alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Freeman *v.*The State.

*Assault and Battery With a Weapon.*

(Decided May 15, 1907.

44 South. 46.)

1. *Criminal Law; Verdict Surplusage.*— Where the jury found defendant guilty and assessed a fine of $200.00 and six months hard labor for the county, such verdict is' not void in toto; the jury having no power to sentence for hard labor, so much of the verdict as fixed hard labor as a punishment, must be treated as suiqilusage and disregarded.

2. *Assault and Battery; Sentence; Poioer of Court.*— Under sections 4343 and 5415, the court alone has the power to award hard labor as a punishment upon a conviction of assault and-battery with a weapon.

3. *Criminal Law; Sentence for Cost; Determination of*Time.— It is incumbent upon the court in sentencing one for hard labor to pay costs to ascertain and determine the time required to do so at the legal rate per day, and where tlie court fails to do so the cause will be reversed and remanded for further sentence according to law.

Appeal from Tuscaloosa County Court.

Heard before Hon. H. B. Foster.

From a conviction and sentence for assault and battery with a weapon, Tee Freeman appeals.

Reversed as to sentence and remanded for sentence in accordance with law.

No counsel marked for appellant.

Alexander M. Garber, Attorney General,’ for State. —No brief came to the Reporter.

*11DENSON, J.

The' verdict of the jury is in this language: “We, the jury, find the defendant guilty of an assault and battery with a weapon, and fix the punishment with a fine of two hundred dollars and six months’ hard labor for the county.” The jury had no power to fix hard labor as a part of the punishment (Code 1896, §§ 4343, 5415), but this fact does not render the verdict void in toto; the rule being that the addition of hard labor .as punishment in the verdict must be treated as mere *surplusage.*— Taylor’s *Case,*114 Ala. 20, 21 South. 947; *Martin’s Case,*125 Ala. 64, 28 South. 92.

On the verdict as rendered the court might properly sentence the defendant to hard labor to pay the fine and costs, in the absence of payment thereof or else confession of judgment therefor. The power to fix hard labor as additional. punishment is given to the court, and it might properly award such additional punishment for a period not exceeding the limits fixed by the statute. The mere fact that the jury attempted to award the additional punishment did not affect the court’s power to impose *it.*— Martin’s *Case, supra.*But as the court failed in the. sentence to determine the time requisite to work out the. costs, as required by the statute (Code 1896, § 4532), the judgment must be reversed as to the sentence, and the cause remanded for the further sentence by the court in accordance, with *law.*— Linnehan’s *Case,*120 Ala. 293, 25 South. 6.

There is no other error in the record.

Reversed and remanded.

Tyson, C. J., and Haralson and Simpson, JJ., concur.
[No. 20161-5-II.

Division Two.

October 3, 1997.]

#### Northwest Development Corporation, *Appellant,*v. The Newland Group, Inc., *Respondent.*

Appeal from a judgment of the Superior Court for Clark County, No. 95-2-00969-1, Thomas L. Lodge, J., entered November 3, 1995. *Affirmed*by unpublished opinion per Bridgewater, J., concurred in by Houghton, C.J., and Hunt, J.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL
             INFORMATION EXTRACTED FROM THE FINANCIAL STATEMENTS OF
             NIAGARA CORPORATION AND SUBSIDIARIES AND IS QUALIFIED IN
             ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-Mos
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-START>                  JAN-01-1997
<PERIOD-END>                    SEP-30-1997
<CASH>                          1,070,203
<SECURITIES>                    0
<RECEIVABLES>                   27,014,244
<ALLOWANCES>                    706,635
<INVENTORY>                     38,261,887
<CURRENT-ASSETS>                66,124,652
<PP&E>                          96,333,327
<DEPRECIATION>                  5,609,391
<TOTAL-ASSETS>                  171,121,105
<CURRENT-LIABILITIES>           38,562,800
<BONDS>                         81,137,028
<COMMON>                        3,955
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<OTHER-SE>                      19,805,605
<TOTAL-LIABILITY-AND-EQUITY>    171,121,105
<SALES>                         152,939,637
<TOTAL-REVENUES>                152,939,637
<CGS>                           130,231,053
<TOTAL-COSTS>                   130,231,053
<OTHER-EXPENSES>                14,021,037
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              4,067,481
<INCOME-PRETAX>                 4,837,705
<INCOME-TAX>                    1,875,784
<INCOME-CONTINUING>             2,961,921
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    2,961,921
<EPS-PRIMARY>                   .59
<EPS-DILUTED>                   .58
        

