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

*Habeas Corpus.*

(Decided Jan. 30, 1912.

57 South. 1031.)

*Judgment; Fines and, Costs; Sentence.*— Where.the defendant pleaded guilty to an assault and battery, and there was no sugges tiou that the prosecution was for the violation of a municipal ordi nance, the charge imported an offense against the criminal laws of the state, and is punishable only by fine or imprisonment in the county jail, or by hard labor for the county, and hence, a jundgment sentencing the defendant to hard labor for the mayor and aldermen of a city, was erroneous.

Appeal from Pike County Law Court.

Heard before Hon T. L. Boeum.

Habeas corpus by Ike Jones, to be discharged from illegal sentence. From a judgment dismissing the writ, petitioner appeals.

Keversed and rendered.

*230D. A. Baker, for appellant.

No brief reached the Reporter.

R. C. Brickell, Attorney General, and W. L. Martin, Assistant Attorney General, for the State.

WALKER, P. J.

It appears from the petition or the writ of habeas corpus, the return to the writ, and the evidence offered on the hearing that the petitioner was detained by the superintendent of streets for the ctiy of Troy under a sentence “to hard labor for the mayor and eouncilmen of Troy 200 days to pay fine, 8 days to pay costs,” imposed by the mayor of Troy on petitioner’s failure to pay or confess judgment for the fine and costs assessed against him on his plea of guilty to a charge of assault and battery.

The charge imported an offense against the criminal law of the state, as the petition alleged it to be; there being no suggestion that the prosecution was for a violation of a municipal ordinance. “When a person has been tried and convicted of any offense which is a misdemeanor under the state laws, by a. municipal officer empowered by law to try such offenses', he must be punished as provided by law:” This means that he shall be punished as provided by the laws of the *state*.—Culpep*per v. Adams*1 Ala. App. 536, 55 South. 325. Under the state law a person convicted of an assault and battery must “be fined not more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months”—Code, § 6306 On a conviction on such a charge, there is no authority of law for sentencing the defendant to hard labor for a municipality'

It appearing that the judgment under which the petitioner was held is not within the power or jurisdiction *231•of the mayor to impose on a conviction under such a •charge, and is therefore void, the order or judgment appealed from is reversed, and a judgment discharging the appellant from custody will here he rendered

Reversed and rendered.
# Official Journal L 262/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.262.eng |
| --- | --- |
| Official Journal
  of the European Union | L 262 |
| | |
| English edition | Legislation | Volume 564 October 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.262.eng

Official Journal

of the European Union

L 262

English edition

Legislation

Volume 564 October 2013

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 948/2013 of 2 October 2013 establishing a prohibition of fishing for herring in Union waters of Subdivisions 25-27, 28.2, 29 and 32 by vessels flying the flag of Poland | 1 |
| | * | Commission Regulation (EU) No 949/2013 of 2 October 2013 establishing a prohibition of fishing for blue ling in EU and international waters of II and IV by vessels flying the flag of the United Kingdom | 3 |
| | * | Commission Regulation (EU) No 950/2013 of 2 October 2013 establishing a prohibition of fishing for Norway lobster in IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal | 5 |
| | | Commission Implementing Regulation (EU) No 951/2013 of 3 October 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables | 7 |
| | | DECISIONS |
| | | 2013/481/EU |
| | * | Council Decision of 26 September 2013 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Banco de España | 9 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) No 948/2013 of 2 October 2013 establishing a prohibition of fishing for herring in Union waters of Subdivisions 25-27, 28.2, 29 and 32 by vessels flying the flag of Poland

1

*

Commission Regulation (EU) No 949/2013 of 2 October 2013 establishing a prohibition of fishing for blue ling in EU and international waters of II and IV by vessels flying the flag of the United Kingdom

3

*

Commission Regulation (EU) No 950/2013 of 2 October 2013 establishing a prohibition of fishing for Norway lobster in IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal

5

Commission Implementing Regulation (EU) No 951/2013 of 3 October 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

7

DECISIONS

2013/481/EU

*

Council Decision of 26 September 2013 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Banco de España

