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JUDGMENT Dawson Miller, C.J.
1. The appellants are the proprietors of taluka Rasulpur Bhatauni together with a fishery known as jalkar Kamri and Dab appurtenant to the taluka. The respondents are some of the proprietors of Mauza Kapsia and certain of their tenants.
2. The plaintiffs instituted the suit out of which this appeal arises in April 1920 against the respondents claiming a declaration that the fishing rights in that part of the river Ghaghri which flows through or adjacent to the respondents mauza are included in jalkar Kamri and Dab and that the defendants have no right to fish therein. They also claimed in the alternative a title by adverse possession.
3. Mauza Kapsia is admittedly outside the plaintiff's taluka and the bed of the river Ghaghri where it flows past Kapsia forming its western and southern boundaries is recorded in the Record of Rights as belonging to the proprietors of that village up to its middle line the other side being apparently the proprietary interest of the riparian owners on the opposite bank in Mauzas Birbaus and Paikant which lie to the westward.
4. The initial difficulty in the way of the appellants and which to my mind is fatal to their case is that the limits of their jalkar have nowhere been clearly defined in their evidence. The eastern or southeastern limit of their jalkar is claimed to be a place called Simaria ghat but this ghat is not shown on the only map produced by them and for aught that appears to the contrary it may be on a tributary or branch of the Ghaghri river and not on the main stream. It may be assumed that certain phauris or branches of the Ghaghri river and possibly parts of the river itself further to the westward are included in the appellants jalkar which derives if name from two large heels named Kamri and Dab situate in villages to the westward of Kapsia. It should be mentioned that the river Ghaghri runs generally in a southeasterly direction but follows a winding course. It forms the western boundary of Kapsia and then taking a curve through the east to the north flows back again to the southward and eastward thus forming also the southern boundary and part also of the eastern boundary of that village. The southern part of Kapsia thus lies in a roughly formed horse-shoe bounded by the river. The area included within the appellants' jalkar has been defined in certain kabuliyats granted by fishermen tenants of the appellants by reference to the north, south, east and west boundaries. The east boundary has been defined as "up to the boundary limit of Kapsia" and the south boundary as "Mauza Katmara from the boundary limit of Chawtim to Mauza Paikant near ghat Simaria" and the north as "Mauza Uzraha to Mauza, Kapsia." All the villages named including Paikant lie to the westward of Kapsia and the river where it forms the western boundary of Kapsia divides that village from Paikant which is adjacent to the west or south-east. There is also a branch of the river near the south-west corner of Kapsia which turns away suddenly to the westward leaving the main stream and passing through Paikant and from the evidence as to the locality of Simaria ghat it is quite possible that this ghat lies on that branch at or near the place where it joins the main stream. If this is so it would also fit in with the description of the southern limit of the jalkar which is from Mauza Katmara to Mauza Paikant near Simaria ghat which implies that Simaria ghat is in Paikant to the west or south-west of Kapsia. If this is sort would seem that the river itself is excluded for even if Simaria ghat be on the Ghaghri river and not on the branch mentioned it is on that bank of the river which lies in Paikant. Moreover if the eastern limit of the jalkar is up to the boundary limit of Kapsia this is presumably the western boundary limit of Kapsia for it is not suggested that any of the heels in Kapsia itself lie within the plaintiffs, jalkar. The appellants could have produced authentic documents to show the boundaries of their jalkar but they failed to do so. Apart from the verbal evidence which is too vague to be of any value they rely solely on the kabuliyats to which I have referred. Neither the original grant nor their kabala by which they purchased from the previous proprietors nor the batwara khesra or batwara maps when the taluk was partitioned some years ago nor the village notes or other survey records relating to the jalkar have been produced and the kabuliyats are at the best ambiguous. They produced some of their own village papers but these do not show any rents from jalkar rights in Mauza Kapsia.
5. The verbal evidence of the exercise of jalkar rights in the disputed locality is also very unsatisfactory. The appellants, muharrir their, first witness, admittedly knows nothing about it. The next witness Nabi Dbobi said to be a ticcadar at one time of the appellants, does not say definitely that he ever fished in the disputed part of the river and he, produced no papers to prove that he ever had a lease. The next witness is equally vague and he produced no rent-receipts although he said they existed. The next witness says Simaria ghat is to the south of Kapsia 10 or 15 ranis (500 to 750 yards. If so it is not on the Ghaghri river.... The next witness says the appellants' jalkars are to the west and north of Kapsia. Most of them say the Kapsia maliks do not fish in the river but one of them admits they do. Most of them have, no direct concern with the fishery. Even the plaintiffs' patwari can not give the boundaries of the jalkar. He said they were in the patwara papers but these were not produced.
6. The learned Subordinate Judge considered this evidence too vague and inconclusive to act on and I see no reason after listening to the appellants' argument to take a different view.
7. It is not shown that the appellants were ever in exclusive possession of these disputed waters and their claim to title by adverse possession also fails. Even if their mustajirs committed a few acts of trespass from time to time no title by adverse possession can be presumed from such conduct.
8. It is unnecessary to consider the question of non-joinder of parties which was raised. It is at least clear that any declaration the appellants might be entitled to would not bind those who are not represented in the suit but in the view taken on the main question this point is of secondary importance. It may be added that the evidenceadduced by the defendants shows that the maliks of Kapsia through their lessees have exercised fishing rights on the disputed waters for a long time, some of the older witnesses speaking to the exercise of such rights for the last 23 to 25 years. In my opinion no reason has been shown why we should disturb the judgment of the Trial Court and I would dismiss this appeal with costs.
Jwala Prasad, J.
9. This is an appeal from a decision of the Subordinate Judge of Bhagalpur, dated the 30th May 1921, dismissing the plaintiffs' suit. The subject-matter of the litigation is a jalkar or right of fishery. The plaintiffs have indicated the disputed jalkar in yellow colour on the Survey Map filed with the plaint. The jalkar is claimed in respect of that part of nadi Ghaghri which flows between two villages Kapsia and Beerbaus, the bed of which belongs to the proprietors of those two villages as part of their permanently settled estates.
10. The plaintiffs are proprietors of a permanently settled taluka called Rasulpur Bhatauni bearing Touzi Nos. 530 and 5715 and sadir jama Rs. 916. The taluka includes several mauzas and the jalkar mahals of Kamri and Dab together with all phauris and branches thereof. The plaintiffs as proprietors of the taluka are in possession of the, aforesaid jalkars Kamri and Dab including the branches thereof and their names stand registered in the Collectorate with respect to the aforesaid taluka and the jalkar mahals of Kamri and Dab.
11. Briefly speaking the plaintiffs' case is that of the phauris and branches of jalkars Kamri and Dab there is a jalkar known as jalkar nadi Ghaghri which passes through Mauza Thutharn and other villages in the District of Monghyr and towards east passing by the boundary of Mauza Kapsia Touzi No. 3052, Pargana Chhai, District Bhagalpur, extends up to Simaria ghat and the plaintiffs have been in possession thereof as proprietors of taluka Rasulpur Bhatauni from a long time. During the Survey and Settlement proceedings which began in 1902 and the record of which was finally published in December 1,904, half the bed of river Ghaghri in the vicinity of Mauza Kapsia, bearing Khasra No. 494, was measured Kapsia village. In 1324 the jalkar of the said river Ghaghri was settled by the plaintiffs with the defendants Nos. 1 to 3 second party, but about the fishing season the first party defendants, maliks of Mauza Kapsia, set up defendants second party as their settlement-holders and cause a proceeding to be instituted in March 1917 in the Criminal Court under Section 145 of the Cr.P.C. in respect of the jalkar in question. The proceedings ended with the decision, dated the 18th April 1917, in favour of the defendants proprietors of Mauza Kapsia. A motion to the High Court on behalf of the plaintiffs' mustajirs was rejected on the 24th of July 1917. As a result of the criminal proceedings the plaintiffs were dispossessed of the jalkar from the 18th April 1917 and the defendants first party have been in possession since then. After the decision of the case under Section 145 the defendants third party who were the lessees of the plaintiffs, surrendered their lease and have gone over to the side of the defendants first party. The plaintiffs' case as summed up in para. 6 of the plaint is that, although they have nothing to do with the land situate in the bed of the river Ghaghri bearing Survey No. 494, yet the jalkar of the said river Ghaghri is a branch of the plaintiffs' jalkar Kamri and Dab which was settled with them along with the taluka Rasulpur Bhatauni, and that they have all along been in possession of the disputed jalkar before they were dispossessed as aforesaid in 1917 and that even if they do not possess any right or title to the said jalkar, yet owing to adverse possession for more than 12 years before dispossession they have acquired absolute right to the said jalkar and the defendants first and second parties had no right to oust them from the possession of the jalkar. The plaintiffs further say that although the proceeding under Section 145 of the Cr.P.C. related only to half the jalkar of river Ghaghri the bed of which was measured with in Kapsia in Khasra No. 494, yet the defendants first party being emboldened by the decision of the Criminal Court dispossessed the plaintiffs of the entire jalkar of river Ghaghri including Khasra No 861 situate in Mauza Birbaus, Pargana Phirkia, District Monghyr, opposite Kapsia. Upon these allegations the plaintiffs claim a declaration of their right to the jalkar in dispute and recovery of possession thereof with mesne profits from the date of institution of the suit till recovery of possession.
12. The defendants Nos. 8, 9 arid 12 to 14 are the chief contesting defendants. They filed a joint written statement denying the plaintiffs' right, title and possession over the jalkar in question and asserting that the jalkar nadi Ghaghri bearing Servey Khasra No. 494 appertains to their Mauza Kapsia and not to the plaintiffs' jalkar Kamri and Dab and that the defendants and not the plaintiffs, have been in possession of the jalkar in question. They further state that the circuitous portion of the river Ghaghri towards the west of village Kapsia had entirely separated from nadi Ghaghri in Asin 1324 and from that time nadi Ghaghri has left that course which has become Maro Ghaghri having no longer any connection with the river Ghaghri except during rains, so that even if the plaintiffs have any concern with the river Ghaghri, which the defendants deny, still the plaintiffs have no right to fish in Maro Ghaghri. They also impugn the suit as being bad on account of having left out necessary parties and having impleaded some imaginary persons, such as defendants Nos. 2, 3 and 11. The defendants Nos. 1, 3 to 7 and 10 have filed one written statement and Rikhi Mahto defendant second party filed another written statement. They denied the plaintiffs' claim but did not contest at the trial.
13. Upon the pleadings the Trial Court framed the following issues:
1. Has the suit been overvalued?
2. Have the plaintiffs any cause of action against the defendants?
3. Is the suit bad for non-joinder and mis-joinder of parties as alleged by defendants?
4. Is the suit barred by limitation?
5. Have the plaintiffs any title in the disputed jalkar?
6. Have the plaintiffs acquired title to the jalkar in dispute by adverse possession?
7. Is the plaintiffs' allegation of possession and dispossession true?
8. Are the plaintiffs entitled to recover possession of the jalkar in dispute?
9. Are the plaintiffs entitled to mesne profits if so, to what extent?
10. To what relief, if any, are the plaintiffs entitled?
14. Issue No. 1 does not arise not having been pressed in the Court below or in this Court. The remaining issues have been decided against the plaintiffs, with the result that their suit has been dismissed. The plaintiffs have come to this Court in appeal and impugn the decision of the Subordinate Judge on all the points decided against them.
15. The contest, however, principally centres round Issue No. 5: "Have the plaintiffs any title in the disputed jalkar?" and in fact the decision of the appeal rests entirely upon the decision of this issue.
16. The undisputed facts are that taluka Rasulpur Bhatauni formerly belonged to two brothers Maharaj Singh and Sheo Sabay Singh. They partitioned that mahal among themselves and subsequently by transfer and arrangement among themselves Maharaj Singh became the 16-annas proprietor of the taluka which included jalkar Kamri and Dab. The plaintiffs purchased the said taluka with the said jalkar from the heirs and representatives of Maharaj Singh, and thus they are now the proprietors of the said taluka including jalkar including Kamri and Dab and their names are recorded in respect thereof in the Collectorate registers. The plain tiffs are thus the proprietors of jalkar Kamri and Dab. The question is whether the disputed jalkar appertains to and is included in the plaintiffs' jalkar Kamri and Dab. It is undisputed, and in fact the plaintiffs admit in para. 6 of their plaint, that the land situate in the bed of the river Ghaghri opposite Mauza Kapsia, bearing Khasra No. 494 belongs to the defendants proprietors of Mauza Kapsia. It is conceded in the argument on behalf of the plaintiffs that there is no document showing the grant of the disputed jalkar to the plaintiffs or their predecessor-in-interest or that the disputed jalkar is a part of the plaintiffs' jalkar Kamri and Dab included in their taluka Rasulpur Bhatauni. No record of the Settlement showing the disputed jalkar as having been settled with the predecessor-in-interest of the plaintiffs as part of their jalkar Kamri and Dab has been produced.
17. The plaintiffs have filed some papers relating to the partition of taluka, Rasulpur Bhatauni among the then proprietors thereof (Exs. 7, 8, 9 and 10 from 1838 to 1854). These papers do not carry the case further than that taluka Rasulpur Bhatauni embraces two jheels or lakes called jalkar Kamri and Dab.
18. Certain judgments and rubakari of the Revenue Authorities of 1869 and 1870 (Exs. 17, 18 and, 11) filed by the plaintiffs only show that the claim of the Government as owner of khas mahal as to the light of fishery in certain pools within the . Government estate of Gowas and Mooras-see was disallowed in favour of the zemindar of Rasulpur Bhatauni who claimed the right of fishery in those pools. These documents are of no assistance in the present case. There is, therefore, a total absence of any documentary evidence to prove that the plaintiffs' jalkar Kamri and Dab included the fishery rights in the part of river Ghaghri adjoining village Kapsia, the bed of which belongs to the Maliks of Kapsia as a part and parcel of their permanently settled estate. In fact, there is no definite evidence to show the extent of the plaintiffs jalkar Kamri and Dab.
19. The plaintiffs, therefore, in support of their claim to the jalkar in the particular spot in dispute in the river Ghaghri rely solely upon their having in the past exercised the right of fishery therein. It is now well-settled that it is not absolutely essential to prove an express grant after a considerable laps of time and the plaintiffs can establish their right by proof of an uninterrupted user of fishery prior to their dispossession; vide Srinath Roy v. Dinabandhu Sen 25 Ind. Cas. 467 : 42 C. 489 : 18 C.W.N. 1217 : (1914) M.W.N. 654 : 1 L.W. 733 : 16 M.L.T. 319 : 12 A.L.J. 1193 : 20 C.L.J. 385 : 16 Bom. L.R. 901 : 41 I.A. 221 (P.C.). The evidence, however, must be clear and unambiguous showing the plaintiffs' exercise of the right of fishery over the particular spot in river Ghaghri, particularly when the bed of the part of the river in question belongs to the maliks of Kapsia as part of the village. The recent Survey has admittedly included the bed of the river half in village Kapsia and has allotted a Khasra number to it, namely, No. 494, and half in village Beerbaus, Khasra No. 861. The bed of the river having been settled with the owners of villages Kapsia and Beerbaus, it has ceased to be the Government property or a public domain, and ordinarily the owners pf the bed of the river, namely, the Kapsia and Beerbaus maliks will have the right of fishery unless the plaintiffs established that they have been using the waters of the river in question for the purpose of catching the fish and have been exercising their right of fishery to the exclusion of the owners of the bed of the river. The plaintiffs have tried to prove the exercise of their right of fishery in the disputed spot by means of certain kabuliyats in respect of jalkar rights executed by lease-holders. These kabuliyats do not very much assist the plaintiffs in establishing that their jalkar extended to the spot in question. The kabuliyats 3 (d) of 1871, 3 (c) of 1873, 3 (b) of 1875, 3 (f) of 1880 and 4 of 1903 do not give any description of boundary of the jalkar taken Settlement of by the mustajirs. They do not expressly mention jalkar in the nadi situate in Mauza Kapsia and have not been seriously relied upon by the appellants in course of their arguments.
