alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Thompson and Others *v.*Wilson.

Where property is taken in execution, a bond vdluntarily given by the debt- or and his sureties conditioned for the delivery of the property at the time and place of sale is valid, although it be payable to the execution-plaintiff, instead of to the officer as prescribed by statute.

Where the plaintiff has judgment on demurrer, in debt on bond for the performance of covenants, the Court may assess the damages, by consent of parties, without a jury.

APPEAL from the *Clark*Circuit Court. — Debt by *Wilson*a* gainst *Thompson*and others onabondpayableto the plaintiff, with *359a condition to the following effect: Whereas execution has issued in favour of *Wilson*against *Thompson*and *Naylor,*and the constable haslevied upon theproperty of NayZojy nowif *Naylor*shall deliver the property at the time and place of sale, the obligation to be void. The declaration set out the condition of the bond, and averred a non-delivery of the property. General demurrer to the declaration and joinder. The Circuit Court overruled the demurrer, and with the defendants’ consent assessed the damages without a jury. Final judgment for the plaintiff.

*Thompson*and *Naylor, for*the appellants.

*Momh,*for the appellee.

Blackford, J.

It was the duty of the constable to take a bond payable to himself, if tendered, for delivery of the property. Stat. 1823, p. 84. Here the bond is payable, not to the officer, but to the execution-plaintiff; and, on that ground, the defend'ants below founded their demurrer. The objection to the declaration cannot be sustained. In prescribing one form of a delivery-bond, the legislature has not precluded every other. Bonds for ease and favour, or for indemnifying an officer for a breach of duty, are void by the common law. But this is entirely a different case. The defendant had a right to retain possession, upon giving bond according to the statute. He gave one, variant *from*that prescribed, but for the accomplishment of the same purpose. The plaintiff thought proper to accept it. It was executed voluntarily, and for a valuable consideration. We know of no principle of the common law, nor of any statutory provision, declaring a bond like the present, to be void. *Morse*v. *Hodsdon,*5 Mass. 314. Upon demurrer to the declaration, judgment was entered for the plaintiff; and damages were assessed by the Court without a jury, by consent of the defendants, to the amount of the magistrate’s judgment, with interest and costs (1). There is no error in the proceedings.

*Per Curiam.*

The judgment is affirmed, with one *per*cent. damages and costs.

(1)

T) When the parties in any suit shall, by agreement, submit any matter to the determination of the Court, it may hear arid determine the same without a jury, and give judgment as in other cases. Stat. 1823, p. 297. Vide *Van Fleet*v. Adair, ante, p. 346, and note.
I

105TH CONGRESS

1ST SESSION H. R. 892

To redesignate the Federal building located at 223 Sharkey Street in

Clarksdale, Mississippi, as the ‘‘Aaron Henry United States Post Office’’.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 27, 1997

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

Committee on Government Reform and Oversight

APRIL 24, 1997

Committee on Government Reform and Oversight discharged

APRIL 24, 1997

Rereferred to the Committee on Transportation and Infrastructure

A BILL

To redesignate the Federal building located at 223 Sharkey

Street in Clarksdale, Mississippi, as the ‘‘Aaron Henry

United States Post Office’’.

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

3 SECTION 1. REDESIGNATION.

4 The Federal building located at 223 Sharkey Street

5 in Clarksdale, Mississippi, shall be known and designated

6 as the ‘‘Aaron Henry United States Post Office Building’’.
2

•HR 892 RCH

1 SEC. 2. REFERENCES.

2 Any reference in a law, map, regulation, document,

3 paper, or other record of the United States to the Federal

4 building referred to in section 1 shall be deemed to be

5 a reference to the ‘‘Aaron Henry United States Post

6 Office’’.

Æ
### THE THIRTEENTH COURT OF APPEALS

13

- 15

- 00468

- CR

Darrius Hemmingway

v. The State of Texas

On Appeal from the Criminal District Court of Jefferson County , Texas

Trial Cause No. 13

- 16151

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes that the judgment of the trial court should be AFFIRMED . The Court
orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance.
April 21, 2016
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 975 Introduced in House (IH)]

105th CONGRESS
  1st Session
                                H. R. 975

     To remove a restriction on the authority of the Secretary of 
  Agriculture to enter into agreements with other Federal agencies to 
 acquire goods and services directly related to improving or utilizing 
           the firefighting capability of the Forest Service.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 1997

Mr. Gallegly (for himself, Mr. Cunningham, Mr. McKeon, and Mr. Schiff) 
 introduced the following bill; which was referred to the Committee on 
                              Agriculture

_______________________________________________________________________

                                 A BILL

 
     To remove a restriction on the authority of the Secretary of 
  Agriculture to enter into agreements with other Federal agencies to 
 acquire goods and services directly related to improving or utilizing 
           the firefighting capability of the Forest Service.