9

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
§ 1070.13 Public inspection in an electronic format. ( a ) *In general.* Subject to the application of the FOIA exemptions and exclusions (5 U.S.C. 552(b) and (c)), the CFPB shall, in conformance with 5 U.S.C. 552(a)(2), make available for public inspection in an electronic format, including by posting on the CFPB's website, *http://www.consumerfinance.gov ,* or, in the alternative, promptly publish and offer for sale the following information: ( 1 ) Final opinions, including concurring and dissenting opinions, and orders made in the adjudication of cases;
( 2 ) Those statements of policy and interpretations which have been adopted by the CFPB but are not published in the Federal Register;
( 3 ) Its administrative staff manuals and instructions to staff that affect a member of the public;
( 4 ) Copies of all records made publicly available pursuant to § 1070.11; and
( 5 ) A general index of the records referred to in paragraph (a)(4) of this section.
( b ) *Information made available online.* For records required to be made available for public inspection in an electronic format pursuant to 5 U.S.C. 552(a)(2) (paragraphs (a)(1) through (4) of this section), as soon as practicable, the CFPB shall make such records available on its e-FOIA Library, located at *http://www.consumerfinance.gov .*
( c ) *Record availability at the on-site e-FOIA Library.* Any member of the public may, upon request, access the CFPB's e-FOIA Library via a computer terminal at 1700 G Street NW, Washington, DC 20552. Such a request may be made by electronic means as set forth on the CFPB's website, *http://www.consumerfinance.gov ,* or in writing, to the Chief FOIA Officer, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552. The request must indicate a preferred date and time for the requested access. The CFPB reserves the right to arrange a different date and time with the requester, if necessary.
( d ) *Redaction of identifying details.* To prevent a clearly unwarranted invasion of personal privacy, the CFPB may redact identifying details contained in any matter described in paragraphs (a)(1) through (4) of this section before making such matters available for inspection or publication. The justification for the redaction shall be explained fully in writing, and the extent of such redaction shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the exemption in 5 U.S.C. 552(b) under which the redaction is made. If technically feasible, the extent of the redaction shall be indicated at the place in the record where the redaction is made.
Fourth Court of Appeals

San Antonio, Texas

May 21, 2019

No. 04-19-00196-CV

IN THE GUARDIANSHIP OF JAMES E. FAIRLEY,

From the Probate Court No 2, Bexar County, Texas

Trial Court No. 2011-PC-1068

Honorable Polly Jackson Spencer, Judge Presiding

O R D E R

Sitting: Sandee Bryan Marion, Chief Justice (not participating)

Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Irene Rios, Justice

Beth Watkins, Justice

Liza A. Rodriguez, Justice

On May 6, 2019, Appellant Juliette Fairley filed her appellant’s brief. In her brief, 

appellant explains that Chief Justice Marion, when she was a probate court judge, signed an 

administrative order that is at issue in this appeal. Appellant moves for Chief Justice Marion and 

the entire Fourth Court of Appeals to recuse from this appeal. Chief Justice Marion has 

voluntarily recused herself from this appeal. Thus, the recusal motion with respect to Chief 

Justice Marion is moot.

Each of the remaining justices have declined to recuse themselves and, in accordance 

with Texas Rule of Appellate Procedure 16.3(b), have certified the matter of their respective 

recusal to the other remaining justices. See TEX. R. APP. P. 16.3(b). Without voting on their own 

recusal, the remaining justices sitting en banc DENY appellant’s motion to recuse all members 

of the Fourth Court besides Chief Justice Marion.

It is so ORDERED on this 21st day of May, 2019.
PER CURIAM 

 ATTESTED TO: _____________________________

 KEITH E. HOTTLE,

 Clerk of Court
41942.

#### SUN INSURANCE OFFICE, LTD. v. FIRST NATIONAL BANK & TRUST COMPANY.

Decided October 17, 1966.

*Smith, Ringel, Martin & Lowe, Ralph H. Witt,*for appellant.