20. The kabuliyats 3 (e) of 1875, 3 (a) of 1880, 3 (h) of 1882, 3 (i) of 1888, 2 of 1902 and 4 (a) of 1915 attempt to describle the jalkars leased out but it is not possible from the description of the boundaries given therein to say for certain that the jalkar in dispute was included in the Settlement.
21. The plaintiffs rely upon two notes (Exs. 12 and 13) dated the 16th March 1903 and 10th May 1903 respectively, made by the Assistant Settlement Officer and a list of jalkar (Ex. 14) appertaining to the plaintiffs' taluka Rasulpur Bhatauni. Witness No. 12 for the plaintiffs, Ram Chandra Prasad, who was appointed to look after the Survey affairs of the plaintiffs, has been examined to prove that the aforesaid notes and the list were written and signed by Babu Kandhji Sahay, Assistant Settlement Officer. Babu Kandhji Sahay who made inquiries and prepared the notes and the list has not been examined. The witness says: "I had been the village notes of all the villages where jalkars are. I did not see the village notes of Kapsia as it did not belong to the plaintiffs. I saw the village notes of the villages which. were in plaintiffs' possession." Further on he says "I went with Babu Kandhji Sahay in his inquiry."
22. "I cannot say about which jalkar there was dispute before Kandhji Sahay. I do not remember in which village Kandhji Sahay had gone to hold inquiry." The witness does not prove that the disputed jalkar has been either the subject of inquiry by the Assistant Settlement Officer or the aforesaid notes and list related to the jalkar in question. Strictly speaking these notes and list have not been properly proved and are not admissible in evidence. It is not known on what basis and upon what evidence they ware prepared. The defendants were not parties to the dispute which led to the preparation of the notes and the list. They were prepared at the instance of the plaintiffs and as pointed out by them. They have not been incorporated into the finally published Record of Rights. Therefore they have no evidentiary value against the defendants.
23. Assuming that the list is admissible in evidence, from the description and the boundaries given therein as in the case of those given in the kabuliyats one cannot with certainty say that the disputed jalkar between Kapsia and Birbaus appertains to the plaintiffs' jalkar called Kamri and Dab. The eastern boundary is said to be Kapsia and the northern boundary Usraha. The southern boundary is said to extend from Kathmara to Paikant near ghat Simaria. Ghat Simaria has not been tracted on the map, and the plaintiffs have failed to show where this would be Paikant is to the south-west of Kapsia, according to the evidence, at some distance. River Ghaghri surrounds village Kapsia on three sides. It enters the village on the west and turns towards the south and then goes upwards towards north, and then turns towards the east.
24. Following the course of the jalkar as described in the aforesaid documents it would seem that the disputed portion on the western side of Kapsia is excluded from the plaintiffs' jalkars appertaining to the taluka Rasulpur Bhatauni. The plaintiffs' jalkar are called Kamri and Dab. According to their witness No. 8 Kamri is 1 or 1 1/2 koses away from Dab. Kamri is in village Birbaus, and Dab in village Usraha. P.W. No. 9, plaintiffs' patwari, says that Kamri is a village, and the river opposite it is called Kamri. Dab is near Kathmara and is a big nadi. It is not a kund. Although these witnesses contradict each other as to which of them is a nadi and which is a kund, they agree that both Kamri and Dab are distinct jalkars. Witness No. 10 says "jalkars Kamri and Dab are branches of Ghaghri." He says that the principal jalkar is nadi Ghaghri. All the jalkars are its off-shoots and they take water from Ghaghri. Thus Kamri and Dab are themselves branches of river Ghaghri. The portion of river nadi Ghaghri which passes between Kapsia and Birbaus is geographically outside the limit of Kamri and Dab. The jalkars in Kamri and Dab belong to the plaintiffs as part of their taluka Rasulpur Bhatauni. They have to show that their jalkar right in Kamri and Dab extended beyond its geographical limit to the portion of river Ghaghri in dispute.
25. The plaintiffs' witnesses divide the jalkar into two parts puchwari (western) and purwari (eastern). The disputed jalkar is said to be situate in the purwari patti and Ex. 2 is the kabuliyat with respect thereto. Witness No. 2 says that the puchwari patti extends from Chautham on the west toltmadi, and the purwari patti from Itmadi to Kapsia. He was the thikadar of purwari patti.
26. This witness states in his evidence "There was no phauri (branch) in village Kapsia which was under my Settlement." His evidence will, therefore, exclude the disputed jalkar in Kapsia from the plaintiffs' jalkars Kamri and Dab, as being its branch or phauri It is noteworthy that in the kabuliyat (Ex. 4-A) of 1915 the plaintiffs' jalkar with the aforesaid description and boundaries is said to bear Survey Khasra No. 144, whereas the khasra number of the disputed jalkar is No. 494. Therefore the disputed jalkar has nothing to do with the jalkar described in the plaintiffs' kabuliyats or in the list prepared by the Survey Authorities (Ex. 14). Again, the plaintiffs have not filed the village notes nor have they filed the finally published Survey Record to show that the jalkar in dispute has been recorded in their names. The Court below has found that the village notes produced by the defendants show that they are entitled to get rents of village Kapsia. The plaintiffs do not challenge this finding and in fact have not even printed the village notes produced by the defendants, in order to show that the finding is incorrect. The plaintiffs have not also printed their village papers to dispute the finding of the Court below that those papers do not show that rents were ever realized by them in respect of the jalkar in question. As a matter of fact, the plaintiffs' witness No. 10 admits that the village papers do not show that they relate to the jalkar in suit.
27. The note of the Assistant Settlement Officer, dated the 16th March 1903 (Ex. 12) shows that on behalf of Baijnath Goenka, father of plaintiff No. 1 a map and khasra of jalkars Kamri and Dab were filed before him showing the villages to which their jalkars extended. On the basis of those papers he decided the dispute with regard to jalkar right in several villages. The cases in which the khasra showed the names of the villages in dispute as appertaining to the jalkars Kamri and Dab, were decided in favour of Baijnath Goenka. The plaintiffs are, therefore, in possession of the aforesaid documents. Their failure to produce them in this case raises the presumption against them that the disputed jalkar in Kapsia is not shown in the khasra as appertaining to the plaintiffs' jalkar Kamri and Dab. The plaintiffs have also omitted to produce the batwara khasra of 1854 whereby the jalkars of Kamri and Dab were partitioned among the co-proprietors. The khasra would have shown to whom the disputed jalkar, if at all it appertained to Kamri and Dab, was allotted.
28. The plaintiffs have examined 13 witnesses, out of whom two are formal witnesses and the rest are their servants, dependents and tenants. All of them came unsummoned and were brought by the plaintiffs' man to depose in the case. The plaintiffs have not examined their Mustajirs, and in their place the junior members or relations of the family have been brought.
29. Witness No. 1 is their moharrir since 1311 in village Baltora. He simply proves the execution of kabuliyat (Ex. 1) of 1915. He, however, has no personal knowledge of the jalkar in question, for he admits in cross-examination that he had never been to Kapsia or to Beerbaus. His knowledge is only hearsay.
30. Witness No. 2 is one of the executants of kabuliyat Ex. 2 of February 1902. He is a tenant of the plaintiffs.
31. He admits in his re-examination that there was no phauri in village Kapsia which was under his Settlement.
32. Witness No. 3 says that he had receipts for rents paid for the jalkar in question, but does not produce them. He admits that the northern and southern portions of the jalkar in question have become sandy, and the water which is between them is called Mur or Maro Ghaghri. He says he used to get fish caught through Gorhis on half the share in fish. Apparently this witness has not, therefore, himself fished in the jalkar.
33. Witness No. 4 is an ex-proprietor of village Beerbaus in which half the bed of the river has been included. He is a dependent of the plaintiffs.
34. Witness No. 5 was brought by the plaintiffs' piada to depose in the case. He does not prove that the plaintiffs or their mustajirs fished in the river in question. Saukhi Mahton witness No. 6 also does not prove it. He also admits that the nadi had become Mur Ghaghri since 8 or 9 years and it remains dry for four or five months in the year. Witness No. 7 also was, called by the plaintiffs' man to depose. He says: "Since three or four years no fish is caught near Kapsia. Mur Ghaghri is to the west of Kapsia. The maliks of Kapsia catch fish in it."
35. Witness No. 9 Dahori Lal is the plaintiffs' patwari. He says that the mustajirs used to get receipts with one-anna stamp. These receipts have not been produced and an adverse inference may be drawn against the plaintiffs that the receipts, if produced, would not have shown the disputed jalkar. He says that he does not know if there is phauri nadi Ghaghri. The principal jalkar is nadi Ghaghri. He cannot give the boundaries of the jalkars. He says that in the batwara papers between Maharaj Singh and his brothers all the jalkars were entered. These batwara papers have not been produced.
36. Witness No. 10 says that the jalkars Kamri and Dab are branches of Ghaghri. He admits that no paper has been filed on behalf of the plaintiffs to show that the entire jalkar was in their control. He never went to the locality and he cannot say which phauris are attached to river Ghaghri. His evidence is, threfore, worthless. He says that the diputed jalkars are nowhere shown in any papers of the plaintiffs and it would not appear from those papers that they related to the disputed jalkar. In the seahas and the jamabandis the jalkar in dispute is not separately shown. This witness also is the plaintiffs' servant.
37. Witnesses Nos. 11 and 12 are formal witnesses.
38. Witness No. 13 is a tenant of the plaintiffs and, came to depose without any summons.
39. The defendants have examined 13 witnesses. D.W. No. 1 is a jalkaria or fisherman. He took a lease of the disputed jalkar from the defendants in 1314, caught fish in the river and paid rent and obtained a receipt (Ex. A).
40. D.W. No. 2 is a substantial man and his income, from zemindari as Rs. 6,000 and he purchases fodder in Kapsia. He proves the possession of the Kapsia maliks over the disputed jalkar for the last 15 years. D.W. No. 3 is a substantial cultivator, having 250 bighas of jote land. He proves possession of the Kapsia maliks for the last 20 or 25 years.
41. D.W. No. 4 is a jalkaria or fisherman. He along with his cousin had taken Settlement of the jalkar from Kapsia maliks in 1315 and fished in river. D.W. No. 5 has his house on the side of the jalkar in question. He proves possession of the Kapsia and Beerbaus maliks for the last No. 23 years.
42. D.W. No. 6 has a bath an by the side of the jalkar in question. He proves Settlement of the jalkar by the Kapsia maliks with different lessees and their possession from 1308 to 1324.
43. D.W. No. 7 prove Settlement of the fishery by Kapsia maliks with lessees from 1313 to 1324.
44. D.W. No. 8 proves possession of the Kapsia maliks for the last 22 to 23 years and he actually used to catch fish in the jalkar for the lessee Keri Gorhi.
45. D.W. No. 9 Rekhi Mahton is a jalkaria or fisherman. He verbally took Settlement in 1318 Fasli, and executed a registered kalmliyat in 1324. He paid rent and obtained receipts Ex. C to C (6) from 1318 to 1323. He was lessee for 16-annas of the fishery in 1325 and 1326.
46. D.W. No. 10 proves Settlement of the fishery with his father Prayag and the catching of the fish by him in the jalkar. D.W. No. 11 had taken Settlement in 1316 from the Kapsia maliks. He caught fish in 16 annas of the jalkar.
47. D.W. No. 12 proves possession of Kapsia maliks since his hoshe.
48. D.W. No. 13 proves Settlement with the mustajirs by the Kapsia maliks from 1304 up-to-date. He proves the counterfoils of rent-receipts with respect to the fishery, Exs. E to E (13). He also proves the seahas and jamabandis (Exs. F to F-15 and G to G-14). He also proves that the jamabandis used to contain the names of the jalkarwalas. He himself had granted receipts (Exs. C 8 to C-10).
49. Some of the defendants' witnesses are plaintiffs' tenants and others are disconnected persons. Most of them have directly fished in the river on behalf of the Kapisa maliks. The learned Subordinate Judge has accepted the evidence of the defendants' witnesses as being satisfactory. He has rejected the plaintiffs' evidence.
50. We have carefully perused the evidence and we are convinced that the learned Subordinate Judge has taken a right view of the evidence in the case. The learned Subordinate Judge has accepted the kabuliyats, the rent receipts and the village papers filed on behalf of the defendants as showing their possession for a considerable period over the jalkar in question. The plaintiffs have not challenged the finding of the Subordinate Judge upon this point, inasmuch as they have not even printed the aforesaid papers proved on behalf of the defendants and have made no comment in this Court. The finding of the Subordinate Judge must, therefore, be accepted as correct. We must accept the conclusion to which the learned Subordinate Judge has arrived, namely, the plaintiffs have failed to show that they are the owners, of the jalkar in question as part of their jalkars Kamri and Dab, or that they ever exercised the right of fishery over the jalkar in question.
51. Issues Nos. 2, 4, 6 and 7 must also, be decided against the plaintiffs. They have failed to show that they have ever been in possession of the disputed land or that they acquired any right of adverse possession.
52. Dealing with issue No. 8 the learned Subordinate Judge has held "the jalkar in dispute has become Maro Ghaghri and both its ends have been closed and the Ghaghri water joins the Maro Ghaghri during floods and rains and it has changed its course." This finding is in accordance with the evidence in the case. The plaintiffs' witnesses have admitted that the river has changed its course and that the disputed portion is disconnected now. Both its ends remain closed for a considerable part of the year and is connected with it only for four months in the year, that is, during the flood season. Upon this finding the learned Subordinate Judge has held that the old dry course of the river must be taken to have become the private property of the defendants", the owners of the bed of the river. In support of his view the learned Subordinate Judge has referred to the case of Sasi Kanta Acharjee v. Kunja Mohan Moitra 41 Ind. Cas. 425 : 22 C.W.N. 6. Against this view the learned Counsel on behalf of the plaintiffs has cited the case of Ahmadi Begum v. Mahasy Taranath Ghosli 21 Ind. Cas. 233 : 17 C.W.N. 1173 : 18 C.L.J. 399. The point does not call for any decision in view of the plaintiffs having lost upon issue No. 5 as to their title or possession over the disputed jalkar. The same remark applies to issue No. 3 under which the learned Subordinate Judge has held that the plaintiffs have not made the maliks of Beerbaus or all the 16-annas maliks of village Kapsia parties to the suit, although the defendants took this objection at the earliest stage.
53. The defendants claim only half the bed of the disputed jalkar which lies in their village Kapsia, Khasra No. 494. They do not claim the western half which lies in village Beerbaus, being Khasra No. 861.
54. The plaintiffs say that on account of the decision in the case under Section 145 of the Cr.P.C, the defendants dispossessed them of the entire 16-annas jalkar. The Beerbaus maliks being not parties to the suit are not bound by the decision in the present case, nor are the maliks of Kapsia who have not been impleaded as defendants in the present case. Upon this view the learned Subordinate Judge holds that the plaintiffs' suit is bad for mis-joinder and non-joinder of parties. Under Order I. Rlle 9, C.P.C. the suit could not be defeated on account of defect of parties. The issue, however, does not deserve any serious consideration.
55. The result is that agreeing with the view taken by the learned Subordinate Judge, we dismiss the appeal with costs.


