alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
USDANEWS                                                           VOLUME 58 NO. 6 — JULY-AUGUST 1999
# EUR-Lex - 12006E305 - EN

Important legal notice

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# 12006E305

**Treaty establishing the European Community (consolidated version) - Part Six - General and final provisions - Article 305 **

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Official Journal C 321 E , 29/12/2006 P. 0178 - 0178 Official Journal C 325 , 24/12/2002 P. 0152 - Consolidated version Official Journal C 340 , 10/11/1997 P. 0300 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0078 - Consolidated version (EEC Treaty - no official publication available) *

Article 305

1. The provisions of this Treaty shall not affect the provisions of the Treaty establishing the European Coal and Steel Community, in particular as regards the rights and obligations of Member States, the powers of the institutions of that Community and the rules laid down by that Treaty for the functioning of the common market in coal and steel.

2. The provisions of this Treaty shall not derogate from those of the Treaty establishing the European Atomic Energy Community.

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# EUR-Lex - 12002E250 - EN

Avis juridique important

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# 12002E250

**Treaty establishing the European Community (Nice consolidated version) - Part Five: Institutions of the Community - Title I: Provisions governing the institutions - Chapter 2: Provisions common to several institutions - Article 250 - Article 189a - EC Treaty (Maastricht consolidated version) - **

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Official Journal C 325 , 24/12/2002 P. 0132 - 0132 Official Journal C 340 , 10/11/1997 P. 0279 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0065 - Consolidated version *

Treaty establishing the European Community (Nice consolidated version)

Part Five: Institutions of the Community

Title I: Provisions governing the institutions

Chapter 2: Provisions common to several institutions

Article 250

Article 189a - EC Treaty (Maastricht consolidated version)

Article 250

1. Where, in pursuance of this Treaty, the Council acts on a proposal from the Commission, unanimity shall be required for an act constituting an amendment to that proposal, subject to Article 251(4) and (5).

2. As long as the Council has not acted, the Commission may alter its proposal at any time during the procedures leading to the adoption of a Community act.
<PAGE>
                                                                    Exhibit 99.1

                             CERTIFICATE 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 The Yankee Candle Company, Inc.
      (the "Company") on Form 10-Q for the period ending June 29, 2002, as filed
      with the Securities and Exchange Commission on the date hereof (the
      "Report"), I, Craig W. Rydin, Chief Executive 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:

            (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/ CRAIG W. RYDIN
----------------------------
Craig W. Rydin
Chief Executive Officer
August 13, 2002
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-17-00017-CV

Baskerville O. Weaver, Appellant

v.

Deborah Eklund White, Appellee

FROM THE 22ND DISTRICT COURT OF HAYS COUNTY 

NO. 14-2285, THE HONORABLE WILLIAM R. HENRY, JUDGE PRESIDING

O R D E R

PER CURIAM

Appellant’s brief on appeal was originally due on October 19, 2017. On 

November 2, 2017, this Court sent a notice to appellant informing him that his brief was overdue 

and that a failure to file a satisfactory response by November 13, 2017, would result in the 

dismissal of this appeal for want of prosecution. On November 13, 2017, appellant, acting pro 

se, filed a first motion for extension of time, requesting that the Court extend the time for filing 

appellant’s brief until January 29, 2018, a date 102 days past his original due date. We grant in 

part the motion for extension of time and order appellant to file a brief no later than

December 6, 2017. No further extension of time will be granted and failure to comply with this 

order may result in dismissal of this appeal. See Tex. R. App. P. 38.8(a).

It is ordered on November 16, 2017.

Before Justices Puryear, Field, and Bourland
§ 1235.30 How may records in the National Archives of the United States be used? ( a ) NARA will enforce restrictions that are consistent with FOIA (5 U.S.C. 552(b) as amended) for both official use of the records by Federal agencies and research by the public.
( b ) NARA regulations in Subchapter C of this chapter apply to Federal agency personnel using transferred records for official Government purposes, and to the public at large.
# EUR-Lex - 12006E210 - EN

Important legal notice

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# 12006E210

**Treaty establishing the European Community (consolidated version) - Part Five - Institutions of the Community - TITLE I - Provisions governing the institutions - Chapter 1 - The institutions - Section 2 - The Council - Article 210 **

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Official Journal C 321 E , 29/12/2006 P. 0138 - 0138 Official Journal C 325 , 24/12/2002 P. 0119 - Consolidated version Official Journal C 340 , 10/11/1997 P. 0266 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0058 - Consolidated version (EEC Treaty - no official publication available) *

Article 210

The Council shall, acting by a qualified majority, determine the salaries, allowances and pensions of the President and Members of the Commission, and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the Members and Registrar of the Court of First Instance. It shall also, again by a qualified majority, determine any payment to be made instead of remuneration.

