alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N. Y. SUPERIOR COURT.

#### The People ex rel. Aaron Adams agt. Franz Sigel, Register, &c.

*Special Term,*

October, 1873.

A resident *acting trustee,*his co-trustee having been absent abroad for a number of years, may receive payment of a mortgage and sign and acknowledge a satisfaction-piece thereof. And a *mandamus*will issue requiring the register to receive and file the satisfaction-piece and discharge the mortgage.

Application for a mandamus.

Van Vorst, J.

Under the peculiar circumstances of this ease it cannot but be that the relator is entitled to have the mortgages satisfied of record.

There is but one acting trustee; the other is and has been absent abroad for many years. The relator was entitled to pay the mortgages, and the resident acting trustee was right in receiving the money. In so doing he was acting under powers incident to the trust.

The facts of the case indicate a concurrence of the absent trustee in the action of the resident trustee. Whether or not he be personally liable for the moneys received by the co-trustee, under the circumstances, is another question and not herein involved.

It is conceded that trustees differ from executors in regard to pains and liabilities. Executors may act severally in the-sale and distribution of property of the estate, and in. receiving and discharging claims. Trustees act jointly—certainly so in all matters which involve judgment and discretion.

*152It may well be urged that the resident and acting trustee could not refuse to receive the money on the mortgages, when due and tendered. If not paid, it may have been his duty to enforce payment when due. '

And, had he refused the money when due and tendered to him, he may have become personally liable, to some extent, to the *cestui que trust.*Under such circumstances, acknowledging receipt for the same would be a ministerial act, and which he could individually perform.

But however that may be, he having received the money and signed a satisfaction-piece of the same, the lien of the mortgages is gone, and they should be discharged.

This decision operates no further than the peculiar facts, conditions and necessities of this case, and is not to be regarded as any relaxation of the rules which apply to the powers or duties of trustees, or of the legal proof required by the register to satisfy mortgages provided for by the statute.

A mandamus should issue directing the register to receive and file the satisfaction-pieces and discharge the mortgages. But no costs should be allowed, as the register was justified in awaiting the order of the court before proceeding to cancel the mortgages.
###### Editorial Note on Part 153

#### Editorial Note:

Nomenclature changes to part 153 appear by CGD-95-072, 60 FR 50465, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

#### § 153.3 Right of appeal.

Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.

[CGD 88-033, 54 FR 50381, Dec. 6, 1989]
#### § 1.03-20 Appeals from decisions or actions of an OCMI.

Any person directly affected by a decision or action of an OCMI may, after requesting reconsideration of the decision or action by the cognizant OCMI, make a formal appeal of that decision or action, via the office of the cognizant OCMI, to the District Commander of the district in which the office of the cognizant OCMI is located, or in the case of the Officer in Charge, Activities Europe, to the Atlantic Area Commander, in accordance with the procedures contained in § 1.03-15 of this subpart.

[USCG-2006-24520, 71 FR 35818, June 22, 2006]
#### § 108.415 Fire pump: General.

A fire main system must have at least two independently driven fire pumps that can each deliver water at a continuous pitot tube pressure of at least 3.5 kilograms per square centimeter (approximately 50 pounds per square inch) at least two fire hose nozzles that are connected to the highest two fire hydrants on the unit. Alternative designs that meet the pressure requirement of this paragraph will be considered for column stabilized and self elevating units.
Editorial Note on Part 154
Editorial Note: Nomenclature changes to part 154 appear part 154 appear by CGD-95-072, 60 FR 50466, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59785, Oct. 1, 2012.

§ 154.36 Correspondence and vessel information: Submission. Correspondence to the Coast Guard and all vessel information submitted to the Coast Guard must be in English, except— ( a ) IMO Certificates may be in French; and
( b ) SOLAS Certificates may be in the official language of the flag administration.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the Public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; Microbicide Innovation Program (MIP II).                    

*Date:*                         April 25-26, 2007.                    

*Time:*                         8 a.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Hilton Washington DC/Rockville, 1750 Rockville Pike, Madison Room, Rockville, MD 20852.                    

*Contact Person:*                         Roberta Binder, PhD, Scientific Review Administrator, Scientific Review Program, Division of Extramural Activities, NIAID/NIH/DHHS, 6700B Rockledge Drive, MSC 7616, Room 3130, Bethesda, MD 20892-7617, 301-496-7966,                         *rbinder@niaid.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: March 28, 2007.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 07-1679 Filed 4-4-07; 8:45 am]

BILLING CODE 4140-01-M
Executive Order 13428

# Renaming a National Forest in the Commonwealth of Puerto Rico

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1 of the Act of June 4, 1897 (16 U.S.C. 473) and section 1 of the Act of July 1, 1902 (48 U.S.C. 746), and to rename the Caribbean National Forest in the Commonwealth of Puerto Rico, it is hereby ordered as follows: 

**Section 1.**                         The Caribbean National Forest in the Commonwealth of Puerto Rico is hereby renamed the “El Yunque National Forest.”                     

