alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Stephen Jones *v.*Commonwealth.

Criminal Law — Passing Counterfeit National Bank Notes — Jurisdiction Sufficiency of Indictment.

Section 1, article 10, chapter 28, 1 Stant. Rev. Stat., gives the courts of this State judisdietion of the offense of passing or vending counterfeit notes purporting to be on a national bank.

Sufficiency of Indictment.

An indictment for passing and vending counterfeit national bank notes is sufficient when it' gives a general description of the denomination, bank, and to whom passed.

APPEAL EROM BARREN CIRCUIT COURT.

December 10, 1866.

Opinion oe the Court by

Judge Williams :

Jones was indicted and tried and convicted in the Barren Circuit Court on a charge of “ passing and vending counterfeit bank bills on an incorporated bank within the United States committed as follows:”

Then in particularly setting out the offense describes the bills passed to Thomas Boslow as *“*eleven counterfeit bank notes of the Eirst National Bank on Indianapolis in the State of Indiana each of the denomination of $20 and payable on demand at said bank.”

A motion in arrest of judgment was overruled and he prosecutes this appeal.

' The evidence is not incorporated in the bill of exceptions; we must, therefore, presume that every essential fact to conviction was made out.

But it is insisted that as the indictment shows that the charge was for passing counterfeit currency purporting to be on a national bank that our State courts have no jurisdiction to try the case because the Act of December 5, 1863 (Myers Supplement to *532Statutes, 174), only embraces treasury notes, fractional or postal currency, and not the circulation of the national banks, but this was wholly unnecessary because section 1, article 10, chapter 28, 1 Stant. Rev. Stat., embraced “ any bank or company incorporated by law in any part of the United States,” therefore, to pass and vend counterfeit notes purporting to be on a national bank is an offense within the letter and spirit of this last recited act.

It is again urged that the bills are not so specifically described as to bar a future indictment.

It is true a more specific description by letter, number,- and date of some of these bills might have been given, but there is a general description of the denomination, on what bank, and to whom passed, and we think this would bar any future indiction for passing to Boslow counterfeit $20 bills purporting to be on the First National Bank of Indianapolis. In Rhodes *v.*Commonwealth, 2 Duvall, this court held the charge of stealing “ one lot of treasury notes ” and “ one lot of Kentucky bank notes and $15 in gold coin ” was too uncertain and indefinite as neither denomination, date, nor number of either the treasury note, bank notes, or coin were given nor on what bank, but here the denomination of the bills, the bank on which they purport to be issued, and the person to whom passed are given by general description sufficiently certain to bar a subsequent indictment for the same offense.

Wherefore, the judgment is affirmed.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           7,455
<SECURITIES>                                         0
<RECEIVABLES>                                    1,484
<ALLOWANCES>                                       141
<INVENTORY>                                          0
<CURRENT-ASSETS>                                10,651
<PP&E>                                           2,957
<DEPRECIATION>                                   1,589
<TOTAL-ASSETS>                                  13,183
<CURRENT-LIABILITIES>                            2,513
<BONDS>                                              0
<PREFERRED-MANDATORY>                           23,842
<PREFERRED>                                          0
<COMMON>                                             6
<OTHER-SE>                                    (13,178)
<TOTAL-LIABILITY-AND-EQUITY>                    13,183
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<CGS>                                                0
<TOTAL-COSTS>                                    7,379
<OTHER-EXPENSES>                                   504
<LOSS-PROVISION>                                    91
<INTEREST-EXPENSE>                                  67
<INCOME-PRETAX>                                (3,188)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,188)
<EPS-BASIC>                                     (6.91)
<EPS-DILUTED>                                   (6.91)


</TABLE>
##### 



Exhibit 12.1 Computation of Ratio of Earnings to Fixed Charge Calculation
Exhibit 12.1
(dollars in thousands) Three Months
    
    
    Three Months
    
    
    Six Months
    
    
    Six MonthsEnded
    
    
    Ended
    
    
    Ended
    
    
    Ended3/31/2005
    
    
    3/31/2004
    
    
    3/31/2005
    
    
    3/31/2004(Restated)
    