text:
Spring 2011
06-125-7 Writer's Roundtable: Screenwriting (1)
In this seminar, we will take a look at the screenplay from a writer/producer point of view. We will cover character and plot development techniques, writing do's and don'ts, and of course, formatting. We will also cover writing the successful screenplay – whether for a short that will be independently produced or a piece that might draw attention from Hollywood. We will also cover what you do with your screenplay once completed.
06-225-1 Introducing Shakespeare (3)
What's so great about Shakespeare? Why does Hollywood continue to produce screen adaptations and interpretations of these plays? What is it about these plays that makes them so enduring and relevant four centuries after they were written and first performed? These are some of the questions we will raise and attempt to answer as we work our way through several of Shakespeare's plays—Hamlet, Macbeth, Taming of the Shrew, Twelfth Night—and film adaptations of those plays throughout the term.
06-361-1 Topics in Film and Literature: Horror Narratives (3)
From zombies to serial killers, witch covens to werewolves, this course will cover the modern horror genre, from its emergence, beginning as early as 1960 with Michael Powell's Peeping Tom and Alfred Hitchcock's Psycho (and its adaption from the novel by Robert Bloch). Journeying to 1968, we will pay tribute to George Romero's Night of the Living Dead as well as Ira Levin's and Roman Polanski's Rosemary's Baby. The class will then look at the development of the slasher subgenre, foreign horror, discuss sequelization and remakes, and the role of women in horror, investigating how horror can exist as a progressive genre for women.
10-230-1 Digital Filmmaking (3)
This course will introduce the student to the various techniques used in digital filmmaking. Students will gain experience in all aspects of digital narrative production, from concept to completion. The course will focus on the technical as well as aesthetic uses of lenses, lighting, audio and camera shot choice and movement. Each student will be part of a production team that will create a narrative short.
URL: http://www2.lewisu.edu/~wielgoch/film/
This site was created and is maintained by Dr. Christopher Wielgos, Professor of English, Lewis University.
This site was last updated November 12, 2011.
Any questions, comments, or suggestions may be sent to: email@example.com.
The author is a member of

