alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IV 

House Calendar No. 147 

115TH CONGRESS 

2D SESSION H. CON. RES. 113 

[Report No. 115–701] 

Authorizing the use of the Capitol Grounds for the Greater Washington 

Soap Box Derby. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2018 

Mr. HOYER (for himself, Mr. BROWN of Maryland, Ms. NORTON, Mr. 

DELANEY, Mr. RASKIN, Mr. CONNOLLY, Mr. BEYER, Mr. SARBANES, and 

Mrs. COMSTOCK) submitted the following concurrent resolution; which 

was referred to the Committee on Transportation and Infrastructure 

MAY 22, 2018 

Referred to the House Calendar and ordered to be printed 

CONCURRENT RESOLUTION 

Authorizing the use of the Capitol Grounds for the Greater 

Washington Soap Box Derby. 

1 Resolved by the House of Representatives (the Senate 

2 concurring), 


daltland on DSKBBV9HB2PROD with BILLS
2 

•HCON 113 RH 

1 SECTION 1. USE OF CAPITOL GROUNDS FOR SOAP BOX 

2 DERBY RACES. 

3 (a) IN GENERAL.—The Greater Washington Soap 

4 Box Derby Association (in this resolution referred to as 

5 the ‘‘sponsor’’) shall be permitted to sponsor a public 

6 event, soap box derby races (in this resolution referred to 

7 as the ‘‘event’’), on the Capitol Grounds. 

8 (b) DATE OF EVENT.—The event shall be held on 

9 June 16, 2018, or on such other date as the Speaker of 

10 the House of Representatives and the Committee on Rules 

11 and Administration of the Senate jointly designate. 

12 SEC. 2. TERMS AND CONDITIONS. 

13 (a) IN GENERAL.—Under conditions to be prescribed 

14 by the Architect of the Capitol and the Capitol Police 

15 Board, the event shall be— 

16 (1) free of admission charge and open to the 

17 public; and 

18 (2) arranged not to interfere with the needs of 

19 Congress. 

20 (b) EXPENSES AND LIABILITIES.—The sponsor shall 

21 assume full responsibility for all expenses and liabilities 

22 incident to all activities associated with the event. 

23 SEC. 3. EVENT PREPARATIONS. 

24 Subject to the approval of the Architect of the Cap25 itol, the sponsor is authorized to erect upon the Capitol 

26 Grounds such stage, sound amplification devices, and 


daltland on DSKBBV9HB2PROD with BILLS
3 

•HCON 113 RH 

1 other related structures and equipment as may be required 

2 for the event. 

3 SEC. 4. ADDITIONAL ARRANGEMENTS. 

4 The Architect of the Capitol and the Capitol Police 

5 Board are authorized to make such additional arrange6 ments as may be required to carry out the event. 

7 SEC. 5. ENFORCEMENT OF RESTRICTIONS. 

8 The Capitol Police Board shall provide for enforce9 ment of the restrictions contained in section 5104(c) of 

10 title 40, United States Code, concerning sales, advertise11 ments, displays, and solicitations on the Capitol Grounds, 

12 as well as other restrictions applicable to the Capitol 

13 Grounds, with respect to the event. 


daltland on DSKBBV9HB2PROD with BILLS
House Calendar No. 147 

115TH CONGRESS 

2D SESSION H. CON. RES. 113 

[Report No. 115–701] 

CONCURRENT RESOLUTION 

Authorizing the use of the Capitol Grounds for the 

Greater Washington Soap Box Derby. 

MAY 22, 2018 

Referred to the House Calendar and ordered to be 

printed 


daltland on DSKBBV9HB2PROD with BILLS
United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

 1120 20th Street, N.W., Ninth Floor

 Washington, DC 20036-3457

SECRETARY OF LABOR,

Complainant, 

v. OSHRC Docket No. 22-1443 

MAYFIELD ENERGY, LLC, 

Respondent. 

BRIEFING NOTICE

The parties are requested to brief the issues presented in Respondent’s petition for 

discretionary review. The parties are also requested to address whether the Secretary’s position in 

the proceeding was substantially justified. See 29 C.F.R. § 2204.101. 