    
    
    
    
    
    (Restated)Pre-tax income from continuing operations
    
    
    7,757
    
    
    
    8,390
    
    
    
    10,314
    
    
    
    4,877Fixed charges:Interest expense + Amortization of deferred financing from continuing operations
    
    
    7,576
    
    
    
    7,926
    
    
    
    14,924
    
    
    
    16,043Interest factor of rental expense (1)
    
    
    2,141
    
    
    
    2,140
    
    
    
    4,350
    
    
    
    4,087Total fixed charges
    
    
    9,717
    
    
    
    10,066
    
    
    
    19,274
    
    
    
    20,130Pre-tax income from continuing operations plus fixed charges
    
    
    17,474
    
    
    
    18,456
    
    
    
    29,588
    
    
    
    25,007Ratio of Earnings to Fixed Charge
    
    
    1.80
    
    
    
    1.83
    
    
    
    1.54
    
    
    
    1.24
   (1)
    
    One-third of rental expense relating to operating leases is attributed to the interest portion. Management believes this represents a
reasonable approximation of the interest factor.
[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Notices]
[Page 6407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2797]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service


National Register of Historic Places; Notification of Pending 
Nominations and Related Actions

    Nominations for the following properties being considered for 
listing or related actions in the National Register were received by 
the National Park Service before January 23, 2010. Pursuant to section 
60.13 of 36 CFR part 60 written comments concerning the significance of 
these properties under the National Register criteria for evaluation 
may be forwarded by United States Postal Service, to the National 
Register of Historic Places, National Park Service, 1849 C St., NW., 
2280, Washington, DC 20240; by all other carriers, National Register of 
Historic Places, National Park Service, 1201 Eye St., NW., 8th floor, 
Washington, DC 20005; or by fax, 202-371-6447. Written or faxed 
comments should be submitted by February 24, 2010 .

J. Paul Loether,
Chief, National Register of Historic Places/National, Historic 
Landmarks Program.

CALIFORNIA

Los Angeles County

Garment Capitol Building, 217 E. 8th St., Los Angeles, 10000053

IOWA

Lucas County

Chariton Cemetery Historic District, 929 S. Main St., Chariton, 
10000054

Story County

Roosevelt School, 921 9th St., Ames, 10000055

MAINE

York County

South Berwick Village Historic District, Portions of Main, Portland, 
Highland and Academy, South Berwick, 10000058

MASSACHUSETTS

Bristol County

Ingraham, Robert C., School, 80 Rivet St., New Bedford, 10000056

Middlesex County

Groton High School, 145 Main St., Groton, 10000057

NEW YORK

Putnam County

West Point Foundry Archeological Site, Address Restricted, Cold 
Spring, 10000059

[FR Doc. 2010-2797 Filed 2-8-10; 8:45 am]
BILLING CODE P
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                            2192
<INT-BEARING-DEPOSITS>                             100
<FED-FUNDS-SOLD>                                  2683
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      11101
<INVESTMENTS-CARRYING>                           35592
<INVESTMENTS-MARKET>                             35633
<LOANS>                                         169609
<ALLOWANCE>                                        529
<TOTAL-ASSETS>                                  234600
<DEPOSITS>                                      181319
<SHORT-TERM>                                     10041
<LIABILITIES-OTHER>                               1913
<LONG-TERM>                                      15708
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            14
<OTHER-SE>                                       25605
<TOTAL-LIABILITIES-AND-EQUITY>                  234600
<INTEREST-LOAN>                                   3554
<INTEREST-INVEST>                                  839
<INTEREST-OTHER>                                   113
<INTEREST-TOTAL>                                  4506
<INTEREST-DEPOSIT>                                2306
<INTEREST-EXPENSE>                                2719
<INTEREST-INCOME-NET>                             1787
<LOAN-LOSSES>                                       10
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                   1117
<INCOME-PRETAX>                                    755
<INCOME-PRE-EXTRAORDINARY>                         755
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       501
<EPS-PRIMARY>                                     0.41
<EPS-DILUTED>                                     0.41
<YIELD-ACTUAL>                                    3.18
<LOANS-NON>                                         68
<LOANS-PAST>                                       366
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   520
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         9
<ALLOWANCE-CLOSE>                                  529
<ALLOWANCE-DOMESTIC>                               349
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            180
        