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# EUR-Lex - 12004V145 - EN

Important legal notice

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# 12004V145

**Treaty establishing a Constitution for Europe - PART III — THE POLICIES AND FUNCTIONING OF THE UNION - TITLE III — INTERNAL POLICIES AND ACTION - CHAPTER I — INTERNAL MARKET - Section 2 — Free movement of persons and services - Subsection 3 — Freedom to provide services - Article III-145 **

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Official Journal 310 , 16/12/2004 P. 0063 - 0063 *

Article III-145

Services shall be considered to be "services" for the purposes of the Constitution where they are normally provided for remuneration, insofar as they are not governed by the provisions relating to freedom of movement for persons, goods and capital.

"Services" shall in particular include:

(a) activities of an industrial character;

(b) activities of a commercial character;

(c) activities of craftsmen;

(d) activities of the professions.

Without prejudice to Subsection 2 relating to freedom of establishment, the person providing a service may, in order to do so, temporarily pursue his or her activity in the Member State where the service is provided, under the same conditions as are imposed by that State on its own nationals.

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Case 16-27258 Doc 14 Filed 08/26/16 Entered 08/29/16 10:02:19 Desc Main

 Document Page 1 of 1
#### § 1233.1 What are the authorities for part 1233?

The statutory authorities for this part are 44 U.S.C. 2907 and 3103.
SUPREME COURT.

#### Charles E. Bleecker and others agt. James G. Smith.

An affidavit to change the venue, is sufficient, where it states that the witnesses reside in the county. It is unecessary to specify the city, town or village.

*Albany May Circuit,*1869.

Hogeboom, *Justice.*

Motion by defendant to change the venue to Cortland County.

The affidavit of defendant stated “ that Frank M. Benjamin ” and others *“*all of the county Cortland ” were material witnesses for him. This was the only specification of the residence of the witnesses. It contained the other usual statements.

Edward J. Meegan, *Counsel for plaintiffs*

Claims that the affidavit was defective as it failed to specify the city or town or village in which each witness resided. That the general statement of the county was not enough, and cited *Westbrook*agt. *Merritt,*(1 *How., Pr. R.,*195); *Cook*agt. *Finch (2 id.*89); and *Van Auken*agt. *Stewart (2 id.*181):

Frank M. Benjamin, *for defendant.*

Hogeboom, J., said:

I think where the affidavit specifies the county in which the witnesses reside, it complies with the requirements of the law.

I do not regard it as necessaiy to specify the city, village or town. I shall therefore overrule the objection to the affidavits and hear the motion.

Motion heard on the merits and a reference ordered.
§ 600.1605 Definitions and word usage. ( a ) *Definitions.* In addition to the definitions in the Magnuson-Stevens Act and § 600.10, *standardized reporting methodology* means an established, consistent procedure or procedures used to collect, record, and report bycatch data in a fishery, which may vary from one fishery to another. Bycatch assessment is not part of the standardized reporting methodology, but must be considered as described in § 600.1610(a)(2)(iv).
( b ) *Word usage.* The terms “bycatch” and “fishery” are used in the same manner as in 16 U.S.C. 1802. The terms “must”, “should”, “may”, “will”, “could”, and “can” are used in the same manner as in § 600.305(c). The term “Council” is used in the same manner as in § 600.305(d)(10), and includes the regional fishery management Councils and the Secretary of Commerce, as appropriate (16 U.S.C. 1854(c) and (g)).
#### § 1206.56 When are applications due?

The Commission generally meets twice a year, and considers grant proposals submitted by the deadlines set by the Commission. The deadlines are published in each grant opportunity announcement and at *http://www.grants.gov.* All proposals must be submitted by the published deadline.