All briefs are to be filed in accordance with Commission Rule 93.1 The first brief is to be 

filed within 40 days of this notice. A party not intending to file a brief shall notify the Commission 

in accordance with Commission Rule 93. The time for filing any responsive briefs (or letters filed 

in lieu of briefs) shall commence on the date of service.

 BY DIRECTION OF THE COMMISSION

Dated: November 14, 2023 /s/ 

 John X. Cerveny 

 Executive Secretary

1 The Commission requests that all briefs include an alphabetical table of authorities with 

references to the pages on which they are cited, and that an asterisk be placed in the left-hand 

margin of the table to indicate those authorities on which the brief principally relies. The 

Commission also requests that copies of cited authority, other than statutes, regulations, case law, 

law journal articles, and legal treatises, be provided to the Commission and to the opposing party. 

Parties should be cautioned that these materials will be considered only if appropriate.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>5
<MULTIPLIER>1
       
<CAPTION>
Exhibit 27: Financial Data Schedule
<S>									<C>
<PERIOD-TYPE>						3-MOS
<FISCAL-YEAR-END>					DEC-31-1997
<PERIOD-START>						JAN-01-1997
<PERIOD-END>						MAR-31-1997
<CASH>								41,477,288
<SECURITIES>						0
<RECEIVABLES>						13,139,350
<ALLOWANCES>						0
<INVENTORY>							1,420,883
<CURRENT-ASSETS>					56,332,137
<PP&E>								679,242,160
<DEPRECIATION>						24,182,970
<Total Assets>						770,561,487
<CURRENT-LIABILITIES>				33,629,806
<BONDS>								621,215,000
<PREFERRED-MANDATORY>				0
<PREFERRED>							0
<COMMON>							0
<OTHER-SE>							0
<TOTAL-LIABILITY-AND-EQUITY>		770,561,487
<SALES>								37,879,374
<TOTAL-REVENUES>					37,879,374
<CGS>								17,298,354
<TOTAL-COSTS>						19,886,613
<Other-Costs>						2,588,259
<LOSS-PROVISION>					0
<INTEREST-EXPENSE>					14,591,085
<Income-before-taxes>				3,950,121
<INCOME-TAX>						0
<INCOME-CONTINUING>					3,950,121
<DISCONTINUED>						0
<EXTRAORDINARY>						0
<CHANGES>							0
<NET-INCOME>						3,950,121
<EPS-PRIMARY>						0
<EPS-DILUTED>						0
        

</TABLE>
##### 



Exhibit 11
 A.S.V., Inc. and Subsidiary
Computation of Earnings per Share
(In thousands, except share data)
 Three Months Ended
    
    
    Six Months EndedJune 30,
    
    
    June 30,2006
    
    
    2005
    
    
    2006
    
    
    2005BasicEarningsNet earnings
    
    $
    7,601
    
    
    $
    6,184
    
    
    $
    14,537
    
    
    $
    11,727SharesWeighted average number of common
shares outstanding
    
    
    26,996,267
    
    
    
    26,787,204
    
    
    
    27,042,771
    
    
    
    26,757,140Basic earnings per common share
    
    $
    .28
    
    
    $
    .23
    
    
    $
    .54
    
    
    $
    .44DilutedEarningsNet earnings
    
    $
    7,601
    
    
    $
    6,184
    
    
    $
    14,537
    
    
    $
    11,727SharesWeighted average number of common
shares outstanding
    
    
    26,996,267
    
    
    
    26,787,204
    
    
    
    27,042,771
    
    
    
    26,757,140Assuming exercise of options reduced by
the number of shares which could have
been purchased with the proceeds from
the exercise of such options
    
    
    529,760
    
    
    
    823,168
    
    
    
    657,852
    
    
    
    868,942Weighted average number of common and
common equivalent shares outstanding
    
    
    27,526,027
    
    
    
    27,610,372
    
    
    
    27,700,623
    
    
    
    27,626,082Diluted earnings per common share
    
    $
    .28
    
    
    $
    .22
    
    
    $
    .52
    
    
    $
    .42
 20
D1297 

Tuesday, December 2, 2008 

Daily Digest 

Senate 

Chamber Action 

Senate met at 10:30:02 a.m. in pro forma session, 

and recessed at 10:30:27 a.m. until 11 a.m., on Friday, December 5, 2008. 

