alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### E. CLARK CARLEY, as Executor, etc., of MARVIN BALCH, Deceased, Respondent, *v.*ALEXANDER HODGES, Appellant.

*Chap.*40 *of*1848, § 12 *—failure to file report*— *tmstees liable for then existing debts*— *right of a meditan''s exeoutcn's to enforce such personal liability.*

A failure to file the report required hy section 12 of chap. 40 of 1848, renders the-trustees liable for the debts then existing as well asfor those thereafter contracted.^ Where the failure to file the report occurs after the death of the creditor, the trustees are personally liable to his executor.

*California Hank*v. *Collins*(5 Hun, 209), distinguished.

Appeal from a judgment, in favor of the plaintiff, entered upon the trial of this action, by the court, without a jury.

The action was brought to recover a debt due from The Stillwater Cheese Manufacturing Company to the estate of Marvin Balch, the plaintiff’s testator. It was claimed that the defendant washable for said debt as a trustee of said corporation, because-of a failure to file the report required by section 12 of chap. 40 of 1848. The debt accrued in 1867. The failure to file the report occurred in the years 1877 and 1878. Balch died in 1874, leaving a will, by which the plaintiff was appointed executor.

*McDowell &*Lewis, for the appellant.

*Wm. J.*Mantanye, for the respondent.

Learned, P. *J.:*

It is not disputed that the defendant had been a trustee of the manufacturing company from 1878 down to the time of the commencement of the action in 1878; and that, in 1877 and 1878, the report required by section 12, chap. 40, Laws of 1848 as amended, was not made. Since 1874 the plaintiff, as executor of one Balch, has been a creditor of the company.

The defendant insists that he is not liable; first, because he was not a trustee when the debt was contracted. The statute makes trustees, who are such when a failure to file the report occurs, liable as well for debts then existing as for those afterwards contracted. *188The defendant cites *Shaler & Hall Company*v. *Bliss*(27 N. Y., 297), and quotes the language : “ Only those who are ‘ trustees' when the debts are contracted come within these terms.” But the point there decided was only that one was not liable for debts contracted after he ceased to be a trustee. The case of *Boughton*v. *Otis*(21 N. Y., 261), also cited by the defendant, states that trustees are liable for debts existing while they are in default. And that rule applies to this case.

The defendant also insists that a right of action, on this statute, does not survive to the executor. *(California Bank*v. Collins, 5 Hun, 209.) Without accepting the correctness of that decision. *(Pier*v. George, 14. Hun, 568; *Bolen*v. *Crosby,*49 N. Y., 187) we may say that it does not apply here. The default occurred after the death of the testator.

The plaintiff, as executor, was the owner of the debt; the debt was in existence when the default of the trustees occurred, and. the •defendant was then a trustee. It seems to us that he is liable.

The judgment is affirmed, with costs.

Present — Learned, P. J.; Bocees and Boardman, JJ.

Judgment affirmed, with costs.
# EUR-Lex - 11957E066 - EN

Avis juridique important

*|*

# 11957E066

**TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART TWO - FOUNDATIONS OF THE COMMUNITY, TITLE III - FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL, CHAPTER 3: SERVICES, ARTICLE 66 **

*

*

++++

ARTICLE 66

THE PROVISIONS OF ARTICLES 55 TO 58 SHALL APPLY TO THE MATTERS COVERED BY THIS CHAPTER .
----

            COMMISSION DECISION         

of 29 August 2005         

concerning essential requirements as referred to in Directive 1999/5/EC of the European Parliament and of the Council ensuring access of Cospas-Sarsat locator beacons to emergency services

(notified under document number C(2005) 3059)

(Text with EEA relevance)

(2005/631/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (1), and in particular Article 3(3)(e) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

This Decision shall apply to locator beacons intended to operate on 406 MHz with the Cospas-Sarsat system and which do not fall within the scope of Decision 2004/71/EC.