**Sec. 2.**                         Previous references to the Caribbean National Forest in Executive Order 7059-A of June 4, 1935, and Executive Order 10992 of February 9, 1962, shall, for all purposes hereafter, be deemed references to the “El Yunque National Forest.”                     

**Sec. 3.**                         This order shall be implemented in accordance with applicable law and subject to the availability of appropriations.                     

**Sec. 4.**                         This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, agencies, entities, officers, employees, or agents thereof, or any other person.                    

[FR Doc. 07-1704

Billing code 3195-01-P
<TABLE> <S> <C>

<ARTICLE>                     5
                                         
<S>                                                                 <C>
<PERIOD-TYPE>                                                      YEAR
<FISCAL-YEAR-END>                                           DEC-31-1998
<PERIOD-START>                                              JAN-01-1998
<PERIOD-END>                                                DEC-31-1998
<CASH>                                                        1,289,481
<SECURITIES>                                                          0
<RECEIVABLES>                                                 1,380,524
<ALLOWANCES>                                                    267,000
<INVENTORY>                                                           0
<CURRENT-ASSETS>                                              2,586,471
<PP&E>                                                        1,041,775
<DEPRECIATION>                                                  202,582
<TOTAL-ASSETS>                                                4,772,951
<CURRENT-LIABILITIES>                                         1,370,185
<BONDS>                                                               0
<PREFERRED-MANDATORY>                                                 0
<PREFERRED>                                                           0
<COMMON>                                                            588
<OTHER-SE>                                                    3,354,241
<TOTAL-LIABILITY-AND-EQUITY>                                  4,772,951
<SALES>                                                       8,035,839
<TOTAL-REVENUES>                                              8,035,839
<CGS>                                                                 0
<TOTAL-COSTS>                                                         0
<OTHER-EXPENSES>                                              9,209,911
<LOSS-PROVISION>                                            (1,174,072)
<INTEREST-EXPENSE>                                             (51,566)
<INCOME-PRETAX>                                              (1,146,802)
<INCOME-TAX>                                                          0
<INCOME-CONTINUING>                                         (1,146,802)
<DISCONTINUED>                                                        0
<EXTRAORDINARY>                                                       0
<CHANGES>                                                             0
<NET-INCOME>                                                (1,146,802)
<EPS-PRIMARY>                                                     (0.25)
<EPS-DILUTED>                                                     (0.25)
        

</TABLE>
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ALICIA ANN WILLIAMS,

 

Plaintiff, Civil Action No. 14-14101

v. District Judge Nancy G. Edmunds

Magistrate Judge R. Steven Whalen

COMMISSIONER OF SOCIAL

SECURITY,

Defendant.

_________________________________/ 

ORDER 

Plaintiff Alicia Ann Williams’ Request for Extension of August 6th Deadline [Doc.

#21] is GRANTED. Plaintiff’s Reply is due by August 31, 2015.

IT IS SO ORDERED.

s/R. Steven Whalen 

R. STEVEN WHALEN

UNITED STATES MAGISTRATE JUDGE

Date: August 11, 2015

I hereby certify that a copy of the foregoing document was served upon the parties

and/or counsel of record on August 11, 2015, by electronic means and/or ordinary mail.

s/H. Monda in the absence of C. Ciesla

Case Manager

2:14-cv-14101-NGE-RSW Doc # 22 Filed 08/11/15 Pg 1 of 1 Pg ID 783
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

Vicki Lock,

Plaintiff,

v. Case No. 14-13223

Bank of America, Honorable Sean F. Cox

Defendant.

______________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION 

Plaintiff filed this action against Defendant Bank of America in state court and Defendant

removed the action to this Court. On September 24, 2014, Defendant filed a Motion to Dismiss,

which was referred to Magistrate Judge Mona Majzoub for issuance of a Report and

Recommendation.

In a Report and Recommendation (“R&R”) issued on March 23, 2015, Magistrate Judge

Majzoub recommends that the Court grant Defendant’s Motion to Dismiss and dismiss this

action in its entirety. 

Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a

matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after

being served with a copy of the R&R. “The district judge to whom the case is assigned shall

make a de novo determination upon the record, or after additional evidence, of any portion of the

magistrate judge’s disposition to which specific written objection has been made.” Id. 