Committee Meetings 

(Committees not listed did not meet) 

h 

No committee meetings were held. 

House of Representatives 

Chamber Action 

The House was not in session today. The House 

is scheduled to meet at 11 a.m. on Saturday, January 

3, 2009, pursuant to the provisions of H. Con. Res. 

440. 

Committee Meetings 

No committee meetings were held. 


smartinez on PROD1PC64 with DIGEST
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h

Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,

J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk September 11, 2009

l0831 

# Order

September 11, 2009

139046

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 139046 COA: 289242 Livingston CC: 08-017373-FH SCOTT JEFFREY LEWIS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal th e February 17, 2009 order of the Court of Appeals is consider ed, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
NO. 07-09-0225-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

OCTOBER 25, 2010

______________________________

INTERSTATE FIRE AND CASUALTY COMPANY AND 

UNITRIN COUNTY MUTUAL INSURANCE COMPANY, APPELLANTS

V.

GREAT WESTERN DRILLING LTD. D/B/A 

GREAT WESTERN DRILLING COMPANY, APPELLEE

_________________________________

FROM THE 286TH DISTRICT COURT OF HOCKLEY COUNTY;

NO. 07-04-20833; HONORABLE PAT PHELAN, JUDGE

_______________________________

Before CAMPBELL and PIRTLE, JJ. and BOYD, S.J.[footnoteRef:1] [1: John T. Boyd, Senior Justice (Ret.), Seventh Court of Appeals, sitting by assignment.  Tex. Gov't Code Ann. § 75.002(a)(1) (Vernon 2005).] 

**MEMORANDUM OPINION**

	Pending before this Court is a *Motion to Dismiss and Remand*in which the parties represent they have reached a settlement and no longer wish to pursue this appeal.  The motion is signed by counsel for all parties to this appeal.  Pursuant to Rule 42.1(a)(2)(B), we grant the motion, set aside the trial court's judgment as it pertains to the parties to this appeal, and without passing on the merits of the appeal, remand the cause to the trial court for the parties to effectuate their settlement agreement.  Having granted relief at the request of the parties, no motion for rehearing will be entertained and our mandate will issue forthwith.

							Patrick A. Pirtle

							      Justice

2
Exhibit 99


Certification of Principal Executive and Principal Financial Officer pursuant to
18 U.S.C. Section 1350

         I hereby certify pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
ss. 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and
belief, that the accompanying Form 10-QSB of Cecil Bancorp, Inc. ("Bancorp") for
the quarterly period ended June 30, 2002, fully complies with the requirements
of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m
or 78o(d)); and that the information contained in this Form 10-QSB fairly
presents, in all material respects, the financial condition and results of
operations of Bancorp.


By: /s/ Mary B. Halsey                                       August 12, 2002
   ----------------------------------------------            ---------------
    Mary B. Halsey                                           Date
    President and Chief Executive Officer
    (Principal Executive Officer and Principal
    Financial Officer)
```

[Congressional Record Volume 154, Number 180 (Saturday, November 29, 2008)]
[Daily Digest]
[Page D1295]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

Committee Meetings
(Committees not listed did not meet)
  No committee meetings were held.
```
LEGAL02/31289031v1

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR, )

)

Complainant, ) Docket No. 08-1104

)

v. )

)

IMPERIAL SUGAR COMPANY; )

IMPERIAL-SAVANNAH, L.P. )

)

)

Respondents. )

)

RESPONDENT’S NOTICE OF FILING PROOF OF SERVICE OF SUBPOENA

Pursuant to 29 C.F.R. § 2200.52(l), Respondent Imperial-Savannah, L.P. respectfully

files the attached proof of service of subpoena and notice of deposition, served upon Graham H.

Graham on April 1, 2009.

Respectfully submitted this 28

th day of April, 2009.