Article 2

The locator beacons referred to in Article 1 shall be designed so as to ensure correct functioning according to the accepted operational requirements under exposure to the environment in which they may be used. Under distress conditions they shall provide clear and robust communication with a high degree of fidelity by meeting all the requirements of the Cospas-Sarsat system.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 29 August 2005.

For the Commission

Günter VERHEUGEN            

Vice-President

----

(1)OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(2)OJ L 16, 23.1.2004, p. 54.

----
### BEFOR E TH E DEPARTMEN T O F TRANSPORTATIO N WASHINGTON , D.C .
Agreements Adopte d b

yth e Traffi c Ckjnferences of th e Internationa l Ai r Transpor t Associatio n 

## OST-2009-032 8

APPLICATIO N FO R APPROVA L O F AGREEMENTS

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o f antitrus t immunity i s subject , wher e applicable , t o condition s previousl y imposed . Th> ' Hctio r i s elt'ectiv e after

7 day s unles s apetitio n i s file dunde r 1 4 LPK . J85.3 0 o r

ari;vie w i s undertake n o n th e Department' s ow n motion . i n view o f th e agreement' s noncontroversia l natur e an dth e availability o f the above/iJf3cedure , the i Wa>«rjpj J i n 1 4 CF R303.4 2 i s waived .

Director , Offic e o f

Internationa l Aviatio n 

### 0 4 Decembe r200 9 Communication s wit h respec t t o thi s documen t shoul d be sen t t o Douglas E . Lavi n Regiona l Vic e Presiden t - Nort h America Internationa l Ai rTranspor t Associatio n lAT AWashington , 60 1 Pennsylvani a Avenue , N.W . Suit e 30 0 - Nort h Buildin g Washingto n DC 2000 4
§ 76.1908 Certain practices not prohibited. Nothing in this subpart shall be construed as prohibiting a covered entity from: ( a ) Encoding, storing or managing commercial audiovisual content within its distribution system or within a covered product under the control of a covered entity's commercially adopted access control method, provided that the outcome for the consumer from the application of the encoding rules set out in § 76.1904(a) and (b) is unchanged thereby when such commercial audiovisual content is released to consumer control and provided that all other laws, regulations, or licenses applicable to such encoding, storage, or management shall be unaffected by this section, or
( b ) Causing, with respect to a specific covered product, the output of content from such product in a format as necessary to match the display format of another device connected to such product, including but not limited to providing for content conversion between widely-used formats for the transport, processing and display of audiovisual signals or data, such as between analog and digital formats and between PAL and NTSC or RGB and Y,Pb,Pr.
[68 FR 66735, Nov. 28, 2003, as amended at 76 FR 40280, July 8, 2011]
§ 95.2533 Prohibited MedRadio uses. MedRadio Service transmitters must not be operated for uses other than those set forth in § 95.2531. ( a ) Voice communications are prohibited in the MedRadio Service.
( b ) MedRadio programmer/control transmitters may not be used to relay information in the 401-406 MHz band to a receiver that is not included with a medical implant or medical body-worn device. Wireless retransmission of information intended to be transmitted by a MedRadio programmer/control transmitter or information received from a medical implant or medical body-worn transmitter shall be performed using other radio services that operate in spectrum outside of the 401-406 MHz band.
( c ) MedRadio programmer/control transmitters and medical implant transmitters may not be used to relay information in the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands to a receiver that is not a part of the same Medical Micropower Network (MMN). Wireless retransmission of information to a receiver that is not part of the same MMN must be performed using other radio services that operate in spectrum outside of the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands. Notwithstanding the above restrictions, a MedRadio programmer/control transmitter of an MMN may communicate with a MedRadio programmer/control transmitter of another MMN to coordinate transmissions, so as to avoid interference between the two MMNs.
( d ) Medical body-worn transmitters may relay only information in the 2360-2400 MHz band to a MedRadio programmer/control transmitter or another medical body-worn transmitter device that is part of the same Medical Body Area Network (MBAN). A MedRadio programmer/control transmitter must not be used to relay information in the 2360-2400 MHz band to other MedRadio programmer/control transmitters. Wireless retransmission of all other information from an MBAN transmitter to a receiver that is not a part of the same MBAN shall be performed using other radio services that operate in spectrum outside of the 2360-2400 MHz band. Notwithstanding the above restriction, a MedRadio programmer/control transmitter in the 2360-2400 MHz band may communicate with another MedRadio programmer/control transmitter in the 2360-2400 MHz band to coordinate transmissions so as to avoid interference between the two MBANs.
( e ) Except as provided in § 95.2559(b), no MedRadio implant or body-worn transmitter shall transmit except in response to— ( 1 ) A transmission from a MedRadio programmer/control transmitter; or
( 2 ) A non-radio frequency actuation signal generated by a device external to the body with respect to which the MedRadio implant or body-worn transmitter is used.
[82 FR 41104, Aug. 29, 2017, as amended at 86 FR 53566, Sept. 28, 2021]
#### § 600.220 Oath of office.

