of law pursuant to CPLR 4401 and 4404. It cannot be concluded that the jury failed to follow a *564valid line of reasoning in reaching its verdict *(see Derdiarian v Felix Contr. Corp.,*51 NY2d 308, 316 [1980]; *Cohen v Hallmark Cards,*45 NY2d 493, 499 [1978]; *Dumbadze v Schwatt,*291 AD2d 529 [2002]; *Figueroa v Center Assoc.,*283 AD2d 324, 325 [2001]; *Jackson v New York City Hous. Auth.,*214 AD2d 605, 606 [1995]; *Perez v New York City Hous. Auth.,*212 AD2d 379 [1995] ; *McCann v City of New York,*205 AD2d 668 [1994]; *Shutak v Handler,*190 AD2d 345, 348 [1993]). In addition, the jury’s verdict as to negligence and apportionment of fault was not against the weight of the evidence *(see Lolik v Big V Supermarkets,*86 NY2d 744, 746 [1995]; *Cohen v Hallmark Cards, supra*at 500; *Kovit v Estate of Hallums,*307 AD2d 336, 337 [2003]; *Turner v Sixtieth St. Automotive Serv. Corp.,*299 AD2d 477, 478 [2002]; *Nicastro v Park,*113 AD2d 129, 133 [1985]).

There was no error in the trial court’s charge to the jury with respect to the defendants’ obligations pursuant to the Multiple Dwelling Law *(see Mas v Two Bridges Assoc.,*75 NY2d 680, 687 [1990]; *Cortes v Riverbridge Realty Co.,*227 AD2d 430, 431 [1996] ). Moreover, because the trial court’s charge, as given, fairly instructed the jury on the legal standards, it was unnecessary to grant the defendants’ requests to charge assumption of risk, independent superseding causation, and competing inferences of negligence and freedom therefrom *(see Morgan v State of New York,*90 NY2d 471, 488 [1997]; *Derdiarian v Felix Contr. Corp., supra; Vartabedian v Hospital for Special Surgery,*292 AD2d 520, 521 [2002]; *cf. Oginski v Rosenberg,*115 AD2d 463 [1985]).

The defendants’ remaining contentions are either unpreserved for appellate review or are without merit. Ritter, J.P., H. Miller, Crane and Cozier, JJ., concur.
Editorial Note on Subchapter B of Chapter XIV
Editorial Note: For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 1466.30 Definitions. In addition to the terms defined in § 1466.3, the definitions in this section apply to this subpart: *Eligible entity* means, as determined by NRCS: ( 1 ) A third-party private entity the primary business of which is related to agriculture;
( 2 ) A nongovernmental organization with experience working with agricultural producers; or
( 3 ) A governmental organization.
*Grant agreement* means a document describing a relationship between NRCS and a State or local government, or other recipient whenever the principal purpose of the relationship is the transfer of a thing of value to a recipient in order to accomplish a public purpose of support or stimulation authorized by Federal law and substantial Federal involvement is not anticipated.
*Grant Review Board* consists of representatives of NRCS staff as determined by the Chief.
*On-Farm Conservation Innovation Trial (OFCIT) agreement* means an agreement that governs the relationship between NRCS and the participant for the purposes of OFCIT implementation. An OFCIT agreement may be between either NRCS and a producer or NRCS and an eligible entity.
*On-farm conservation research* means an investigation conducted to answer a specified conservation-related question using a statistically valid design, while employing farm-scale equipment on farm fields.
*Project* means the activities as defined within the scope of the grant agreement or cooperative agreement.
*Project director* means the individual responsible for the technical direction and management of the project as designated in the application.
*Technical Peer Review Panel* means a panel consisting of Federal and non-Federal technical advisors who possess expertise in a discipline or disciplines deemed important to provide a technical evaluation of project proposals submitted under the funding opportunity announcement.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1348 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 1348

  To extend the prohibition on the joint use of Homestead Air Reserve 
     Base, Homestead, Florida, by the Air Force and civil aircraft.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2023

 Mr. Gimenez introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
  To extend the prohibition on the joint use of Homestead Air Reserve 
     Base, Homestead, Florida, by the Air Force and civil aircraft.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Options for Everglades 
Restoration and National Defense in the Straits of Florida Act''.

SEC. 2. PROHIBITION ON JOINT USE OF HOMESTEAD AIR RESERVE BASE WITH 
              CIVIL AVIATION.

    Section 2874 of the James M. Inhofe National Defense Authorization 
Act for Fiscal Year 2023 (Public Law 117-263) is amended by striking 
``On or before September 30, 2026, the Secretary'' and inserting ``The 
Secretary''.
                                 <all>
```
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This issue brief, developed by the National Evaluation and Technical Assistance Center for the Education of Children and Youth Who Are Neglected, Delinquent, or At Risk, addresses features of juvenile detention facilities as well as the characteristics of youth who find themselves in detention centers. It also offers overarching principles of educational programming for youth in detention and provides a description of flexible and high quality educational services in short-term juvenile justice facilities. Educators and administrators in juvenile justice settings can use this brief when developing and delivering educational services for the youth they serve. 

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This report, developed by the What Works Clearinghouse, reviews the research on the System of Least Prompts*,*a practice that involves defining and implementing a hierarchy of prompts to assist students in learning a skill.

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NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsComputational study of the aerodynamics and control by blowing of asymmetric vortical flows over delta wingsSome of the work is described which was done in a study of the flow field produced by tangential leading edge blowing on a 60 deg. delta wing. The flow is studied computationally by solving the Thin Layer Navier-Stokes equations. Steady state flow fields are calculated for various angles of attack and yaw, with and without the presence of tangential leading edge blowing. The effectiveness of blowing as a rolling moment control mechanism to extend the envelope of controllability is illustrated at pre- and post-stall angles of attack. The numerical grid is generated using algebraic grid generation and various interpolation and blending techniques. The jet emanates from a slot with linearly varying thickness and is introduced into the flow field using the concept of an actuator plane, thereby not requiring resolution of the jet slot geometry. The Baldwin-Lomax algebraic turbulence model is used to provide turbulent closure. The computational results are compared with those of experiments.Document ID19920001772Acquisition SourceLegacy CDMSDocument TypeContractor Report (CR)AuthorsCraig, Ken*(Stanford Univ. CA, United States)*Date AcquiredSeptember 6, 2013Publication DateSeptember 1, 1991Subject CategoryAerodynamicsReport/Patent NumberNAS 1.26:187979NASA-CR-187979JIAA-TR-104Accession Number92N10990Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19920001772.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
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