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[116 U.S. 616, 617] E. B. Smith and S. G. Clarke, for plaintiffs in error.
Sol. Gen. Goode, for defendant in error.
This was an information filed by the district attorney of the United States in the district court for the Southern district of New York, in July, 1884, in a cause of seizure and forfeiture of property, against 35 cases of plate glass, seized by the collector as forfeited to the United States, under the twelfth section of the 'Act to amend the customs revenue laws,' etc., passed June 22, 1874, (18 St. 186.) It is declared by that section that any owner, importer, consignee, etc., who shall, with intent to defraud the revenue, make, or attempt to make, any entry of imported merchandise, by means of any fraudulent or false invoice, affidavit, letter, or paper, or by means of any false statement, written or verbal, or who shall be guilty of any willful act or omission, by means whereof the United States shall be deprived of the lawful duties, or any portion thereof, accruing upon the merchandise, or any portion thereof, embraced or referred to in such invoice, affidavit, letter, paper, or statement, or affected by such act or omission, shall for each offense be fined in any sum not exceeding $5,000 nor less than $50, or be imprisoned for any time not exceeding two years, or both; and, in addition to such fine, such merchandise shall be forfeited.
The charge was that the goods in question were imported [116 U.S. 616, 618] into the United States to the port of New York, subject to the payment of duties; and that the owners or agents of said merchandise, or other person unknown, committed the alleged fraud, which was described in the words of the statute. The plaintiffs in error entered a claim for the goods, and pleaded that they did not become forfeited in manner and form as alleged. On the trial of the cause it became important to show the quantity and value of the glass contained in 29 cases previously imported. To do this the district attorney offered in evidence an order made by the district judge under the fifth section of the same act of June 22, 1874, directing notice under seal of the court to be given to the claimants, requiring them to produce the invoice of the 29 cases. The claimants, in obedience to the notice, but objecting to its validity and to the constitutionality of the law, produced the invoice; and when it was offered in evidence by the district attorney they objected to its reception on the ground that, in a suit for forfeiture, no evidence can be compelled from the claimants themselves, and also that the statute, so far as it compels production of evidence to be used against the claimants, is unconstitutional and void. The evidence being received, and the trial closed, the jury found a verdict for the United States, condemning the 35 cases of glass which were seized, and judgment of forfeiture was given. This judgment was affirmed by the circuit court, and the decision of that court is now here for review.
As the question raised upon the order for the production by the claimants of the invoice of the 29 cases of glass, and the proceedings had thereon, is not only an important one in the determination of the present case, but is a very grave question of constitutional law, involving the personal security, and privileges and immunities of the citizen, we will set forth the order at large. After the title of the court and term, it reads as follows, to-wit:
The fifth section of the act of June 22, 1874, under which this order was made, is in the following words, to-wit:
This section was passed in lieu of the second section of the act of March 2, 1867, entitled 'An act to regulate the disposition of the proceeds of fines, penalties, and forfeitures incurred under the laws relating to the customs, and for other purposes,' (14 St. 547,) which section of said last-mentioned statute authorized the district judge, on complaint and affidavit that any fraud on the revenue had been committed by any person interested or engaged in the importation of merchandise, to issue his warrant to the marshal to enter any premises where any invoices, books, or papers were deposited relating to such merchandise, and take possession of such books and papers and [116 U.S. 616, 621] produce them before said judge, to be subject to his order, and allowed to be examined by the collector, and to be subject to his order, and allowed deem necessary. This law being in force at the time of the revision, was incorporated into sections 3091, 3092, 3093, of the Revised Statutes.
The section last recited was passed in lieu of the seventh section of the act of March 3, 1863, entitled 'An act to prevent and punish frauds upon the revenue,' etc. 12 St. 737. The seventh section of this act was in substance the same as the second section of the act of 1867, except that the warrant was to be directed to the collector instead of the marshal. It was the first legislation of the kind that ever appeared on the statute book of the United States, and, as seen from its date, was adopted at a period of great national excitement, when the powers of the government were subjected to a severe strain to protect the national existence. The clauses of the constitution, to which it is contended that these laws are repugnant, are the fourth and fifth amendments. The fourth declares: 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.' The fifth article, among other things, declares that no person 'shall be compelled in any criminal cace to be a witness against himself.' But, produce them. That is so; but it declares is contended that, whatever might have been alleged against the constitutionality of the acts of 1863 and 1867, that of 1874, under which the order in the present case was made, is free from constitutional objection, because it does not authorize the search and seizure of books and papers, but only requires the defendant or claimant to producethem. That is so; but it declares that if he does not produce them, the allegations which it is affirmed they will prove shall be taken as confessed. This is tan- [116 U.S. 616, 622] tamount to compelling their production, for the prosecuting attorney will always be sure to state the evidence expected to be derived from them as strongly as the case will admit of. It is true that certain aggravating incidents of actual search and seizure, such as forcible entry into a man's house and searching among his papers, are wanting, and to this extent the proceeding under the act of 1874 is a mitigation of that which was authorized by the former acts; but it accomplishes the substantial object of those acts in forcing from a party evidence against himself. It is our opinion, therefore, that a compulsory production of a man's private papers to establish a criminal charge against him, or to forfeit his property, is within the scope of the fourth amendment to the constitution, in all cases in which a search and seizure would be, because it is a material ingredient, and effects the sole object and purpose of search and seizure.
The principal question, however, remains to be considered. Is a search and seizure, or, what is equivalent thereto, a compulsory production of a man's private papers, to be used in evidence against him in a proceeding to forfeit his property for alleged fraud against the revenue laws-is such a proceeding for such a purpose an 'unreasonable search and seizure' within the meaning of the fourth amendment of the constitution? or is it a legitimate proceeding? It is contended by the counsel for the government, that it is a legitimate proceeding, sanctioned by long usage, and the authority of judicial decision. No doubt long usage, acquiesced in by the courts, goes a long way to prove that there is some plausible ground or reason for it in the law, or in the historical facts which have imposed a particular construction of the law favorable to such usage. It is a maxim that, consuetudo est optimus interpres legum; and another maxim that, contemporanea expositio est optima et fortissima in lege. But we do not find any long usage or any contemporary construction of the constitution, which would justify any of the acts of congress now under consideration. As before stated, the act of 1863 was the first act in this country, and we might say, either in this country or in England, so far as we have been able to ascertain, which authorized the [116 U.S. 616, 623] search and seizure of a man's private papers, or the compulsory production of them, for the purpose of using them in evidence against him in a criminal case, or in a proceeding to enforce the forfeiture of his property. Even the act under which the obnoxious writs of assistance were issued2 did not go as far as this, but only authorized the examination of ships and vessels, and persons found therein, for the purpose of finding goods prohibited to be imported or exported, or on which the duties were not paid, and to enter into and search any suspected vaults, cellars, or warehouses for such goods. The search for and seizure of stolen or forfeited goods, or goods liable to duties and concealed to avoid the payment thereof, are totally different things from a search for and seizure of a man's private books and papers for the purpose of obtaining information therein contained, or of using them as evidence against him. The two things differ toto coelo. In the one case, the government is entitled to the possession of the property; in the other it is not. The seizure of stolen goods is authorized by the common law; and the seizure of goods forfeited for a breach of the revenue laws, or concealed to avoid the duties payable on them, has been authorized by English statutes for at least two centuries past;3 and the like seizures have been authorized by our own revenue acts from the commencement of the government.