</TABLE>
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET OF CNL INCOME FUND XIII, LTD. AT SEPTEMBER 30, 1999, AND ITS STATEMENT OF
INCOME FOR THE NINE MONTHS THEN ENDED AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO THE FORM 10-Q OF CNL INCOME FUND XIII, LTD. FOR THE NINE MONTHS
ENDED SEPTEMBER 30, 1999.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                       1,788,157
<SECURITIES>                                         0
<RECEIVABLES>                                   42,643
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                      23,973,868
<DEPRECIATION>                               2,282,439
<TOTAL-ASSETS>                              35,026,773
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  33,116,582
<TOTAL-LIABILITY-AND-EQUITY>                35,026,773
<SALES>                                              0
<TOTAL-REVENUES>                             2,586,484
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               674,319
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,917,185
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,917,185
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,917,185
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0
<FN>
<F1>Due to the nature of its industry, CNL Income Fund XIII, Ltd. has an
unclassified balance sheet; therefore, no values are shown above for current
assets and current liabilities.
</FN>


</TABLE>
Exhibit 10.06
                              Memordandum of understanding - first right


                                                      October 15, 1999

Via Fax

Mr. Nasrallah Behbehani
General Manager
Sayed Hamid Behbehani & Sons Co. W.L.L.
Dasman Complex, Block 3, 3rd Floor, Sharq
P.O. Box 3065, Safat 13021, Kuwait

                  Re:      Memorandum of Understanding

Dear Mr. Behbehani:

Per our telephone conversations, this letter will memorialize that as of October
1999, Sayed Hamid Behbehani & Sons Co. W.L.L. ("SHBC") will give Telesource
International, Inc. ("Telesource") the right of first refusal on
projects which come to SHBC's attention in the following geographic regions:

1.       The United States and its Territories; an
2.       The Pacific Rim; and
3.       The Indian Ocean.

However,  it is  specifically  agreed that such right of first  refusal will not
apply to projects or modifications for the International  Broadcasting  Bureau's
stations outside the continental  United States,  which both SHBC and Telesource
may freely bid and execute.


If the above  corresponds  to your  understanding,  kindly sign below and return
this letter to us in Chicago by fax. As always, should you have any questions or
comments, please do not hesitate to contact us.

                               With Best Regards,


                                                       KJ Semikian
                            Director & President/CEO
Acknowledged:

-----------------------                     ---------------------
Nasrallah Behbehani                                           Date
General Manager


                                      297
<PAGE>
II 

108TH CONGRESS 

2D SESSION S. 2246

To reduce temporarily the duty on certain sorbic acid. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2004

Mr. LAUTENBERG introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL

To reduce temporarily the duty on certain sorbic acid.

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

3 SECTION 1. SORBIC ACID. 

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:

‘‘ 9902.28.11 Sorbic Acid (Cas No. 110–44–1) 

(provided for in subheading 

2916.19.20) ....................................... 1.5% No change No change On or before 

12/31/2006 ’’. 

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

9 subsection (a) applies with respect to goods entered, or 
2

•S 2246 IS 

1 withdrawn from warehouse for consumption, on or after 

2 the 15th day after the date of enactment of this Act.

Æ
#### The People of the State of New York, Respondent, v David Talbert, Appellant.

[787 NYS2d 901]

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated March 24, 2003 *(.People v Talbert,*303 AD2d 696 [2003]), affirming a judgment of the Supreme Court, Kings County, rendered November 2, 2000.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]; *People v Stultz,*2 NY3d 277 [2004]). Prudenti, P.J., Schmidt, Ritter and Santucci, JJ., concur.
#### AMBASSADOR INSURANCE COMPANY v. BELGIAN GENERAL INSURANCE COMPANY.

