alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### COMMISSIONERS OF BEAUFORT v. F. J. SATCHWELL and others.

*Appeal.*

The court will not entertain appeals brought up in a fragmentary manner.

*(Hines*v. *Hines,*84 N. C., 122, cited and approved).

Civil ActioN tried at Fall Term, 1882, of Beaufort Superior Court, before *Gilliam, J.*

Defendants appealed.

No counsel for plaintiffs.

*Mr. Geo. H. Brown, Jr.,*for defendants.

Ashe, J.

This purports to be a civil action brought against the defendant and the sureties on his official bond (as sheriff) for a breach thereof, in not paying over to the county treasurer certain taxes alleged to have been collected by him.

It is an anomalous case. The original transcript sent to this *2court contains nothing but two summonses and a case agreed, and for aught that appears there never was any service of the summons upon any of the numerous parties; nor was any acknowledged by them; nor that the summonses were ever even in the hands of the sheriff; and a second transcript, intended to supply the deficiencies of the first, contains only the complaint and an order of reference. There is no answer, no appearance of the defendants, nor any report of the referee.

In the case agreed, His Honor, who heard the case, states: “This is a civil action brought by plaintiff upon the official bond of F. J. Satchwell, late sheriff of Beaufort county, for the balance of taxes due and unpaid by him for the year 1878. *The other issues and controversies arising in the matter are probably arranged except this.”*There are then other issues and controversies involved in the case, and this one is elicited from the others and made the subject of the appeal; in other words, a part of the ease is brought by the appeal to this court, while another part remains below.

This court has emphatically announced that it will not entertain appeals brought up in this fragmentary mann.er. *Hines*v. *Hines,*84 N. C., 122. In that case the court took occasion to say, and the remarks apply as well to this case:

“The parties should have gone on regularly to trial of the case upon all the issues raised by the pleadings, according to the regular practice of the court, and if the court should have erred in its judgment or any of its rulings, then to have brought the whole case before this court by appeal, that its decision upon the questions of law involved and controverted might be finally adjudicated.”

Aside from this objection, the record transmitted to this court is too imperfect. If such a proceeding should receive the sanction of the court, all parties would have to do, would be simply to state their names in adverse position upon the record—A. B. *v.*C. D.—then file with the clerk of the court a statement of the facts agreed upon, and demand judgment. To support such a *3proceeding would be giving sanction to a looseness in practice that would do violence even to the liberal spirit of the Code.

This appeal cannot be entertained. It must be dismissed.

Per Curiam. Appeal dismissed.
#### Will of Garfield: Steinke, Executor, Appellant, vs. Maltbey, Respondent.

For the appellant: *Winter & Volz*of Shawano.

For the respondent: *Jack J. Schumacher*of Shawano.

*By the Court.*

Judgment affirmed.
#### STATE v. THADDEUS DAVIS.

*Indictment*— Burglary-- *Variance.*

"Where in an indictment for burglary charging the defendant with breaking and entering the dwelling house of A & B, partners, it appeared in evidence that one furnished the capital and the other the house and labor in pursuance of a partnership agreement; *Held,*that the ownership and occupation of the house were in both the partners and that it was properly described as their dwelling house.

INDICTMENT for Burglary tried at Spring Term, 1877, of Eorsythe Superior Court, before *Kerr, J.*

The defendant insisted that there was a variance betweeh -the allegation and the proof. The facts stated by Mr. Justice Rodman are sufficient to an understanding of the opinion. Verdict of guilty. Judgment. Appeal by defendant.

*Attorney General*and *Messrs. Watson*Glenn, for the State.

*Messrs. J. C. Buxton*and *J. M.*McCorkle, for the defendant!

Rodman, J.

The defendant excepts:

*4911. That whereas the indictment' charges that he broke and entered the dwelling house of Welfare & Yeates, the evidence was that the house "was the property of Welfare alone.

It appears, however, that the house was occupied by Welfare and Yeates who were partners in the jewelry business. Yeates furnished the money capital to buy the stock of goods, and Welfare furnished the use of the. house and his personal labor. The profits were to be divided between them. Butner, who was an apprentice of Welfare to learn the jewelry business and a member of his family, was also a clerk to the partnership and slept in the house.