subset: commoncrawl


text:
Notice: On April 23, 2014, Statalist moved from an email list to a forum, based at statalist.org.
[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: FE: st: Interaction effects
Maarten buis <firstname.lastname@example.com>
Re: FE: st: Interaction effects
Tue, 15 Jun 2010 07:48:49 +0000 (GMT)
--- On Mon, 14/6/10, email@example.com wrote:
> No. The variable used to represent SIZE in the
> cross-product needs to be the same as that used
> for the lower order terms. The cross-product is
> not an interaction until the constituent
> variables are partialled out. So the lower
> order SIZE should be the same as that used to
> compute the cross-product.
I agree that you (almost always) need to add some
form of main effects when including cross-product
effects. I disagree with you that they need to have
the same functional form. To me it is perfectly OK
to have a main effect in a quadratic form or spline
form and have the interaction in a linear form. So,
the fact that Lorenzo added the main effect in linear
form and the interaction in dummy form is no problem.
> Greene addresses the suggestion by Ai & Norton and, in
> contrast to Ai & Norton, would suggest yes.
The problem with this debate is that it is often
formulated in terms of a contrast, either one or the
other is "the best way". Truth is that non-linear
models allow you to test a variety of subtly different
hypotheses. So both are partially correct, in the sense
that if you want to test their null hypothesis their
method is the best. However, to make a statement that
one type of null-hypothesis is generically the best
is obviously wrong, as the null-hypothesis obviously
depends on the question that one wants to answer.
I don't think that the authors believe that one type
of null-hypothesis is generically the best, they just
argue that in their experience one type of null-hypothsis
is most common. However, the most common type of
null-hypothesis is likely to differ substantially across
disciplines and even sub-disciplines. Moreover, the fact
that one type of hypothesis is most common in your sub-
discipline doesn't mean that it is necessarily the best
for your problem.
So I think the way forwards in this debate is to specify
which method tests which null-hypothesis and to clarify
what the difference is between these hypotheses, rather
than to invent ever more "best way to test for
Hope this helps,
Maarten L. Buis
Institut fuer Soziologie
Universitaet Tuebingen
Wilhelmstrasse 36
72074 Tuebingen
* For searches and help try:
* http://www.stata.com/help.cgi?search
* http://www.stata.com/support/statalist/faq
* http://www.ats.ucla.edu/stat/stata/