*Hull, Towill & Norman, Julian B. Willingham,*for appellee.

Felton, Chief Judge.

The Supreme Court, in *First Nat. Bank &c. Co. v. Sim Insurance Office, Ltd.,*222 Ga. 559 (150 SE2d 803) reversed the judgment of reversal entered by this court in this case (113 Ga. App. 782 (149 SE2d 753)). The judgment of reversal by this court is vacated and the judgment of the trial court is affirmed in compliance with the judgment and mandate of the Supreme Court.

*Judgment affirmed.*

*Frankum and Pannell, JJ., concur.*
§ 1092.101 General definitions. For the purposes of this part, unless the context indicates otherwise, the following definitions apply: ( a ) Affiliate, consumer, consumer financial product or service, covered person, Federal consumer financial law, insured credit union, person, related person, service provider, and *State* have the same meanings as in 12 U.S.C. 5481.
( b ) *Bureau* means the Consumer Financial Protection Bureau.
( c ) *Include, includes,* and *including* mean that the items named may not encompass all possible items that are covered, whether like or unlike the items named.
( d ) *Nonbank registry* means the Bureau's electronic registry identified and maintained by the Bureau for the purposes of this part.
( e ) *Nonbank registry implementation date* means, for a given requirement or subpart of this part, or a given person or category of persons, the date(s) determined by the Bureau to commence the operations of the nonbank registry in connection with that requirement or subpart.
§ 1010.21 Effective dates. ( a ) *General.* The effective date of an initial, consolidated or amended Statement of Record is the 30th day after the filing of the latest amendatory material unless the Director notifies the developer in writing prior to such 30th day that: ( 1 ) The effective date has been suspended in accordance with § 1010.45(a), or
( 2 ) An earlier effective date has been determined.
( b ) *Suspension of effective date by developer.* ( 1 ) A developer, or owner, may request that the effective date of its Statement of Record be suspended, provided there are no administrative proceedings pending against either of them at the time the request is submitted. The request must include any consolidations or amendments which have been made to the initial Statement of Record and may be submitted via the electronic means of submission described in § 1010.20(a). Forms for this purpose will be furnished by the Director upon request.
( 2 ) Upon acceptance by the Director, the effectiveness of the Statement of Record shall be suspended as of the date the request was executed by the developer or owner.
( 3 ) The suspension shall continue until the developer, or owner, submits all amendments necessary to bring the registration into full compliance with the Regulations which are in effect on the date of the amendments and the Director allows those amendments to become effective.
[76 FR 79489, Dec. 21, 2011, as amended at 81 FR 29116, May 11, 2016]
Exhibit 99.1

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER





         Pursuant to Section 906 of the Sarbanes-Oxley Act 2002 (18 U.S.C.
1350), the undersigned, Tam Cheuk Ho, Chief Financial Officer of China Resources
Development, Inc. (the "Company") has executed this certification in connection
with the filing with the Securities and Exchange Commission of the Company's
Quarterly Report on Form 10-QSB for the quarter ended June 30, 2002 (the
"Report").

         The undersigned certifies 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 operation of the Company.

         IN WITNESS WHEREOF, the undersigned has executed this certification as
of the 12th day of August, 2002.


                                            /s/
                                            ----------------------------




                                            Name: Tam Cheuk Ho
                                                  -----------------------------
                                            Title: Chief Financial Officer
                                                   ----------------------------
#### Matter of the Application of Kate E. Veeder for the Revocation and Cancellation of the Liquor Tax Certificate Issued to Dewey Miller.

(Supreme Court, Schenectady Special Term,

May, 1900.)

1. Liquor Tax Law — Consents — Distance of 300 feet how measured.

In determining the necessities of consents, to liquor traffic, from the-owners of buildings occupied exclusively as dwellings, the statutory two hundred feet is to be measured in a straight line from the nearest entrance to the dwelling, whether rear side or front, to the nearest public entrance to the building where the traffic is to be carried on.

2. Same — Status of dwelling not changed by letting rooms by the week.

A dwelling-house does not lose its character as such merely because its owner occasionally lets rooms by the week.