We think upon this evidence that both the ownership and occupation of the house were in both the partners at the time of the breaking, and that it was properly described as their dwelling house. A house is properly described as the dwelling of a tenant who occupies it. And in this case, although Welfare had not let the house to the firm for any definite time, yet he had for an indefinite time, and the firm was in the actual occupation of it according to the partnership agreement. It could not have been described as the dwelling house of Welfare alone, because his *sole*ownership was only of the reversion. It could not be described as the dwelling house of Butner, for he was a mere servant of the firm, and his occupation was that of the firm. It does not follow that this house was not the dwelling house of W el-fare and Yeates, because each of them had another dwelling house in which he slept. A man may have several dwelling houses, one of which he occupies at one season, and the other at another; or one of which he occupies in person, and another by his servants.

2. There was evidence that the goods stolen were the property of the partners.

3. There was also' evidence from which the jury might *492reasonably find as they did that the house was entered in the night time.

In our opinion there is no error in the record and the judgment is affirmed. Let this opinion be certified to the end, &c.

Per Curiam. Judgment affirmed.
II

106TH CONGRESS

1ST SESSION S. 713

To amend the Internal Revenue Code of 1986 to provide a charitable deduction for certain expenses incurred in support of Native Alaskan subsistence whaling.

IN THE SENATE OF THE UNITED STATES

MARCH 25, 1999

Mr. MURKOWSKI (for himself and Mr. STEVENS) introduced the following bill;

which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to provide

a charitable deduction for certain expenses incurred in

support of Native Alaskan subsistence whaling.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Native Alaskan Sub5 sistence Whaling Act of 1999’’.
2

•S 713 IS

1 SEC. 2. CHARITABLE CONTRIBUTION DEDUCTION FOR CER2 TAIN EXPENSES INCURRED IN SUPPORT OF

3 NATIVE ALASKAN SUBSISTENCE WHALING.

4 (a) IN GENERAL.—Section 170 of the Internal Rev5 enue Code of 1986 (relating to charitable, etc., contribu6 tions and gifts) is amended by redesignating subsection

7 (m) as subsection (n) and by inserting after subsection

8 (l) the following new subsection:

9 ‘‘(m) EXPENSES PAID BY CERTAIN WHALING CAP10 TAINS IN SUPPORT OF NATIVE ALASKAN SUBSISTENCE

11 WHALING.—

12 ‘‘(1) IN GENERAL.—In the case of an individual

13 who is recognized by the Alaska Eskimo Whaling

14 Commission as a whaling captain charged with the

15 responsibility of maintaining and carrying out sanc16 tioned whaling activities and who engages in such

17 activities during the taxable year, the amount de18 scribed in paragraph (2) (to the extent such amount

19 does not exceed $7,500 for the taxable year) shall be

20 treated for purposes of this section as a charitable

21 contribution.

22 ‘‘(2) AMOUNT DESCRIBED.—

23 ‘‘(A) IN GENERAL.—The amount described

24 in this paragraph is the aggregate of the rea25 sonable and necessary whaling expenses paid by
3

•S 713 IS

1 the taxpayer during the taxable year in carrying

2 out sanctioned whaling activities.

3 ‘‘(B) WHALING EXPENSES.—For purposes

4 of subparagraph (A), the term ‘whaling ex5 penses’ includes expenses for—

6 ‘‘(i) the acquisition and maintenance

7 of whaling boats, weapons, and gear used

8 in sanctioned whaling activities,

9 ‘‘(ii) the supplying of food for the

10 crew and other provisions for carrying out

11 such activities, and

12 ‘‘(iii) storage and distribution of the

13 catch from such activities.

14 ‘‘(3) SANCTIONED WHALING ACTIVITIES.—For

15 purposes of this subsection, the term ‘sanctioned

16 whaling activities’ means subsistence bowhead whale

17 hunting activities conducted pursuant to the man18 agement plan of the Alaska Eskimo Whaling Com19 mission.’’