The first statute passed by congress to regulate the collection of duties, the act of July 31, 1789, (1 St. 43,) contains provisions to this effect. As this act was passed by the same congress which proposed for adoption the original amendments to the constitution, it is clear that the members of that body did not regard searches and seizures of this kind as 'unreasonable,' and they are not embraced within the prohibition of the amendment. So, also, the supervision authorized to be exercised by officers of the revenue over the manufacture or custody of excisable articles, and the entries thereof in books required by las [116 U.S. 616, 624] to be kept for their inspection, are necessarily excepted out of the category of unreasonable searches and seizures. So, also, the laws which provide for the search and seizure of articles and things which it is unlawful for a person to have in his possession for the purpose of issue or disposition, such as counterfeit coin, lottery tickets, implements of gambling, etc., are not within this category. Com. v. Dana, 2 Metc. 329. Many other things of this character might be enumerated. The entry upon premises, made by a sheriff or other officer of the law, for the purpose of seizing goods and chattels by virtue of a judicial writ, such as an attachment, a sequestration, or an execution, is not within the prohibition of the fourth or fifth amendment, or any other clause of the constitution; nor is the examination of a defendant under oath after an ineffectual execution, for the purpose of discovering secreted property or credits, to be applied to the payment of a judgment against him, obnoxious to those amendments. But, when examined with care, it is manifest that there is a total unlikeness of these official acts and proceedings to that which is now under consideration. In the case of stolen goods, the owner from whom they were stolen is entitled to their possession, and in the case of excisable or dutiable articles, the government has an interest in them for the payment of the duties thereon, and until such duties are paid has a right to keep them under observation, or to pursue and drag them from concealment; and in the case of goods seized on attachment or execution, the creditor is entitled to their seizure in satisfaction of his debt; and the examination of a defendant under oath to obtain a discovery of concealed property or credits is a proceeding merely civil to effect the ends of justice, and is no more than what the court of chancery would direct on a bill for discovery. Whereas, by the proceeding now under consideration, the court attempts to extort from the party his private books and papers to make him liable for a penalty or to forfeit his property.
In order to ascertain the nature of the proceedings intended by the fourth amendment to the constitution under the terms 'unreasonable searches and seizures,' it is only necessary to [116 U.S. 616, 625] recall the contemporary or then recent history of the controversies on the subject, both in this country and in England. The practice had obtained in the colonies of issuing writs of assistance to the revenue officers, empowering them, in their discretion, to search suspected places for smuggled goods, which James Otis pronounced 'the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law book;' since they placed 'the liberty of every man in the hands of every petty officer.' 4 This was in February, 1761, in Boston, and the famous debate in which it occurred was perhaps the most prominent event which inaugurated the resistance of the colonies to the oppressions of the mother country.
As every American statesman, during our revolutionary and formative period as a nation, was undoubtedly familiar with this monument of English freedom, and considered it as the true and ultimate expression of constitutional law, it may be confidently asserted that its propositions were in the minds [116 U.S. 616, 627] of those who framed the fourth amendment to the constitution, and were considered as sufficiently explanatory of what was meant by unreasonable searches and seizures. We think, therefore, it is pertinent to the present subject of discussion to quote somewhat largely from this celebrated judgment. After describing the power claimed by the secretary of state for issuing general search-warrants, and the manner in which they were executed, Lord CAMDEN says:
Then, after showing that these general warrants for search and seizure of papers originated with the Star Chamber, and never had any advocates in Westminster Hall except Chief Justice SCROGGS and his associates, Lord CAMDEN proceeds to add:
After a few further observations, his lordship concluded thus:
The views of the first congress on the question of compelling [116 U.S. 616, 631] a man to produce evidence against himself may be inferred from a remarkable section of the judiciary act of 1789. The fifteenth section of that act introduced a great improvement in the law of procedure. The substance of it is found in section 724 of the Revised Statutes, and the section as originally enacted is as follows, to-wit:
The restriction of this proceeding to 'cases and under circumstances where they [the parties] might be compelled to produce the same [books or writings] by the ordinary rules of proceeding in chancery,' shows the wisdom of the congress of 1789. The court of chancery had for generations been weighing and balancing the rules to be observed in granting discovery on bills filed for that purpose, in the endeavor to fix upon such as would best secure the ends of justice. To go beyond the point to which that court had gone may well have been thought hazardous. Now it is elementary knowledge that one cardinal rule of the court of chancery is never to decree a discovery which might tend to convict the party of a crime, or to forfeit his property. 8 And any compulsory discovery by extorting the party's oath, or compelling the production of his [116 U.S. 616, 632] private books and papers, to convict him of crime, or to forfeit his property, is contrary to the principles of a free government. It is abhorrent to the instincts of an Englishman; it is abhorrent to the instincts of an American. It may suit the purposes of despotic power, but it cannot abide the pure atmosphere of political liberty and personal freedom.
It is proper to observe that when the objectionable features of the acts of 1863 and 1867 were brought to the attention of congress it passed an act to obviate them. By the act of February 25, 1868, (15 St. 37,) entitled 'An act for the protection in certain cases of persons making disclosures as parties, or testifying as witnesses,' the substance of which is incorporated in section 860 of the Revised Statutes, it was enacted 'that no answer or other pleading of any party, and no discovery, or evidence obtained by means of any judicial proceeding from any party or witness in this or any foreign country, shall be given in evidence, or in any manner used against such party or witness, or his property or estate, in any court of the United States, or in any proceeding by or before any officer of the United States, in respect to any crime, or for the enforcement of any penalth or forfeiture by reason of any act or omission of such party or witness.' This act abrogated and repealed the most objectionable part of the act of 1867, (which was then in force,) and deprived the government officers of the convenient method afforded by it for getting evidence in suits of forfeiture; and this is probably the reason why the fifth section of the act of 1874 was afterwards passed. No doubt it was supposed that in this new form, couched as it was in almost the language of the fifteenth section of the old judiciary act, except leaving out the restriction to cases in which the court of chancery would decree a discovery, it would be free from constitutional objection. But we think it has been made to appear that this result has not been attained; and that the law, though very speciously worded, is still obnoxious to the prohibition of the fourth amendment of the constitution, as well as of the fifth.
It has been thought by some respectable members of the profession that the two acts, that of 1868 and that of 1874, as being in pari materia, might be construed together so as to restrict [116 U.S. 616, 633] the operation of the latter to cases other than those of forfeiture, and that such a construction of the two acts would obviate the necessity of declaring the act of 1874 unconstitutional. But as the act of 1874 was intended as a revisory act on the subject of revenue frauds and prosecutions therefor, and as it expressly repeals the second section of the act of 1867, but does not repeal the act of 1868, and expressly excepts criminal suits and proceedings, and does not except suits for penalties and forfeitures, it would hardly be admissible to consider the act of 1868 as having any influence over the construction of the act of 1874. For the purposes of this discussion we must regard the fifth section of the latter act as independent of the act of 1868. Reverting, then, to the peculiar phraseology of this act, and to the information in the present case, which is founded on it, we have to deal with an act which expressly excludes criminal proceedings from its operation, (though embracing civil suits for penalties and forfeitures,) and with an information not technically a criminal proceeding, and neither, therefore, within the literal terms of the fifth amendment to the constitution any more than it is within the literal terms of the fourth. Does this relieve the proceedings or the law from being obnoxious to the prohibitions of either? We think not; we think they are within the spirit of both.