text:
With just three months under his belt as the Fort Hood recycling manager, Mike Bush has already found new ways to increase the amount of recycled products at Fort Hood and bring Central Texas to the world market.
"I thought they had a very good operation at the recycling center," said Bush of his first impressions of the on-post recycling center that brings in nearly $1.5 million a year. "There's definitely room to grow, but I thought the operation over there was solid."
Bush plans to build on the solid performance of the center — which donates back to the community for events including Freedom Fest and Earth Fest — by accepting new products and reaching out to new buyers.
"What I want to do is set up a better supply chain — different buyers for different products," he said.
Some of the products Fort Hood will begin to accept as recyclable include all types of plastic, plastic bags, athletic shoes and even Styrofoam.
The center will have to purchase a machine to bundle Styrofoam into a sellable product, which typically gets remade into picture frames, but Bush said he believes it will have a positive impact on the center's bottom line.
"We need to identify products currently being thrown away that we can capture and make money on," he said.
Recycling has to be green on both sides, Bush said. It benefits the environment, but also brings in some green.
"On the back side, if there's no economic gain and you can't make money, then you would soon see recycling not be as big of a priority," Bush said.
Another way Bush plans to increase recycling is to visit different on-post entities and see what they are throwing away.
"We really want to do a one-size-fits-one approach," Bush said. "What the hospital needs isn't necessarily what (the Defense Logistics Agency) needs."
Bush's ideas to expand recycling come as Fort Hood is continuing forward with its mission of "Net Zero Waste" by 2020. The three areas to divert waste from the landfill are reduce, repurpose and recycle.
Before coming on board, Bush was in charge of sales and marketing of recycled product for a company in Guangzhou, China.
This previous experience with international markets is what peaked the interest of Steve Burrow, chief of environmental programs for the Directorate of Public Works.
"We wanted to expand our marketing aspect," he said. "If Net Zero waste is to grow, we need to be able to take advantage of the worldwide market and Mike can help achieve that."
Bush said his knowledge of the end market in China can help improve Fort Hood's already above-average product.
"I've actually walked the scrap yards with Chinese buyers and heard what makes a good load," he said. "There's really no reason why we can't be locked into the world markets from Central Texas."
When he learned of the zero-waste goal, Bush said it sounded challenging, but attainable, especially through expanded recycling programs.
"I think (recycling) has got a ton of potential. I'm looking forward to seeing the program grow throughout the post," Bush said. "We want to bring everything from a recycling standpoint to Fort Hood that you could find


text:
Subtotal: $0.00
Excluding tax and shipping.
Free shipping on orders over $250 in Canada + US
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The Abyss Pousada towel weighs 300 Grams and is textured with a fine basketweave appearance. This towel is perfect for those who want a modern spa like towel. All Abyss towels are pre-washed, pre-shrunk, and guaranteed to hold up wash after wash.


text:
if i download from this page http://www.gamersoul.com/forums/show...nlimited-Morph
the 2nd unlimited morph thi will work ?
if i download from this page http://www.gamersoul.com/forums/show...nlimited-Morph
the 2nd unlimited morph thi will work ?
Good work! Love the Hack!
why do l keep disconnecting it says something about GG3 has been termitated
It keeps saying Maplestory failed to open! Any suggestions?
I keep getting this error when i try to start game " the program can't start because d3dx9-43.dll is missing from your computer. Try reinstalling the program to fix this problem". I dont even know what this dll is, can some1 help me so i can start hacking again?
Why Do i Crash All The Times i Mean i Am Play Normal And All And Suddenly The Maple Crash Without any Error Or Something !
Is it just me, or does auto attack and auto skill not work together? I know there isn't a kaiser morph in place yet, but i wanted to set kaiser morph every 1000 seconds... But once i do that, I stop attacking. Anyone else having the same the problem? Solution?
Why does it say "Hmm... Seems like MapleStory failed to start. Try checking for updates or try again!" everytime i try to start it?
Please Help!
true u aree rigght :D
i need too open maple through site how do i fix this??
I got autobanned using kami
Pretty alright if someone doesn't have BT at their disposal ^^ If anyone wants to hene hoe I've got the list of mounts to #30
Mount # + Type
If someone wants to test #32 and above (if there even is one) then that'd be cool for trolls
BT > Any hack.


text:
RepairPal is your advocate for car care advice and guidance
Q: I have a knocking in my engine. on 2002 Chevrolet Silverado 2500 HD
When accelerating my engine I have a knocking sound, I had the top end cleaned at the dealer and they say I need to have this done every year at the cost of 500.00 per cleaning. They also say this is normal for chevy's.
The price you paid for a "top engine" cleaning seems to be on the high side. I am not sure exactly what the dealer did for that price. If the noise is now gone that is a good thing. A bottle of fuel treatment such as "techron" every few months may help keep the deposits from building up on the valves and pistions.
Knocking is normally due to low octane and experienced when accelerating or climbing hills or anytime the engine is under a load. Arizona being one of the "Greener" states uses oxygenation of gasoline and other "green" technologies which can reduce the real octane rating of your gas. Some stations now use nitrogenization as cleaning method, avoid it, as it is really only a filler giving you less gas for your money. As for cleaning, run a bottle of STP Full System Cleaner through every 6-10 thousand miles, not any more often as the naptha content can cause damage. After running the cleaner, run a bottle of Lucas Gas Treatment or Marvel Mystery Oil, this helps lube and condition seals. The Lucas and Marvel can be run more often. Run higher octane gas or put an octane boost in, using a booster is a little less accurate for measurements so skip every few tanks especially if you refill before empty. Lucas also claims, although I have no proof of it, to raise octane and to be safe every tank, but can be more expensive than a cheaper booster. So, Buy good gas, keep octane higher and clean regularly, I have done this for years and have never had a knock or had bad seals or dirty injectors.
i have one that has 167,000 miles on it, it started knocking off and on say once every two weeks for about five miles an stop, and when it needed an oil change. On my last oil change they put 10w 30 instead of 5w 30 it starter ticking really bad. I have a brother-in-law thats a real good sert. mach. he says it the hydrylic lifters loose prime with the thinner oil will find out in a week if its true. i gonna do a topend rebuild sometimes this week 7-3-10!
Didn't find what you were looking for?


text: #718: HTTP 403 Forbidden accessing pc-updatemanager mirror -----------------------------+------------------------- Reporter: xenophonf | Owner: Type: System Defect | Status: closed Priority: major | Milestone: Component: PC-BSD Updater | Version: 9.1-RELEASE Resolution: fixed | Keywords: -----------------------------+------------------------- Changes (by kenmoore): * status: new => closed * resolution: => fixed Comment: PC-BSD has now transitioned to a new CDN instead of relying on the previous system of mirrors. Please install PC-BSD 9.2 to have this automatically setup for you as well as obtain a whole host of new features. -- Ticket URL: <http://trac.pcbsd.org/ticket/718#comment:3> PC-BSD <http://trac.pcbsd.org> PC-BSD Project Management


text:
In the Dungeons & Dragons fantasy role-playing game, the shrieker is a plant. They resemble large fungi. The shrieker shares a symbiotic relationship with the violet fungus in order to catch food. The shrieker emmits a high-pitched wail to lure prey, and when it comes, the violet fungi attack with their tentacles.
- {{{author}}} (1977). Monster Manual. TSR.
- {{{author}}} (2000). Monster Manual. Wizards of the Coast.
|This page uses Creative Commons Licensed content from Wikipedia (view authors).