Application for the revocation and cancellation of a liquor tax certificate.

*570De Remer *&*Angle (O. S. ETisbet, of counsel), for petitioner.

R. J. Oooper (Oharles E. Palmer, Charles Hastings, of counsel), for defendant.

Stoveb, J.

This application is made under sections 28 and 29 of the Liquor Tax Law, on the ground that the material statements in the application were false. A mass of evidence has been taken, but the simple question at issue is whether the requisite consents of owners of dwelling-houses have been obtained. It has been held in the Matter .of Herse, decided March 15, 1900, by Lambert, J., that the nearest entrance to a building occupied exclusively as a dwelling, specified in the statute, is the nearest entrance, whether rear, side or front, to said dwelling, measured in a straight line from the nearest public entrance to the building in which traffic in liquors is to be carried on, and I think this is a correct interpretation of the statute. The distance, 200 feet, is one arbitrarily fixed, and was intended for the protection of dwelling-houses. A saloon in the rear of a dwelling might be as obnoxious as one in front. I see no reason why I should not follow the adjudication already made by Judge Lambert.

As to the consent of owners of dwelling-houses? It appears that the owner of one of the houses was in the habit of letting rooms by the week to persons who might apply for them, and it is claimed by the respondent that this action constituted .him a boardinghouse keeper, under the law, and that he was carrying on a business within the meaning of the statute. The fact that one or more of his rooms were let for occupancy of persons other than members of his family would not deprive his house of its character as a dwelling-house. It is not a place where the general public would be invited to enter and transact business, but for every intent it would still be a private house, and its occupants entitled to the privacy which surrounds a dwelling-house.

The prayer of the petitioner will be granted, with costs.

Application granted, with costs.
§ 71.20 Eligible veterans and servicemembers. A veteran or servicemember is eligible for a Family Caregiver under this part if he or she meets the criteria in paragraph (a), (b), or (c) of this section, subject to the limitations set forth in such paragraphs. ( a ) A veteran or servicemember is eligible for a Primary or Secondary Family Caregiver under this part if he or she meets all of the following requirements: ( 1 ) The individual is either: ( i ) A veteran; or
( ii ) A member of the Armed Forces undergoing a medical discharge from the Armed Forces.
( 2 ) The individual has a serious injury incurred or aggravated in the line of duty in the active military, naval, or air service: ( i ) On or after September 11, 2001;
( ii ) Effective October 1, 2020, on or before May 7, 1975; or
( iii ) Effective October 1, 2022, after May 7, 1975 and before September 11, 2001.
( 3 ) The individual is in need of personal care services for a minimum of six continuous months based on any one of the following: ( i ) An inability to perform an activity of daily living; or
( ii ) A need for supervision, protection, or instruction.
( 4 ) It is in the best interest of the individual to participate in the program.
( 5 ) Personal care services that would be provided by the Family Caregiver will not be simultaneously and regularly provided by or through another individual or entity.
( 6 ) The individual receives care at home or will do so if VA designates a Family Caregiver.
( 7 ) The individual receives ongoing care from a primary care team or will do so if VA designates a Family Caregiver.
( b ) For five years beginning on October 1, 2020, a veteran or servicemember is eligible for a Primary or Secondary Family Caregiver under this part if he or she is a legacy participant.
( c ) For five years beginning on October 1, 2020, a veteran or servicemember is eligible for a Primary or Secondary Family Caregiver under this part if he or she is a legacy applicant.
[85 FR 46295, July 31, 2020, as amended at 86 FR 52618, Sept. 22, 2021; 87 FR 57608, Sept. 21, 2022]
§ 1003.6 Enforcement. ( a ) *Administrative enforcement.* A violation of the Act or this part is subject to administrative sanctions as provided in section 305 of the Act (12 U.S.C. 2804), including the imposition of civil money penalties, where applicable. Compliance is enforced by the agencies listed in section 305 of the Act.
( b ) *Bona fide errors.* ( 1 ) An error in compiling or recording data for a covered loan or application is not a violation of the Act or this part if the error was unintentional and occurred despite the maintenance of procedures reasonably adapted to avoid such an error.
( 2 ) An incorrect entry for a census tract number is deemed a bona fide error, and is not a violation of the Act or this part, provided that the financial institution maintains procedures reasonably adapted to avoid such an error.
( c ) *Quarterly recording and reporting.* ( 1 ) If a financial institution makes a good-faith effort to record all data required to be recorded pursuant to § 1003.4(f) fully and accurately within 30 calendar days after the end of each calendar quarter, and some data are nevertheless inaccurate or incomplete, the inaccuracy or omission is not a violation of the Act or this part provided that the institution corrects or completes the data prior to submitting its annual loan/application register pursuant to § 1003.5(a)(1)(i).
( 2 ) If a financial institution required to comply with § 1003.5(a)(1)(ii) makes a good-faith effort to report all data required to be reported pursuant to § 1003.5(a)(1)(ii) fully and accurately within 60 calendar days after the end of each calendar quarter, and some data are nevertheless inaccurate or incomplete, the inaccuracy or omission is not a violation of the Act or this part provided that the institution corrects or completes the data prior to submitting its annual loan/application register pursuant to § 1003.5(a)(1)(i).
[80 FR 66313, Oct. 28, 2015, as amended at 82 FR 43145, 43146, Sept. 13, 2017]
Summary Translation	Exhibit 4.74