</TABLE>
---

|                            | Deloitte LLP
|--------------------------- | ------------
|2800  1055 Dunsmuir Street
|4 Bentall Centre           
|P.O. Box 49279             
|Vancouver BC V7X 1P4       
|Canada                     
|                           
|Tel: 604-669-4466          
|                           
|Fax: 778-374-0496          
|                           
|www.deloitte.ca            

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING
FIRM

We consent to the incorporation by reference in Registration
Statement No. 333-209921 on Form F-3 of our report dated March 29, 2016,
relating to the consolidated financial statements of Northern Dynasty Minerals
Ltd. and subsidiaries (the Company) (which expresses an unqualified opinion
and includes an explanatory paragraph relating to going concern uncertainty),
appearing in this Annual Report on Form 20-F of the Company for the year ended
December 31, 2015.



/s/ Deloitte LLP

Chartered Professional AccountantsVancouver,
Canada 
May 2, 2016

---
Exhibit 32.2




CERTIFICATION OF CFO 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 Green Energy Management Services Holdings, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Robert Weinstein, as Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 to the best of my knowledge, 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 result of operations of the Company.





/s/Robert Weinstein


Robert Weinstein


Chief Financial Officer





March 31, 2011




This Certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2164 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2164

                To extend the duty suspension on Thymol.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2005

 Mr. Brown of South Carolina introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
                To extend the duty suspension on Thymol.

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

SECTION 1. THYMOL.

    (a) In General.--Heading 9902.01.43 of the Harmonized Tariff 
Schedule of the United States (relating to Thymol) is amended by 
striking ``12/31/2006'' and inserting ``12/31/2008''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
J-S77009-18

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

KARNELL DAVIS 

Appellant

:

:

:

:

:

:

:

:

:

 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 2582 EDA 2017

Appeal from the Judgment of Sentence July 12, 2017

In the Court of Common Pleas of Philadelphia County 

Criminal Division at No(s): CP-51-CR-0001149-2013

BEFORE: OTT, J., DUBOW, J., and STRASSBURGER, J.

MEMORANDUM BY OTT, J.: FILED MARCH 07, 2019

Karnell Davis appeals from the judgment of sentence imposed on July 

12, 2017, in the Court of Common Pleas of Philadelphia County following the 

revocation of his probation. Davis contends, and both the Commonwealth and 

trial court agree, that he was improperly sentenced while he was not present 

in the courtroom.1 Accordingly, we vacate the judgment of sentence and 

remand this matter for resentencing.

As all the parties to the matter are well aware of the factual and 

procedural history, and are in agreement regarding the resolution of this 

appeal, we will simply refer to the record in that regard. We add only that it 

____________________________________________

 Retired Senior Judge assigned to the Superior Court.

1 This appeal is related to the appeal at 3932 EDA 2017; trial court docket 51-

CR-0008343-2016. The related case involves the charges that led to the 

revocation of probation. He was sentenced on both matters at the same time. 
J-S77009-18

- 2 -

is well settled that a criminal defendant has both the federal and state 

constitutional right to be present during all critical phases of the proceedings. 

See Snyder v. Massachusetts, 54 S.Ct. 330 (1934); Commonwealth v. 

Ressler, 798 A.2d 221 (Pa. Super. 2002). This right has been included in the 

Pennsylvania Rules of Criminal Procedure at Pa.R.Crim.P. 602(A), which 

states:

The defendant shall be present at every stage of the trial including 

the impaneling of the jury and the return of the verdict, and at 

the imposition of sentence, except as otherwise provided by 

this rule. The defendant’s absence without cause shall not 

preclude proceeding with the trial including a return of the verdict 

and the imposition of sentence.

Pa.R.Crim.P. 602(A) (emphasis added).

All parties agree that the authorities did not bring Davis into the 

courtroom; Davis bore no responsibility for his absence.

Judgment of sentence vacated. This matter is remanded for 

resentencing, which is to take place within 45 days of the return of the certified 

record. Jurisdiction relinquished.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 3/7/19
I 

109TH CONGRESS 

1ST SESSION H. R. 1925 

To suspend temporarily the duty on converter asy. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2005 

Mr. HULSHOF introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on converter asy. 

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

3 SECTION 1. CONVERTER ASY. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.85.01 Static converters (rectifiers) 

capable of converting 300 V 

direct current to 12 V direct 

current, designed for use in 

hybrid motor vehicles of 

heading 8703 (provided for 

in subheading 8504.40.95) .. Free No change No change On or before 

12/31/2008 ’’. 
2 

•HR 1925 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of enactment of this Act. 

