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In a substantial victory for the life insurance industry on the unclaimed property issue, a West Virginia Circuit Court has held that insurers have no duty to search the Social Security Administration's Death Master File ("DMF") under the 1995 Uniform Unclaimed Property Act as adopted in West Virginia. The court also held that the dormancy period for life insurance proceeds is triggered either by the insured reaching the limiting age or by the insurer's receipt of due proof of the death, and not by the mere fact of the insured's death as argued by the West Virginia State Treasurer. In so holding, the court granted motions to dismiss with prejudice filed by insurers in 63 separate individual actions brought against the industry by the Treasurer. This is a sweeping ruling that rejects the positions taken by a number of state treasurers and insurance departments in ongoing unclaimed property audits, regulatory examinations, and related litigation.
The State of West Virginia, which had largely stayed on the sidelines during multistate audits of many companies, entered the fray in late 2012 by filing 69 separate actions against life insurers. The complaints were identical except for the name of the defendant insurer and its purported West Virginia market share. The suits alleged that insurers have an affirmative duty under West Virginia's unclaimed property statute to search the DMF to determine deaths of life insurance policyholders and to escheat policy proceeds if those proceeds cannot be paid to a beneficiary. The Treasurer also asserted that the dormancy trigger for life insurance proceeds begins to run upon the death of the insured, regardless of whether the insurer has received a claim or proof of death from a beneficiary or other claimant. On these theories, the Treasurer alleged that the defendant insurers had willfully failed to report potentially unclaimed property identifiable through DMF searches.
Most of the defendant insurers filed motions to dismiss the Treasurer's complaints, arguing that there is no statutory duty to search the DMF. The circuit court agreed in an order dated December 27, 2013, and dismissed the cases with prejudice. (Click here for a copy of the opinion.) (Note that Sutherland represents a number of the defendants in these cases and was one of two firms that argued before the trial court.)
First, the court held that "there is no general good faith requirement in the UPA [West Virginia Unclaimed Property Act] that requires insurance companies to search the DMF or other third-party database to determine when an insured has died." The court rejected the Treasurer's argument that the reference to "good faith" in the UPA created such a duty; instead, the court found that the UPA created a standard of good faith only for "a very specific purpose - namely relieving a holder from liability when they make a good faith effort to comply with the UPA."
Second, the court rejected the Treasurer's argument that the dormancy period for life insurance begins to run upon the date of the insured's death, as opposed to the date of proof of death. The court based its holding on an analysis of the West Virginia UPA—which mirrors the 1995 Uniform Unclaimed Property Act—and the West Virginia Insurance Code. Under the West Virginia UPA, the term "property" is defined specifically as "[a]n amount due and payable under the terms of an annuity or insurance policy, including policies providing life insurance."1 As applied to life insurance proceeds, "property" is presumed abandoned "three years after the obligation to pay arose or, in the case of a policy or annuity payable upon proof of death, three years after the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based."2 The West Virginia Insurance Code requires that "[t]here shall be a provision [in every life insurance policy] that when a policy shall become a claim by the death of the insured settlement shall be made upon receipt of due proof of death."3 As the court noted, "this provision in the Insurance Code conditions an insurer's liability upon the presentation of a claim, which requires that a claimant provide an insurer with notice giving rise to liability under a policy."
The court reasoned that the UPA and the Insurance Code must be read together. Therefore, the court concluded that "[i]n the absence of due proof of death, life insurance proceeds are not presumed abandoned under the UPA until three years after the insured reaches the applicable limiting age." Stated differently, "the only two statutory triggers for the unclaimed property dormancy period are receipt of due proof of death and the limiting age." The dormancy period does not begin to run solely as a result of the insured's death. For the Treasurer to argue otherwise constituted an "attempt to rewrite the statute by creating a new category of presumed unclaimed property."
According to the court: "The provisions of the UPA and the Insurance Code are unambiguous and consistent with one another. Based upon the plain meaning of those statutes, the Court finds that the Defendants have no obligation to surrender the life insurance proceeds under the UPA 'until the obligation to pay arises - either upon receipt of due proof of death or once the insured reaches the statutorily imposed limiting age."
The court specifically rejected the arguments made by the Treasurer, stating that they were policy arguments that should be considered by the West Virginia legislature. Indeed, the Court noted that the recent adoption of DMF legislation in several other states was a compelling argument that no such duty existed until such legislation was enacted. The court did not find persuasive the Treasurer's reliance on the U.S. Supreme Court's decision in Connecticut Mutual Life Ins. Co. v. Moore, 333 U.S. 541 (1948), for the proposition that insurance proceeds are presumed abandoned even if the insurer has not received due proof of death. The court distinguished Moore on several grounds and found that it was neither analogous nor controlling. The court also rejected the Treasurer's argument that the proof of death requirement was nullified by the UPA provision that "property is payable or distributable for purposes of this article notwithstanding the owner's failure to make demand or present an instrument or document otherwise required to obtain payment."4 The court held that this provision did not apply because the "due proof of death" requirement "is not a mere administrative requirement for collecting an obligation that is already fixed and certain [but rather] an essential ingredient for creating the obligation (i.e. the 'property') in the first place." Therefore, the court stated that "for life insurance proceeds, there is no 'property' subject to or reportable under the UPA until the beneficiary has made a valid claim and submitted proof of death or the insured obtains the limiting age."
The Treasurer has 30 days to appeal the decision to the West Virginia Supreme Court, which is the state's only appellate court. The Treasurer is expected to appeal.
The West Virginia decision is one of several cases that could result in appellate court rulings in 2014. The Florida Court of Appeals is also set to address the issue of the dormancy trigger for life insurance proceeds in an appeal of an administrative ruling by the Florida Department of Financial Services, in In re: Petition for Declaratory Statement of Thrivent Financial for Lutherans, Case No. 137963-13-DS. (Click here for Sutherland's Legal Alert on the Thrivent case.) Also on appeal to the Florida Court of Appeals is a trial court decision that the Florida unclaimed property statute does not impose on insurers a duty to search the DMF. See Total Asset Recovery Servs. LLC, v. Metlife, Inc., Case No. 2010-CA-3719 (Fla. Cir. Ct. Aug. 20, 2013). Elsewhere, the U.S. Court of Appeals for the First Circuit will consider whether insurers have a duty to search the DMF under Massachusetts and Illinois law in an appeal brought by private plaintiffs in Feingold v. John Hancock Life Insurance Co., No. 1:13-cv-10185-JLT, 2013 WL 4495126 (D. Mass. Aug. 19, 2013) (Click here for Sutherland's Legal Alert). Next, litigation in Kentucky regarding the constitutionality of recent legislation imposing a DMF search requirement is now on appeal to the Kentucky Court of Appeals. United Ins. Co. of Am. v. Kentucky (Ky. Cir. Ct. April 1, 2013) (Click here for Sutherland's Legal Alert). And, in the first litigation arising directly out of the ongoing unclaimed property audits, an insurer is appealing a preliminary injunction issued by a California Superior Court ordering the company to turn over to state auditors all data and documents requested by the State in the course of an unclaimed property audit. Chiang v. American National Insurance Company, Case No. 34-2013-00144517 (Sup. Ct. Sacramento Cal. Oct. 9, 2013). The California Court of Appeals will consider the question of what information must be turned over to the state in an audit. These and other issues will also continue to play out in ongoing unclaimed property audits and market conduct examinations.
1 W.Va. Code§ 36-8-1 (13)(vi).
2 W. Va. Code § 36-8-2(a)(8).
3 W. Va. Code § 33-13-14.
4 W. Va. Code § 36-8-2(e).
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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Eversheds Sutherland (US) LLP
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Ever since a cadre of politicised hippies tore down the fence at the 1970 Isle of Wight Festival, the more anarchically inclined of rock fans have demanded that "music be free", contending that pop's position under the entertainment industry umbrella fatally compromises its aesthetic and political freedom. Now, as Radiohead offer their album In Rainbows to the world potentially for as little as a penny apiece, that revolutionary ambition is upon us.
Ironically, it has been triggered not by penniless hippies in some inner-city squat, nor by indie-label firebrands, but by one of the biggest bands in the world, whose rise occurred under the stewardship of EMI, the UK's bastion of corporate entertainment for over three-quarters of a century. And piling irony upon irony, far from having their aesthetic and political freedom compromised by the relationship, Radiohead have actually grown more artistically adventurous with each successive album, and remain one of the industry's most politically engaged acts.
Under the new set-up, fans will be offered the chance to buy the band's album for whatever they deem appropriate. Most will pay between £1 and £5, which seems reasonable. Those desperate for a more physical artefact are offered a high-quality vinyl double-album package with lavish artwork and an extra CD of otherwise unavailable tracks, for £40 – and even at that price, the band will sell shedloads. The CD version of the downloads, it's reported, will creep out sometime next year.
The move has been widely viewed as the inevitable corollary of the rise of digital downloading, which in less than a decade has all but demolished the old retail sector. It's shocking to consider that Napster, the website that established the notion of free access to music via file-sharing, was only started in 1999; but by 2001, it had a worldwide user base of more than 26 million fans, all looting whatever music they could find. The mainstream industry, unable or unwilling to see beyond the hardware forms – vinyl, CD, cassette – that were the backbone of their business, was blind-sided by the file-sharing boom, and instead of seeking some form of accommodation with downloaders, initially reacted by trying to criminalise them: acts such as Metallica and Dr Dre instigated legal action against Napster in 2000, and the following year A&M Records sought an injunction preventing its copyrighted recordings from being offered via the website.