text:
|CAG Diva wins IMC's Tippu Sultan Genocide Award
Ari Saja
In fact, every day is a Red Letter Day at CIIS. Or should I say "Red Flag Day?" CIIS Alumni who are unfortunate enough to have relatives who fought or died for the Free World against Communists, cite the unique experience of seeing a faculty member come in to a classroom in the United States of America, and declare: "My grandfather was a Communist, my father was a Communist, and I am a Communist", in warning that other views would not be tolerated. Other accomplishments of CIIS can be found on the internet, for instance on an Open Letter on PetitionOnline that I found through GOOGLE, with 807 signatures. CIIS also tries to attract students by pointing out that 75% of its student body is female, and to their tradition of senior faculty taking wives from said student bodies.
So we see that 22 of the "35 organizations" of CAG are basically the same gang of Communist-Islamist and commercial soul-harvesting gangs and fronts for other entities with too much money and way too much hatred for democracy, freedom of religion, and anything else that characterizes free societies. Many of the rest are simply permutations and combinations of the same gangs.


text:
Doctor insights on:
How Long Should It Take For Your Plantars Facitis To Feel Better After Surgery
How long does it take to recover from plantar fasciitis surgery?
How long has it hurt: Depending on how long the pain was present prior to treatment, it ca take several weeks to months to fully heal. If it's a chronic problem that has been ongoing for years, even with eswt, physical therapy, and injections it can take 3 months or more. If there is additional nerve damage in the area, it may be even longer. ...Read moreSee 2 more doctor answers
I've just had plantar fasciitis surgery. How long will the recovery time be?
Ask your sugeon: I am kind of surprised this question would be asked after the surgery and not before. All doctors have different protocols. You did not mention if you are on crutches, in a cast, in a splint, allowed to walk? Did you have the plantar fascia cut? Was a bone spur resected as well? All this info would be needed to know. Without knowing i would tell you 6-8 weeks. But that depends on many variables. ...Read moreSee 1 more doctor answer
Can I take any anti-inflammatories for plantar fasciitis instead of going to surgery?
Yes: I would recommend that you try conservative treatment first before you consider surgery. Oral anti-inflamatories and steroid injections, custom orthotics, ultasound treatments and streching can be very benificial in trating plantar fasciitis. Only 5% of my patients need surgery for plantar fasciitis. Most patients respond well to conservative treatment. ...Read moreSee 2 more doctor answers
Is there a surgery for plantar fasciitis?
Yes: When all other measures have been exhausted, surgery for plantar fasciitis may be indicated. Surgery involves release of the plantar fascia itself. This can be done by an open procedure with one of several incision approaches or endoscopically. The procedure chosen by a surgeon is based on preference and patient selection criteria. ...Read moreSee 2 more doctor answers
Has anyone here done surgery for plantar fasciitis?
Surgery works...: ...But should be a last resort. The vast majority of plantar fasciitis cases are handled with conservative treatment. In columbus, consider a second opinion with dr charles greiner or dr animesh bhatia. ...Read moreSee 1 more doctor answer
Will plantar fasciitis heal on its own without surgery?
Usually.: The more you can do together, the better: #1: supportive shoes. #2: firm inserts or orthotics. #3: oral antiinflammatories (check with your doctor for dosing). #4: stretching your foot and calf. #5: icing (10 min at a time). You may also need physical therapy or cortisone injections, or eswt if available in your area. Very few people go on to surgery, but it is a possible treatment. ...Read moreSee 2 more doctor answers
I have heel spurs(plantar fasciitis ). Would surgery completely eliminate it?
Last resort: Normally this is a last resort since this is caused by improper biomechanical support. Injections, taping, orthotics and stretching exercises are often successful. Surgery to remove spur and release tension on plantar fascia can be considered if other measures do not work. Diagnosis should be re-evaluated first. Surgery if often but not always successful. ...Read moreSee 2 more doctor answers
Would you recommend PRP or surgery for chronic plantar fasciitis/fasciosis & a spur that hasn't responded to orthotics, PT, steroid injection, taping, stretching?
I have used: Prp and traditional surgery for fascitis that doesn't respond. Prp is expensive and not covered. May try endoscopic plantar fasciotomy. ...Read moreSee 2 more doctor answers
Midfoot bone spurs - are a cause of overpronation and plantar fasciitis? My running progress is hindered by foot issues, should I get surgery?
Bone spurs: Not necessarily. I recommend you have an evaluation with a sports medicine doctor or rehab doctor first. I doubt surgery is the answer. ...Read more
Surgery on my foot due to plantar fasciitis, heel spur, tumor on nerve about 2wks ago.Painful still. Dr. Gave me a shot of cortisone didn't help. Next?
Follow up : With your surgeon, let them know your condition. Be patient but concerned. 2 weeks post- op is still considered part of the healing time. ...Read moreSee 2 more doctor answers
- Talk to a doctor live online for free
- How long does it take to feel better after h pylori treatment?
- How long should it take to get your energy back from surgery?
- How long should it take for nerves to heal after back surgery?
- Ask a doctor a question free online
- How long will it take for exercising to make me feel better?
- How long does it take to recover from plantar fasciitis surgery?
- How long did it take for your plantar fasciitis to heal?
- How long after quitting smoking will i feel better?
- Talk to a infectious disease specialist online


text: Gil Brandt, NFL.com Senior Analyst (May 25, 2004) -- Where were you 40 years ago? Were you in school, or in a different city? Who were you close with? Answer those questions, then try to figure out how you would go about reuniting yourself in the city you were in with the people you knew back then. That's the task the wives of eight former Dallas Cowboys players took on last September. Annette Liscio, Betty Manders, Ann Connelly, Nancy Howley, Biddie Jordan, Jan McIlhenny, Mary Ann Staubach and Marlene Tubbs -- all married to former Cowboys players Tony Liscio, Dave Manders, Mike Connelly, Chuck Howley, Lee Roy Jordan, Don McIlhenny, Roger Staubach and Jerry Tubbs, respectively -- got together and decided to reunite players from the Tom Landry era in Dallas. They started digging to find every player that played in Dallas from (1960 to 1988). Not only did they want to find the players, but they wanted to invite the media that covered the team on a full-time basis during that period of time, and they also wanted to include the doctors, trainers and front office people like myself. They did it on their own, with no corporate sponsorship or help from the Cowboys organization. The job of finding all these people was so tough, but they found all except 25 former players, and of the 25, at least 20 were deceased. Once they had the addresses and phone numbers to match the names, the invitations were sent for the reunion, held last weekend. I can't even put into words how much I enjoyed myself. This was an affair that I will never forget. The fact that we had guys come from everywhere to be here and that I hadn't seen a lot of these guys since 1962 just made it even more special. In total, we had about 75 players and 65 wives attend. We had Hall of Famers like Bob Lilly, Roger Staubach, Randy White and Mel Renfro (dressed like a genuine cattle baron). We had Cowboys Ring of Honor guys like Lee Roy Jordan, Chuck Howley, the the Hall of Famers. We had two should-be Hall of Famers there in Rayfield Wright and Cliff Harris. We even had seven of the 36 players we got in our expansion draft in 1960 in attendance: Don Healy, Gene Cronin, Don McIlhenny, Bob Fry, Ed Husmann, Tom Braatz and Jerry Tubbs. Also there were three undrafted players I signed: Byron Bradfute, Gary Wisener and Mike Connolly. We had people coming from North Carolina, Florida, Colorado, Ohio and California. Even Lynne Bratton, the widow of former player Lynn Hoyem, came all the way from Seattle to be part of this reunion. Tom Landry's wife, Alicia was there. We had players with their wives as well as players' ex-wives! All of the men looked healthy and happy, and all the ladies looked just as beautiful as the last time I had seen them. It started on Friday night at a five-star hotel in Dallas. As people arrived, the room got louder and was chock full of laughter, tears, hugs and handshakes. Remember, we were seeing people we hadn't seen in at least 20 years! On Saturday, a caravan complete with a beautiful luxury bus drove to Chuck Howley's ranch, about an hour and 15 minutes from Dallas. The place was an absolute showpiece -- 2,500 acres of land! Howley has seven lakes, a gardenhouse and a bunkhouse. It was the perfect place for us to refamiliarize ourselves. I said to Chuck, "I always thought we paid well, but we must have really paid well for you to get this!" He bought this ranch 29 years ago and ended up staying in Dallas after his pro career was over and opened a uniform cleaning business. Proof that there is life after football. We had a feast to end all feasts -- barbeque beef, ribs, turkey, just anything and everything you could want. Even the tables had blue and white tablecloths. We even had a great band there, and included in the band was Betty Manders' son, Mark. Mark even added during the night that it was fun for him to perform there in front of so many "aunts and uncles." True, they weren't really relatives but they all grew up together. Mark's dad, Dave, played center for us for a total of 10 seasons. Guess what happens when you get all these retired football people and their wives together in one place? You can only imagine how many stories were told, all of which were unbelieveably fantastic. Cliff Harris told a story about how in training camp, the players used to have a refrigerator in their room and stock it with beer. They implemented an honor system where if you took a beer, you had to put some money in a nearby jar. One day, Toni Fritsch, a kicker we got from a European scouting expedition, came in one night, put his money in the jar and took a beer. A little while later, Fritsch was back in the room, but then pulled a stunt and left with the jar! Don Healy reminded us about a preseason game we once played in Pendleton, Ore., against the L.A. Rams. This was a town of 4,000 people and we drew 13,000 in attendance for that game. To give you an idea of the area, the favorite pastime there is rodeo. In fact, the game was held at Round-Up Stadium, home of the annual Pendleton Round-Up, a gigantic cattle and rodeo show that still runs to this day. We get there, and the field was all full of manure and other junk. But Healy remembers when he and five teammates went to a restaurant to eat the day before our game. The service was slow and they made a fuss and got into a little altercation that brought the police out. The end result was that the guys were kicked out and left hungry. So they resorted to a movie theater for dinner -- not your typical dinner and a show. They go to the movie theater and the back of the place is filled with cowboys -- real cowboys, not Dallas Cowboys! Guys with hats, boots, the whole deal. So these six big guys go to the front of the theater to sit and watch the movie. The cowboys start to heckle our Cowboys, hollering "down in front!" Well our guys wouldn't take much of that, and they started yelling back, "up in back!" Another little altercation ensues, and the same cops come to break it up. The cops had had enough -- they escorted our players back to the hotel and made sure they went into their rooms. Anytime Healy tells a story, I listen. I was reminded of when Healy told Tex Schramm and I about a player the Bears drafted but let go of because George Halas wouldn't give him a raise. The player retired and went to work at a gas station in Wheeling, W.V. We worked him out and signed him, and he played for us over 12 seasons (we did have to give Chicago a draft pick). The guy was Chuck Howley -- if it weren't for that, he probably wouldn't have that ranch of his. Every group of guys have a story. Ken Frost, an undrafted defensive tackle we signed in 1961, and his wife told my wife about the time I went to their house to sign Ken. I offered a $500 signing bonus and told them to take their time to make their decision. They had four kids, and Ken took the kids for some ice cream and told his wife before he left not to let me get away. I never knew that, and I thought that was interesting. Frost played two years with us. Otto Brown, a defensive back who played for us in 1969, was also there. We heard a story about how once when we were in Philadelphia, an equipment man walked around the locker room asking if we had any tickets for will call. Brown noticed this and told Dan Reeves, our running back at the time, "Who is this Will Call guy? He must have a lot of money -- he's at all the games!" Of course it was a simple mistake. Brown learned everything he needed to know about leaving family and friends tickets after that. You just listen there in awe and listen to the things guys would do. They'd come to training camp, buy an automobile to get around in for $200, then sell it for $100 less than they paid when camp was over. I've done a lot of things in my life, and next to this past weekend, everything else is second best, and that includes winning Super Bowls. At the end, Lee Roy Jordan gets up and said, "Well, this was such a success, we'll probably do it again next year." I'm already counting the days.