We have already noticed the intimate relation between the two amendments. They throw great light on each other. For the 'unreasonable searches and seizures' condemned in the fourth amendment are almost always made for the purpose of compelling a man to give evidence against himself, which in criminal cases is condemned in the fifth amendment; and compelling a man 'in a criminal case to be a witness against himself,' which is condemned in the fifth amendment, throws light on the question as to what is an 'unreasonable search and seizure' within the meaning of the fourth amendment. And we have been unable to perceive that the seizure of a man's private books and papers to be used in evidence against him is substantially different from compelling him to be a witness against himself. We think it is within the clear intent and meaning of those terms. We are also clearly of opinion that [116 U.S. 616, 634] proceedings instituted for the purpose of declaring the forfeiture of a man's property by reason of offenses committed by him, though they may be civil in form, are in their nature criminal. In this very case the ground of forfeiture, as declared in the twelfth section of the act of 1874, on which the information is based, consists of certain acts of frand committed against the public revenue in relation to imported merchandise, which are made criminal by the statute; and it is declared, that the offender shall be fined not exceeding $5,000, nor less than $50, or be imprisoned not exceeding two years, or both; and in addition to such fine such merchandise shall be forfeited. These are the penalties affixed to the criminal acts, the forfeiture sought by this suit being one of them. If an indictment had been presented against the claimants, upon conviction the forfeiture of the goods could have been included in the judgment. If the government prosecutor elects to waive an indictment, and to file a civil information against the claimants,-that is, civil in form,-can he by this device take from the proceeding its criminal aspect and deprive the claimants of their immunities as citizens, and extort from them a production of their private papers, or, as an alternative, a confession of guilt? This cannot be. The information, though technically a civil proceeding, is in substance and effect a criminal one. As showing the close relation between the civil and criminal proceedings on the same statute in such cases we may refer to the recent case of Coffey v. U. S., 116 U. S., S. C. ante, 432, in which we decided that an acquittal on a criminal information was a good plea in bar to a civil information for the forfeiture of goods, arising upon the same acts. As, therefore, suits for penalties and forfeitures, incurred by the commission of offenses against the law, are of this quasi criminal nature, we think that they are within the reason of criminal proceedings for all the purposes of the fourth amendment of the constitution, and of that portion of the fifth amendment which declares that no person shall be compelled in any criminal case to be a witness against himself; and we are further of opinion that a compulsory production of the private books and papers of the owner of goods sought to be forfeited in such a suit is com- [116 U.S. 616, 635] pelling him to be a witness against himself, within the meaning of the fifth amendment to the constitution, and is the equivalent of a search and seizure-and an unreasonable search and seizure-within the meaning of the fourth amendment. Though the proceeding in question is divested of many of the aggravating incidents of actual search and seizure, yet, as before said, it contains their substance and essence, and effects their substantial purpose. It may be that it is the obnoxious thing in its mildest and least repulsive form; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure. This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon. Their motto should be obsta principiis. We have no doubt that the legislative body is actuated by the same motives; but the vast accumulation of public business brought before it sometimes prevents it, on a first presentation, from noticing objections which become developed by time and the practical application of the objectionable law.
There have been several decisions in the circuit and district courts sustaining the constitutionality of the law under consideration, as well as the prior laws of 1863 and 1867. The principal of these are Stockwell v. U. S., 3 Cliff. 284; In re Platt, 7 Ben. 261; U. S. v. Hughes, 12 Blatchf. 553; U. S. v. Mason, 6 Biss. 350; Same v. Three Tons of Coal, Id. 379; Same v. Distillery No. 28, Id. 483. The first and leading case was that of Stockwell v. U. S., decided by Mr. Justice CLIFFORD and Judge SHEPLEY, the law under discussion being that of 1867. Justice CLIFFORD delivered the opinion, and relied principally upon the collection statutes, which authorized the seizure of goods liable to duty, as being a contemporaneous [116 U.S. 616, 636] exposition of the amendments, and as furnishing precedents of analogous laws to that complained of. As we have already considered the bearing of these laws on the subject of discussion, it is unnecessary to say anything more in relation to them. The learned justice seemed to think that the power to institute such searches and seizures as the act of 1867 authorized, was necessary to the efficient collection of the revenue, and that no greater objection can be taken to a warrant to search for books, invoices, and other papers appertaining to an illegal importation than to one authorizing a search for the imported goods; and he concluded that, guarded as the new provision is, it is scarcely possible that the citizen can have any just ground of complaint. It seems to us that these considerations fail to meet the most serious objections to the validity of the law. The other cases followed that of Stockwell v. U. S. as a precedent, with more or less independant discussion of the subject. The Case of Platt and Boyd, decided in the district court for the Southern district of New York, was also under the act of 1867, and the opinion in that case is quite an elaborate one; but, of course, the previous decision of the circuit court in the Stockwell Case had a governing influence on the district court. The other cases referred to were under the fifth section of the act of 1874. The case of U. S. v. Hughes came up, first, before Judge BLATCHFORD in the district court in 1875. 8 Ben. 29. It was an action of debt to recover a penalty under the customs act, and the judge held that the fifth section of the act of 1874, in its application to suits for penalties incurred before the passage of the act, was an ex post facto law, and therefore, as to them, was unconstitutional and void; but he granted an order pro forma to produce the books and papers required, in order that the objection might come up on the offer to give them in evidence. They were produced in obedience to the order, and offered in evidence by the district attorney, but were not admitted. The district attorney then served upon one of the defendants a subpoena duces tecum, requiring him to produce the books and papers; and this being declined, he moved for an order to compel him to produce them; but the court refused to make such order. The books and [116 U.S. 616, 637] papers referred to had been seized under the act of 1867, but were returned to the defendants under a stipulation to produce them on the trial. The defendants relied, not only on the unconstitutionality of the laws, but on the act of 1868, before referred to, which prohibited evidence obtained from a party by a judicial proceeding from being used against him in any prosecution for a crime, penalty, or forfeiture. Judgment being rendered for the defendant, the case was carried to the circuit court by writ of error, and, in that court, Mr. Justice HUNT held that the act of 1868 referred only to personal testimony or discovery obtained from a party or witness, and not to books or papers wrested from him; and, as to the constitutionality of the law, he merely referred to the Case of Stockwell, and the judgment of the district court was reversed. In view of what has been already said, we think it unnecessary to make any special observations on this decision. In U. S. v. Mason, Judge BLODGETT took the distinction that, in proceeding in rem for a forfeiture, the parties are not required by a proceeding under the act of 1874 to testify or furnish evidence against themselves, because the suit is not against them, but against the property. But where the owner of the property has been admitted as a claimant, we cannot see the force of this distinction; nor can we assent to the proposition that the proceeding is not, in effect, a proceeding against the owner of the property, as well as against the goods; for it is his breach of the laws which has to be proved to establish the forfeiture, and it is his property which is sought to be forfeited; and to require such an owner to produce his private books and papers, in order to prove his breach of the laws, and thus to establish the forfeiture of his property, is surely compelling him to furnish evidence against himself. In the words of a great judge, 'Goods, as goods, cannot offend, forfeit, unlade, pay duties, or the like, but men whose goods they are.' 9
The only remaining case decided in the United States courts, [116 U.S. 616, 638] to which we shall advert, is that of U. S. v. Distillery No. 28. In that case Judge GRESHAM adds to the view of Judge BLODGETT, in U. S. v. Mason, the further suggestion, that as in a proceeding in rem the owner is not a party, he might be compelled by a subpoena duces tecum to produce his books and papers like any other witness; and that the warrant or notice for search and seizure, under the act of 1874, does nothing more. But we cannot say that we are any better satisfied with this supposed solution of the difficulty. The assumption that the owner may be cited as a witness in a proceeding to forfeit his property seems to us gratuitous. It begs the question at issue. A witness, as well as a party, is protected by the law from being compelled to give evidence that tends to criminate him, or to subject his property to forfeiture. Queen v. Newel, Parker, 269; 1 Greenl. Ev. 451-453. But, as before said, although the owner of goods, sought to be forteited by a proceeding in rem, is not the nominal party, he is, nevertheless, the substantial party to the suit; he certainly is so, after making claim and defense; and, in a case like the present, he is entitled to all the privileges which appertain to a person who is prosecuted for a forfeiture of his property by reason of committing a criminal offense.
We find nothing in the decisions to change our views in relation to the principal question at issue. We think that the notice to produce the invoice in this case, the order by virtue of which it was issued, and the law which authorized the order, were unconstitutional and void, and that the inspection by the district attorney of said invoice, when produced in obedience to said notice, and its admission in evidence by the court, were erroneous and unconstitutional proceedings. We are of opinion, therefore, that the judgment of the circuit court should be reversed, and the cause remanded, with directions to award a new trial; and it is so ordered.