 


Loan Agreement


 


Contract No. : ABC(2012)1003-1
13010120140000069


 


Borrower : Shijie
Kaiyuan Auto Trading Group Co., Ltd.


 


Lender : Agricultural
Bank of China, Shijiazhuang North City Branch


 


Signing Date : January 03, 2014


 


Loan Amount
: RMB100,000,000


 


Length of maturity
: From January 09, 2014 to January 08, 2015


 


Use of Loan
: Vehicle Purchase


 


Loan Interest : 6.60%


 


	Debt Note:	Debt note is one of the part of the contract, not specified in the contract or records do not match the loan amount, date of draft, repayment date stated on the debt note, the loan documents shall prevail. 


There are three
Debt Note of the contract:


 


	 	1.	Date of Draft : January 9, 2014
	 	 	Draft Amount: RMB30,000,000
	 	 	 
	 	2.	Date of Draft : January 20, 2014
	 	 	Draft Amount: RMB20,000,000
	 	 	 
	 	3.	Date of Draft : February 10, 2014
	 	 	Draft Amount: RMB50,000,000


 


Withdrawal Amount
: RMB100,000,000


 


Payment Method : The principal shall be fully repaid with interest
at the maturity date of the loan.


 


Repayment Date
: January 08, 2015


 


Loan Guarantee : Guaranty of Mortgage


 


- Hebei Ruiliang Trading Co,. Ltd entered into The Maximum Mortgage
Contract with the Agricultural Bank of China, Shijiazhuang North City Branch, with the contract no. ABC(2012)2002 13100220140001410
Order entered April 23, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-01072-CR

THOMAS PAUL GILBERT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court

Collin County, Texas

Trial Court Cause No. 219-80015-2018

ORDER

We REINSTATE this appeal. 

The Court granted two extensions of time, making appellant’s brief due March 28, 2019. 

When it was not filed and we had no communication with appellant regarding the brief or the 

appeal, we abated the appeal for a hearing.

On April 22, 2019, the reporter’s record from the hearing was filed. We ADOPT the 

trial court’s April 17, 2019 findings that (1) appellant wishes to prosecute this appeal; (2) 

appellant, who is indigent, is represented by appointed counsel Jeff P. Buchwald; and (3) counsel 

has not abandoned the appeal and will have a brief filed within 10 days.

We ORDER appellant’s brief filed no later than May 3, 2019.
We DIRECT the Clerk to send copies of this order to the Honorable Jennifer Edgeworth, 

Presiding Judge, 219th Judicial District Court; Mitchell Nolte; and to the Collin County District 

Attorney.

/s/ LANA MYERS 

JUSTICE