/s/ Charles H. Morgan

Charles H. Morgan

charlie.morgan@alston.com

Matthew J. Gilligan

matt.gilligan@alston.com

Ashley D. Brightwell

ashley.brightwell@alston.com

Jeremy D. Tucker

jeremy.tucker@alston.com

ALSTON & BIRD LLP

1201 West Peachtree Street

Atlanta, Georgia 30309-3424

(404) 881-7000

(404) 253-8757

Attorneys for Respondents
LEGAL02/31289031v1

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR, )

)

Complainant )

)

v. ) Docket No. 08-1104

)

IMPERIAL SUGAR COMPANY; )

IMPERIAL-SAVANNAH, L.P. )

)

Respondents. )

____________________________________)

CERTIFICATE OF SERVICE

I certify that all parties have consented that all papers required to be served in this action

may be served and filed electronically. I further certify that a copy of RESPONDENT’S

NOTICE OF FILING PROOF OF SERVICE OF SUBPOENA was electronically served on

April 28, 2009 on the following counsel for Complainant:

Karen E. Mock

Mock.Karen@dol.gov

Angela F. Donaldson

Donaldson.Angela@dol.gov

Office of the Solicitor

U.S. Department of Labor

61 Forsyth Street S.W.

Room 7T10

Atlanta, Georgia 30303

/s/ Charles H. Morgan

Charles H. Morgan

Alston & Bird LLP

1201 West Peachtree Street

Atlanta, Georgia 30309-3424

charlie.morgan@alston.com
```

[Congressional Record Volume 154, Number 184 (Tuesday, December 9, 2008)]
[Extensions of Remarks]
[Page E2348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                        HONORING DRU RYAN JORDAN

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                       Tuesday, December 9, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Dru Ryan 
Jordan of Platte City, Missouri. Dru is a very special young man who 
has exemplified the finest qualities of citizenship and leadership by 
taking an active part in the Boy Scouts of America, Troop 1351, and 
earning the most prestigious award of Eagle Scout.
  Dru has been very active with his troop, participating in many Scout 
activities. Over the many years Dru has been involved with Scouting, he 
has not only earned numerous merit badges, but also the respect of his 
family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Dru Ryan 
Jordan for his accomplishments with the Boy Scouts of America and for 
his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________
```
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

§906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of
ATEL Cash Distribution Fund VI, L.P. (the Partnership) on Form 10-Q for the period ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Dean L. Cash, President
and Chief Executive Officer of ATEL Financial Services, LLC, General Partner of the Partnership, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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 Partnership.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 12, 2010



|                                              
|----------------------------------------------
|/s/ Dean L. Cash                              
|Dean L. Cash                                  
|President and Chief Executive Officer of      
|ATEL Financial Services, LLC (General Partner)

A signed
original of this written statement required by Section 906 has been provided to the Partnership and will be retained by the Partnership and furnished to the Securities and Exchange Commission or its staff upon request.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-7749

GEORGE ALEXANDER PORTER,

Petitioner – Appellant,

v.

GENE M. JOHNSON,

Respondent – Appellee.

Appeal from the United States District Court for the Western 

District of Virginia, at Roanoke. Samuel G. Wilson, District 

Judge. (7:09-cv-00465-sgw-mfu)

Submitted: May 25, 2011 Decided: May 27, 2011

Before WILKINSON, DAVIS, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

George Alexander Porter, Appellant Pro Se. Gregory William 

Franklin, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, 

Virginia, for Appellee. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

George Alexander Porter seeks to appeal the district 

court’s order denying relief on his 28 U.S.C. § 2254 (2006)

petition. The order is not appealable unless a circuit justice 

or judge issues a certificate of appealability. See 28 U.S.C. 

§ 2253(c)(1) (2006). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the petition states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. We have independently reviewed the record 

and conclude that Porter has not made the requisite showing. 

Accordingly, we deny a certificate of appealability and dismiss 

the appeal. We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials
3

before the court and argument would not aid the decisional 

process. 

DISMISSED
APPENDIX I - PRODUCT LIST

EPA Registration Number: Product Name 47000 - 19 Dy- Fly 1 Livestock Spray 47000 - 101 CT - 42
```

[Congressional Record Volume 154, Number 161 (Friday, October 3, 2008)]
[Extensions of Remarks]
[Page E2234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. EARL POMEROY

                            of north dakota

                    in the house of representatives

                        Friday, October 3, 2008

  Mr. POMEROY. Madam Speaker, on September 29, 2008, I missed rollcall 
vote No. 673. Had I been present, I would have voted in the following 
manner:
  Rollcall No. 673 ``nay.''

                          ____________________
```
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED April 12, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51492 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JESUS RIVAS-ZUBIATE, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:04-CR-1581-ALL

-------------------- Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM: *Appealing the Judgment in a Criminal Case, Jesus RivasZubiate raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
UNITED STATES OF AMERICA 

 OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 

SECRETARY OF LABOR, ) OSHRC DOCKET NO. 