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

SECTION 1. ACQUISITION OF GOODS AND SERVICES RELATED TO FIREFIGHTING.

    The Secretary of Agriculture, acting through the Chief of the 
Forest Service, may place an order with a major organizational unit 
within the Department of Agriculture or another Federal agency for 
goods or services directly related to firefighting without regard to 
the restriction contained in section 1535(a)(4) of title 31, United 
States Code, that the Secretary determine that the goods or services 
cannot be provided by contract as conveniently or cheaply by a 
commercial enterprise.
                                 <all>
```
Exhibit 10.23

                        CALIFORNIA WATER SERVICE COMPANY
                     SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

                                 AMENDMENT NO. 3

         WHEREAS, California Water Service Company (the "Company") maintains the
California  Water Service Company  Supplemental  Executive  Retirement Plan (the
"Plan"),  for the  benefit of a select  group of the  Company's  management  and
highly compensated employees;

         WHEREAS,  the Board of  Directors  has amended the Plan to decrease the
number of years required for full vesting in the Plan from 35 years to 15 years;

         NOW,  THEREFORE,  effective  as of January 1, 2003,  the Plan is hereby
amended as follows:

                  3. The table in Section  5.1(a) of the Plan used to  determine
participants' "Normal Retirement Benefits" under the Plan is restated to read as
follows:

                  Years of Service            Percentage

                       5                        11.25%
                       6                        16.13
                       7                        21.00
                       8                        25.88
                       9                        30.75
                       10                       34.63
                       11                       40.50
                       12                       45.38
                       13                       50.25
                       14                       55.13
                       15                       60.00



                                      221
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

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 Amendment No. 2 to the Annual Report of Hill International, Inc. (the Company) on Form
10-K/A for the fiscal year ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John Fanelli III, Senior Vice President and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|1. | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |                                                  
|---------------------- |  | -------------------------------------------------
|By:                    |  | /s/ John Fanelli III                             
|                       |  | John Fanelli III                                 
|                       |  | Senior Vice President and Chief Financial Officer
|                      
|Date: January 13, 2010
**Exhibit 32.2** **CERTIFICATION    OF CHIEF FINANCIAL OFFICER**      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002    (18 USC §1350, as adopted), Daniel J. Miller, the    Chief Financial Officer of PlanetOut Inc. (the    “Company”), hereby certifies that, to the best of his    knowledge:     1. The Company’s Annual Report on    Form 10-K    for the period ended December 31, 2006, and to which this    Certification is attached as Exhibit 32.2 fully complies    with the requirements of Section 13(a) or    Section 15(d) of the Securities Exchange Act of    1934, 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 for the periods presented    therein. **In Witness Whereof,**the undersigned has set his hand    hereto as of the    9th    day of March 2007. /s/  DANIEL    J. MILLER    Daniel J. Miller    Chief Financial Officer     The foregoing certification is being furnished solely pursuant    to 18 U.S.C. Section 1350 and is not being filed as    part of this report. A signed original of this written statement    required by Section 906 has been provided to PlanetOut Inc.    and will be retained by PlanetOut Inc. and furnished to the    Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4846 Introduced in House (IH)]

105th CONGRESS
  2d Session
                                H. R. 4846

 To amend the Internal Revenue Code of 1986 to increase the deduction 
                allowed for interest on education loans.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 15, 1998

 Mr. Campbell introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to increase the deduction 
                allowed for interest on education loans.

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

SECTION 1. INCREASE IN DEDUCTION ALLOWED FOR INTEREST ON EDUCATION 
              LOANS.

    (a) In General.--The table contained in paragraph (1) of section 
221(b) of the Internal Revenue Code of 1986 (relating to general rule 
for maximum deduction) is amended to read as follows:

        ``In the case of taxable years
                                                             The dollar
          beginning in:
                                                             amount is:
                  1999...............................           $2,000 
                  2000...............................           $3,000 
                  2001...............................           $4,000 
                  2002 or thereafter.................        $5,000.''.

    (b) Effective Date.--The amendment made by this section shall apply 
to interest due and paid after December 31, 1998.
                                 <all>
```
#### A. E. Hubbard Admr. *v.*S. D. Witerbower.

Sale, Bill of, Absolute on Its Face — Presumption—Delivery of Possession.

A bill of sale, absolute on its face, and the delivery of possession under, it, together with the legal capacity of the vendor, have the legal presumptions in their favor, which must be overcome by proof, before it will be rescinded.