[75 FR 66318, Oct. 28, 2010]
§ 12.9 Commemorative monuments. ( a ) *Application.* ( 1 ) A person requesting authorization to erect a commemorative monument shall submit such a request to the Director. The Director's approval should be obtained prior to fabrication of the commemorative marker since approval for installation is conditioned upon compliance with other specifications found in this section and all applicable provisions of this part.
( 2 ) An applicant for authorization to erect a commemorative monument shall include the following information in the application: ( i ) A list of the persons to be memorialized and the other data desired to be inscribed on the commemorative monument; and
( ii ) A scale plan depicting the details of the design, materials, finish, carving, lettering and the arrangement of the inscription proposed for the commemorative monument.
( b ) *Specifications.* ( 1 ) The Director may only authorize a commemorative monument that conforms to the type, size, materials, design, and specifications prescribed for the historic design of the individual cemetery section in which it is proposed for installation.
( 2 ) The Director may not approve a commemorative monument that bears an inscription that includes the name of the person(s) responsible for its purchase or installation.
( c ) *Expense.* A commemorative monument approved by the Director may be installed only under the conditions that there be no expense or liability incurred by the National Park Service in connection with its purchase, fabrication, transportation, delivery and erection.
( d ) Title to a commemorative monument vests in the National Park Service upon its acceptance by an official representative of the Director.
# EUR-Lex - 12006E195 - EN

Important legal notice

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# 12006E195

**Treaty establishing the European Community (consolidated version) - Part Five - Institutions of the Community - TITLE I - Provisions governing the institutions - Chapter 1 - The institutions - Section 1 - The European Parliament - Article 195 **

*
Official Journal C 321 E , 29/12/2006 P. 0133 - 0134 Official Journal C 325 , 24/12/2002 P. 0115 - Consolidated version Official Journal C 340 , 10/11/1997 P. 0262 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0056 - Consolidated version *

Article 195

1. The European Parliament shall appoint an Ombudsman empowered to receive complaints from any citizen of the Union or any natural or legal person residing or having its registered office in a Member State concerning instances of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role.

In accordance with his duties, the Ombudsman shall conduct inquiries for which he finds grounds, either on his own initiative or on the basis of complaints submitted to him direct or through a Member of the European Parliament, except where the alleged facts are or have been the subject of legal proceedings. Where the Ombudsman establishes an instance of maladministration, he shall refer the matter to the institution concerned, which shall have a period of three months in which to inform him of its views. The Ombudsman shall then forward a report to the European Parliament and the institution concerned. The person lodging the complaint shall be informed of the outcome of such inquiries.

The Ombudsman shall submit an annual report to the European Parliament on the outcome of his inquiries.

2. The Ombudsman shall be appointed after each election of the European Parliament for the duration of its term of office. The Ombudsman shall be eligible for reappointment.

The Ombudsman may be dismissed by the Court of Justice at the request of the European Parliament if he no longer fulfils the conditions required for the performance of his duties or if he is guilty of serious misconduct.

3. The Ombudsman shall be completely independent in the performance of his duties. In the performance of those duties he shall neither seek nor take instructions from any body. The Ombudsman may not, during his term of office, engage in any other occupation, whether gainful or not.

4. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting by a qualified majority, lay down the regulations and general conditions governing the performance of the Ombudsman's duties.

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# EUR-Lex - 12004V448 - EN

Important legal notice

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# 12004V448

**Treaty establishing a Constitution for Europe - PART IV — GENERAL AND FINAL PROVISIONS - Article IV-448 **

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Official Journal 310 , 16/12/2004 P. 0191 - 0191 *

Article IV-448

Authentic texts and translations

1. This Treaty, drawn up in a single original in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, the texts in each of these languages being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which will transmit a certified copy to each of the governments of the other signatory States.

2. This Treaty may also be translated into any other languages as determined by Member States among those which, in accordance with their constitutional order, enjoy official status in all or part of their territory. A certified copy of such translations shall be provided by the Member States concerned to be deposited in the archives of the Council.