September 5, 1984.

Petition for certification denied.
#### STATE OF NEW JERSEY v. RALPH SOWELL.

July 2, 1984.

Petition for certification denied.
#### Abraham C. Grossman, Respondent, v Team Care Home Care Agency, Inc., et al., Appellants.

[789 NYS2d 303]

In an action, inter alia, to recover damages for breach of a joint venture agreement, the defendants appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Kings County (Pfau, J.), dated April 23, 2003, as granted those branches of the plaintiffs motion which were to compel the defendants to disclose the location of certain proceeds received from a nonparty, Allen Health Care, during the pendency of the action, and to dismiss their affirmative defense of failure to join a necessary party.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly concluded that the disclosure sought by the plaintiffs, the location of the proceeds of the sale of the assets of the corporation at issue in this proceeding, had been granted by a prior order from which no appeal had been taken. Since the prior determination was the law of the case *(see Andrea v E.I. du Pont de Nemours & Co.,*289 AD2d 1039, 1041 [2001]; *Kimmel v State of New York,*261 AD2d 843, 844 [1999]; *Ennist v Shepherd,*117 AD2d 580, 580 [1986]), the Supreme Court properly granted that branch of the plaintiffs motion which was to compel such disclosure. The Supreme Court also properly granted that branch of the plaintiffs motion which was to dismiss the defendants’ affirmative defense of failure to join a necessary party *(see*CPLR 1001 [a]; *Agrawal v Razgaitis,*149 AD2d 390 [1989]). S. Miller, J.P., Krausman, Spolzino and Lifson, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM AUDITED
CONSOLIDATED BALANCE SHEET AND STATEMENT OF OPERATIONS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FORM 10-Q FOR THE QUARTERLY PERIOD ENDED SEPTEMBER
30, 1996.
</LEGEND>
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               SEP-30-1995
<EXCHANGE-RATE>                                      1
<CASH>                                      12,102,002
<SECURITIES>                                         0
<RECEIVABLES>                                  913,722
<ALLOWANCES>                                    51,205
<INVENTORY>                                    746,165
<CURRENT-ASSETS>                            13,797,831
<PP&E>                                       6,753,734
<DEPRECIATION>                               1,314,855
<TOTAL-ASSETS>                              20,465,043
<CURRENT-LIABILITIES>                        2,483,542
<BONDS>                                      2,933,234
<PREFERRED-MANDATORY>                       18,087,836
<PREFERRED>                                          0
<COMMON>                                           414
<OTHER-SE>                                  (3,039,983)
<TOTAL-LIABILITY-AND-EQUITY>                20,465,043
<SALES>                                      2,527,896
<TOTAL-REVENUES>                             4,996,964
<CGS>                                        3,194,607
<TOTAL-COSTS>                                4,346,644
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                88,742
<INTEREST-EXPENSE>                             231,718
<INCOME-PRETAX>                             (1,704,862)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (1,704,862)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,704,862)
<EPS-PRIMARY>                                     (.17)
<EPS-DILUTED>                                     (.17)
        

</TABLE>
Exhibit 23.1


                      CONSENT OF INDEPENDENT AUDITORS


         We consent to the incorporation by reference in the registration
statements listed below of our report dated January 22, 2002, relating to
the balance sheets of Official Payments Corporation as of December 31, 2001
and 2000 and the related statements of operations, stockholders' equity and
cash flows for each of the years in the three-year period ended December
31, 2001, and the related schedule, which report appears in the December
31, 2001 Annual Report on Form 10-K of Official Payments Corporation.

         Applicable Registration Statements:
         ----------------------------------
         Registration Statement on Form S-8 (No. 333-95826)
         Registration Statement on Form S-8 (No. 333-38416)

                                               /s/ KPMG LLP


New York, New York
March 29, 2002