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

Intoxicating Liquors — Statute Regulating, to Whom Applicable.

The statute prohibiting the sale of intoxicating liquors, is held to apply generally to all minors under twenty-one years of age, including those who have neither father, mother nor guardian.

APPEAL EROM PIKE CIRCUIT COURT.

December 8, 1870.

Opinion oe ti-ie Court bv

Judge Hardin:

The act of March 2, 1860, “to regulate the sale of spirituous *84liquors” *(Myers Suppt., 517)*declares that “no person shall sell to any white person under the age of twenty-one years, any spirituous or vinous liquors or the mixture of either, unless by the written consent or request of the father of such minor if living, or the mother or guardian of such minor if the father be dead,” and denounces against any one so offending a fine of fifty dollars for each offense. The indictment in this case sufficiently and in apt terms alleges the facts necessary to constitute the offense, if the intention of the statute is to prohibit the practice of selling liquors -to white minors generally, with only an exception as to those having parents or guardians who may consent to or request the selling in writing; but if the intention was only to prohibit the selling to minors of that class, and not to those having neither father, mother nor guardian, then .the indictment is defective in not stating facts showing the minor Taylor, to whom the appellee is charged with selling liquor, to have been of the particular class embraced by the statute.

We regard the statute as intended for the protection of white minors generally from the 'evil practice described, and therefore think the indictment sufficient, and that the demurrer ought not to have been sustained.

Wherefore, the judgment is reversed, and the cause remanded with instructions to overrule the demurrer and for further proceedings not inconsistent with this opinion.
Exhibit 31.1

CERTIFICATION PURSUANT TO 13A-14 OF THE  SECURITIES EXCHANGE ACT OF 1934, AS ADOPTED PURSUANT  TO SECTION 302 OF THE SARBANES-OXLEY ACT

I, GUY A. LONGOBARDO, President and Chief Executive Officer certify that:

1.     I
have reviewed this annual report on Form 10-KSB of ETS Payphones, Inc.;

2.     Based
on my knowledge, this annual 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 annual report;

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

4.     The
registrant's other certifying officers 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 registrant and we have:



5.     The
registrant's other certifying officers and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of registrant's
board of directors (or persons performing the equivalent function):



6.     The
registrant's other certifying officers and I have indicated in this annual report whether or not there were significant changes in internal controls or in other
factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material
weaknesses.

|Date: April 11, 2005 |  |                                                                            
|-------------------- |  | ---------------------------------------------------------------------------
|                     |  | /s/GUY A. LONGOBARDOGuy A. Longobardo President and Chief Executive Officer

---



QuickLinks
#### Cline *v.*Green.

A motion to quash an execution without notice, is irregular, and cannot be sustained.

The plaintiff is considered in Court whilst the suit is pending, but not after judgment is obtained.

ERROR to the *Dearborn*Circuit Court. — -An execution issued in favour of *Cline*on a judgment against Green, whose property was thereupon taken and sold. Afterwards, this execution and the proceedings thereon, upon the motion of Green, and without any previous notice to Cline, were quashed by the Circuit Court, on the ground that the execution had issued without the order of the plaintiff.

Holman, J.

The grounds on which this motion was sustained are unimportant, inasmuch as a previous notice of the motion was indispensible. Every individual has an unquestionable right of being heard when his interest is jeopardised by legal proceedings; but unless he has notice of those proceedings, he has no opportunity of being heard. While a suit is depending the plaintiff is considered in Court, and ready to support his right; but when the judgment is obtained, judicial proceedings are at an end, and the plaintiff is considered in Court no longer* Every objection afterwards made to the manner in which *54the judgment is executed, is, in legal intendment, made without his knowledge, unless he is specially notified thereof. There can, therefore, be no question but that the plaintiff should have had notice of the time when this motion was intended to have been made, that he might have been prepared to have defended himself against its effect.

Lane, for the plaintiff.