The time for filing objections to the R&R has expired and the docket reflects that neither

1

2:14-cv-13223-SFC-MKM Doc # 14 Filed 04/13/15 Pg 1 of 2 Pg ID 244
party has filed objections to the R&R. The Court hereby ADOPTS the March 23, 2015 R&R. 

IT IS ORDERED that Defendant’s Motion to Dismiss is GRANTED and this action shall

be DISMISSED WITH PREJUDICE. 

IT IS SO ORDERED. 

S/Sean F. Cox 

Sean F. Cox

United States District Judge

Dated: April 13, 2015

I hereby certify that a copy of the foregoing document was served upon counsel of record on

April 13, 2015, by electronic and/or ordinary mail.

S/Jennifer McCoy 

Case Manager

2

2:14-cv-13223-SFC-MKM Doc # 14 Filed 04/13/15 Pg 2 of 2 Pg ID 245
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

CONNIE L. DERSHAM,

Plaintiff,

v.

COMMISSIONER OF SOCIAL SECURITY,

Defendant. /

Case No. 14-13675

Honorable John Corbett O’Meara

ORDER ADOPTING MAGISTRATE JUDGE STAFFORD’S

FEBRUARY 16, 2016 REPORT AND RECOMMENDATION

The court, pursuant to Rule 72(b) of the Federal Rules of Civil Procedure, 28 U.S.C. §

636(b)(1)(B), and LR 72.1(E.D. Mich. March 1, 2010), has reviewed Magistrate Judge Elizabeth

A. Stafford’s February 16, 2016 Report and Recommendation, as well as Defendant’s February 24,

2016 objections filed thereto and plaintiff Dersham’s March 8, 2016 response to those objections.

After conducting a de novo review of the matter, the court hereby ORDERS that Magistrate

Judge Stafford’s February 16, 2016 Report and Recommendation is ADOPTED.

It is further ORDERED that Defendant’s motion for summary judgment is DENIED.

It is further ORDERED that Plaintiff’s motion for summary judgment is GRANTED, and

that this matter is REMANDED for further proceedings pursuant to sentence four of 42 U.S.C. §

405(g).

s/John Corbett O'Meara 

United States District Judge

Date: March 22, 2016

I hereby certify that a copy of the foregoing document was served upon counsel of record on

this date, March 22, 2016, using the ECF system.

s/William Barkholz 

Case Manager

5:14-cv-13675-JCO-EAS Doc # 21 Filed 03/22/16 Pg 1 of 1 Pg ID 789
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JU LY 9, 2019

NO. 03

- 19

- 00015

- CR

Jedediah James Watson, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 340TH DISTRICT COURT OF TOM GREEN COUNTY

BEFORE CHIEF JUSTICE R OSE, JUSTICES KELLY AND SMITH

AFFIRMED

-- OPINION BY JUSTICE KELLY

This is an appeal from the judgment of conviction r en d ered by the trial court. Having reviewed

the r ecord and the parties’ arguments, the Court holds that there was no reversible error in

the judgmen t . Therefore, the Court affirms the trial court’s judgment of conviction

. Because

appellant is i ndigent and unable to pay costs, no adjudication of costs is made.
#### Boyer, appellant, v. Brown.

*Practice—appeal from order setting aside*verdict— *O'ase not containing all the*evidence— *Oosts.*

Where a verdict was set aside in the county court on the ground that it was against the evidence, and the case on appeal did not profess to contain the whole evidence; *held,*that the court could not say that it was not properly granted.

The costs on granting a new trial in such case were in the discretion of the county judge.

Appeal from an order at the Herkimer county court setting aside a verdict as against the evidence. The action was brought in a justice’s court by Hiram Boyer against Boswell D. Brown, to recover for work, labor and services of plaintiff’s team and workmen.

*Link & Dennison,*for appellant.

*Burrows & Palmer,*for respondent.

E. Darwin Smith, J.

*Order affirmed.*
§ 115.900 Applicability. ( a ) Except as otherwise provided in this subpart, a mechanically propelled vessel of the United States, which is certificated for or carries more than 12 passengers on international voyages must be in compliance with the applicable requirements of the International Convention for Safety of Life at Sea, 1974, as Amended (SOLAS), to which the United States Government is currently a party.
( b ) SOLAS does not apply to a vessel solely navigating the Great Lakes and the St. Lawrence River as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd Meridian.
[CGD 85-080, 61 FR 892, Jan. 10, 1996, as amended by USCG-2007-0030, 75 FR 78082, Dec. 14, 2010]
#### § 138.115 Compliance.