I concur in the judgment of the court, reversing that of the circuit court, and in so much of the opinion of this court as [116 U.S. 616, 639] holds the fifth section of the act of 1874 void as applicable to the present case. I am of opinion that this is a criminal case within the meaning of that clause of the fifth amendment to the contitution of the United States which declares that no person 'shall be compelled in any criminal case to be a witness against himself.' And I am quite satisfied that the effect of the act of congress is to compel the party on whom the order of the court is served to be a witness against himself. The order of the court under the statute is in effect a subpoena duces tecum, and, though the penalty for the witness' failure to appear in court with the criminating papers is not fine and imprisonment, it is one which may be made more severe, namely, to have charges against him of a criminal nature, taken for confessed, and made the foundation of the judgment of the court. That this is within the protection which the constitution intended against compelling a person to be a witness against himself, is, I think, quite clear. But this being so, there is no reason why this court should assume that the action of the court below, in requiring a party to produce certain papers as evidence on the trial, authorizes an unreasonable search or seizure of the house, papers, or effects of that party. There is in fact no search and no seizure authorized by the statute. No order can be made by the court under it which requires or permits anything more than service of notice on a party to the suit. That there may be no mistake as to the effect of the statute and the power to be exercised under it, I give the section here verbatim:
Nothing in the nature of a search is here hinted at. Nor is there any seizure, because the party is not required at any time to part with the custody of the papers. They are to be produced in court, and, when produced, the United States attorney is permitted, under the direction of the court, to make examination in presence of the claimant, and may offer in evidence such entries in the books, invoices, or papers as relate to the issue. The act is careful to say that 'the owner of said books and papers, his agent or attorney, shall have, subject to the order of the court, the custody of them, except pending their examination in court as aforesaid.'
The fourth amendment says: 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized.' [116 U.S. 616, 641] The things here forbidden are two: search and seizure. And not all searches nor all seizures are forbidden, but only those that are unreasonable. Reasonable searches, therefore, may be allowed, and if the thing sought be found, it may be seized. But what search does this statute authorize? If the mere service of a notice to produce a paper to be used as evidence, which the party can obey or not as he chooses, is a search, then a change has taken place in the meaning of words, which has not come within my reading, and which I think was unknown at the time the constitution was made. The searches meant by the constitution were such as led to seizure when the search was successful. But the statute in this case uses language carefully framed to forbid any seizure under it, as I have already pointed out.
While the framers of the constitution had their attention drawn, no doubt, to the abuses of this power of searching private houses and seizing private papers, as practiced in England, it is obvious that they only intended to restrain the abuse, while they did not abolish the power. Hence it is only unreasonable searches and seizures that are forbidden, and the means of securing this protection was by abolishing searches under warrants, which were called general warrants, because they authorized searches in any place, for any thing.
This was forbidden, while searches founded on affidavits, and made under warrants which described the thing to be searched for, the person and place to be searched, are still permitted.
I cannot conceive how a statute aptly framed to require the production of evidence in a suit by mere service of notice on the party, who has that evidence in his possession, can be held to authorize an unreasonable search or seizure, when no seizure is authorized or permitted by the statute.
I am requested to say that the chief justice in this opinion.
[ Footnote 1 ] S. C. 24 Fed. Rep. 690, 692.
[ Footnote 2 ] 13 & 14 Car. II. c. 11, 5.
[ Footnote 3 ] 12 Car. H. c. 19; 13 & 14 Car. II. c. 11; 6 & 7 W. & M. c. 1; 6 Geo. I. c. 21; 26 Geo. III. c. 59; 29 Geo. III. c. 68, 153; etc.; and see the article 'Excise,' etc., in Burn, Just. and Williams, Just., passim, and 2 Evans, St. 221, sub-pages 176, 190, 225, 361, 431, 447.
[ Footnote 4 ] Cooley, Const. Lim. 301-303. A very full and interesting account of this discussion will be found in the works of John Adams, vol. 2, Appendix A, pp. 523-525; vol. 10, pp. 183, 233, 244, 256, etc., and in Quincy's Reports, pp. 469-482; and see Paxton's Case, Id. 51-57, which was argued in November of the same year, (1761.) An elaborate history of the writs of assistance is given in the appendex to Quincy's Reports, above referred to, written by Horace Gray, Jr., Esq., now a member of this court.
[ Footnote 5 ] See 3 May, Const. Hist. England, c. 11; Broom, Const. Law, 558; Cox, Inst. Eng. Gov. 437.
[ Footnote 6 ] See further as to searches and seizures, Story, Const. 1901, 1902, and notes; Cooley, Const. Lim. 299; Sedgw. St. & Const. Law, (2d Ed.) 498; Whart. Com. Amer. Law, 560; Robinson v. Richardson, 13 Gray, 454.
[ Footnote 7 ] Sixty-two years later a similar act was passed in England, viz., the act of 14 & 15 Vict. c. 99, 6. See Poll. Prod. Doc. 5.
[ Footnote 8 ] See Poll. Prod. Doc. 27; 77 Law Lib.
[ Footnote 9 ] VAUGHAN, C. J., in Sheppard v. Gosnold, Vaughan, 159, 172; approved by PARKER, C. B., in Mitchell v. Torup, Parker 227, 236.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Citation: 116 U.S. 616
Docket No: No. 47
Decided: February 01, 1886
Court: United States Supreme Court
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text:
Website Terms and Conditions
Website Terms and Conditions of Use Relating to www.supakids.co.za;
These Terms and Conditions ("the Terms and Conditions") govern your ("the User") use of the Supakids Children's Parties("Provider") website located at the domain name www.supakids.co.za ("the Website"). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
Electronic Communications
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
Any complaints regarding the standard and quality of the product or products / services bought by consumers through the agents should be directed to the CEO firstname.lastname@example.com
The offering on this website is available to South African clients and delivery addresses only, unless special arrangement is made before placing an order.
The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights ("the Owners"), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
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Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
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The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
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This website is run by Supakids Children's parties based in South Africa
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A copy of the ECT Act is available at http://www.internet.org.za/ect_act.html


text:
How to install dogpile.cache
- Download and install ActivePython
- Open Command Prompt
- Type
pypm install dogpile.cache
Lastest release
A caching API built around the concept of a "dogpile lock", which allows continued access to an expiring data value while a single thread generates a new value.
dogpile.cache builds on the dogpile.core locking system, which implements the idea of "allow one creator to write while others read" in the abstract. Overall, dogpile.cache is intended as a replacement to the Beaker caching system, the internals of which are written by the same author. All the ideas of Beaker which "work" are re-implemented in dogpile.cache in a more efficient and succinct manner, and all the cruft (Beaker's internals were first written in 2005) relegated to the trash heap.
- A succinct API which encourages up-front configuration of pre-defined "regions", each one defining a set of caching characteristics including storage backend, configuration options, and default expiration time.
- A standard get/set/delete API as well as a function decorator API is provided.
- The mechanics of key generation are fully customizable. The function decorator API features a pluggable "key generator" to customize how cache keys are made to correspond to function calls, and an optional "key mangler" feature provides for pluggable mangling of keys (such as encoding, SHA-1 hashing) as desired for each region.
- The dogpile lock, first developed as the core engine behind the Beaker caching system, here vastly simplified, improved, and better tested. Some key performance issues that were intrinsic to Beaker's architecture, particularly that values would frequently be "double-fetched" from the cache, have been fixed.
- Backends implement their own version of a "distributed" lock, where the "distribution" matches the backend's storage system. For example, the memcached backends allow all clients to coordinate creation of values using memcached itself. The dbm file backend uses a lockfile alongside the dbm file. New backends, such as a Redis-based backend, can provide their own locking mechanism appropriate to the storage engine.