APPEAL FROM HARDIN CIRCUIT COURT.

April 15, 1869.

Opinion of the Court by

Judge Williams:

This suit was filed by the appellant in May, 1850, to rescind an absolute bill of sale made by decedent in August, 1846, to Winterbower, for a slave girl, nine years of age, at the price of $275, alleging that it was but a mortgage and that there were included in the consideration usury and false fees as a constable *602by appellees. The suit lingered until June, 1868, when the court dismissed it absolutely and which appellant seeks to reverse. About one half the purchase price was paid at the making of the bill of sale, in claims then in Winterbower’s hands for collection as a constable, and for the remainder he executed his note, and made payments thereon from time to time until finallly he discharged it in full. Shortly before Hubbard’s death which occurred some eighteen months after the date of the bill of sale.

*Read, Wilson & Montgomery, for appellant.*

*Wintersmith, Shean, for appellee.*

The possession of the slave was delivered on the making the title thereto. The circumstances and evidence in defendant’s behalf are so nearly equal, if not preponderating over, those in plaintiff’s behalf that it would be entirely unsafe for the exercise of judicial power to rescind-the sale as manifested by the written memorial of title at this date especially as the parties could not be put in statu quo because the negro is now dead and if she were alive would be freed by the constitutional amendment abolishing slavery.

It is not necessary to attempt an analysis of this volume of evidence, for both sides present some rather imposing facts to sustain their side of the issue; but the bill of sale, absolute on its face, and the delivery of possession under it, together with the legal capacity of the vendor, have the legal presumption in their favor; besides being sustained by many imposing proven facts, this volume of proof and the legal presumtions are not overcome by the plaintiff’s proof which they must be in order to a recovery by her.

Wherefore the judgment is *affirmed.*
#### Cunningham *v.*Flinn and Another, in Error.

THIS was an action of covenant for not conveying real estate. The case required, that the declaration should aver that the purchase-money had been paid before the suit was commenced. This was done;- but the day and place of payment were riot stated. *Held,*that as the payment was averred to have been made before the commencement of the suit, the averment was sufficient on general demurrer; that the particular day and place of payment, in such a case, are matters of-form; and that their omission can only he objected to on special demurrer. 27 Eliz. — 4 & 5 *Anne.*— Bowdell v. *Parsons,*10 East, *359.*— Higgins *v. Highfield,*13 ib. 407 *(1)**.*

(1)

 Vide Stat. 1823, pp. 298, 9.
I

105TH CONGRESS

1ST SESSION H. R. 887

To require the Director of the Office of Management and Budget to develop

and implement a system for determining and reporting the number

of individuals employed by non-Federal Government entities providing

services under contracts awarded by executive branch agencies.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 27, 1997

Ms. NORTON (for herself and Mrs. MORELLA) introduced the following bill;

which was referred to the Committee on Government Reform and Oversight

A BILL

To require the Director of the Office of Management and

Budget to develop and implement a system for determining and reporting the number of individuals employed

by non-Federal Government entities providing services

under contracts awarded by executive branch agencies.

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

HR 887 IH

1 SECTION 1. SYSTEM FOR DETERMINING AND REPORTING

2 NUMBER OF INDIVIDUALS EMPLOYED IN PRI3 VATE SECTOR IN PROVIDING SERVICES

4 UNDER SERVICE CONTRACTS AWARDED BY

5 EXECUTIVE AGENCIES.

6 (a) SYSTEM.—Not later than 1 year after the date

7 of the enactment of this Act, the Director of the Office

8 of Management and Budget shall develop and begin imple9 menting a system for determining the number of individ10 uals employed by non-Federal Government entities provid11 ing services under service contracts awarded by agencies

12 in the executive branch of the Federal Government.

13 (b) REPORTS.—On the January 1st following imple14 mentation of the system required under subsection (a),

15 and each January 1st thereafter, the Director of the Office

16 of Management and Budget shall submit to the Congress

17 a report indicating—

18 (1) the number of individuals employed by non19 Federal Government entities providing services

20 under service contracts awarded by agencies in the

21 executive branch of the Federal Government; and

22 (2) the number of individuals employed by non23 Federal Government entities, in jobs comparable to

24 those occupied by career Federal employees, provid25 ing services under service contracts awarded by
3

HR 887 IH

1 agencies in the executive branch of the Federal Gov2 ernment.

3 (c) SERVICE CONTRACT DEFINED.—For the purpose

4 of this section, the term ‘‘service contract’’ has the mean5 ing given such term in part 37 of title 48, Code of Federal

6 Regulations.

Æ
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