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Home / Alabama / Alabama House & Senate Bills / 2018 Alabama Legislative Regular Session / 2018 Alabama House Bills / HB 163
HB 163
Crossed Over
Dead/Failed/Vetoed
Veto Overridden
Action History
Bill Documents
Paul Beckman
Regular Session 2018
Trusts, Uniform Trust Decanting Act, enacted, decanting power of fiduciaries of certain trusts to distribute assets of the trusts to other trusts, fiduciary duties, procedures, notice, limitations, trusts for the care of animals, authorized
This bill would provide for the Alabama Uniform Trust Decanting Act and would give the authorized fiduciary of certain trusts decanting power to modify the trust either directly or by distributing assets to another trust while still carrying out the material purposes of the settlor and protecting the beneficiaries of the trust
This bill would provide for the fiduciary duties of the authorized fiduciary and would provide procedures for an authorized fiduciary who exercises the decanting power
This bill would provide notice requirements and circumstances that would involve the Attorney General or the courts with respect to the decanting of certain types of trusts
This bill would provide limitations and restrictions on the exercise of the decanting power and authorize under certain circumstances decanting of trusts for the care of an animal
To provide for the Alabama Uniform Trust Decanting Act; to give authorized fiduciaries of certain trusts decanting power; to provide for fiduciary duties; to provide procedures for exercising the decanting power; to provide notice requirements; to specify circumstances that would involve the courts or the Attorney General in decanting; to provide limitations and restrictions on the exercise of the decanting power; and to authorize under certain circumstances the decanting of trusts for the care of an animal.
Note: Bills that change current law do not show the amended text correctly below. Please view Original PDF to see amended sections: HB 163 - Introduced - PDF
SHORT TITLE. This act may be cited as the Alabama Uniform Trust Decanting Act.
DEFINITIONS. In this act the following terms have the following meanings: (1) APPOINTIVE PROPERTY. The property or property interest subject to a power of appointment. (2) ASCERTAINABLE STANDARD. A standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. Section 2041(b)(1)(A), as amended, or 26 U.S.C. Section 2514(c)(1), as amended, and any applicable regulations. (3) AUTHORIZED FIDUCIARY. (A) A trustee or other fiduciary, other than a settlor, that has the discretion to distribute or direct a trustee to distribute part or all of the principal of the first trust to one or more current beneficiaries; (B) a special fiduciary appointed under Section 9; or (C) a special-needs fiduciary under Section 13. (4) BENEFICIARY. A person that: (A) has a present or future, vested or contingent, beneficial interest in a trust; (B) holds a power of appointment over trust property; or (C) is an identified charitable organization that will or may receive distributions under the terms of the trust. (5) CHARITABLE INTEREST. An interest in a trust which: (A) is held by an identified charitable organization and makes the organization a qualified beneficiary; (B) benefits only charitable organizations and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary; or (C) is held solely for charitable purposes and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary. (6) CHARITABLE ORGANIZATION. (A) a person, other than an individual, organized and operated exclusively for charitable purposes; or (B) a government or governmental subdivision, agency, or instrumentality, to the extent it holds funds exclusively for a charitable purpose. (7) CHARITABLE PURPOSE. The relief of poverty, the advancement of education or religion, the promotion of health, a municipal or other governmental purpose, or another purpose, the achievement of which is beneficial to the community. (8) COURT. The court in this state having jurisdiction in matters relating to trusts. (9) CURRENT BENEFICIARY. A beneficiary that on the date the beneficiary's qualification is determined is a distributee or permissible distributee of trust income or principal. The term includes the holder of a presently exercisable general power of appointment but does not include a person that is a beneficiary only because the person holds any other power of appointment. (10) DECANTING POWER. The power of an authorized fiduciary under this act to distribute property of a first trust to one or more second trusts or to modify the terms of the first trust. (11) EXPANDED DISTRIBUTIVE DISCRETION. A discretionary power of distribution that is not limited to an ascertainable standard or a reasonably definite standard. (12) FIRST TRUST. A trust over which an authorized fiduciary may exercise the decanting power. (13) FIRST-TRUST INSTRUMENT. The trust instrument for a first trust. (14) GENERAL POWER OF APPOINTMENT. A power of appointment exercisable in favor of a powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. (15) JURISDICTION. With respect to a geographic area, includes a state or country. (16) PERSON. An individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (17) POWER OF APPOINTMENT. A power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. The term does not include a power of attorney. (18) POWERHOLDER. A person in which a donor creates a power of appointment. (19) PRESENTLY EXERCISABLE POWER OF APPOINTMENT. A power of appointment exercisable by the powerholder at the relevant time. The term: (A) includes a power of appointment exercisable only after the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after: (i) the occurrence of the specified event; (ii) the satisfaction of the ascertainable standard; or (iii) the passage of the specified time; and (B) does not include a power exercisable only at the powerholder's death. (20) QUALIFIED BENEFICIARY. A beneficiary that on the date the beneficiary's qualification is determined: (A) to be a distributee or permissible distributee of trust income or principal; (B) would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in subparagraph (A) terminated on that date, but the termination of those interests would not cause the trust to terminate; or (C) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. (21) REASONABLY DEFINITE STANDARD. A clearly measurable standard under which a holder of a power of distribution is legally accountable within the meaning of 26 U.S.C. Section 674(b)(5)(A), as amended, and any applicable regulations. (22) RECORD. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (23) SECOND TRUST. (A) a first trust after modification under this act; or (B) a trust to which a distribution of property from a first trust is or may be made under this act. (24) SECOND-TRUST INSTRUMENT. The trust instrument for a second trust. (25) SETTLOR. Except as otherwise provided in Section 25, a person, including a testator, that creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to the person's contribution except to the extent another person has power to revoke or withdraw that portion. (26) SIGN. With present intent to authenticate or adopt a record: (A) to execute or adopt a tangible symbol; or (B) to attach to or logically associate with the record an electronic symbol, sound, or process. (27) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (28) TERMS OF THE TRUST. The manifestation of the settlor's intent regarding a trust's provisions as expressed in the trust instrument, as may be established by other evidence that would be admissible in a judicial proceeding, or as may be established by court order or nonjudicial settlement agreement. (29) TRUST INSTRUMENT. A record executed by the settlor to create a trust or by any person to create a second trust which contains some or all of the terms of the trust, including any amendments.
SCOPE. (a) Except as otherwise provided in subsections (b) and (c), this act applies to an express trust that is irrevocable, or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest. (b) This act does not apply to a trust held solely for charitable purposes. (c) Subject to Section 15, a trust instrument may restrict or prohibit exercise of the decanting power. (d) This act does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, laws of this state other than this act, common law, a court order, or a nonjudicial settlement agreement. (e) This act does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.
FIDUCIARY DUTY. (a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust. (b) This act does not create or imply a duty to consider or exercise the decanting power or to inform beneficiaries about the applicability of this act. (c) Except as otherwise provided in a first-trust instrument, for purposes of this act and Sections 19-3B-801 and 19-3B-802(a) of the Code of Alabama 1975, the terms of the first trust are deemed to include the decanting power.
APPLICATION; GOVERNING LAW. This act applies to a trust created before, on, or after the effective date of this act which: (1) has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state; or (2) provides by its trust instrument that it is governed by the law of this state or is governed by the law of this state for the purpose of: (A) administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this state; (B) construction of terms of the trust; or (C) determining the meaning or effect of terms of the trust.
REASONABLE RELIANCE. A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under this act, laws of this state other than this act, or the law of another jurisdiction is not liable to any person for any action or failure to act as a result of the reliance.
NOTICE; EXERCISE OF DECANTING POWER. (a) In this section, a notice period begins on the day notice is given under subsection (c) and ends 59 days after the day notice is given. (b) Except as otherwise provided in this act, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval. (c) Except as otherwise provided in subsection (f), an authorized fiduciary shall not exercise the decanting power prior to 60 days after giving record notice of the intended exercise of the decanting power to: (1) each settlor of the first trust, if living or then in existence; (2) each qualified beneficiary of the first trust; (3) each holder of a presently exercisable power of appointment over any part or all of the first trust; (4) each person that currently has the right to remove or replace the authorized fiduciary; (5) each other fiduciary of the first trust; (6) each fiduciary of the second trust; and (7) the Attorney General, if Section 14(b) applies. (d) An authorized fiduciary may give notice under subsection (c) to a qualified beneficiary who is a minor or incapacitated individual by giving notice to such individual's representative. An authorized fiduciary is not required to give notice under subsection (c) to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence. (e) A notice under subsection (c) must: (1) specify the manner in which the authorized fiduciary intends to exercise the decanting power; (2) specify the proposed effective date for exercise of the power; (3) include a copy of the first-trust instrument; (4) include a copy of all second-trust instruments; (5) include a statement indicating the capacity in which the intended recipient is being given notice; and (6) include a statement that any application under Section 9 must be filed within six months from the day notice is given. (f) The decanting power may be exercised before expiration of the notice period under subsection (a) if all persons entitled to receive notice waive the period in a signed record. (g) The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under Section 9. (h) An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection (c) if the authorized fiduciary acted with reasonable care to comply with subsection (c).