The RIAA (Recording Industry Association of America) began sueing individual alleged file-sharers, an aggressive policy that backfired somewhat when the organisation appeared to be bullying victims including a 12-year-old girl, a 66-year-old woman allegedly downloading gangsta-rap, and, in 2005, a woman who had died the previous year, aged 83. To date, they have instigated over 20,000 cases.
But not everyone believed Napster was entirely damaging to a record's sales potential. Some felt the opposite was true in many cases – that the exposure afforded by file-sharing could stimulate sales. This was proven in 2000 when tracks from Radiohead's Kid A appeared on Napster three months before the album's official release. An unflinchingly experimental album, significantly different in style from OK Computer and featuring no obvious singles, it was a challenging work, yet despite the millions of free downloads, it still became the band's first American chart-topper. Previously, their best placing had been the lowly 21 achieved by OK Computer. Clearly, Napster had not harmed its prospects, and it could be be argued to have provided invaluable promotional assistance.
The industry came to realise that the larger war was lost and started developing relationships with "legal" download services such as Apple's iTunes, belatedly tapping into the revenue stream facilitated by the popularity of the iPod. The effect on retailers, however, has been catastrophic. The big chains, such as Virgin, struck deals allowing them to sell CDs at a more competitive price, but the smaller-volume operators – the independent shops that sustained the indie fringe – have been unable to compete and are disappearing. Record labels, meanwhile, are struggling to find a new role within the industry, with many forced into the current, seemingly endless, round of mergers.
Radiohead are not the only act to embark on this strategy – their announcement was followed by a similar offer from Alan McGee on behalf of The Charlatans' next album – but they are the biggest. In recent years, however, their sales have declined; after Kid A, the Amnesiac and Hail to the Thief albums could only manage gold certification in America, which has led some to speculate that the new strategy may be a means for the band to compensate for declining popularity by keeping a larger proportion – indeed, 100 per cent – of sales revenue, rather than the small share previously offered by Parlophone.
The band, originally called On A Friday, signed a six-album deal with Parlophone in 1991 after a chance meeting between the label's Keith Wozencroft and guitarist Jonny Greenwood in the Oxford record shop where the latter worked. They changed their name to Radiohead (after a track on Talking Heads' True Stories) and began recording their debut album Pablo Honey. Their first single, "Creep", a V C double-edged exercise in ironic self-deprecation, reflected the band's admiration of the Pixies, but was poorly received on its first release; Radio 1 considered it "too depressing" to play. But the song built a following in America, where its smouldering dynamic and cathartic chorus slotted neatly into the prevailing grunge aesthetic. It remains their biggest hit, and helped hoist Pablo Honey to a respectable chart position, just outside the Top 30.
But as their American promotional tour stretched into its second year, the band grew bored with playing the songs they had written years before and almost broke up. Keen to distance themselves from "Creep", their follow-up album The Bends featured the kind of artistic volte-face that sends chills down label bosses' spines, with the band re-establishing themselves as an arena-rock outfit with the ability to inject powerful emotional content into complex musical structures. "When The Bends came out," drummer Phil Selway later said, "everyone went on about how uncommercial it was. Twelve months later, it was hailed as a pop classic. The record company were worried there wasn't a single on it, and we ended up with five Top 30 hits from it."
The Bends might have scared their label, but its unprecedented blend of melodic prog-rock and soul would serve as the template for an generation of lesser talents, most notably Coldplay. Their stature was also rising among their peers, with REM's Michael Stipe – whose idealism and idiosyncratic appearance made him an obvious role model for singer Thom Yorke – admitting that he was scared by how good they were. "Thom Yorke, with 'My Iron Lung', that's just an amazing metaphor to put into a song," Stipe gushed to me in 2001. "Stuff like that just makes me want to work harder and write another song that's as good as that."
The reception accorded OK Computer in 1997 suggested that Stipe's admiration was shared by millions, as this complex work became their most popular album. Yorke admitted he was surprised at the reception, saying: "What really blew my head off was the fact that people got all the things, all the textures and the sounds and the atmospheres we were trying to create." The subsequent world tour was filmed for a fly-on-the-wall documentary, Meeting People is Easy, a film that revealed the band's growing distaste for the music business as they laboured through a gruelling year of concerts. In the year after the tour's conclusion, their only public appearances would be at a couple of benefit concerts for Amnesty International and the Tibetan Freedom Movement, indications of the growing political engagement of Yorke.
Since then, Yorke has used his rock-star profile to bring Good Causes to his fans' attention, advising them to read books such as Naomi Klein's anti-corporate tract No Logo and Alastair McIntosh's Soil and Soul: People Versus Corporate Power, an account of the author's campaigns to prevent industrial despoliation of Scotland's Western Isles. More recently, the singer has bitten the bullet avoided by most stadium-rockers, and criticised the "ridiculous" amount of energy needed to fuel large-scale concert events – even threatening to cease touring the more far-flung destinations unless steps were taken to reduce carbon emissions.
After OK Computer, Radiohead came close to splitting up. Yorke suffered severe depression, which led to writer's block, and the members' different ideas as to their future direction seemed to presage solo careers. But again they reinvented themselves, turning from guitar-based rock and creating music heavily influenced by jazz, electronics and the avant-garde. The sessions furnished two of the most unusual albums ever to top the album charts, 2000's Kid A and, a year later, Amnesiac. Sales were understandably lower than those of OK Computer, but the return of their familiar, crowd-pleasing guitar-rock style alongside the more recent electronic passages and experimental developments on 2003's Hail to the Thief restored a certain equilibrium to their progress.
Hail to the Thief was the final album delivered under Radiohead's original Parlophone contract, and more cynical observers saw its restoration of relative sonic normalcy as an attempt to bolster the band's commercial appeal to suitors, which for a gold-chip act like Radiohead would include virtually every major label. But as the years passed, no deal was done. The band was clearly in no hurry to get into bed with the corporate world again, as Yorke and Greenwood took time out to make solo albums. Then, suddenly, the announcement that In Rainbows would be sold directly by the band, cutting out the various middlemen and the cosy industry practices weighted so heavily in the labels' favour. And one can only imagine the trauma wrought in record-label boardrooms by their decision to charge whatever purchasers deemed appropriate.
Radiohead's decision is only the latest, if the most damaging, nail in the coffin of the mainstream music business. Not that the labels' clients will be wasting their tears; for decades, artists have complained about the inequity of contracts, with their inbuilt skimming of 10 per cent to cover "returns" of damaged copies (even on supposedly indestructible CDs), and the way that instead of receiving the same percentage of revenue from the higher-priced CD as from vinyl, artists were routinely offered the same sum. And for decades, all but the most powerful artists were unable to do anything about it. At the other end of the scale, naive young bands who accepted huge advances would discover, when they were less successful than expected, that they were heavily in debt to their label and prevented from releasing material elsewhere until it was paid off.
A spendthrift, short-term culture prevailed at many labels, in which vast sums were expended promoting singles acts who would never recoup it in album sales, while longer-term prospects were deprived of the support that might help their careers blossom. Back in the Sixties, even a lower-division journeyman rock band like Budgie got to make a handful of albums before they were dumped; by the Nineties, successful indie acts with hit singles were being cut adrift prematurely, often because label bosses were "slimming down" the artist roster to just a few stars and steady sellers to make their company more attractive to potential purchasers.
It was a climate that bred waves of artist disaffection. When the likes of Prince and George Michael declared themselves little more than "slaves", the general reaction was one of incredulity; but if stars of that magnitude felt hard done by, just imagine how demoralised and crushed the ranks of lesser earners must have felt. And when artists such as Bob Dylan, Paul McCartney and most recently Joni Mitchell would rather do business with a company like Starbucks than with the established labels, something is drastically rotten in the state of Denmark Street.
Digital downloading has turned the entire industry on its head. Facing sharp falls in album sales, established acts have re-thought their approach. Until recently, a band would tour primarily to encourage sales of their album. Now, the Stones, for instance, make vastly more money out of concert tickets and merchandising than from record sales. For Prince, it's well worth giving away his new album to promote his profitable run of shows at the O2 Centre.
But Radiohead's decision to, in effect, give away their album hoists the whole issue on to a much higher level, prompting a slew of thus-far-unanswerable questions. Such as: won't fans expect to get all music for free, even that made by penniless acts? How does a small act establish and develop itself, without sales income or label assistance? Indeed, why bother making records at all, when the promotional effect on club gigs results in such low returns? What happens to the staff laid off when record shops close? And doesn't this simply establish a new class division, between those who are able to own and operate computers and those who are denied access – how do they get to enjoy In Rainbows?
I've no idea but, for the moment at least, the pay-what-you-like strategy affords punters the opportunity to make sharp critical assessments where they really hurt: right there in the musicians' pockets. So: shrewd or stupid? You be the judge.
'In Rainbows' is available on 10 October on www.radiohead.comReuse content