*Per Curiam.*

The judgment quashing the execution and subsequent proceedings thereon, is reversed with costs.
CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT

Exhibit 31.1

CERTIFICATIONS

I, KENNETH GALPIN, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Most Home Corp.;

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 registrant as of, and for, the periods presented in this report;

4. The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant 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 registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the registrant'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 registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

5. The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant'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 registrant'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 registrant's internal control over financial reporting.

|Date: March 15, 2006 | /s/ Kenneth Galpin
Kenneth Galpin
President and Chief Executive Officer
|-------------------- | -----------------------------------------------------------------------
105TH CONGRESS

1ST SESSION H. R. 765

AN ACT

To ensure maintenance of a herd of wild horses in

Cape Lookout National Seashore.
105TH CONGRESS

1ST SESSION H. R. 765

AN ACT

To ensure maintenance of a herd of wild horses in Cape

Lookout National Seashore.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 765 EH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Shackleford Banks

3 Wild Horses Protection Act’’.

4 SEC. 2. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT

5 NATIONAL SEASHORE.

6 Section 5 of the Act entitled ‘‘An Act to provide for

7 the establishment of the Cape Lookout National Seashore

8 in the State of North Carolina, and for other purposes’’,

9 approved March 10, 1966 (16 U.S.C. 459g–4), is amended

10 by inserting ‘‘(a)’’ after ‘‘SEC. 5.’’, and by adding at the

11 end the following new subsection:

12 ‘‘(b)(1) The Secretary, in accordance with this sub13 section, shall allow a herd of free roaming horses in the

14 seashore.

15 ‘‘(2) Within 180 days after enactment of this sub16 section, the Secretary shall enter into an agreement with

17 the Foundation for Shackleford Horses (a nonprofit cor18 poration established under the laws of the State of North

19 Carolina) to provide for management of free roaming

20 horses in the seashore. The agreement shall—

21 ‘‘(A) provide for cost-effective management of

22 the horses; and

23 ‘‘(B) allow the Foundation to adopt any of

24 those horses that the Secretary removes from the

25 seashore.
3

•HR 765 EH

1 ‘‘(3)(A) The Secretary shall accommodate the historic

2 population level of the free roaming horse herd in the sea3 shore, which shall be considered to be not less than 100

4 horses and not more than 110 horses.

5 ‘‘(B) The Secretary may not remove, or assist in or

6 permit the removal of, any free roaming horses from Fed7 eral lands within the boundaries of the seashore unless—

8 ‘‘(i) the number of free roaming horses in the

9 seashore exceeds 110;

10 ‘‘(ii) there is an emergency or a need to protect

11 public health and safety, as defined in the agreement

12 under paragraph (2); or

13 ‘‘(iii) there is concern for the persistence and

14 viability of the horse population that is cited in the

15 most recent findings of annual monitoring of the

16 horses under paragraph (4).

17 ‘‘(4) The Secretary shall annually monitor, assess,

18 and make available to the public findings regarding the

19 population structure and health of the free roaming horses

20 in the national seashore.

21 ‘‘(5) Nothing in this subsection shall be construed as

22 creating liability for the United States for any damages
4

•HR 765 EH

1 caused by the free roaming horses to property located in2 side or outside the boundaries of the seashore.’’.

Passed the House of Representatives July 22, 1997.

Attest:

Clerk.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ITEM 8.,
FINANCIAL STATEMENTS AND SUPPLEMENTARY DATA AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-25-1998
<PERIOD-END>                               JAN-25-1998
<CASH>                                          44,586
<SECURITIES>                                     3,150
<RECEIVABLES>                                    1,785
<ALLOWANCES>                                         0
<INVENTORY>                                     57,773
<CURRENT-ASSETS>                               111,091
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<SALES>                                        304,732
<TOTAL-REVENUES>                               304,732
<CGS>                                          195,290
<TOTAL-COSTS>                                   93,049
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<INCOME-PRETAX>                                 17,812
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<INCOME-CONTINUING>                             11,433
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<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    11,433
<EPS-PRIMARY>                                      .64
<EPS-DILUTED>                                      .62
        

</TABLE>
June 22, 1999



John W. Henry & Company, Inc.
One Glendinning Place
Westport, Ct. 06880
Attn: Ms. Beth Kenton

         Re:      Management Agreement Renewal
                  Smith Barney Diversified Futures Fund L.P. II

Dear Ms. Kenton:

We are  writing  with  respect  to  your  management  agreement  concerning  the
commodity pool to which reference is made above (the "Management Agreement"). We
are extending the term of the Management Agreement through June 30, 2000 and all
other provisions of the Management Agreement will remain unchanged.

Please  acknowledge  receipt of this  modification  by signing  one copy of this
letter and returning it to the  attention of Mr. Daniel  Dantuono at the address
above or fax to  212-723-8985.  If you have any  questions  I can be  reached at
212-723-5416.

Very truly yours,

SMITH BARNEY FUTURES MANAGEMENT INC.


By:
         Daniel A. Dantuono
         Chief Financial Officer,
         Director & Treasurer

RECEIVED

JOHN W. HENRY & COMPANY, INC.


By:

Print Name:


DAD/sr
#### Canby *v.*Ingersol.