As trustees of the nation's fishery resources, all voting members must take an oath specified by the Secretary as follows: “I, [name of the person taking oath], as a duly appointed member of a Regional Fishery Management Council established under the Magnuson-Stevens Fishery Conservation and Management Act, hereby promise to conserve and manage the living marine resources of the United States of America by carrying out the business of the Council for the greatest overall benefit of the Nation. I recognize my responsibility to serve as a knowledgeable and experienced trustee of the Nation's marine fisheries resources, being careful to balance competing private or regional interests, and always aware and protective of the public interest in those resources. I commit myself to uphold the provisions, standards, and requirements of the Magnuson-Stevens Fishery Conservation and Management Act and other applicable law, and shall conduct myself at all times according to the rules of conduct prescribed by the Secretary of Commerce. This oath is given freely and without mental reservation or purpose of evasion.”

[75 FR 59152, Sept. 27, 2010]
# EUR-Lex - 11985I002 - EN

Avis juridique important

*|*

# 11985I002

**DOCUMENTS CONCERNING THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE EUROPEAN COMMUNITIES, ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES, ARTICLE 2 **

*
Official Journal L 302 , 15/11/1985 P. 0023 *

++++

Article 2

From the date of accession , the provisions of the original Treaties and the acts adopted by the institutions of the Communities before accession shall be binding on the new Member States and shall apply in those States under the conditions laid down in those Treaties and in this Act .
Editorial Note on Part 2
Editorial Note: Nomenclature changes to part 2 appear at 63 FR 54077, Oct. 8, 1998.

§ 2.1202 Exclusions. The provisions of this subpart do not apply to the importation of: ( a ) Unintentional radiators that are exempted from technical standards and other requirements as specified in § 15.103 of this chapter or utilize low level battery power and that do not contain provisions for operation while connected to AC power lines.
( b ) Radio frequency devices manufactured and assembled in the U.S.A. that meet applicable FCC technical standards and that have not been modified or received further assembly.
( c ) Radio frequency devices previously properly imported that have been exported for repair and re-imported for use.
( d ) Subassemblies, parts, or components of radio frequency devices unless they constitute an essentially completed device which requires only the addition of cabinets, knobs, speakers, or similar minor attachments before marketing or use. This exclusion does not apply to computer circuit boards that are actually peripheral devices as defined in § 15.3(r) of this chapter and all devices that, by themselves, are subject to FCC marketing rules.
[82 FR 50830, Nov. 2, 2017]
§ 404.7 Regulated activities. Except as provided in §§ 404.8, 404.9 and 404.10, the following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted within the Monument without a valid permit as provided for in § 404.11: ( a ) Removing, moving, taking, harvesting, possessing, injuring, disturbing, or damaging; or attempting to remove, move, take, harvest, possess, injure, disturb, or damage any living or nonliving Monument resource;
( b ) Drilling into, dredging, or otherwise altering the submerged lands other than by anchoring a vessel; or constructing, placing, or abandoning any structure, material, or other matter on the submerged lands;
( c ) Anchoring a vessel;
( d ) Deserting a vessel aground, at anchor, or adrift;
( e ) Discharging or depositing any material or other matter into Special Preservation Areas or the Midway Atoll Special Management Area except vessel engine cooling water, weather deck runoff, and vessel engine exhaust;
( f ) Discharging or depositing any material or other matter into the Monument, or discharging or depositing any material or other matter outside the Monument that subsequently enters the Monument and injures any resources of the Monument, except fish parts (i.e., chumming material or bait) used in and during authorized fishing operations, or discharges incidental to vessel use such as deck wash, approved marine sanitation device effluent, cooling water, and engine exhaust;
( g ) Touching coral, living or dead;
( h ) Possessing fishing gear except when stowed and not available for immediate use during passage without interruption through the Monument;
( i ) Swimming, snorkeling, or closed or open circuit SCUBA diving within any Special Preservation Area or the Midway Atoll Special Management Area; and
( j ) Attracting any living Monument resource.
[Federal Register Volume 71, Number 164 (Thursday, August 24, 2006)]
[Notices]
[Page 50027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7118]