Æ
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

UNITED STATES OF AMERICA )

)

v. ) No. 2:13 CR 100

)

ANTOINE T. MCCLAIN )

O R D E R

Pursuant to the Report and Recommendation of the United States Magistrate

Judge, to which the parties have waived objection (DE # 75), the Magistrate Judge’s

findings and recommendations are now ADOPTED. Defendant Antoine T. McCLain is

ADJUDGED to have committed a violation of supervised release as described in the

petition (DE # 59). The supervised release of defendant is now revoked and defendant

is ordered committed to the United States Bureau of Prisons forthwith to serve 6

months incarceration therein. After successful completion of the additional term of

imprisonment, defendant shall not continue on supervised release. The court

recommends that defendant be granted credit for time served on this supervised release

revocation matter.

SO ORDERED.

Date: May 24, 2017

s/ James T. Moody

JUDGE JAMES T. MOODY

UNITED STATES DISTRICT COURT
<PAGE>

                                                                   EXHIBIT 99(b)

                       AMERICAN HONDA FINANCE CORPORATION
                          ANNUAL COMPLIANCE CERTIFICATE


         I, John Weisickle, do hereby certify that I am the Vice
President/Finance of American Honda Finance Corporation, a California
corporation (the "Company"), and further certify on behalf of the Company in its
capacity as servicer (the "Servicer") under the Sale and Servicing Agreement
(the "Agreement") dated as of January 1, 2002 among the Servicer, American Honda
Receivables Corp., as Seller, U.S. Bank National Association, as Owner Trustee
of Honda Auto Receivables 2002-1 Owner Trust and JPMorgan Chase Bank as
Indenture Trustee as follows:

                  (i) A review of the activities of the Servicer during the
         twelve month period ended March 31, 2003, and of its performance under
         the Agreement has been made under my supervision;

                  (ii) To the best of my knowledge and information, based upon
         such review, the Servicer has fulfilled all its obligations under the
         Agreement throughout such period; and

                  (iii) To the best of my knowledge and information, no Event of
         Default nor any event which with the giving of notice or lapse of time,
         or both, would become an Event of Default under the Agreement, has
         occurred or is continuing.

         This certificate is being delivered to the Trustee pursuant to Section
3.11 of the Sale and Servicing Agreement effective January 1, 2002, which terms
and conditions are incorporated in the Agreement.

         IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of May,
2003.



/s/ John I. Weisickle
---------------------
Name:    J. I. Weisickle
Title:   Vice President/Finance
#### MONTAGUE v. HOTEL GOTHA N CO. et al.

(Supreme Court, Appellate Division, First Department.

April 12, 1912.)

Action by Gilbert H. Montague, as receiver, etc., against the Hotel Gothan Company and others. Henry L. Goodwin, appellant. No opinion. Motion denied, with $10 costs. Order filed. See, also, 133 N. Y. Supp. 954.
---







STATE BANK OF VIETNAMSOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom – HappinessNo. 08/GP-NHNNHa Noi, 04 January, 2013





MATERIAL GOLD EXPORT LICENSE





THE DIRECTOR OF THE STATE BANK OF VIETNAM





Pursuant to the Decree no. 24/2013/ND-CP dated 03April 2012 of the


Government on gold trading activities;


Pursuant to the Circular no. 16/2013/TT-NHNN dated 25 May 2013 providing


guidelines for the Decree no. 24/2013/ND-CP dated 03April 2012 of the


Government on gold trading activities


In response to the Application for gold export from Bong Mieu Gold Mining


Company





DECIDES





1.    To approve of the export by Bong Mieu Gold Mining Company of 450 kg


(one four hundred fifty kilograms) of material gold (from 60% to 99.99 %


gold) mined by the Company in year 2013 through Danang International


Airport and Tan Son Nhat International Airport, Hochiminh city to be refined


and traded overseas.





2.    Bong Mieu Gold Mining Company is only permitted to export the type of


gold specified in Article 1 of this letter and is requested to conform to the


regulations on gold export and import as well as other relevant stipulations.





3.    This approval shall take effect until the end of 31 December 2013.





Distribution:For the Director of the State Bank-Bong Mieu Gold Mining Co.For the Director of Foreign Exchange-Director of SBV (to report)Control Department-Deputy Director SBV (to report)Deputy Director-General Department of Customs(for coordination)-Vietnam State Bank – DanangBranch (for coordination)(signed and sealed)-Office FilingDao Xuan Tuan
EXHIBIT
32.1





Certification
of Chief Executive Officer Regarding Periodic Report Containing


Financial
Statements Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002





I, Robert
A. Placek, the Chief Executive Officer of Wegener Corporation (the “Company”),
in compliance with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, hereby certify that, to the best of my
knowledge, the Company’s Quarterly Report on Form 10-Q for the quarter ended
November 28, 2008 (the “Report”) filed with the Securities and Exchange
Commission:




•
            
            fully
      complies with the requirements of Section 13(a) or 15(d) of the Securities
      Exchange Act of 1934; and





•
            
            the
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





/s/
      Robert A. PlacekName:
                Robert
      A. PlacekTitle:
                Chairman
      of the Board, President and
                  Chief
      Executive Officer
                  (Principal
      Executive Officer)Date:
                January
      12, 2009
---

CERTIFICATIONPURSUANT TO18 U.S.C.
SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002



I, Ronald W. Thiessen, Chief Executive Officer of Northern
Dynasty Minerals Ltd. (the Company), hereby certify pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to the best of my knowledge:

(1)          
The Annual Report on Form 40-F of the Company for the fiscal year ended December
31, 2009 (the Annual Report) fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

(2)          
The information contained in the Annual Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

| | By:    | /s/ R.
      Thiessen  
| | ------ | -----------------------
| | Name:  | Ronald W. Thiessen     
| | Title: | Chief Executive Officer
| |        |                        
| |        |                        
| | Date:  | March 31, 2010         



This written statement is being furnished to the Securities
and Exchange Commission as an exhibit to the Companys Annual Report on Form
40-F. A signed original of this statement has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.

This certification accompanies this Annual Report on Form
40-F pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not,
except to the extent required by such Act, be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the
Exchange Act). Such certification will not be deemed to be incorporated by
reference into any filing under the Securities Act of 1933, as amended, or the
Exchange Act, except to the extent that the Company specifically incorporates it
by reference.

---
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

UNITED STATES OF AMERICA, )

)

Plaintiff, )

)

v. ) CAUSE NO. 2:16-CR-46-PPS-PRC-1

)

JOHNNY CLAY AMOS, )

)

Defendant. )

This matter is before me on the Findings and Recommendation of Magistrate

Judge Paul R. Cherry relating to defendant Johnny Clay Amos’ request to enter a plea of

guilty to Count 1 of the Indictment, pursuant to Rule 11 of the Federal Rules of Criminal

Procedure. [DE 23.] Following a hearing on the record on October 20, 2016, Judge

Cherry found that Amos understands the nature of the charge, his rights, and the

maximum penalties; that Amos is competent to plead guilty; that there is a factual basis

for Amos’ guilty plea; and that Amos knowingly and voluntarily entered into his

agreement to enter a plea of guilty. [Id.] Judge Cherry recommends that I accept Amos’

plea of guilty and proceed to sentencing. [Id.] Neither party has filed an objection to

Judge Cherry’s Findings and Recommendation. 

Accordingly and having reviewed the Findings and Recommendation of the

Magistrate Judge Upon Plea of Guilty by Defendant Johnny Clay Amos [DE 23], to

which no objection has been filed, the Court hereby ADOPTS the Findings and

Recommendation [DE 23] in their entirety. Defendant Johnny Clay Amos is

ADJUDGED GUILTY of Count 1 of the Indictment, and the sentencing hearing is SET
for February 17, 2017 at 1:30 p.m. Hammond/Central Time.

SO ORDERED.

ENTERED: November 8, 2016 

s/ Philip P. Simon 

CHIEF JUDGE

UNITED STATES DISTRICT COURT

2
EXHIBIT 99(B)



AMERICAN HONDA FINANCE CORPORATION

ANNUAL COMPLIANCE CERTIFICATE







I, John Weisickle, do hereby certify that I am the Vice President/Finance of American Honda Finance Corporation, a California corporation (the "Company"), and further certify on behalf of the Company in its capacity as servicer (the "Servicer") under the Sale and Servicing Agreement (the "Agreement") dated as of January 1, 2002 among the Servicer, American Honda Receivables Corp., as Seller, U.S. Bank, National Association, as Owner Trustee of Honda Auto Receivables 2002-1 Owner Trust and JPMorgan Chase Bank, as Indenture Trustee as follows:



(i)

A review of the activities of the Servicer during the twelve month period ended March 31, 2004, and of its performance under the Agreement has been made under my supervision;



(ii)

To the best of my knowledge and information, based upon such review, the Servicer has fulfilled all its obligations under the Agreement throughout such period; and



(iii)

To the best of my knowledge and information, no Event of Default nor any event which with the giving of notice or lapse of time, or both, would become an Event of Default under the Agreement, has occurred or is continuing.



This certificate is being delivered to the Trustee pursuant to Section 3.11 of the Sale and Servicing Agreement effective January 1, 2002, which terms and conditions are incorporated in the Agreement.



IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of June, 2004.





/s/ John Weisickle______

Name: John Weisickle

Title:   Vice President/Finance