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MIDDLEBURY — You'll have to excuse educators with the county's Diversified Occupations (D.O.) program if they are a little perplexed these days.
On the one hand, the Vermont Public Broadcasting Service has just hailed D.O. as one of four exemplary "champions" of education in Vermont for 2015, an honor that will include an award and a televised tribute during the month of September.
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MIDDLEBURY — If the first-ever Middlebury New Filmmakers Festival (MNFF) were to be judged by the rating scale coined by the late movie critics Gene Siskel and Roger Ebert, it would certainly earn "two thumbs up."
Way up.
The festival, which ran last Thursday through Sunday, exceeded expectations for attendance, film submissions and the enthusiasm with which it was embraced and supported by the community, according to MNFF founder and board President Lloyd Komesar, who on Monday was already thinking ahead to next year's edition.
MIDDLEBURY — Edgewater Gallery in Middlebury will host Anna Dibble's upcoming compelling and very personal exhibit, "Lest Our Vine End (L.O.V.E.)" The September exhibit includes an opening reception on Friday, Sept. 11, from 5-7 p.m., and an artist talk titled "Crossing Places" on Saturday, Sept. 12, from 3-5 p.m.
ADDISON COUNTY — As property tax bills arrive in the mailboxes of residents in the five towns of the Addison Northeast Supervisory Union (ANeSU), homeowners in Monkton and New Haven will see the overall tax rates fall compared to last year, while those in Lincoln, Starksboro and Bristol will see their overall tax rates rise.
Municipal tax rates increased in Bristol and Lincoln, and decreased in Monkton, New Haven and Starksboro. Education taxes increased in all towns except Bristol, where they decreased slightly.
CORNWALL — Cornwall residents on Thursday will get a chance to weigh in on a proposed bylaw that could give the community some control over future solar arrays pitched in town.
The Vermont Public Service Board has permitting authority over renewable energy proposals in the state. While town officials and neighbors can provide feedback to the PSB on specific solar, wind and hydro projects, such proposals do not have to undergo local permitting review.
ST. ALBANS — More than 200 people packed the Bliss Auditorium in St. Albans last Wednesday night, many of them holding signs expressing their anger over the growing blue-green algae problem in Lake Champlain, to listen to a presentation on the Environmental Protection Agency's (EPA) plan to clean it up.
One of the attendees brought a startling visual: A bright green jar of blue-green algae, which sat at the head table of speakers during the meeting called to lay out the EPA's Total Maximum Daily Load (TMDL) target to the public.
FERRISBURGH — On Aug. 24, Lake Champlain Maritime Museum's schooner Lois McClure left her home port on a very important mission — getting ship-shape in anticipation of her 12th year of operation.
Her destination was the New York State Canal Corporation shipyard at Waterford, N.Y., where a team of shipwrights working with David Short of North Atlantic Shipbuilding and Repair, of West Montville, Maine, will replace any worn, damaged or rotted planking and timbers and recaulk seams.
LINCOLN — Town Highway 1 Bridge 19 located on East River Road in Lincoln opened to all traffic this past Thursday evening at 6:20 p.m. — on schedule. The bridge closed on July 8 to all traffic and was scheduled to remain closed until Aug. 27.
MIDDLEBURY — The town of Middlebury has successfully applied the brakes on a $55 million, three-year fix for its two downtown rail bridges and is now sitting in the driver's seat in planning a project the community hopes will be less of an impact on local merchants, residents and shoppers.
NEW HAVEN — A standing-room-only crowd packed the meeting room at the New Haven town offices Monday night to hear a proposal for a renewable-energy transmission line project that would bring 400 megawatts of wind power and hydropower from upstate New York into the New England grid at the Vermont Electric Power Co. (VELCO) substation in New Haven.
While some welcomed the potentially huge property tax payments the project would bring to New Haven, others worried that it would have an undue adverse impact on the rural landscape.
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check if Facebook like button liked on my webpage
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It was a matter for the discretion of the trial judge whether a plaintiff's spent convictions should be admitted in evidence under section 7(3) of the Rehabilitation of Offenders Act 1974.
The Court of Appeal dismissed an appeal by the plaintiff, Gabriel Thomas, against the decision of Sir Michael Davies, sitting as a High Court judge on 8 March 1995.
The plaintiff, a limbo dancer of considerable reputation, was arrested at 2 am on the morning of 28 May 1990, as he left the stage door after giving a charity performance at the London Arena in Docklands, and was charged with threatening behaviour. He claimed he was subjected to abusive and racist remarks, brutally manhandled and arrested without lawful cause. The arresting officers denied this and denied they had used excessive force.
The plaintiff was tried for the offence of threatening behaviour and was acquitted. He then sued the police claiming damages for assault, damage to property, false imprisonment and malicious prosecution.
At the trial of his action before the judge and a jury, the question was raised, in the jury's absence, whether two previous convictions of the plaintiff could be put to him in cross-examination. One, from 1980, was for unlawful wounding; the other, from 1983, for criminal damage. Both convictions were spent for the purposes of the Rehabilitation of Offenders Act 1974 so that, by virtue of section 4 of that Act, they could not be admitted unless they fell within the exceptions provided for by sections 7 and 8. Section 7 provided:
(3) If at any stage in any proceedings before a judicial authority in Great Britain . . . the authority is satisfied, in the light of any considerations which appear to it to be relevant . . . that justice cannot be done in the case except by admitting or requiring evidence relating to a person's spent convictions . . . that authority may admit . . . the evidence . . .
The judge allowed the evidence to be admitted on the ground that the plaintiff gave the impression of being well spoken and respectable and in view of his convictions that might leave the jury with a false impression of his reliability and credibility.
Lord Gifford QC and Paul Kishore (Harris & Co, Southwark) for the plaintiff; Jonathan Loades (Metropolitan Police Solicitor) for the commissioner.
Lord Justice Evans said that section 7(3) was expressed as a qualification to the general rule of exclusion in section 4(1) and there was a strong presumption against permitting cross-examination or admitting the evidence, but the section also emphasised that the discretion was a broad one.
The judge might take into account "any considerations which appear . . . to be relevant", and the overriding requirement was that "justice shall be done".
The question raised by section 7(3) had to be answered by the judge although it was not a matter of law, nor could it be answered by logic or by any process of reasoning alone. A negative answer would be required where the previous conviction was so obviously irrelevant both to the issues in the case and to the moral standing of the witness that a reasonable jury could not properly take it into account when deciding whether to believe him or not.
But the interests of justice were synonymous with a search for the truth, and the judge had to recognise that a reasonable jury might take a wide range of factors into account when deciding which witnesses to believe and therefore where the truth lay. It was also his responsibility to consider whether the likely significance of the fact of a previous conviction in the jury's eyes was such that they might be unfairly prejudiced against the witness in question.
If the evidence had any relevance, it had some potential for prejudice. The degree of relevance could be weighed against the amount of prejudice and other factors could be taken into account.
In the present case, the judge decided the jury should have a full picture of the plaintiff and his history, not limited by his deemed good character under section 4 of the act. His decision was a valid exercise of his discretion under section 7(3).
Paul Magrath, BarristerReuse content