Owners or managing operators selecting the TSMS option must obtain a TSMS certificate issued under § 138.305 at least 6 months before obtaining a Certificate of Inspection (COI) for any of their vessels covered by the TSMS certificate.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DARLANA OTIS,

Plaintiff,

Case No. 2:14-cv-13778- SFC-MKM

-vs.- Hon. Sean F. Cox

LTD FINANCIAL SERVICES, LIMITED PARTNERSHIP, 

A Foreign Limited Partnership,

Defendants.

__________________________________________________________________

NOTICE OF SETTLEMENT WITH DEFENDANT 

LTD FINANCIAL SERVICES, LIMITED PARTNERSHIP

Plaintiff and Defendant, LTD Financial Services, Limited Partnership, have 

agreed to settle this lawsuit and intend to file a Stipulation of Dismissal as to LTD 

Financial Services, Limited Partnership, with prejudice, no later than October 9, 

2015.

Respectfully submitted,

/s/ Gary Nitzkin

GARY D. NITZKIN (P41155)

Michigan Consumer Credit Lawyers

 Attorney for Plaintiff

 22142 West Nine Mile Road

 Southfield, MI 48033

 (248) 353-2882 

gary@micreditlawyer.com

September 11, 2015.

2:14-cv-13778-SFC-MKM Doc # 24 Filed 09/15/15 Pg 1 of 2 Pg ID 218
PROOF OF SERVICE

I, Amber Gingiloski, hereby state that on ____________________, I served 

a copy of the within pleading upon all counsel of record via the ECF System. 

________________________

2:14-cv-13778-SFC-MKM Doc # 24 Filed 09/15/15 Pg 2 of 2 Pg ID 219
#### Charles Davis, *as Administrator, etc., of*William Davis, *Deceased, Appellant, v.*The Mayor, Aldermen and Commonalty of the City of New York, *Respondents*.

Order reversed, an<d judgment directed for plaintiff on verdict. Opinions by

Brady and Daniels, JJ.
1 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

MICHAEL LONG, 

Plaintiff, 

v. 

FRANK FINCH, 

Defendant. 

Case No. 14-13269 

SENIOR UNITED STATES DISTRICT 

JUDGE ARTHUR J. TARNOW

MAGISTRATE JUDGE PATRICIA T.

MORRIS

 / 

ORDER ADOPTING REPORT AND RECOMMENDATION [12]; DENYING PLAINTIFF’S 

MOTIONS FOR DEFAULT JUDGMENT [6, 8]; AND GRANTING PLAINTIFF 30 DAYS 

TO FILE AMENDED COMPLAINT

 Plaintiff filed a Motion for Default Judgment [6] on January 21, 2015. 

Defendant filed a Response [7] on January 28, 2015. The same day, Plaintiff filed 

an Amended Motion for Default Judgment [8]. Defendant filed a Response [9] to 

the amended motion on February 4, 2015. Plaintiff filed a Reply [11] on February 

23, 2015. On February 27, 2015, the Magistrate Judge filed a Report and 

Recommendation [12] recommending that the Court deny Plaintiff’s motions for 

default judgment and grant Plaintiff thirty days to file an amended complaint, after 

which he must serve the amended complaint in compliance with Federal Rule of 

2:14-cv-13269-AJT-PTM Doc # 13 Filed 04/13/15 Pg 1 of 2 Pg ID 120
2 

Civil Procedure 4. No party filed any objection to the Report and 

Recommendation. 

 Having reviewed the record, the Court hereby ADOPTS the Report and 

Recommendation [12] and enters it as the findings and conclusions of the Court. 

IT IS ORDERED that Plaintiff’s Motion for Default Judgment [6] and 

Amended Motion for Default Judgment [8] are DENIED. 

IT IS FURTHER ORDERED that Plaintiff may file an amended complaint 

within 30 days after receiving a copy of this Order. Plaintiff is advised to properly 

serve the amended complaint under Federal Rule of Civil Procedure 4. 

SO ORDERED. 

s/Arthur J. Tarnow 

 Arthur J. Tarnow 

Dated: April 13, 2015 Senior United States District Judge 

2:14-cv-13269-AJT-PTM Doc # 13 Filed 04/13/15 Pg 2 of 2 Pg ID 121
###### Editorial Note on Part 153

#### Editorial Note:

Nomenclature changes to part 153 appear by CGD-95-072, 60 FR 50465, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

#### § 153.362 Venting system drain.

Unless a cargo vent system at every point is level or slopes back to the cargo tank under all conditions of heel and trim allowed under § 153.806, the cargo vent system must have a drain valve at each low point (trap) in the vent line.