- Writing new backends or hacking on the existing backends is intended to be routine - all that's needed are basic get/set/delete methods. A distributed lock tailored towards the backend is an optional addition, else dogpile uses a regular thread mutex. New backends can be registered with dogpile.cache directly or made available via setuptools entry points.
- Included backends feature three memcached backends (python-memcached, pylibmc, bmemcached), a Redis backend, a backend based on Python's anydbm, and a plain dictionary backend.
- Space for third party plugins, including the first which provides the dogpile.cache engine to Mako templates.
- Python 3 compatible in place - no 2to3 required.
dogpile.cache features a single public usage object known as the CacheRegion. This object then refers to a particular CacheBackend. Typical usage generates a region using make_region(), which can then be used at the module level to decorate functions, or used directly in code with a traditional get/set interface. Configuration of the backend is applied to the region using configure() or configure_from_config(), allowing deferred config-file based configuration to occur after modules have been imported:
from dogpile.cache import make_region region = make_region().configure( 'dogpile.cache.pylibmc', expiration_time = 3600, arguments = { 'url':["127.0.0.1"], 'binary':True, 'behaviors':{"tcp_nodelay": True,"ketama":True} } ) @region.cache_on_arguments() def load_user_info(user_id): return some_database.lookup_user_by_id(user_id)
See dogpile.cache's full documentation at dogpile.cache documentation.


text:
Shape: Octagon/Emerald Cut
Type: Sew-On
Our rhinestones are made of High-quality glass + vacuum plating, which will not scratch nor dull out, which is much better than normal glass and any acrylic.
There are 2 holes on each end of the flatback gems, you can sew them on or glue them to fulfill your decorations(glue is not included).
These flatback crystals can apply to decorate all kinds of clothes, such as wedding dresses, evening dresses, dance dresses, skirts, jeans, and so on. They are fit for all kinds of DIY crafts, for example: applied to decorate shoes, headbands, art projects, headpieces, bags, pants, hats, costumes, and more.
Shipping Methods ,Shipping Cost & Shipping Time
Due to the Covid-19 pandemic, you may experience delivery delays but we are committed to getting your jewelry to you as soon as possible.
Shipping Methods | Shipping Rates | Shipping Time |
Standard shipping | $5.00 | 10-20 working days |
DHL Express Shipping | $20.00(First 0.5 kg)+$5(Per 0.5 kg) | 5-8 working days |
Shipping Methods | Shipping Rates | Shipping Time |
Standard shipping | $5.00 | 10-20 working days |
DHL Express Shipping | $20.00(First 0.5 kg)+$7(Per 0.5 kg) | 5-8 working days |
Shipping Methods | Shipping Rates | Shipping Time |
Standard shipping | $10.00 | 15-30 working days |
DHL Express Shipping | $50.00(First 0.5 kg)+$12(Per 0.5 kg) | 5-8 working days |
Some remote areas can't provide shipping services, so customers in these areas can't purchase. If the countries and regions that can't be selected, it will not be purchased. The specifics are subject to the internal settings of our website. Thanks for your kindly understanding!
Please pay attention
Total Delivery Time = Processing Time + Shipping Time
What is processing time?
After receiving your order, we conduct Quality Control checks and testing in order to ensure the product's quality prior to shipment. The processing time varies depending on the specific product with the average processing time approximately 2 business days.
Important Notes:
Shipping times will be affected during public holidays; manufacturers and couriers will limit their operations at these times. This is outside our control. Normal service resumes immediately after each holiday.
Please Note:
1. DHL Express cannot deliver to P.O. Boxes or military addresses. We could only ship to P.O. Boxes and military addresses (APO, FPO) address via the Standard Shipping method.
2. According to the shipping company's policy, shipments in remote areas require additional logistics surcharges, Thanks for your kindly understanding!
3. The above shipping times are estimates quoted by our courier companies. Delays do happen occasionally due to uncontrollable factors, but please be assured that WholesaleRhinestone will do our best to limit any inconveniences that may arise.
4. Delays may happen occasionally due to uncontrollable factors, e.g. holiday season, bad weather conditions, strikes as well as war, etc., but please be assured that. WholesaleRhinestone will do our best to limit any inconveniences that may arise. In case of any question and unexpected delay, you can always contact us at email@example.com. If you don't receive your parcel within this period, please contact us at firstname.lastname@example.com
Tracking My Order
Once your order is shipped, you will receive a shipping notification to your email address notifying you of your tracking details, you can also check the status of your order online with shipping tracking number(https://www.17track.net/en). If your package has not been delivered within the estimated time frame of your shipping method, or you have additional questions regarding shipping, we are here to help you out! Contact us via Email: firstname.lastname@example.com
Address Information
Orders are processed as quickly as possible, and for this reason, we suggest you have a check and provide us with a correct and complete shipping address. Pay attention to the shipping address and your billing address are correct.
We are committed to creating a comfortable and well-pleasing shopping experience at Wholesalerhinestone.shop. That's why we offer an easy 14-days Return/ Exchange service for all purchases. Below are the detailed instructions on how to process a return or exchange. All the policies begin from the date you received the product to the date the problem was reported to us first. Please see whether either of these pertain to you and if the item(s) are covered by our 14 Return & Exchange Policy.
The following reasons are covered by our 14 days Full Coverage Return/Exchange Policy. (Customer is responsible for return postage fees, and replacement postage fees. WholesaleRhinestone will refund all shipping fees.)
We sent the wrong order or item(s), you received any broken items, or the quality of the products you received is poor/defective.
Paint is chipping, Crystals fall off, etc. (We will only exchange the item(s) for the same product, or for the item(s) of equal or lesser value.
The following reasons are covered by our 14 days of Limited Coverage Return/Exchange Policy. (Customer is responsible for return postage fees, and replacement postage fees. WholesaleRhinestone does not refund any shipping fees.)
You chose the wrong size rhinestone(s).
Personal Reasons due to changed mind, personal taste, etc.
Return Service Procedure:
Please contact our service staff, and attach clear photos of the items that represent a quality issue.
Please follow the instructions that are provided by our customer service team.
Returns will be processed within 5 business days of receipt of your item(s). Please note that payment processing is beyond our control and it may take up to 5-7 additional business days for the funds to be credited to your account used during checkout.
Return address (only for receiving return items):
Consignee: Baohai
Address: Room 035, 1st Floor, Baode Building, No. 299 Futian Road, Yiwu, Zhejiang, China.
Zip Code: 322000
Phone Number: +8618967978873
1. Before you return the item(s), please communicate with our customer service email about your return requirements, and we will try our best to help you find a better solution than return and exchange.
2. Please don't send your return to the address on your package. That is not our return address and will affect the processing of your return.
Items that are being returned should be new, and unworn. They should be kept in its original condition in which you received them in.
Please contact one of our customer service representatives to request a return authorization and the return instructions.
Once your order has been submitted we will ship your order out in 1-3 days.
We accept order cancellation before the product is shipped or produced. If the order is canceled you will get a full refund.
We cannot cancel the order if the product is already shipped out.
Wholesalerhinestone.shop reserves the right to make any amendments to this policy at any time. Notification of any changes will be published on this page. If you have any inquiries regarding cancellations or any of our other policies please Contact our Customer Service Representatives.


text:
Going forward I hope to re-release some of my archived information as information pages on this blog.
I'll also be updating my art materials pages to consolidate and simplify finding my recommendations and reviews from over 2,800 posts.
I hope you'll enjoy reading posts here on RozWoundUp from January 1, 2021 through the present.
Many early videos from my blog can still be viewed on my YouTube channel @Roz_Stendahl. That includes some painting demos open to the public.
On my Vimeo Channel Roz Stendahl you can see additional public demonstrations and art-talks.
If you would like to see more demonstrations with discussions about drawing, art materials, and the creative process I encourage you to subscribe to my Patreon blog, Roz Interim.