text:
> From: jim singer <email@example.com>
> marge, as you know, this is not exactly moss country. but what
about moving
> that rock one wants moss to grow on to a mossy place? if ever the
moss is
> established on the rock, might it not have an increased chance of
> when the rock is moved to wherever it may be that the moss grower
> moss? [can't belive i wrote that ;>) heeheehee]
Actually, (I think, if I read you right) yes, that does work, given
that the conditions where the rocks you want moss on are the same as
those were where you lifted the mossy rock. (Why is this topic
creating such convoluted sentences?)
At least, I assume it will work for rocks. I have done exactly this
with moss growing on bark and, after about 3 years, I see that the
spore are germinating and growing on the logs where I wanted it
to...I moved sections of mossy bark next to and on top of logs I
wanted moss on...
This is not a fast process...like I said, it's take about 3 years for
this to happen on the wood.
Marge Talt, zone 7 Maryland
Editor: Gardening in Shade
Current Article: Wild, Wonderful Aroids Part 3 - Amorphophallus
Complete Index of Articles by Category and Date
All Suite101.com garden topics :
To sign-off this list, send email to firstname.lastname@example.com with the
message text UNSUBSCRIBE GARDENCHAT


text:
I'm Michał Masłowski. I'm a software developer interested in software user's freedom.
I use and recommend Debian GNU/Linux, running the latest stable release on most of my computers (with Sid on my laptop and personal desktop).
Bookmarks are an important browser feature for me. They are one of the reasons why I consider only forks of Mozilla Firefox acceptable for use as a main browser. However, I'm not satisfied with their performance, user interface nor synchronization, so I wrote several bookmark managers. Forget was my first working attempt: a Python application accessing an SQLite 3 bookmarks database (with a much simpler schema than Mozilla's Places). It got too complex, had no good user interface and no synchronization support, so I rewrote the needed features as shell and Python scripts operating on a recfile. It works mostly well with my current database of more than 10 000 bookmarks stored in a Mercurial repository.
As a fan of SQL and relational databases, I often use SQLite in my programs (or PostgreSQL if it's big or serious enough). Contributing to GNU Recutils I've experienced that human-editable text databases can be more useful, like for my bookmarks database (while I initially wanted better performance than in SQLite-based browser code). During a GSOC project, I've also learned how to implement a btree index and gained API design experience that probably makes my newer programs easier to debug and test.
My collection of notes and unpublished texts has grown, so I started Lethe, a personal wiki Web application storing data in a DVCS repository, so I could more easily search them and synchronize between my computers. It's designed for storing simple notes with metadata and merging histories adding unrelated notes. (It was also intended as a yet another browser bookmark manager.) It's incomplete.
As an IB DP student, I helped my school typeset certificates of attendance for their international programmes. This project evolved into Coala, a Django Web application using a simplification of my vastly too complex LaTeX macros. It's designed to avoid most retyping and introducing most typos and errors that I couldn't have predicted without making them myself.
I use GNU Emacs for most of my text editing activities (including email), although I have never found a problem there motivating me to contribute.
Digital typography is one of my rarely practiced interests. I like the idea of Metafont and I have used it for some projects, although I haven't designed any fonts worthy of publication.
This site is hosted on a Linode VPS. The server accepts most of its services via IPv6, I consider it an important technology for the idea of a free Internet with equal collaboration of peers. Thanks to Let's Encrypt, it uses HTTPS in a mostly automated way that I can recommend to others.
I have a blog with some possibly useful articles (mostly related to software).
You may contact me via email
or IRC (
mtjm on
I support the use of cryptography to protect privacy of individuals (but not to increase control over them by methods like Digital Restrictions Management). Therefore for all emails I use GnuPG with the public key available here.
The 'ł' in my name is a Polish letter pronounced as /w/ (like in
English 'word'). In TeX it is written as
\l, in
Texinfo as
@l, in Unicode it is U+0142, in XML and
ł may be used.


text:
Chevron now at highest partnership status with Hornets
NEW ORLEANS— The New Orleans Hornets announced today that Chevron Gulf of Mexico Business Unit, has demon-strated their commitment both to the organization and to the community as they have reached the highest partnership status, at the Crescent City Champion level, with a partnership centered on education and rebuilding in the community. Chevron joins existing Crescent City Champions Cox Communications, 7-Up and Ochsner Health System, and Entergy, each of whom have fully integrated partnerships which are activated through every aspect of the Hornets sponsorship asset mix.
"As we continue to move towards our goal of keeping the Hornets in New Orleans, establishing strong corporate support is imperative," said Hornets President Hugh Weber. "Having partners like Chevron will help us lay the groundwork to reaching that goal."
The announcement comes in the midst of the Hornets "I'm In" campaign, as the team pushes to reach a season ticket base of 10,000 and to increase the commitment and terms of sponsorship agreements for next season and into the future.
Tom Ward, Senior VP of Corporate Partnerships of the Hornets, said, "We are thrilled to add Chevron to our strong base of Crescent City Champions. Chevron has been a great partner of the Hornets, and we appreciate that they have stepped up to support us and to demonstrate that they are, indeed, 'in'." "Their recent commitment to the Crescent City Champion level is a substantial step in keeping the Hornets in the Crescent City and their investment in the MVP and Mathletes community programs will play an instrumental role in fueling the education of our children who are the future of this city.
Chevron has been a longstanding partner of the Hornets. The foundation of the partnership has been the Most Valuable Pupil program, in which the Hornets conduct "the largest classroom" in the state of Louisiana on Martin Luther King Day each season. This past season, Chevron joined several other Hornets partners to present "Believe in Blue", a campaign to raise awareness and funds for communities affected by the Macondo incident. Over $200,000 were raised through these collective efforts.
"Chevron has partnered with the New Orleans Hornets for the last two seasons where we have proudly built numerous corporate and community programs" said Vice President of Chevron's Gulf of Mexico Business Unit, Warner Williams. Chevron teaming up with the Hornets on programs such as the Most Valuable Pupil (MVP) and Mathletes are winning examples of how working together, we are investing in the educational foundation which is an important factor in the eco-nomic growth and well-being of the Gulf Coast communities in which we live and work.
"We feel so strongly about the value of our partnership with the Hornets that we have seen fit to grow it each season. Now, we are proud to join the elite group of Hornets partners and to look forward to the future of the business relationship."
- Log in to post comments