text:
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To avoid genomic DNA amplification, at least one primer is designed crosses the junction of exons according to the conserved region of a specific gene with all variants.
Confirmed in positive organizations; screened the primer with high specificity and high sensitivity.
CD95 (APO-1/Fas) is an important inducer of the extrinsic apoptosis signaling pathway and therapy induced apoptosis of many tumor cells has been linked to the activity of CD95. is a prototype death receptor characterized by the presence of an 80 amino acid death domain in its cytoplasmic tail. This domain is essential for the recruitment of a number of signaling components upon activation by either agonistic anti-CD95 antibodies or cognate CD95 ligand that initiate apoptosis. The complex of proteins that forms upon triggering of CD95 is called the death-inducting signaling complex (DISC). The DISC consists of an adaptor protein and initiator caspases and is essential for induction of apoptosis. CD95 is also crucial for the negative selection of B cells within the germinal center (GC). Impairment of CD95-mediated apoptosis results in defective affinity maturation and the persistence of autoreactive B-cell clones. Changes in the expression of CD95 and/or its ligand CD95L are frequently found in human cancer. The downregulation or mutation of CD95 has been proposed as a mechanism by which cancer cells avoid destruction by the immune system through reduced apoptosis sensitivity. Thus, CD95 has therefore been viewed as a tumor suppressor. CD95 has been reported to be involved in the activation of NF-kappaB, MAPK3/ERK1, MAPK8/JNK, and the alternate pathways for CTL-mediated cytotoxicity. Accordingly, this protein is implicated in the pathogenesis of various malignancies and diseases of the immune system. The CD95/CD95L system was implicated in the etiology of inflammatory bowel disease (IBD) based, primarily, on the finding that CD95 is highly expressed in the intestinal epithelial cells and that epithelial apoptosis is increased in IBD.


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Elan Salzhauer, MD, is a board-certified urologist treating a wide range of urologic conditions, but specializing in oncology, robotic surgery and laparoscopy. He has a special interest in treating prostate and kidney cancer and believes in a multi-disciplinary approach to the treatment of these diseases. Dr. Salzhauer received his undergraduate degree from Yale University, his Medical School training from SUNY Upstate Medial School and his urology training from SUNY Downstate Medical School in New York City. He completed sub-specialty training at Memorial Sloan Kettering Cancer Center, focusing on prostate, kidney and bladder cancers. Dr. Salzhauer's research has been published in the Journal of Urology, the British Journal of Urology and the Journal of Pediatrics. He has presented his work at several international meetings. He has won several awards including a prestigious teaching award and he is a member of several major medical and urological associations. Dr. Salzhauer moved back to the Syracuse area after residency with his wife, who is a native of Cazenovia. They have two small boys and love being back in Upstate New York.
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Lutheran-Roots:(includes Reformed, UCC & other related
The purpose of this directory is to pull together information about Lutheran churches from various synods together into one spot for the express purpose of helping genealogical researchers to more easily locate the records they seek. Reformed and UCC churches will also be listed here since there is such a close tie, at least historically, with Lutheran churches.
The first directory added will be for the United States. Directories for other countries will be added later, unless someone wants to volunteer to take on another country in parallel.
This site will be under construction for the foreseeable future. If you would like to offer your help in creating and maintaining the webpages in the directory, please send an e-mail to me (Mary D. Taffet) at email@example.com.
Links to my other web pages:
Visitors since 06/01/2000
This page was last modified: Wednesday, 20-Oct-2004 00:46:20 MDT
Census Records | Vital Records | Family Trees & Communities | Immigration Records | Military Records Directories & Member Lists | Family & Local Histories | Newspapers & Periodicals | Court, Land & Probate | Finding Aids


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Benjamin Soencksen / Board Member 2008 to Present
Hailing originally from Germany, I come from a family of competitors and judges in the world of DanceSport. In 2003, my father received the second highest civil honor by the German government for his contribution to the sport, and my brother and nephew still actively compete.
For approximately 30 years, I have competed in International Style Latin and Standard throughout the world, and in same-sex dance competitions, since the Gay Games in Amsterdam 1998, culminating in 4th Place for 10-Dance at the Gay Games in Sydney 2002. As the Business Manager of Stepping Out Studios, where I have worked for the past 19 years and which is the only Studio in NYC to have a same-sex dance program called OUTdancing for the past 18 years, I have been actively involved in the same-sex dance partner scene for a long time.
After retiring from actively competing and dancing due to health problems, I started coaching same-sex couples and judging at same-sex competitions in the US and Europe (Eurogames 2004 in Munich; Pink Jukebox 2005 in London; Philadelphia Liberty Dance Challenge 2006, 2008, 2009 & 2010; 5-Boro-Dance Challenge, NYC 2007 & 2008; April Follies, Oakland, CA, 2010; Gay Games 2010 in Cologne). For the past three years, I have been Secretary on the Board of Directors of NASSPDA (North American Same-Sex Partner Dance Association) and instrumental in writing NASSPDA's Competition Rules. As the delegate from NASSPDA to the FGG (Federation of Gay Games), I am a member of the FGG's Sports Committee, and we are actively working with that committee on planning the DanceSport competition at the Gay Games 2014 in Cleveland.
As part of my decades of experience as a dancer, I studied all styles of partnership dancing and its history. During that time, I also trained as a costume designer at the Academy of Arts in Cologne, Germany, and built a costume design business during my first four years in New York City. During this time I collected credits (including The Lincoln Center Library and The NY Times) in theatre, cabaret, television, ice-skating, and partner dancing.
As a former apartment co-owner in New York City, I served on a Co-op Board as President and Vice-President for five years. I am now living happily with my partner Reinaldo -- a non-dancer who nevertheless accompanies me to all dance-related activities -- in a rent-controlled apartment for the past 11 years.
In addition to my current position as Business Manager of Stepping Out Studios (www.steppingoutstudios.com), I have managed other studios and departments within dance studios in New York and New Jersey since 1987. Currently, I also serve as Secretary of the Board of Directors of Reverb Dance, a not-for-profit corporation of which I am a founding member. It focuses on helping fresh, new talent in the contemporary dance community showcase its work in New York City.
My passion is my continued involvement with the world of same-sex partner dance. To that end, in 2007 I started DAGE (Dancesport Alliance for Gender Equality), a network of social and competitive same-sex dancers in the Tri-State area (New York, New Jersey, & Connecticut) communicating with each other via a yahoo group (http://groups.yahoo.com/group/dageonline/).