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§ 13.162 Permit issuance. ( a ) In making a decision on a permit application, the Superintendent shall consider whether the use by local rural residents of a cabin or other structure for subsistence purposes is customary and traditional in that park area and shall determine whether the use and occupancy of a new or existing cabin or structure is “necessary to reasonably accommodate” the applicant's subsistence uses. In making this determination, the Superintendent shall examine the applicant's particular circumstances, including but not limited to his or her past patterns of subsistence uses and his or her future subsistence use plans, reasonable subsistence use alternatives, the specific nature of the subsistence uses to be accommodated by the cabin or structure, the impacts of the cabin or structure on other local rural residents who depend on subsistence uses and the impacts of the proposed structure and activities on the values and purposes for which the park area was established.
( b ) The Superintendent may permit the construction of a new cabin or other new structure for subsistence purposes only if a tent or other temporary facility would not adequately and reasonably accommodate the applicant's subsistence uses without significant hardship and the use of no other type of cabin or other structure provided for in this subpart can adequately and reasonably accommodate the applicant's subsistence uses with a lesser impact on the values and purposes for which the park area was established.
§ 1256.70 What controls access to national security-classified information? ( a ) The declassification of and public access to national security-classified information, hereinafter referred to as “classified information” is governed by Executive Order 12958 of April 17, 1995 (3 CFR, 1995 Comp., p. 333) and as amended by Executive Order 13292 of March 25, 2003 (68 FR 15315, 3 CFR, 2003 Comp. 196), 32 CFR part 2001, and the Freedom of Information Act (5 U.S.C. 552, as amended).
( b ) Public access to documents declassified in accordance with this regulation may be restricted or denied for other reasons under the provisions of 5 U.S.C. 552(b) for accessioned agency records; §§ 1256.30 through 1256.36 of this part for donated historical materials; 44 U.S.C. 2111, 44 U.S.C. 2201 *et seq.,* and 36 CFR part 1270 for Presidential records; and 44 U.S.C. 2111 note and 36 CFR part 1275 for Nixon Presidential materials.
#### Sam Ohannasian *vs.*Errole Collier. John Ohannasian, *p. a. vs.*Same.

JUNE 1, 1943.

Present : Flynn, C. J., Moss, Capotosto, Baker and Condon, JJ.

Per Curiam.

One of these two actions of trespass, which were tried together to a jury in the superior court, is brought by John Ohannasian, a minor, for physical injuries allegedly caused by an assault upon him by the- defendant on September 16, 1935; and the other action is brought by his father, Sam Ohannasian, for damages allegedly suffered by him because of such assault. The jury returned a verdict for the defendant in each case. The cases are before us solely on the exception of the respective plaintiffs to the denial of their motions for a new trial.

The evidence for the plaintiffs was that while John, who was thirteen years old at the time of the alleged assault, was standing on a wooden fence in the defendant’s yard, watching a nearby rubbish fire, the defendant pushed him off the fence, causing him to fall and to suffer the injuries of which he complains. The defendant in his testimony contradicted this evidence and testified that while he was talking to a police lieutenant and another officer who were investigating the cause of the fire, he noticed some boys on his fence, including the minor plaintiff; that, as the fence *205was “shaky”, he called the attention of the officers to the boys, whereupon the lieutenant ordered them to “scram”, apparently meaning to get off the fence, and that they did get off; that when this order was given he, the defendant, was some 18 or 20 feet away from the fence; that he did not go near the minor plaintiff and that,he did not know how the latter was injured. His testimony that he did not touch the boy and as to what the lieutenant said to the boys was corroborated by the testimony of the officers.

*John G. Murphy,*for plaintiffs.

*E. Raymond Walsh,*for defendant.

In view of such sharply conflicting evidence, the credibility of the parties and their witnesses was of vital importance in determining the issue of defendant's liability. Both the jury and the trial justice had the opportunity, which we do not have, of observing them while testifying, and both determined the fundamental issue in these cases in favor of the defendant. It is well established with us that in such circumstances the decision of the trial justice on a motion for a new trial will not be disturbed unless clearly wrong. We find no reason to disturb the decision of the trial justice on such motion by each of the plaintiffs in the instant cases..

The plaintiff's exception in each case is overruled, and each case is remitted to the superior court for the entry of judgment on the verdict.
# EUR-Lex - 12006E079 - EN

Important legal notice

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# 12006E079

**Treaty establishing the European Community (consolidated version) - Part Three - Community policies - TITLE V - Transport - Article 79 **

*
Official Journal C 321 E , 29/12/2006 P. 0073 - 0073 Official Journal C 325 , 24/12/2002 P. 0063 - Consolidated version Official Journal C 340 , 10/11/1997 P. 0207 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0028 - Consolidated version (EEC Treaty - no official publication available) *

Article 79

An Advisory Committee consisting of experts designated by the governments of Member States shall be attached to the Commission. The Commission, whenever it considers it desirable, shall consult the Committee on transport matters without prejudice to the powers of the Economic and Social Committee.

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# EUR-Lex - 12007P027 - EN

Important legal notice

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# 12007P027

**Charter of Fundamental Rights of the European Union - TITLE IV - SOLIDARITY - Article 27 - Workers' right to information and consultation within the undertaking **

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Official Journal 303 , 14/12/2007 P. 0008 - 0008 *

Article 27

Workers' right to information and consultation within the undertaking

Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Union law and national laws and practices.

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