text:
Entrepreneurship News
Obama Hails Dartmouth Fellow at Young African Leaders Event
August 4, 2015 | Dartmouth Now
White House summit culminated leadership, entrepreneurship training at US colleges.
How We Launched a Successful Distillery
August 4, 2015 | Entrepreneur
A profile piece on a California-based craft-distillery, Ventura Spirits Company, started by Andrew Caspary Th'06.
Nadworny: Young African Leaders Initiative
July 28, 2015 | Vermont Public Radio
"I've been teaching 25 African entrepreneurs at Dartmouth ... The focus is design, innovation and entrepreneurship."
Dartmouth Names New Director of Technology Transfer
July 8, 2015 | Dartmouth Now
Nila Bhakuni joins Dartmouth engineering professor Tillman Gerngross on the Office of Entrepreneurship and Technology Transfer executive team.
Young African Leaders Learn Entrepreneurship at Dartmouth
July 1, 2015 | Dartmouth Now
A "Design Thinking" session led by engineering Professor Peter Robbie is part of Dartmouth's program for 25 participants in Obama's Young African Leadership Initiative (YALI).
Dartmouth to Host Mandela Washington Fellowship for Young African Leaders
June 15, 2015 | The Dickey Center
For the second year, Dartmouth welcomes 25 of Africa's brightest emerging business leaders and entrepreneurs for a six-week academic and leadership institute.
Portraits of Leadership: 2015 Class Marshals
June 12, 2015 | Dartmouth Now
Meegan Daigler '14 Th'15 and Drew Matter Th'15 were chosen to be class marshals by their fellow students for their enthusiasm, integrity, and more.
Business decisions
June 12, 2015 | Science
Professor Laura Ray, founder of two firms based on her work in acoustics and signal detection, comments on the journey from research discovery to a commercial product.
Dartmouth Researchers Take Aim at a Deadly Infection
May 28, 2015 | Vermont Public Radio
Professors Karl Griswold and Chris Bailey-Kellogg are researching ways to redesign a protein capable of killing deadly MRSA bacteria.
The Oprahs Of Biotech: People Who Can Go By First Name Only
April 10, 2015 | Forbes
Dartmouth engineering professor Tillman Gerngross has become of the few people in biotech who the insiders know by first name alone.


text:
Need a Varicella Titer in New Smyrna Beach, FL? Simply order online 24/7 and get a fast, affordable Varicella Titer at a lab near you (Find More Locations):
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text:
KARACHI: Pakistan's Mohammad Aamer will return to Pakistan on February 26 after getting his passport from the British government, Aamer's brother Saleem confirmed.
Aamer, who was convicted of spot-fixing and given a sentence of six months, also faces a ban of five years on playing cricket from the International Cricket Council (ICC).
The former fast bowler will be appealing his ICC ban with assistance from the Pakistan Cricket Board (PCB).
Two other Pakistani cricketers, Mohammad Asif and Salman Butt were also convicted of spot-fixing last year and are still serving their jail terms.


text: Item is not available Find Another One Others Looked At... Winchester Model 70 Classic Laminate in ... SELLER: SHORE SPORTSMAN 1 $599.00 Winchester 70 Safari Express .416 Rem 24... SELLER: Ammo And Arms 1 $1,329.99 Winchester 70 Safari Express .375 H&H Ma... SELLER: Ammo And Arms 1 $1,329.99 Winchester 70 Featherweight .270 WSM 24"... SELLER: Ammo And Arms 1 $879.99 Winchester 70 Featherweight .300 Win Mag... SELLER: Ammo And Arms 1 $879.99 Winchester 70 Featherweight .300 WSM 24"... SELLER: Ammo And Arms 1 $879.99 Guns Rifles Winchester Rifles Modern Bolt Auto Single Model Post Winchester Model Coyote Varmint WIN New | 762 | 24 | Lc | 328.1262ms Winchester Model 70 Coyote Varmint 308 WIN New For Sale from Boise Gun Company | Positive feedback: 89% View | Verified Seller | 1657 Completed Sales View Sellers Items This item is no longer available. /UserImages/194/973859023 4247213.jpg /UserImages/194/973859023 4247214.jpg /UserImages/194/973859023 4247215.jpg /UserImages/194/973859023 4247216.jpg /UserImages/194/973859023 4247217.jpg /UserImages/194/973859023 4247218.jpg /UserImages/194/973859023 4247219.jpg /UserImages/194/973859023 4247220.jpg /UserImages/194/973859023 4247221.jpg /UserImages/194/973859023 4247222.jpg Description Shipping and Payment More Info Winchester Model 70 Coyote Varmint 308 WIN New Model: Model 70 Coyote Varmint Manufacturer's Product Number:535144220 Condition: New In Box Caliber/Gauge: 308 WIN Serial Number: 35CZY05185 Action: Bolt Action Rifle Metal Finish: Stainless Steel Receiver/Frame: Steel receiver Barrel Length: 24" Steel threaded barrel Stock/Grips: Thumbhole grey laminated stock L.O.P.: 14" length of pull over original pad Optics: Drilled and tapped for scope mount Sights: None Accessories: Lock, thread protector Box: Cardboard Winchester box Manual: Included Comments: New In Box Log: 38990 (A053) Buyer must pay $30.00 shipping to the lower 48 states. Alaska and Hawaii must pay $35.00 for hand guns $50.00 for long guns. Firearms must be shipped to an FFL Payment must be made with cashier's check or money order; no personal checks. If paying with credit card, a 3% charge will be added to the final price. Idaho residents must also pay 6% sales tax. Payment must be received within 7 days. We are on Facebook, or follow us on Twitter! @BoiseGunCo Trades Accepted: We offer no terms or trades. Payment can be made by cashier's check, money order or credit. If paying by credit card, a 3% charge will be added to the final price. Boise Gun Company specializes in collectible firearms and has over 6000 firearms in store. If you have any questions, feel free to email us, or give us a call between 10am-6pm Mtn Mon-Sat. All prices reflect a 3% cash discount. Condition: New In Box Brand: Winchester Model: 535144220 Caliber: .308 Winchester (7.62 NATO) Location: ID Share Item Item #: 973859023 Stock No.: Log: 38990 This item is no longer available. Price: Shipping: See Description (or Arrange local transfer) Accepted Payment Methods: Returns: 3 Days Boise Gun Company Seller Since: Feb. 2000 Seller Level: Trusted Seller This seller is an FFL City: Nampa State: ID Your Recently Viewed Items


text:
Sharing is helping.
We offer you this space to share your knowledge about Magento and learn from our experienced customers.
Home › Forums › Theme Forum › HelloUno › installation › Reply To: installation
What is "install the theme correctly"? I'm trying to follow the install directions but they don't work. The theme says it is compatible with Magento 1.4, but the directions look like they are for 1.3. Speaking of, I've seen 3 separate directions:
1. included with theme download
2. directions you provided (http://www.hellothemes.com/uncategorized/how-to-install-theme/)
3. the video that was not recommended
The provided instructions with the theme download states that HELLOTHEMES would prefer us to use the HelloUpload extension to install the theme. I can't find that extension anywhere. The forum here says to not use it as it's not working properly.
I don't even know which method to use anymore! To date, I've attempted to copy the theme files using three methods:
1. GUI FTP: Dragged app, skin, and media to my magento root folder, overwriting when prompted.
2. Shell: cp -R app skin media /var/www/magento (source files are in hellouno/theme)
2. Shell: cp -Rn app skin media /var/www/magento (this was the noclobber method)
For me, methods 1 and 2 produced the same results. 3 didn't overwrite the files where necessary so I know that's not the correct way at all.
I restored the original app/skin/media folders and attempted again, using the link to the directions you provided. I get the same problem. Homepage appears fine, product pages don't display properly. (Added the Static Blocks and Pages both seem to work fine)
I even went as far as to manually place each and every file from the hellouno theme into the location on the web server. Same results as the copy file methods 1 & 2 I listed above. I clicked around on different products. Looks like some work, some don't. Maybe that's how it was working before. I compared products that work and those that don't, in particular the Design section for a product. A particular option isn't selected for either, as indicated by the option "– Please Select –".
After this manual method, I notice that I can't get to any of the other pages, such as:
Checkout (https://mydomain.com/checkout/onepage/)
Wishlist (https://mydomain.com/wishlist/)
I assume they weren't working before either, just never tried them until now. Other CMS Pages, such as Customer Service are not available either.
I don't know what to do anymore Guillermo. I've wasted 2 days trying to get this to work. So far this these seems very unusable and is not ready for production. If you cannot provide support for this theme, what can we do about a refund? I hope we don't have to take it to that step though. I would like to get this to work.