If a party having covenanted to perform certain work, has performed it hut not agreeably to the covenant, the person for whom it was done may, either expressly or impliedly, render himself liable in assumpsit for the work done.

The special agreement in such case is admissible evidence for the plaintiff, to prove the value of the services rendered.

*Wednesday, May*30.

ERROR to the *Marion*Circuit Court.

Dewey, J.

Assumpsit for work and labour. Plea, the general issue. Judgment for the plaintiff.

The parties made an agreement under seal, by which *Ingersol,*the plaintiff below, agreed to dig certain mill-races for *Ganby,*the defendant below, in a particular manner and by a specified time; and the latter agreed to pay him therefor a designated price. The work was commenced and a part of it performed, under the contract, by the time specified; a considerable portion of it, however, remained undone at that period, but was finished afterwards, with the approbation of *Ganby*and agreeably to his instructions. He erected his mill upon the works, and has used them ever since. The Court instructed the jury, that it was for them to say whether, under the circumstances, *Ganby*had so far waived or abandoned his rights under the special contract, as to render himself liable upon an implied promise to pay *Ingersol*a reasonable compensation for his labour. This charge was excepted to.

We see no error in it. The law is, that when a party has made a covenant to do work, or perform any thing else, and has done or performed it, but not agreeably to the covenant, the party who has received the benefit of the other’s labour or performance, may, either expressly or impliedly, render himself liable in assumpsit; and it is the province of the jury to judge whether he has done so or not. This point was fully considered and settled in the case of *Sinard*v. *Patterson,*3 Blackf. 353.

*494
      *C. Fletcher, O. Butler,*and *W. Quarles,*for the plaintiff

*H. Brown,*for the defendant.

Exception was also taken to the admission in evidence of the special agreement. It appears by the record, that it was introduced by the plaintiff below, and admitted by the Court, only for the- purpose of proving the value of the services rendered. Though it certainly was not legal evidence to sustain the action, we know of no objection to it ás testimony of the value of the work that had been done for the defendant, which would not equally apply to his opinion on that subject expressed in any other manner. We think the evidence was correctly admitted for the limited purpose stated.

*Per*Curiam.

The judgment is affirmed with 5 *per cent.*damages and costs.
<TABLE> <S> <C>

<ARTICLE>5
<LEGEND>
This schedule contains summary information financial information for Marisa
Christina, Inc.'s Consolidated Balance Sheets as of December 31, 1996 and the
Consolidated Statement of Earnings for the year then ended and is qualified in
its entirety by reference to the Company's Form 10-K for the year ended December
31, 1996.
</LEGEND>


<S>                                     <C>
<PERIOD-TYPE>                           12-MOS
<FISCAL-YEAR-END>                       DEC-31-1996
<PERIOD-START>                          JAN-01-1996
<PERIOD-END>                            DEC-31-1996
<CASH>                                  1,004,094
<SECURITIES>                            0
<RECEIVABLES>                           15,120,974
<ALLOWANCES>                            (73,344)
<INVENTORY>                             10,097,123
<CURRENT-ASSETS>                        29,333,530
<PP&E>                                  4,817,052
<DEPRECIATION>                          (2,144,229)
<TOTAL-ASSETS>                          66,199,933
<CURRENT-LIABILITIES>                   11,707,146
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                                85,868
<OTHER-SE>                              54,128,919
<TOTAL-LIABILITY-AND-EQUITY>            66,199,933
<SALES>                                 115,536,726
<TOTAL-REVENUES>                        115,536,726
<CGS>                                   (75,584,880)
<TOTAL-COSTS>                           (29,777,439)
<OTHER-EXPENSES>                        0
<LOSS-PROVISION>                        (309,774)
<INTEREST-EXPENSE>                      (918,189)
<INCOME-PRETAX>                         11,920,367
<INCOME-TAX>                            (4,543,826)
<INCOME-CONTINUING>                     7,376,541
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                            7,376,541
<EPS-PRIMARY>                           (0.87)
<EPS-DILUTED>                           (0.86)


</TABLE>
**EXHIBIT 32.2****CERTIFICATION**     In connection with the quarterly report of Xponential, Inc. (the “Company”) on Form 10-QSB forthe quarter ended December 31, 2006, as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Robert W. Schleizer, the Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:     1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and     2. The information contained in this Report fairly presents, in all material respects, thefinancial conditions and results of operations of the Company.        Date: February 19, 2007 /s/ Robert W. Schleizer   Robert W. Schleizer   Executive Vice President and ChiefFinancial Officer