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Wow! Make sure you print this BOGO Dannon Whole Milk Yogurt coupon if available in your area. I think it MIGHT be regional, so not everyone may see the coupon. However, you can click our preclipped link below and if available in your area you will see it clipped at the top of the page. Take the coupon to Walmart, because you can grab two free cups with our coupon. Here's the preclipped link:
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Westpac Banking Corp chief executive Gail Kelly has refused to commit to passing on any cut in official interest rates to the bank's customers.
Markets and economists expect the Reserve Bank of Australia board to reduce the official cash rate to 4 per cent when it meets for the first time this year next Tuesday, with investors putting the odds of such a move at close to 80 per cent.
But elevated bank funding costs have cast doubt on whether major lenders will automatically match any cut in official rates, with Mrs Kelly claiming they are now higher than at any time during the global financial crisis.
While refusing to be drawn directly on how Westpac would respond to a rate cut next week, the bank boss said on ABC Radio on Friday morning that financial institutions were operating in a very difficult international environment.
"I really hoped a year ago that funding costs would be on the decline, that we would be returning back to something like a more normal level of funding costs, having absorbed much higher costs during the height of the global financial crisis," Mrs Kelly said.
"Unfortunately that has not happened and, with the trouble and distresses in the euro zone in particular, funding costs have remained elevated. If anything, they are more expensive on wholesale markets right now than they were at any time over the entirety of the GFC [global financial crisis]."
But Mrs Kelly said while we are facing a lower growth environment, "I think the cataclysmic risk of a collapse of the euro zone as an entirety, I think that's taken off the table".
Mrs Kelly comments came after ANZ Banking Group chief Mike Smith called the political debate on bank profits and interest rates "irrational".
The Australian Bankers' Association (ABA), which Mr Smith chairs, said on Thursday that while the RBA influenced short-term interest rates, other factors, such as international money markets and aggressive pricing of deposits, meant the cash rate was no longer an accurate indicator of bank funding costs.
Federal Treasurer Wayne Swan has sought to turn up the political heat on banks ahead of next week's RBA meeting, arguing that because they are "highly profitable" they can afford to pass on rate cuts in full.
But Mrs Kelly warned of the risk of a credit crunch unless bank were able to manage their net interest margins appropriately.
"We have a very good and healthy relationship with the Federal Treasurer," she said.
"But our funding costs have increased quite markedly, and that we can see in our net interest margins, and unless we price risk properly we actually land up with products being mis-priced from a point of view of the risk premiums.
"It is important for us to get this right, otherwise potentially we actually land up wanting to reduce the level of credit and therefore potentially landing up in a credit crunch. That's not something that I or the banking sector or the Federal Treasurer would want."
On banking jobs, the Westpac chief executive said there was unlikely to be a repeat of Thursday's announcement that 550 positions at the bank would be abolished.
"This is the largest announcement we are likely to make this year," she said.
The Australian Financial Review


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More is more is more at Wout Bru's Bistrot d'Eygalières (Rue de la République; 33-4/90-90-60-34; dinner for two $240), one of the most inspired and satisfying restaurants in Provence (lobster lasagne with confit tomatoes and thyme butter, anyone?), located 15 miles south of Avignon. And the four spacious, well-priced, serenely stylish guest rooms above the restaurant are the greatest lodging secret in the region (www.chezbru.com; doubles from $150). Bru wasn't born in Provence—he's Belgian—but given this look inside his address book, he may know it better than the mayor of Marseilles does.
GARDEN Arnaud Maurières and Eric Ossart's enthralling one-of-a-kind garden, Le Jardin de l'Alchimiste, showcases the sorcerous power of plants and the sometimes spooky medieval art of alchemy. Mas de la Brune, Eygalières; 33-4/90-90-67-67.
SCENTS, SWEETS, SAVORIES This is the defining southern France shopping experience—perfumed, scrumptious, and homespun. On two floors of a lovely old village house, La Maison d'Anaïs offers a seductive selection of lavender honey, tapenades, black and white nougat, plus savon de Marseilles and two made- in-Provence fragrance collections: Lothantique and Amélie et Mélanie. Rue de la République, Eygalières; 33-4/90-90-65-44.
OUTFITTER The indestructible moleskin riding pants worn by cowboys in the Camargue region of Provence owe their erotic cachet not just to the thigh- girding cut but to a graphic pencil line of contrast piping that runs down the legs. The great specialty of Les Indiennes de Nîmes, the pants are one of the rare items of folk dress you can buy and wear anywhere (i.e., you won't look like an idiot wearing them back home). 4 Place de la République, Arles; 33-4/90-18-21-52.
OLIVE OIL As producers of an A.O.C. Vallée des Baux de Provence oil, the 18th-century Château d'Estoublon is required to press its olives within three days of harvesting to prevent fermentation. Instead, it does this rule one better by pressing the fruit inside of 24 hours. Oil is sold alongside glassware, honey, pottery, quilts, and the Estoublon wine that owner Rémy Reboul makes with celebrated bad-boy vintner Eloi Dürrbach of neighboring Domaine de Trevallon. Route de Maussane, Fontvieille; 33-4/90-54-64-00.
CHOCOLATE The fearless flavors chez iconoclast Joël Durand swing from the herbal (thyme, rosemary) to the floral (violet, jasmine). Sweetening his international reputation are handcrafted caramel lollipops and edgy jams made with star anise and Corsican citrons. 3 Blvd. Victor Hugo, St.-Rémy-de-Provence; 33-4/90-92-38-25.
PATISSERIE When it comes to off-the-charts cookies in France, all roads lead to Le Petit Duc, whose Oreilles de la Bonne Déesse, or Ears of the Good Goddess, are an adaptation of an elaborate Roman porridge recipe that uses olive oil, red wine, pepper, honey—and cumin. Olive or fennel shortbread partners deliciously with champagne. 7 Blvd. Victor Hugo, St.-Rémy-de-Provence; 33-4/90-92-08-31.
VINEYARD To purchase the lusty red that Dominique Hauvette turns out under the Baux de Provence appellation at Domaine Hauvette, you'll need an appointment—if you can snag one. The proto–micro estate occupies just 35 acres at the foot of the lunar Alpilles mountains. La Haute Galine, St.-Rémy- de-Provence; 33-4/90-92-03-90.
MUSEUM Judith Krantz helped herself to his name for a cheesy bestseller. More respectfully, Christian Lacroix borrowed the fichus and petticoats of his beloved Arlésiennes. But for a true understanding of Frédéric Mistral—whose signal work, Mireille, has all the grandeur of a Greek tragedy—visit his home, Le Musée Frédéric Mistral, which is just as he left it at his death in 1914 at age 84. Ave. Lamartine, Maillane; 33-4/90-95-84-19.
CAFÉ With its resident DJ and even a bouncer, the Opéra Café is an oasis très design, as the French say, in the Papal City's principal square. At about $17, the lunch formule is a good value (appetizer and main course or main course and dessert). Huffy waiters do a very credible imitation of their Parisian brethren. 24 Place de l'Horloge, Avignon; 33-4/90-86-17-43.


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|Home > Business > News > Article
It is understood that KKR, which was receiving informal advice from former Asda chairman Archie Norman, concluded that a Ł3 billion ($A7.9 billion) offer for Safeway was too risky.
One source said: "The valuation of the business is much too high." Another suggested that KKR had its worst fears confirmed over Safeway's trading when the possible bidders received additional confidential information earlier this month.
It highlighted the heavy costs associated with Safeway's "high-low" pricing strategy, which involves selected deep discounts on some products.
The confidential information also suggested that refurbishments of existing stores had not been successful.
- Telegraph
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Saint Arnold Brewing Company
2522 Fairway Park Drive
Houston, TX 77092
(713) 686-9494
Saint Arnold Brewing Company strives to brew and market the finest beers and ales in Texas. All Saint Arnold beers and ales are handcrafted with only four traditional ingredients: malted grain, hops, yeast, and pure water. No preservatives, additives, or cereal grains are ever used, and the beer is never pasteurized. The beer is stored cold and shipped absolutely fresh to retail outlets.
Join us for our Annual Saint Arnold Oktoberfest - Held every October (at our brewery); or join our email list, because something is always going on!!