20 (b) EFFECTIVE DATE.—The amendments made by

21 subsection (a) shall apply to taxable years beginning after

22 December 31, 1998.

Æ
```

[Congressional Record Volume 154, Number 159 (Wednesday, October 1, 2008)]
[Senate]
[Page S10396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

          STEPHANIE TUBBS JONES GIFT OF LIFE MEDAL ACT OF 2008

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of H.R. 7198 which was received 
from the House.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 7198) to establish the Stephanie Tubbs Jones 
     Gift of Life Medal for organ donors and the family of organ 
     donors.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the bill be 
read three times and passed, the motions to reconsider be laid upon the 
table with no intervening action or debate, and that any statements 
related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 7198) was ordered to a third reading, read the third 
time, and passed.

                          ____________________
```
**EXHIBIT 31.2**
**CERTIFICATION OF**
**RONALD L. RUBIN, CHIEF FINANCIAL OFFICER**
I, Ronald L. Rubin, certify that:
1. I have reviewed this annual report on Form 10-K of Capital EnvironmentalResource Inc.;
2. Based on my knowledge, this annual report does not contain any untruestatement of a material fact or omit to state a material fact necessary tomake the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered bythis annual report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this annualreport;
4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15(d)-15(e)) for theregistrant and have:
 (a) designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during theperiod in which this report is being prepared;
 (b) evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on suchevaluation; and
 (c) disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s fourth quarter that has materially affected,or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal controls over financial reporting,to the registrant’s auditors and the audit committee of registrant’s boardof directors (or persons performing the equivalent functions):
 (a) all significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and
 (b) any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’sinternal control over financial reporting.
     Date:June 8, 2004      By:  /s/ Ronald L. Rubin         Name: Ronald L. Rubin   Title: Chief Financial Officer
No. 144—2258.

#### The Curran Mutual Aid and Building Association v. Christopher Murphy.

This was an action of assumpsit by appellee against appellant to recover by the former, as a stockholder in the appellant corporation, what had been paid in upon thirty shares of stock, upon a withdrawal from the association upon notice given in pursuance of its by-laws. The case was, upon agreement of the parties, tried by the court without a jury, resulting in a finding and judgment for plaintiff in the sum of §535.20, and defendant prosecutes this appeal. The evidence tended to prove all the necessary elements of the cause of action, and perceiving no substantial error, the judgment is affirmed.

Judge below, Richard Prendergast.

Attorneys, *644for appellant, Mr. A. B. Baldwin and Mr. J. B. Ryan ;

*643Opinion Per Curiam.

*644for appellee, Mr. Julius Goldziee.

Opinion filed Feb. 17, 1886.
EXHIBIT 12.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
       OF OCEAN RIG ASA PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT


I, Kai Solberg-Hansen, certify that:

     1. I have reviewed this annual report on Form 20-F of Ocean Rig ASA;

     2. Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by this report;

     3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the Company as of,
and for, the periods presented in this annual report;

     4. The Company's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the Company and have:

a)   designed such disclosure controls and procedures, or caused such disclosure
     controls and procedures to be designed under our supervision, to ensure
     that material information relating to the Company, including its
     consolidated subsidiaries, is made known to us by others within those
     entities, particularly during the period in which this annual report is
     being prepared;

b)   evaluated the effectiveness of the Company's disclosure controls and
     procedures and presented in this report our conclusions about the
     effectiveness of the disclosure controls and procedures, as of the end of
     the period covered by this report based on such evaluation; and

c)   disclosed in this report any change in the Company's internal control over
     financial reporting that occurred during the period covered by the annual
     report that has materially affected, or is reasonably likely to materially
     affect, the Company's internal control over financial reporting; and

     5. The company's other certifying officer and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
Company's auditors and the audit committee of the Company's board of directors
(or persons performing the equivalent functions):

        (a) All significant deficiencies and material weaknesses in the design
        or operation of internal control over financial reporting which are
        reasonably likely to adversely affect the Company's ability to record,
        process, summarize and report financial information; and

        (b) Any fraud, whether or not material, that involves management or
        other employees who have a significant role in the Company's internal
        control over financial reporting.


Date: June 30, 2004



/s/ Kai Solberg-Hansen
-------------------------------
Kai Solberg-Hansen
CEO

                                      113
##### 



Exhibit 32.2 CERTIFICATION 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 annual report of Electric City Corp. (the
Company) on Form 10-KSB for the period ended December 31, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Jeffrey R. Mistarz, Chief Financial Officer of the Company, certify, pursuant
to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:  3.
    
    The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and4.
    
    The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of
the Company. Date: March 29, 2004 /s/ Jeffrey R. Mistarz  
 A signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Electric City
Corp. and will be retained by Electric City Corp. and furnished to the
Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          15,715
<SECURITIES>                                         0
<RECEIVABLES>                                  107,954
<ALLOWANCES>                                    16,953
<INVENTORY>                                          0
<CURRENT-ASSETS>                               126,355
<PP&E>                                         367,051
<DEPRECIATION>                                 182,450
<TOTAL-ASSETS>                                 798,055
<CURRENT-LIABILITIES>                        1,397,972
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    14,824,226
<OTHER-SE>                                     583,465
<TOTAL-LIABILITY-AND-EQUITY>                   798,055
<SALES>                                        182,093
<TOTAL-REVENUES>                               182,093
<CGS>                                          113,923
<TOTAL-COSTS>                                  113,923
<OTHER-EXPENSES>                               595,225
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              32,465
<INCOME-PRETAX>                              (559,336)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (559,336)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (559,336)
<EPS-BASIC>                                     (0.04)
<EPS-DILUTED>                                   (0.04)