As of December 2022 there are three years of monthly demos, chats, lectures, webinars, and special creativity posts (including things like project suggestions, self-evaluation practices, skill exercises, and color theory).
There are two tiers of membership—Tier Three opens everything on my Patreon site and includes monthly webinars with me. Tier Two opens monthly demos and creativity posts but doesn't give access to webinars. Either subscription affords you quick responses from me when asking related art questions.
I promised subscribers that material I posted on Patreon would not appear elsewhere for a minimum of one year. However to date I have only shared a couple items from Patreon publicly, so there is a library of materials you can only enjoy through that subscription.
I hope you'll consider joining me on Patreon.
Post navigation Previous post: Using All Your Scraps in Book ArtsNext post: Fluid Watercolor Paper Easy Blocks


text:
To Blog or Not to Blog? Blog. Of Course We'd Say That.
Updated: 2021-03-22 01:21:20
Sure, blogs need a fair amount of work, but they boost Search Engine Optimization (SEO) and pay dividends in the long run. And if you're not sure what to write, check out Elance or Freelancer.com for affordable alternatives.
A well maintained blog is a very useful tool
How can a blog help your website become more visible?
Why? The short answer: blogs strengthen your website's visibility.
Blogs are business opportunities that help you:
Command attention from your customers. Use Hootsuite or


text:
This is a horse betting analysis and suggestion article. We don't intend to point out the winners every time, our goal is to suggest positive expected value bets in the long term.
Today's bet: Lingfield (AW) - Race 4 - 19h20 (UK Time)
Visit Bet365 and place your bets!
Betting Suggestions:
Race: | Lingfield (AW) - Race 4 - 19h20 (UK time) |
Bet: | Pharoh Jake - Winner (Bet365) @5.5 |
Stake: | 2 Units |
Betting suggestions presented in this column are punter in nature.
We don't intend to guess the winner every time. Our goal is to look for investment opportunities in bets we believe have positive expected value, meaning long term profit is to be expected. Therefore, we are not responsible for any losses you may have following our suggestions.
Moreover, horse racing markets are very volatile, so a good bank management strategy is fundamental, even more so than in football markets.
Our suggestions are usually for the Winner, E/W and Podium markets, but in some cases we may suggest multiple bets. Check the rules of these markets by reading the following article: «Horse racing market types».
This column features a specific and professional bank management strategy, based in units.
Bets suggested in this column have investment values from 1 to 4, depending on the reliability and value of the bet. This concept is similar to the well-known division of the stake in: Small, 1/3 of the unit, Mid, half unit, and Big, the whole stake.
Betting suggestions will be published from Tuesday to Saturday early in the morning.
Odds presented here are the ones available at Betfair and Bet365, so we suggest opening an account with them, because of the variety and type of bets, better odds and higher limits. Remember that you get great advantages by opening an account through the Academy. Just follow the link: «Win Academy Points».
Help keep this column going by sharing it and letting others know about its existence.


text: Space | 22. June 2011 Chasing Pluto's shadow Astronomers on board SOFIA fly over most of the water vapour in the atmosphere; it is precisely this that makes the desired infrared observations possible. But the fact that SOFIA flies has another major advantage: it is a mobile observatory. In contrast to ground-based observatories, it can be used at different locations around the globe. This can be very useful, for example, for the Pluto occultation that will take place these days. Many interesting astronomical events can only be observed from specific locations on Earth. Case in point: a solar eclipse. When the Moon passes between the Sun and Earth, the Moon's shadow only falls upon certain parts of Earth. Therefore, solar eclipses are only visible from certain places, even on the day- side of Earth. Eclipses are special cases of occultation, or the pass of an apparently larger celestial body in front of an apparently smaller one. Two such occultations of the dwarf planet Pluto will take place at the end of June 2011; on 23 June over the Pacific and on 27 June over Southeast Asia. Pluto's occultation over the Pacific will not be observed by large ground-based observatories since there are simply none there. But SOFIA can fly there, be in the right place at the predicted time, and allow astronomers to carry out observations. This is exactly what the SOFIA team is preparing for right now. To see the occultation, other observers with small telescopes will go on expeditions to islands in the Pacific. First, SOFIA has to fly about 2600 kilometers over the Pacific from her home base in Palmdale (California). As Pluto passes in front of the star, it will be illuminated from behind, allowing astronomers to perform an observational analysis of its atmosphere, which is of great interest to scientists. Since occultations are rare, they are regarded as particularly valuable observation opportunities. A similar occultation in 1985 with SOFIA's predecessor KAO allowed scientists to confirm the presence of Pluto's atmosphere. Image, right: A mosaic image of Pluto obtained with the Hubble Space Telescope. Image: NASA/ESA. Image: Visibility of Pluto's shadow on Earth during the Pluto occultation of 23 June 2011. Image: CNRS. The astronomical scales are large, so Pluto's shadow moves rapidly across the surface, reducing the opportunities of obtaining an optimal shot. SOFIA will be positioned in the middle of Pluto's shadow, and will be acquiring last minute information from MIT via satellite phone. The scientists on board, led by Ted Dunham of the Lowell Observatory in Flagstaff (Arizona) , will measure the density and temperature distribution of Pluto's atmosphere. For this they have installed their device, "HIPO" (High-speed Imaging Photometer for Occultation), on the SOFIA telescope. The relatively easy exchangeability of astronomical instruments is one SOFIA's advantages as an airborne observatory. After FORCAST and GREAT, HIPO is the third instrument to fly on SOFIA. Image: HIPO instrument (left, black) mounted on the SOFIA telescope (blue). Image: NASA. SOFIA is the world's only observatory that allows these kinds of measurements. I think it's a very exciting and flexible programme. It is likely that SOFIA will be increasingly requested for missions carried out within the infrared astronomical community. Let's keep our fingers crossed for Ted Dunham and the entire team, so they are able to obtain high quality data from this flight. SOFIA's ground track and current elevation information can as usual be obtained via FlightAware. Update, 23 June 2011: The mission was a success. Update 24 June 2011: NASA just published a press release, including the following statements: "Occultations give us the ability to measure pressure, density, and temperature profiles of Pluto's atmosphere without leaving the Earth," said Ted Dunham of the Lowell Observatory in Flagstaff, Ariz., who led the team of scientists aboard SOFIA during the Pluto observations. "Because we were able to maneuver SOFIA so close to the center of the occultation we observed an extended, small, but distinct brightening near the middle of the occultation. This change will allow us to probe Pluto's atmosphere at lower altitudes than is usually possible with stellar occultations." Image: SOFIA's 23 June ground track. Credit: Flightaware. "This was the first demonstration in practice of one of SOFIA's major design capabilities," said Bob Meyer, SOFIA's program manager. "Pluto's shadow traveled at 53,000 mph across a mostly empty stretch of the Pacific Ocean. SOFIA flew more than 1,800 miles out over the Pacific Ocean from its base in Southern California to position itself in the center of the shadow's path, and was the only observatory capable of doing so." There were some tense moments for SOFIA's international science team in the minutes leading up to Thursday's occultation. The precise position of Pluto in relation to Earth could not be sufficiently refined until a few hours before the event. That evening, a Lowell astronomer used facilities at the U.S. Naval Observatory in Flagstaff to take multiple photographs of Pluto and the star. Those data were passed to collaborators at the Massachusetts Institute of Technology (MIT) in Cambridge, Mass., who refined their prediction of the exact position and timing of Pluto's shadow track. About two hours before the occultation, the MIT group contacted SOFIA in-flight with the news that the center of the shadow would cross 125 miles north of the position on which the airborne observatory's flight plan had been based. After recalculating and filing a revised flight plan, SOFIA's flight crew and science team had to wait an anxious 20 minutes before receiving permission from air traffic control to alter the flight path accordingly. Update 30 June 2011: Meanwhile NASA's Brent Cobleigh also wrote a blog post on this flight.