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DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Resource Advisory Committee, Sundance, WY

AGENCY: Notice of Resource Advisory Committee, Sundance, Wyoming, USDA 
Forest Service, USDA.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the authorities in the Federal Advisory Committee 
Act (Pub. L. 92-463) and under the Secure Rural Schools and Community 
Self-Determination Act of 2000 (Pub. L. 106-393) the Black Hills 
National Forests' Crook County Resource Advisory Committee will meet 
Monday, September 11th, 2006 in Sundance, Wyoming for a business 
meeting. The meeting is open to the public.

SUPPLEMENTARY INFORMATION: The business meeting on September 11 will 
begin at 6:30 p.m., at the USFS Bearlodge Ranger District office, 121 
South 21st Street, Sundance, Wyoming. Agenda topics will include a 
review of previously funded projects and consideration of FY 2007 
project proposals. A public forum will begin at 8 p.m. (MT).

FOR FURTHER INFORMATION CONTACT: Steve Kozel, Bearlodge District Ranger 
and Designated Federal Officer at (307) 283-1361.

    Dated: August 18, 2006.
Steven J. Kozel,
District Ranger, Bearlodge Ranger District.
[FR Doc. 06-7118 Filed 8-23-06; 8:45 am]
BILLING CODE 3410-11-M
#### §§ 217.58-217.59 [Reserved]
The USDA News is published
by the Office of Communications, the U.S. Department of Agriculture. This
employee news publication, which is prepared by, for, and about this
Department's employees, is distributed to USDA's 102,300 federal
employees--full-time, part-time, and temporary--by order of the Secretary of
Agriculture. Mailing address is Rm. 440-A Whitten Bldg., OC, USDA, 1400
Independence Ave., SW, Washington, D.C. 20250-1350.

To update your mailing address or change the quantity of USDA News
copies received in your USDA office, please contact your agency's
mailing/distribution specialist.

---

Ron Hall, Editor [email protected]

George Avalos, Art Director

Cedric Drake, Printing and Distribution Coordinator

Charles Hobbs, Home Page Coordinator [email protected]

---

The USDA News is also available on USDA's Home Page within the
Internet. Use the World Wide Web to access that Home Page version. Simply type
the Home Page address--or Universal Resource Locator (URL)--of the USDA
News, which is
http://www.usda.gov/news/pubs/newslett/cover.htm

USDA prohibits discrimination in all its programs and activities on the
basis of race, color, national origin, gender, religion, age, disability,
political beliefs, sexual orientation, and marital or familial status (Not all
prohibited bases apply to all programs). Persons with disabilities who require
alternative means for communication of program information (Braille, large
print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600
(voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of Civil
Rights, Room 326-W Whitten Building, 1400 Independence Ave. SW, Washington,
D.C. 20250-9410, or call (202) 720-5964 (voice and TDD). USDA is an equal
opportunity provider and employer.