text:
Video Converter for Mac can convert videos to MP4, VOB, AVI, MOV and other 250+ formats. It allows you to enjoy videos on phone and more portable devices. In addition, you can enhance video quality and rotate video for a better visually experience.
4Videosoft Mac Video conversion is the best Video Converter program for Mac users. It can convert any video format to any other video formats you want. You can convert 2D video to 3D vide for getting a better visual-audio experience.... more »


text:
Regensburg Photos
From: Regensburg, Germany
Church of St. Ulrich
The Ulrichskirche is next to Regensburg's Cathedral. It was built early in the 13th Century as a palace chapel; today, it's both a parish church and the diocesan museum of religious art.
| Europe for Visitors - Home |
| Advertising, audience, disclosures, and contact information |
Copyright © 1996-2017 Durant Imboden and Cheryl Imboden. All rights reserved.


text:
More Videos...
442 Goin ham
CHECK OUT LASTEST VIDEO....search....SS Monte carlo stunt sunday The Yellow one.
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1988 toyota 4 runner. look around the body, paint and interior.
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text: DSpace Collection: http://hdl.handle.net/10204/914 2017-02-20T01:45:36Z Developing speech resources from parliamentary data for South African english http://hdl.handle.net/10204/8767 Title: Developing speech resources from parliamentary data for South African english Authors: De Wet, F; Badenhorst, J; Modipa, T Abstract: The official languages of South Africa can still be classified as under-resourced with respect to the speech resources that are required for technology development. Harvesting speech data from existing sources is one means to create additional resources. The aim of the study reported on in this paper was to improve the harvesting and transcription accuracy of a corpus derived from parliamentary data. This aim was achieved by improving on the text normalisation process and pronunciation modelling as well as by iteratively training more accurate in-domain acoustic models. In this manner, more data could be harvested with higher confidence than using baseline pronunciation dictionaries and out-of-domain speech data. Description: 5th Workshop on Spoken Language Technology for Under-Resourced Languages, SLTU 2016, 9-12 May 2016, Yogyakarta, Indonesia 2016-05-01T00:00:00Z Synthetic triphones from trajectory-based feature distributions http://hdl.handle.net/10204/8737 Title: Synthetic triphones from trajectory-based feature distributions Authors: Badenhorst, J; Davel, MH Abstract: We experiment with a new method to create synthetic models of rare and unseen triphones in order to supplement limited automatic speech recognition (ASR) training data. A trajectory model is used to characterise seen transitions at the spectral level, and these models are then used to create features for unseen or rare triphones. We find that a fairly restricted model (piece-wise linear with three line segments per channel of a diphone transition) is able to represent training data quite accurately. We report on initial results when creating additional triphones for a single-speaker data set, finding small but significant gains, especially when adding additional samples of rare (rather than unseen) triphones. Description: Pattern Recognition Association of South Africa and Robotics and Mechatronics International Conference (PRASA-RobTech), Port Elizabeth, South Africa, 25-26 November 2015 2015-11-01T00:00:00Z A mobile vocabulary acquisition application for health science students: a proposed study http://hdl.handle.net/10204/8718 Title: A mobile vocabulary acquisition application for health science students: a proposed study Authors: Wilken, I; de Wet, F; Taljard, E Abstract: Communication plays a vital role in everyday life and in some situations multilingual communication is a necessity. The South African constitution recognises 11 official languages. Multilingual communication therefore occurs almost everywhere, like at hospitals and in clinics. When the need arises for someone (who does not speak a global language like English) to seek medical attention in South Africa, it becomes a challenge to find a health practitioner that speaks their first language. This study aims to develop and evaluate the use of a mobile application designed for supplementary Northern Sotho language learning by health science students. Description: Language Teaching, Learning and Technology (LTLT-2015), Leipzig, Germany, September 4, 2015. Due to copyright restrictions, the attached PDF file only contains the abstract of the full text item. For access to the full text item, please consult the publisher's website 2015-09-01T00:00:00Z Using generalized maxout networks and phoneme mapping for low resource ASR- a case study on Flemish-Afrikaans http://hdl.handle.net/10204/8714 Title: Using generalized maxout networks and phoneme mapping for low resource ASR- a case study on Flemish-Afrikaans Authors: Sahraeian, R; Van Compernolle, D; De Wet, F Abstract: Recently, multilingual deep neural networks (DNNs) have been successfully used to improve under-resourced speech recognizers. Common approaches use either a merged universal phoneme set based on the International Phonetic Alphabet (IPA) or a language specific phoneme set to train a multilingual DNN. In this paper, we investigate the effect of both knowledge-based and data-driven phoneme mapping on the multilingual DNN and its application to an under-resourced language. For the data-driven phoneme mapping we propose to use an approximation of Kullback Leibler Divergence (KLD) to generate a confusion matrix and find the best matching phonemes of the target language for each individual phoneme in the donor language. Moreover, we explore the use of recently proposed generalized maxout network in both multilingual and low resource monolingual scenarios. We evaluate the proposed phoneme mappings on a phoneme recognition task with both HMM/GMM and DNN systems with generalized maxout architecture where Flemish and Afrikaans are used as donor and under-resourced target languages respectively. Description: Pattern Recognition Association of South Africa and Robotics and Mechatronics International Conference (PRASA-RobMech), Port Elizabeth, South Africa, 25-26 November 2015. 2015-11-01T00:00:00Z Text-to-speech enhanced eBooks for emerging literacy development http://hdl.handle.net/10204/8633 Title: Text-to-speech enhanced eBooks for emerging literacy development Authors: De Wet, F; Marais, L; Klop, D Abstract: The purpose of this study was to measure the efficacy of an eBook to improve the vocabulary and word recognition skills in an Afrikaans speaking group of lower socio-economic status of 6- to 7-year old children with poor vocabulary. The main goals were to investigate if exposure to an interactive eBook would result in the acquisition of new vocabulary and sight word reading in the study participants. A randomised pre-test/post-test between-subjects design was used. An experimental group that received an intervention was compared to a control group before the control group received a delayed intervention. Both groups were reassessed, eight weeks after the interventions to assess the retention of their newly acquired skills. Results show a significant improvement in recognition and vocabulary skills in the experimental group compared to their initial assessments, as well as compared to the control group. Description: Copyright: 2015 ISCA Archive 2015-09-01T00:00:00Z Afrikaans and Dutch as closely-related languages: A comparison to West Germanic languages and Dutch dialects http://hdl.handle.net/10204/8630 Title: Afrikaans and Dutch as closely-related languages: A comparison to West Germanic languages and Dutch dialects Authors: Heeringa, W; De Wet, F; Van Huyssteen, GB Abstract: Following Den Besten's (2009) desiderata for historical linguistics of Afrikaans, this article aims to contribute some modern evidence to the debate regarding the founding dialects of Afrikaans. From an applied perspective (i.e. human language technology), we aim to determine which West Germanic language(s) and/or dialect(s) would be best suited for the purposes of recycling speech resources for the benefit of developing speech technologies for Afrikaans. Being recognised as a West Germanic language, Afrikaans is first compared to Standard Dutch, Standard Frisian and Standard German. Pronunciation distances are measured by means of Levenshtein distances. Afrikaans is found to be closest to Standard Dutch. Secondly, Afrikaans is compared to 361 Dutch dialectal varieties in the Netherlands and North-Belgium, using material from the Reeks Nederlandse Dialectatlassen, a series of dialect atlases compiled by Blancquaert and Pée in the period 1925-1982 which cover the Dutch dialect area. Afrikaans is found to be closest to the South-Holland dialectal variety of Zoetermeer; this largely agrees with the findings of Kloeke (1950). No speech resources are available for Zoetermeer, but such resources are available for Standard Dutch. Although the dialect of Zoetermeer is significantly closer to Afrikaans than Standard Dutch is, Standard Dutch speech resources might be a good substitute. Description: Copyright: 2015 University of Stellenbosch. Department of General Linguistics 2015-07-01T00:00:00Z