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Coleps Video No. 156k Stream This barrel-shaped ciliate is covered by a layer of protective, calcareous plates and is commonly found in freshwater. Coleps is a rapid swimmer, revolving as it travels and using this motion to bore out chunks of other protozoans it is feeding upon. Questions or comments? Send us an email.© 1995-2022 by Michael W. Davidson and The Florida State University. All Rights Reserved. No images, graphics, software, scripts, or applets may be reproduced or used in any manner without permission from the copyright holders. Use of this website means you agree to all of the Legal Terms and Conditions set forth by the owners.
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If you're looking for a 5-star hotel in Barcelona, Spain, then look no further than the Mercer Hotel. People who want to experience the best in a quality hotel choose Mercer Hotel for their incredible services... read more
Sometimes the expense can be a bit much for 5-star hotels in Barcelona, Spain. The good news is you can get many of the same services and quality of rooms if you elect to go with a 4-star option... read more
Hotel Jazz of Barcelona is an amazing 3-star hotel choice. It is located between Plaza Catalunya and Passeig de Gracia. Many people find that staying at this hotel, is one of the best ways to learn your way around... read more
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Sometimes all that's necessary to achieve a great traveling experience is to book a stay at a bed and breakfast. In Barcelona you have several different choices of establishments, but... read more


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Create a Website Account - Manage notification subscriptions, save form progress and more.
Yes, however to be eligible for the Garland Housing Agency home ownership program, a family must meet the following criteria:
Please contact your case worker for more details and how to apply.
Show All Answers
Visit the Fair Housing section to see how to make a complaint.
The income limits are as follows:
To view the current Utility Allowance(s), please select from the list below:
The tenant is responsible for all deposits. The Garland Housing Agency does not provide funds for these expenses.
The tenant is responsible for rent in the amount of 30% of the annual adjusted gross income of the family.
No. The decision to rent to a tenant is the landlord's, as is the responsibility for checking credit and rental histories.
A voucher can be transferred to another agency, unless that agency is within the Garland Housing Agency's jurisdiction (50 mile radius). In that case, there is no need to transfer. The Garland Housing Agency will service vouchers within our jurisdiction. The process of transferring to another housing agency/authority is called Portability.
Voucher holders find their own housing units. All units must pass a Housing Quality Standards inspection by a Garland Housing Agency inspector before approval.
You can view GHA's jurisdiction here: Garland Housing Agency Jurisdiction Map.
You can also use our Interactive Jurisdiction Map that allows you to enter the address of a rental unit to determine if the unit falls within GHA's coverage area. GHA Interactive Jurisdiction Map
GHA covers all areas located within the RED outline. This includes/covers all of Dallas, Rockwall and Collin counties along with portions of:
Online applications are only accepted when the waiting list is open. Garland Housing Agency will no longer process hard copy applications.
No. Each agency maintains its own list. However, you may apply to as many agencies as feasible in your attempt to get housing assistance.
No. There are single family houses, townhouses, duplexes and apartments on the Garland Housing Agency program.
Currently, the City of Garland Housing Agency administers over 1,300 Housing Choice Vouchers.
Deposits are set by the landlords and utility companies, not by Garland Housing Agency.
Yes, as long as the family's total adjusted gross income falls within the guidelines.
At this time the Garland Housing Agency does not know how long a person will have to remain on the waiting list. You can check your position number and status by visiting the waiting list website.
Presently, there are no emergency shelters in Garland. People needing emergency assistance are referred to private social organizations or to shelters in Dallas.
Everyone must present a picture identification at the time of application.
The Garland Housing Agency's waiting list is currently closed to new applications.
The demand for rental assistance is greater than the number of available Housing Choice Vouchers. The Garland Housing Agency must wait for families to leave the program before adding new families. When families move off the program, vacated slots are filled from the Garland Housing Agency's waiting list of qualified applicants.
The Garland Housing Agency only administers the Housing Choice Voucher Program (Section 8).
Public Housing units are specific areas and complexes set aside for housing families. Section 8 units, however, are located in privately owned multi and single family dwellings throughout the City of Garland and surrounding communities, allowing tenants to choose the type of unit and the area in which they want to live.


text: EXCUSIVE This soothing all-white bouquet will help you offer comfort and support during a difficult time. Our caring florists artistically arrange fresh roses, snapdragons, carnations and more inside a beautiful white ceramic planter featuring a dove, the bird of peace, in raised detail on the front. Both classic and elegant, this heartfelt gift lets you convey your deepest sympathies to those who have lost a loved one. Arrangement of white roses, snapdragons, carnations, cushion poms and monte casino; accented with variegated pittosporum Can be sent to the home or office of friends, family members or business associates, or to the funeral service Designed inside a white ceramic planter, featuring a raised dove; measures 3.86"H x 9.25"L x 4.75"W Arrangement measures approximately 12"H x 12"L Our florists hand-design each arrangement, so colors and varieties may vary due to local availability


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Gardens can be great training grounds for fitness buffs.
Add trails for jogging. Build benches for workouts. Use trees and fence posts for stretching. Lose even more calories by squatting or lifting while weeding, planting, hauling and digging.
You can personalize your garden to fit your energy level. Equipment such as exercise beams and conditioning ladders are inexpensive and simple to make, while portable gear like weighted rollers, jump ropes, dumbbells and Swiss balls can be eased into the routines.
"If you have children's play equipment, it is easy to add a pull-up bar or climbing frame for adults to a treehouse," said Bunny Guinness, a landscape architect who runs a garden design business near Peterborough in central England.
Gardening in and of itself can be a formidable calorie burner, said Guinness, who with physiotherapist Jacqueline Knox wrote "Garden Your Way to Health and Fitness."
Regular physical activity reduces the risk of many illnesses, and gardening can provide it, said Margaret Hagen, an educator with University of New Hampshire Cooperative Extension.
"Raking is like using a rowing machine," Hagen said. "Turning a compost pile is similar to lifting weights. Carry a gallon sprinkling can of water in each hand and you've got 8-pound dumbbells. Pushing a lawnmower is like walking on a treadmill, only much more interesting."
Even more calories are burned when calisthenics are included in the mix. Add push-ups, chin-ups, bridging, power lunges and dips to the workouts.
Warm up before you begin to avoid cramping and joint pain. Pace yourself. Hydrate, especially if you're gardening out in the sun.
Avoid bending by using telescoping pruners, edgers and weeders. Opt for lightweight and easy-to-grip hand tools.
Work ergonomically. Stress good posture and balance.
"As someone who has had a back issue, I do try to follow my physical therapist's advice and be careful to kneel instead of stooping while gardening, and to lift with bent knees and a straight back," Hagen said.
"One of the things I like most about gardening is that because you stretch and move in so many directions, it works all your muscle groups, releasing tension everywhere in your body."
Don't forget to include mental health in your landscape design. Add tranquil herb gardens, soothing fountains, and small sitting areas for meditation, relaxing and cooling off.
"Any gardener can tell you that there is nothing like spending time outdoors gardening to refresh the soul," Hagen said. "Psychologically, I'm sure it provides the same benefits to gardeners that recent research says recess provides to schoolchildren."
Good nutrition also is an important part of any fitness package, and few things taste better than food served fresh from the garden.
"If you can boost your health and avoid stresses and strains in the process, it becomes all the more satisfying," Guinness said.
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10 Tips to Go Green in the Laundry Room
The EPA estimates that if Americans went green in the laundry room, they'd save three trillion gallons of water annually, along with over $18 billion per year. The laundry room is a place where we seem to spend a lot of time -- the agency's statistics show that the average household runs over 400 loads annually, which is more than one a day! A few simple practices in the laundry department can help you save energy, resources, and, our favorite thing, cash.