</TABLE>
p. 1 

# OAR Box 

# 1796 Prepped by Keeia Richards



## Document

Number: 

# 30 ) IV-H-5 5 Docket Number: 

# A-90-3 7

Printed 10/31/2008 4:20:37

PM Sheet 30 of 107

### P. 2 A-90-3 7 Lyn n Hutchinso n 11/21/0 2 11:1 0 A

M To : "Hill , Davi d R . (GC) " <David.R.Hill@hq.doe.gov> cc : Subject : Re : FW : LATES

Tfina l rule Q opps. . multi-taskin g doesn' t alway s work . I jus t sen t om b a redlin e agains t th e earlie rpreamble . I no w se e tha t i t wa s th e rul e an d tha t yo u actuall yattache d it . I wil l sen d a ne wfil e t o omb . "Hill , Davi d R . (GC) " <David.R.Hill@hq.doe.gov >

"Hill , Davi d R. (GC) " < David . R.Hill@hq . do e .gov > 11/21/0 2 09:3 4 A

M To : Lyn n Hutchinson/RTP/USEPA/US@EP A cc : Subject : FW: LATES

Tfina l rul e 

# 1 •100200 2 EP A AI R DOCKE

T I \•m i - Thank s fo

r you r voicemail . W

e neve r receive daversio n o f

th e final rul e that

wa s date d10/29 . Th e attache d version , whic hi s date d10/23 , i s th e las t versio n o f

th e 165 final rul e that

w e receive dprio r

t o receivin g th e \& m

n date d11/19 . I

f yo u coul dredlin e th e 11/1 9 versio n t o th e 10/2 3 version , tha t woul db e ver

y helpful Thanks , dr

h Original Messag e From : Amy_L._Farrell@omb.eop.go v (mailto.Amy L . Farrell@omb.eop.gov 1 Sent : Friday , Octobe r

25 , 200 2 5:4 7 P

M To : Otis , Lee ; Carter , Douglas ; Dobriansky , Larisa ; Hill , Davi dR . (GC) : Elizabeth_A._Stolpe@ceq.eop.gov ; Kevin_F._Neyland@omb.eop.gov ; Indur Goklany@ios.doi.gov ; Paul_R._Noe@omb.eop.go v Subject : LATES T final rul e

Forwarde db y Am

y L . Farre l 1/OMB/EOP o n 10/25/200 2 05:4 1 P M (Embedde d imag e move dHarnett.Bill@epamail.epa.go v to file: 10/25/200 2 04:22:0 1 P M picl3084.pcx )P. 3

A



### Recor

dType : Recor

d To : Am y L . Farrell/OMB/EOP@EOP cc : Arthu r G . Fraas/OMB/EOP@EOP , Lorraine D . Hunt/OMB/EOP@EOP , Wehrum.Bill@epamail.epa.gov Subject : Revised16

5 Preamble wit

hPA Lcorrection
(Se e attachedfile : 16

5 10-25red.wpd

)

2n 2 Sfi ¥ 1/ 2 2a^S/ 8 % H T € 1 / 8 2 1 / 4 a © 0

. a 

## dufUcoAc s ( olreqc\- y ^ 4-V u docKt- O
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 513 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 513

 To designate the new hospital bed replacement building at the Ioannis 
  A. Lougaris Department of Veterans Affairs Medical Center in Reno, 
                   Nevada, in honor of Jack Streeter.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 3, 1999

  Mr. Reid (for himself and Mr. Bryan) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To designate the new hospital bed replacement building at the Ioannis 
  A. Lougaris Department of Veterans Affairs Medical Center in Reno, 
                   Nevada, in honor of Jack Streeter.

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

SECTION 1. DESIGNATION OF HOSPITAL BED REPLACEMENT BUILDING.

    The hospital bed replacement building under construction at the 
Ioannis A. Lougaris Department of Veterans Affairs Medical Center in 
Reno, Nevada, is hereby designated as the ``Jack Streeter Building''. 
Any reference to that building in any law, regulation, map, document, 
record, or other paper of the United States shall be considered to be a 
reference to the Jack Streeter Building.
                                 <all>
```