text:
© Copyright 2017 Lady Elizabeth. All rights reserved.
Status: Finished
Genre: Poetry
I'll have you know my teddy bear has a place of honor on the mantel piece! I would NEVER leave Boomsa Bear in a cupboard!
Oh my :) Well, poetry should evoke emotion, right?
Hehe, I was cleaning out my closet this morning when I found an old stuffed animal of mine. I pulled him out and dusted him off. Can't say I'll give him space outside of the closet, but he definitely got some much needed attention. That sort of sparked the poem.
It's a really nice and very sad. How could you leave your teddy bear in the cloest? It's very sad. Your teddy bear needs some tender loving care.
Well, this sure was a great poem and a sad one as well. I thought for a while what you're talking about, but couldn't imagine that this was about teddy bear. cute indeed :)
Yea, I have a fear of teddy bears, stuffed animals, plushes, porcelain dolls, etc, etc. So yea you get the point I don't really have an old friend like the way you meant it.
Sorry, I liked the poem though.
Wasn't sure where you were taking me with this at first. Nice twist at the end. My poor teddy died an untimely death in a coal bin when I was a child.
really good piece of work
enjoyed reading it. mssg me when you think theres something else i might like xD
"Are u talking about you mom?" But then in the end, I laughed. Its a teddy bear! That was sad, and cute, and I liked it.
That was a wonderful poem! Really interesting and beautiful! Hope you post another soon, be it story or poem! Oh, and thanks for your comment!
This was great. To me, so much more sereal meaning than truely just a forgotten teddy bear.
What a great poem about a forgotten loved teddy. I enjoyed the read. Well written
Very precious! I loved your poem.Thank you for requesting it.
That was beautiful. I'm glad I found this. Yes, being forgotten can be depressing but it also leads to new doors and situations and friends that you may even like more :)
O my, this is a really sad poem. I was a little confused before you said that 'teddy bear' then it all made sense. The tea parties and all that... I was wondering "What?" but then when you rapped it up, you did it really well. Nice, it's intense, and a really unique poem. Well done
Wonderful, i enjoyed it! loved the way you handled it!
A very sweet write. I love the descriptions and the emotions you projected in this poem. Really nice piece. Susan :)
that was a good poem! Teddy bears are awesome aren't they ^-^
Book / Romance
Book / Fantasy
Book / Fantasy
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text:
How the deductions from benefit scheme works: guidance for creditors or suppliers
Guidance for current creditors or suppliers, for example, utility suppliers and landlords, on how the deductions from benefit scheme works.
In certain circumstances, DWP can deduct money from a claimant's benefit and pay it to a creditor or supplier to clear a debt for:
- council tax
- fuel costs
- rent and service charges
- water charges
The payments are called 'third party payments'. This guidance is for creditors and suppliers receiving a third party payment. It explains how the scheme works for deductions from:
- Employment and Support Allowance
- Income Support
- Jobseeker's Allowance
- Pension Credit
How to apply
Find out how to apply for deductions from benefit to clear a debt.
Universal Credit claimants
There is separate guidance about deductions from Universal Credit to clear a debt for:


text:
- Doctors
- California
- Berkeley
- Psychologists
- Dr. Barbara Vivino
You may also like
Ratings for Dr. Barbara Vivino
We found her to be not only unhelpful, but seemingly uninterested. I would not recommend her to anyone.
This woman needs to retire. She couldn't keep things straight, plus she had remarkably no iinsight.
It's too bad this site is anonymous. Someone is repeating an attach on Dr. Vivino. Probably an unhappy person. Barbara is an absolutely wonderful therapist. She really listens, really cares and is super insightful. She is really good at guiding me along and offers a lot of guidance to clarify issues. I started with her when I was going through a divorce. Then I got stage 3 cancer. It was such a tough time for me. Barbara really helped carry me through. Now I am starting a new relationship and she is really helping me get off on the right foot. I learn so much from her. I cannot recommend her more!
Excellent couples therapist. She is a compassionate and smart therapist who saved our marriage!
She is smart, insightful and warm. Very professional and on top of it. Everything you want in a therapist.
My partner and I have been quite struck by how little this woman can keep track of what we are talking about, as well as people's names. She also has been rude and inattentive.
I don't know where I would be without her gentle insight, warmth and her infinite patience! She is smart, funny and caring. If she wasn't my therapist I would want her as a friend.
As a long time patient of Dr. Vivino, it is disheartening to read these somewhat slanderous reviews that seem to be coming from one single source. She has never been anything but insightful and kind, always encouraging my progress. The only reason any one would have a problem with this is if they themselves did not want to put any work into the sessions. She is a fantastic psychologist. She has worked with my for years and I am always grateful for her patience.
Dr. Vivino can at times be warm and compassionate and perhaps helpful if you are a fast learner, have a specific issue and you are willing to completely follow all of her advice. However, she has a low frustration threshold and if things aren't proceeding quickly enough she can lose her temper and "confront" you in a very insensitive and frankly immature manner. In the next session she will have "forgotten" what she said. If you do see her, I would suggest recording the sessions.
Dr. Vivino was recommended to me and I found her to be extremely knowledgeable and compassionate to my situation which had been spiraling out of control. She has helped me enormously in my fight to regain my mental well-being. I wold highly recommend her to anyone.
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Full Moon energy and Mercury direct give us enough reason to celebrate. Be careful with impulsive comments.Read More
Forecast for March 29 – April 5, 2012
Venus and Mercury are activated and the detail overload continues. Be intentional with words and actions.Read More
Forecast for March 22-29, 2012
Aries planets square Pluto in Capricorn may frustrate some as we all are feeling the spring impulses.Read More
Forecast for March 8-15, 2012
Full Moon energy on the Mars in Virgo squares the nodal axis and Mercury retrograde. Whew!Read More
Forecast for March 1-8, 2012
Watch those snide comments with Mercury in Aries and the last Saturn Venus opposition in Aries/Libra.Read More
Forecast for February 23 – March 1, 2012
Lots of Piscean energy continues to either inspire or confound our astro-listeners.Read More
Forecast for February 17-24, 2012
Pisces energy abounds with 5 planets in early degrees of the sign all square the nodal axis.Read More
Forecast for February 10-17, 2012
Divine discontent may be experienced as Saturn and Mars are both retrograde.Read More
Forecast for February 3-10, 2012
The full moon will help us feel our way through this weekend. Neptune enters Pisces for fourteen years reminding us that we are all related in consciousness.Read More
Forecast for January 26 – February 1, 2012
Mercury is very active this week enabling us to reach clarity on our search for ultimate truth.Read More


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... Foreign Languages college. It took a fair drive to get out to Mutianyu, which is the section of the wall that we went to. The wall in total is 6700km long and this section was constructed at the beginning of the Ming Dynasty. We caught a cable car up to the first tower and were free to do as we pleased up there. Jamie and I spent the next three hours hiking up as far as we could go and back again. It was raining in Beijing ...
Backstreet Shenanigans and a Big Bloody Wall
... we were. A very nice moment.
Following our Great Wall challenge, we witnessed first hand the fine and delicate art of Chinese queuing. Whilst waiting for the bus to take us back to the city (it was this bus or no bus till the following day), ...
Tobogganing Off the Wall
... Some time ago I read a very good book by Peter Hessler (Country Driving) which among other things talks about the awful driving he experienced in China, he includes extracts from the driving exam such as: If approaching a level crossing you should; A) accelerate and cross B) accelerate only if you see a train coming C) slow down and make sure it is safe to cross So having booked a car and driver for the day we were looking forward to some exciting driving. A ...
Blue Boots
... and uninteresting! Instead, I went with my language partner (Fangfang) to the Zoo Market.
The Zoo Market is a huge market (located by Beijing Zoo) that apparently supplies product to other markets in Beijing, so it has more selection and for cheaper prices than the other markets. I did enjoy the market, I liked having so much choice and these shop owners were not too aggressive... for the most part.
I told Fangfang I wanted to look at ...
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... priority. (no, duh) Everyone goes to tutoring. If you are not good at a subject, you go to tutoring. If you are good at a subject, you go to even more tutoring. Students are working well into the evening. I went into a bookstore that had 2 floors. One entire floor was dedicated to study books for students of all ages. It was quite impressive actually. I remember looking for review books for my brother at a Barnes and Nobles ...