So let's talk about how to green your laundry:
1. Skip the dryer
No, we're not suggesting that you let your clothes sit in a soggy pile until they rot. But if you have fair weather, take advantage of it, and hang your clothes outside to dry. This also reduces wear and tear on your garments, making them last longer, which offers additional environmental benefits, since you won't be replacing them as quickly.
2. Select the right load size
Many people forget to check and account for the load size when they're throwing a load into the wash. Even a high efficiency washer (recommended for additional energy savings) can't work as well when you have the wrong load size set, so dial back the size if you're doing a small load...or increase it when you have a lot of laundry. If your washer doesn't allow you to choose the load size, talk to your Phoenix plumber about installing a new washer with more environmentally friendly options.
3. Combine loads
You may have spent your whole life being told to painstakingly separate laundry, but we'll let you in on a little secret: you can wash pretty much everything on cold or warm without having to worry about it. For new dark garments, it's a good idea to wash on cold without light colors at least once in case they bleed, but you don't need to be as careful about separating laundry the rest of the time. Instead, combine loads to do one big load instead of two smaller ones, which will save you some serious water.
4. Buy bulk and concentrated detergents
The smaller the item, the more the packaging. Packaging is a major contributor to waste, but it doesn't have to be if you buy smart. Buying items in bulk and choosing concentrated detergents won't just cut down on packaging: it will also save you money.
5. Go cold
We discussed it briefly above, but, seriously, use cold water for washing. The heat of the water isn't as important as the use of detergent and the wash cycle to agitate dirt and grime. According to the EPA, 90% of the energy used in washing is spent heating water, which is often needless. Guess what? Washing in hot water wears clothes faster and sets stains, too. Cold water is generally superior, unless hot water is specifically recommended: as for example when you're washing fabric to get rid of microorganisms like scabies.
6. Stop using dryer sheets
When you have to use the dryer, be smart. Having a problem with residue and static? Try adding some vinegar to your rinse water instead of using dryer sheets. Try using dryer balls to contain static--you can make your own with balls of wool! Want your clothes to have a fresh scent? Add a lavender sachet during the dry cycle.
7. Go homemade
Even better than going bulk and concentrate: make your own laundry products. You get to control the ingredients, and the results will be less expensive and more environmentally friendly.
8. Is it actually dirty?
Lots of clothes can be worn multiple times before washing, especially jeans, skirts, and pants. If you haven't been sweating or getting dirty while working on some complex electrical project, why not stick something back in the closet for another go-around before you consign it to the laundry basket?
Ironing uses energy and can scorch clothing at the wrong heat. So stop doing it! If you're concerned about wrinkles, hang clothes immediately after washing to allow the natural weight to pull wrinkles out; when they're completely dry, fold along the lines where you want creases and put neatly away under other garments, which will keep them pressed and smooth. If you're leaving clothes hanging for long periods, be aware that cheap wire hangers can be hard on your clothing. Why not invest in some quality wooden or padded hangers instead?
10. Stop going to the dry cleaner's
Dry cleaning uses harsh chemicals, harms fibers, and is expensive! Many fabrics designated "dry clean only" can actually be hand washed with mild soap (not detergent, which may break down fibers and cause shrinking and other problems). Use cool water, hand wash gently, and lay your garments flat to dry.
Katie Marks writes for Networx.com.
Updated September 2, 2018.
Looking for a Pro? Call us(866) 441-6648


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The rapidly growing Houston area continues to rank the fourth largest metro area in the United States behind New York, Los Angeles, and Chicago. Not only is the population huge, but the area includes 10 counties covering some 900 square miles and spreads some 50 miles in each direction.
Houston is a national and world center for the petroleum and petrochemical industry, but also shines as a general corporate center; local companies include Continental Airlines, Browning Ferris Industries, Waste Management, MinuteMaid (owned by Coca-Cola), and American General (insurance). There is a considerable amount of banking and general commerce and trade in the area, driven in part by the large port facility and the petrochemical industry.
The city grew in a fairly haphazard manner, with skyscraper complexes downtown and satellite corporate centers on the periphery. To the west along the I-610 inner beltway, the commercial center and satellite downtown area known as the Galleria contains a gigantic mall with over 300 stores and large office complexes. Both of these core areas feature a very modern skyline and the latest in transportation conveyances. Together downtown and the Galleria contain 6 1/2 miles of underground tunnels and malls, and a light rail system serving the downtown area. So much commercial activity is actually done on the periphery that downtown – if you can get there – is relatively pleasant, uncrowded and attractive.
Growth has spread in all directions, and traffic on the area's spider-web of freeways, many undergoing their second reconstruction, can slow to a crawl anywhere, anytime. Air quality is among the country's worst. Suburbs spread in all directions and particularly to the west, southwest, northwest and north. Areas southeast are older, more built up, industrial, and constrained by Galveston Bay.
The heavier industry is east and southeast in a 25 miles industrial corridor towards Texas City. Baytown, to the east and at the head of Galveston Bay, is a major oil refining and petrochemical center dominated by Exxon-Mobil. Galveston offers an interesting mix of antebellum commercial history and beach resort on Galveston Island just southeast of Texas City, and is a favored weekend getaway in an area that doesn't have very many. Farther west along the coast lies the industrial center of Freeport in Brazoria County, an enormous petrochemical and mineral processing center, with numerous beach houses built up on stilts up and down the coast and a corridor of small towns and residential areas spread back north towards Houston.
Cultural amenities are excellent and include performing arts, museums, and a variety of entertainment options. With the new NFL team, the Houston Texans, the Houston Astros (MLB), the Houston Rockets (NBA) and the University of Houston and Rice University teams, the city offers a full slate of sports entertainment. The Texas Medical Center is a leading-edge facility including 39 centers and employing 50,000 healthcare professionals. Although there are some lakes and the Gulf is 50 miles away, the area is notably lacking in outdoor recreational opportunities and the landscape is relatively featureless. Cost of living is notably low for a big city, and excellent housing is available.
The Houston landscape mainly is a flat, treeless plain crossed by several small streams and rivers, with a little more relief and some wooded areas to the north and northeast. The climate is humid subtropical with a marine influence. Summers are hot and sultry with daytime temperatures in the 90's and occasionally over 100 degrees. High relative humidity makes these temperatures uncomfortable—air-conditioning is a must. Winters are cloudy and mild with abundant rainfall. Clear dry days are most common in the fall. Heavy thunderstorms and tropical storms occasionally pass through the area.
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Ingredient-beancurd sheet
Ingredient-Ginkgo nuts
How to remove shell from Ginkgo seeds-knock the nuts with a hammer or a nutcracker until there is a small crack, peel the shell and skin off.
Also use a toothpick to remove the tiny seed inside otherwise it will taste a little bit bitter. My daughter is good in removing this.
Barley and beancurd dessert with Ginkgo白果腐竹薏米汤
(source: originated by Sonia aka Nasi Lemak Lover)
100g Barley, washed and cleaned
100g Ginkgo nuts, remove shell and skin
1pc Beancurd sheet (a special type that suitable for this dessert, easy to turn soft) , wash and soak for 5mins, cut into small pieces
130g rock sugar or to taste
3pcs pandan leaves (screwpine leaves)
2000ml water
1. Add barley, screwpine leaves and water into a large pot and bring to boil. Once water is boiled, cover and change to low flame and continue to boil for 30mins.
2. Put in Ginkgo nuts, continue to boil for another 30mins.
3. Add rock sugar and adjust according to your taste.
4. Add in beancurd sheet at the end ( 5mins before this dessert is done) or beancurd is broken. If you are using the normal type of beancurd sheet, add in 30mins before this dessert is done.
5. Can be served hot or cold.
* I prefer the beancurd sheet not totally dissolved in the soup, some people prefer it totally dissolved.


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Source: FBI (UCR) Uniform Crime Reporting
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