The USDA News is printed on paper containing a minimum of 50 percent
waste paper. The USDA News is recyclable.

---

### Return to:

The USDA NewsCover Page
###### Editorial Note on Part 300

#### Editorial Note:

Nomenclature changes to part 300 appear at 64 FR 44431, Aug. 16, 1999, and at 76 FR 59305, Sept. 26, 2011.

#### § 300.172 Vessel list.

The “vessel list” is the list of U.S. vessels that are authorized to fish under the Treaty as amended in 2002. Only a vessel on the list for at least 7 days may engage in fishing in Canadian waters under the Treaty as amended in 2002. The owner of any U.S. vessel that wishes to be eligible to fish for albacore tuna under the Treaty as amended in 2002 must provide the Regional Administrator or his designee with the vessel name, the owner's name and address, phone number where the owner can be reached, the USCG documentation number (or state registration number if not documented), and vessel operator (if different from the owner) and his or her address and phone number. On the date that NMFS receives a request that includes all the required information, NMFS will place the vessel on the annual vessel list. NMFS will notify fishermen by a confirmation letter or email of the date the vessel was placed on the list. Because the vessel list will revert to zero vessels on December 31 of each year, the required information must be provided in the manner specified on an annual basis.

[72 FR 19123, Apr. 17, 2007]
<PAGE>

                                                                    EXHIBIT 32.1

                      Certification Pursuant to Section 906
                        of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report on Form 10-Q of Luigino's, Inc. (the
"Company") for the period ended July 13, 2003, as filed with the Securities and
Exchange Commission on August 22, 2003 (the "Periodic Report"), I, Ronald O.
Bubar, Chief Executive Officer of the Company, hereby 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 Periodic Report fully complies with the requirements of sections
          13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m
          or 780o(d)); and

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


Date:  August 22, 2003

                                            By   /s/Ronald O. Bubar
                                                 ---------------------------
                                                 Ronald O. Bubar
                                                 Chief Executive Officer
Editorial Note on Part 300
Editorial Note: Nomenclature changes to part 300 appear at 64 FR 44431, Aug. 16, 1999, and at 76 FR 59305, Sept. 26, 2011.

§ 300.127 Facilitation of enforcement. ( a ) The provisions of § 600.730 of this title and paragraph (b) of this section apply to vessels of the United States fishing in treaty waters.
( b ) The operator of, or any other person aboard, any vessel of the United States fishing in treaty waters must immediately comply with instructions and signals issued by an enforcement officer of the Republic of Colombia to stop the vessel and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing record, and catch for purposes of enforcing this subpart.
----

            COUNCIL DECISION         

of 12 July 2005         

on the adjustment of the allowances paid to members and alternates of the European Economic and Social Committee

(2005/554/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the fourth subparagraph of Article 258 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the fourth subparagraph of Article 166 thereof,

Having regard to the request from the European Economic and Social Committee of 4 April 2005,

Whereas:

The amounts of the daily allowances paid to members and alternates of the European Economic and Social Committee, laid down by Council Decision 81/121/EEC (1), should be adapted,

HAS DECIDED AS FOLLOWS:

Article 1

Article 2 of Decision 81/121/EEC shall be replaced by the following:

‘Article 2

1.   The daily allowance per travel day shall be:

2.   The daily allowance per meeting day shall be:

3.   Where the beneficiary furnishes satisfactory proof that he has incurred expenditure on an overnight stay at the place of work, he shall be paid a supplementary daily allowance of EUR 30.’

Article 2

This Decision shall take effect on 12 July 2005.

Done at Brussels, 12 July 2005.

For the Council

The President

G. BROWN            

----

(1)OJ L 67, 12.3.1981, p. 29. Decision as last amended by Decision 2002/985/EC, Euratom (OJ L 343, 18.12.2002, p. 31).

----