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Posts cover the changes in the manufacturing industry, including new regulations and topics for employers and lawyers.
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Australian Members - Page 1706post #25576 of 679462/1/13 at 4:44am1.8mm once bevelled and if done properly is remarkably thin.post #25577 of 679462/1/13 at 4:58amQuote:Originally Posted by thebrownman
Nice post, fxh!
If anyone in Melbourne knows where they use < 1.8mm thick Topy Elysee, please do let me know. That said, 1.8mm is fine. I've had it done on many pairs of shoes and have no qualms doing it again.
Now, fxh don't go requoting that last line in a whole other context.
I have Delos make me a new pair of shoes when the sole wears out. No need for topy.
/bigtimerpost #25578 of 679462/1/13 at 5:01am
Hashtag Boss...post #25579 of 679462/1/13 at 5:03am
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Thanks very much, plenty of ideas there to try. Vanda's ones are particularly nice.
What's the foo square? I tried searching and I can't turn up anything, possibly a bit of SF history I've missed?post #25580 of 679462/1/13 at 5:05ampost #25581 of 679462/1/13 at 5:24am
Quote:Originally Posted by jmillsQuote:
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Thanks very much, plenty of ideas there to try. Vanda's ones are particularly nice.
What's the foo square? I tried searching and I can't turn up anything, possibly a bit of SF history I've missed?
Cream silk. He hates white linen and uses cream silk in the same way.post #25582 of 679462/1/13 at 5:50am
Who here has had OTR double-cuffed shirts converted to button cuff without a new cuff being made from new fabric? I.e. You've had to use whatever's there for the new cuff.post #25583 of 679462/1/13 at 11:51am
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Quote:Originally Posted by joiji
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I agree with your position on Topy's, as well as the need for people to recognise the difference between brands. Not that Topy is the only choice, as I believe Vibram makes a similar range of sole guards. Unfortunately I have yet to find a cobbler in Adelaide who uses either of these. Apparently the brand 'Ausy' or somesuch is quite popular.
One and the same it appears?
Both my topyd shoes have 'Ausy' in some spots, and 'Topy' in others, on the same strip of rubber...post #25584 of 679462/1/13 at 12:52pm
Quote:Originally Posted by Nicholas D C
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With this wet weather lately I'm thinking about topying my business shoes, as I'll be walking around a reasonable amount and would prefer avoiding death by cobblestones. Tried using the 'search this thread' feature, but not much luck; where can I get a good topy job done in Sydney?
i get mine done at parramatta since i work out that way. close to the station there's a Hungry Jacks. Behind the hungry jacks is an arcade. Inside the arcade there is a cobbler named Simon.post #25585 of 679462/1/13 at 2:12pm
Quote:Originally Posted by Nicholas D C
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With this wet weather lately I'm thinking about topying my business shoes, as I'll be walking around a reasonable amount and would prefer avoiding death by cobblestones. Tried using the 'search this thread' feature, but not much luck; where can I get a good topy job done in Sydney?
Coombs at Strand Arcade and Brices on Castlereagh are old establishments worth trying. I do mine at Kev's Shoe Repairs in the Telstra building on Pitt Street near World Square. My wife used a cobbler in Cronulla who also did a decent job on some of her boots.post #25586 of 679462/1/13 at 2:39pm
Code:post #25587 of 679462/1/13 at 3:21pm
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Quote:Quote:Thanks guys. I think Coombs will be closest to my workplace so I'll give them a go. Would I be looking at $30 or so per pair?post #25588 of 679462/1/13 at 3:40pm
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You'd be looking at $45 to $50 per pair.
As I have said before, the Cobbler's Association have banded together on the pricing of Topy in Sydney.post #25589 of 679462/1/13 at 3:43pm
In Melbourne, IIRC Rekaris was the cheapest @ $35. Not sure of the exact thickness of their topy, thoughpost #25590 of 679462/1/13 at 4:07pm
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Call it a Topy and it's a chunky piece of rubber suffocating your delicate leather shoes; add "Élysée" to the name and it's the latest stylish addition to your bog standard clodhoppers, allowing you to safely navigate French cobblestones while puffing on your Gauloises and having your photo blogged leaning on a fixie... It's all in the marketing you see
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FWIW, I think Topyd shoes can look as well, if not better, than the original leather soles - if done properly. Not to mention the obvious longevity benefits already discussed.
I don't topy all my shoes straight away though, I usually wait until it's time to get the first heel replacement done at the same time.Return HomeBack to Forum: Classic Menswear
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Can a gluten free person get a good meal at this restaurant?
Can a vegan person get a good meal at this restaurant?
Can a vegetarian person get a good meal at this restaurant?
Is this a Lebanese restaurant?
Does this restaurant offer takeout or food to go?
Is this restaurant good for business meetings?
Is this restaurant romantic?
Is this restaurant good for dining on a budget?
Is this restaurant wheelchair accessible?
Is this restaurant good for brunch?
Thanks for helping!
3 Days in Lima
One day in Lima
Historic Lima
Service is good, and food very fresh and delicious. May be too pricey for the portion size. We had two sandwiches, soup and salad, and were still hungry. So went across to Ali Baba and had a sandwich that filled us up.
Went looking for a local place for a filling early lunch. Went here because it was open, close to the hotel, and had a nice mix of Peruvian and Lebanese-style choices; beef, fish (including ceviche), and poultry.
Nice outdoor seating, but I ate inside.
EVERYTHING exceeded my expectations. Ambiance, cleanliness, decor, background music, service, price, and portions.
And..TASTE. Had three...
Hightly recommend you to visit this place!
Amazing middle east food! The service , the enrvioment and everything is so good.
I had the shawarma and this is better then i expected.
Thank you!!
Visited with my friends in hope to find some food like home, and had an extraordinary time! Great food , great people, enjoyed every bite! Thank you!
The suprising combination of Peruvian and middle eastern cuisine was wonderful. I would highly recommend trying the delightful restaurant.
Not expensive but also empty and not very exciting. Not the great flavors that I was looking for...some improvements to be made to the food. On a positive note the service was ok and they do talk English.
Fantastic experience in Mezze restaurant
We had a reunion and the Service the food and the ambiance was just perfect!!!
We all had a fantastic time
Looking forward to returning in our next trip to Lima Peru.
The owner was The Best!!!
my friend tried the fish and shrimp with a delicious sauce, I had a chicken breast sandwich with avocado, I would like to suggest that they should serve their sandwiches with fries, I would recommend this place. the waitress was super friendly and gave us really good recommendations, the restaurant owner even help us with getting a cab making sure...
This is a great little spot for lunch. Everything is freshly prepared upon your order. I have been here a few times and I am always scoping out what others are having so I know what to try in the future. I recommend the Chupe De Langostinos. I delicious soup with shrimp and traditional Peruvian ingredients like potatoes and choclo...
It is always a great experience to visit Mezze !
Food is rally great , and the arabic touch is unusual in these latitudes.
Don't miss the mezze plate , hummus and felafel
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Attention Commercial Investor Attention Commercial Investor atlanta
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I Have Properties Serious inquiries only as you will be required to provide proof of funds. I have off market commercial deals and I'm looking to move these properties within the next 2 weeks. Give me a call for more details. Call Carlos | Avatar Group…Read more


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Wow as I can remember when Pandora first hit the music/media industry. They were the go to for music, then others came along to give users a chance to stream and listen to music. It was free, it was great. Then as revenue built up, the ads came along and the premiums and monthly subscriptions started. Luckily there were fans that didn't mind it. Maybe Pandora can still be on top of the competition.


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The journal "Factori şi procese pedogenetice din zona temperată / Soil forming factors and processes from the temperate zone" welcomes papers from all fields of soil science, from pedology to soil digital mapping, as well as interdisciplinary works focusing on soil and its related components.
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