) 

Complainant, ) 08-1104 

) 

v. ) REGION IV 

) 

IMPERIAL SUGAR COMPANY, ) 

IMPERIAL-SAVANNAH, L.P., ) 

) 

 Respondents. ) 

ORDER 

For good cause shown, the Complainant’s Unopposed Motion for an Extension of 

Time in Which to Respond to Respondents’ Motion to Dismiss and Motion for Partial Summary 

Judgment is hereby GRANTED. The Complainant shall have until Friday, February 27, 2009, to 

respond to the Motions. 

 ______________________________ 

The Honorable Covette Rooney 

U.S. OSHRC Judge 

Dated: 

Washington, D.C. 

 
2

ORDER SUBMITTED BY: 

ADDRESS: CAROL DE DEO 

Deputy Solicitor of Labor 

Office of the Solicitor 

U. S. Department of Labor STANLEY E. KEEN 

61 Forsyth Street, S.W. Regional Solicitor 

Room 7T10 

Atlanta, GA 30303 SHARON D. CALHOUN 

 Counsel 

Telephone: 404/302-5435 

Facsimile: 404/302-5438 By: /s/ Karen E. Mock

Mock.karen@dol.gov KAREN E. MOCK 

Donaldson.angela@dol.gov Senior Trial Attorney 

 

ANGELA F. DONALDSON 

 Trial Attorney 

Attorneys for the Secretary of Labor 

SOL Case No. 08-60093 United States Department of Labor 
CERTIFICATE OF SERVICE 

I certify that all parties have consented that all papers required to be served may 

be served and filed electronically. I further certify that a copy of the Proposed Order Granting 

Complainant’s Unopposed Motion for Extension of Time in Which to Respond to Respondent’s 

Motion to Dismiss and Motion for Partial Summary Judgment was electronically served on 

February 2, 2009, on the following parties: 

Charles H. Morgan, Esq. 

Matthew J. Gilligan, Esq. 

Ashley D. Brightwell, Esq. 

Jeremy D. Tucker, Esq. 

Alston & Bird LLP 

1201 West Peachtree Street 

Atlanta, Georgia 30309-3424 

charlie.morgan@alston.com

matt.gilligan@alston.com

ashley.brightwell@alston.com

jeremy.tucker@alston.com

 /s/Karen E. Mock_________

KAREN E. MOCK 

 Senior Trial Attorney 

 Mock.karen@dol.gov

SOL Case No. 08-60093
#### P. M. WARREN *v.*NOAH BROWN.

A note payable “in eurrent notes of the State of North Carolina, is not negotiable; *therefore,*under our former system an endorsee thereof could not maintain an action at law upon it, in his own name.

Assumpsit, tried before *Cloud, J.,*at Fall Term 1869 of Wilkes Superior Court.

The plaintiff declared as endorsee (secondj of a note for $1175.50 made by the defendant, June 18th 1862, at one day after date “to be paid in current notes of the State of North Carolina.”

*382The defendant objected that he could not maintain an action upon it in his own name.

His Honor was of a different opinion. Verdict and Judgment for the plaintiff, and Appeal by the defendant.

*Boyden & Bmley,*for the appellant.

*No*counsel, *contra.*

Settle, J.

Are “current notes of the State of North Carolina” the same thing as money, in contemplation of law?

Nothing but coin was a legal tender in payment of a note for money, before the recent acts of Congress. This note bears date June 18th 1862, and is payable “in current notes of the State of North Carolina,” which may mean, .either Treasury Notes of the State, or, notes on various banks of the State. A note, to be negotiable, should be for a sum certain, payable in money, and without conditions. Here the suit was instituted before the adoption of the Code, by a second endorsee, in his own name, on a note not negotiable.

The objection is fatal to the present action.

Pee Cubiam. Judgment reversed.