REPRESENTATION. (a) Notice to a person with authority to represent and bind another person under a first-trust instrument or Chapter 3B (commencing with Section 19-3B-101) of Title 19 of the Code of Alabama 1975, has the same effect as notice given directly to the person represented. (b) Consent of or waiver by a person with authority to represent and bind another person under a first-trust instrument or Chapter 3B (commencing with Section 19-3B-101) of Title 19 of the Code of Alabama 1975, is binding on the person represented unless the person represented objects to the representation before the consent or waiver otherwise would become effective. (c) A person with authority to represent and bind another person under a first-trust instrument or Chapter 3B (commencing with Section 19-3B-101) of Title 19 of the Code of Alabama 1975, may file an application under Section 9 on behalf of the person represented. (d) A settlor may not represent or bind a beneficiary under this act.
COURT INVOLVEMENT. (a) On application of an authorized fiduciary, a person entitled to notice under Section 7(c), a beneficiary, or with respect to a charitable interest that is not entirely held by or for the benefit of one or more identified and existing charitable organizations, the Attorney General or other person that has standing to enforce the charitable interest, the court may: (1) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this act and consistent with the fiduciary duties of the authorized fiduciary; (2) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this act and to exercise the decanting power; (3) approve an exercise of the decanting power; (4) subject to the limitations set forth in subsection (c), determine that a proposed or attempted exercise of the decanting power is ineffective because: (A) after applying Section 22, the proposed or attempted exercise does not or did not comply with this act; or (B) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty; (5) determine the extent to which Section 22 applies to a prior exercise of the decanting power; (6) provide instructions to the trustee regarding the application of Section 22 to a prior exercise of the decanting power; or (7) order other relief to carry out the purposes of this act. (b) On application of an authorized fiduciary, the court may approve: (1) an increase in the fiduciary's compensation under Section 16; or (2) a modification under Section 18 of a provision granting a person the right to remove or replace the fiduciary. (c) A proceeding under subsection (a)(4) may not be commenced by a person entitled to notice under Section 7(c), or by a beneficiary, unless such proceeding is commenced within six months from the day notice is given under Section 7(a). Failure to receive notice shall not extend the notice period if the authorized fiduciary acted with reasonable diligence to comply with the requirements of Section 7(c). Section 10. FORMALITIES. An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by Section 7, identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust. Section 11. DECANTING POWER UNDER EXPANDED DISTRIBUTIVE DISCRETION. (a) In this section the following terms have the following meanings: (1) NONCONTINGENT RIGHT. A right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur. The term does not include a right held by a beneficiary if any person has discretion to distribute property subject to the right to any person other than the beneficiary or the beneficiary's estate. (2) PRESUMPTIVE REMAINDER BENEFICIARY. A qualified beneficiary other than a current beneficiary. (3) SUCCESSOR BENEFICIARY. A beneficiary that is not a qualified beneficiary on the date the beneficiary's qualification is determined. The term does not include a person that is a beneficiary only because the person holds a nongeneral power of appointment. (4) VESTED INTEREST. (A) A right to a mandatory distribution that is a noncontingent right as of the date of the exercise of the decanting power; (B) a current and noncontingent right, annually or more frequently, to a mandatory distribution of income, a specified dollar amount, or a percentage of value of some or all of the trust property; (C) a current and noncontingent right, annually or more frequently, to withdraw income, a specified dollar amount, or a percentage of value of some or all of the trust property; (D) a presently exercisable general power of appointment; or (E) a right to receive an ascertainable part of the trust property on the trust's termination which is not subject to the exercise of discretion or to the occurrence of a specified event that is not certain to occur. (b) Subject to subsection (c) and Section 14: (1) an authorized fiduciary that has expanded distributive discretion over the entire principal of a first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the entire principal of the first trust; and (2) an authorized fiduciary that has expanded distributive discretion over part but not all of the principal of a first trust may exercise the decanting power over that part of the principal over which the authorized fiduciary has expanded distributive discretion. (c) Subject to Section 13, in an exercise of the decanting power under this section, a second trust may not: (1) include as a current beneficiary a person that is not a current beneficiary of the first trust, except as otherwise provided in subsection (d); (2) include as a presumptive remainder beneficiary or successor beneficiary a person that is not a current beneficiary, presumptive remainder beneficiary, or successor beneficiary of the first trust, except as otherwise provided in subsection (d); or (3) reduce or eliminate a vested interest. (d) Subject to subsection (c)(3) and Section 14, in an exercise of the decanting power under this section, a second trust may be a trust created or administered under the law of any jurisdiction and may: (1) retain a power of appointment granted in the first trust; (2) omit a power of appointment granted in the first trust, other than a presently exercisable general power of appointment; (3) create or modify a power of appointment if the powerholder is a current beneficiary of the first trust and the authorized fiduciary has expanded distributive discretion to distribute principal to the beneficiary; and (4) create or modify a power of appointment if the powerholder is a presumptive remainder beneficiary or successor beneficiary of the first trust, but the exercise of the power may take effect only after the powerholder becomes, or would have become if then living, a current beneficiary. (e) A power of appointment described in subsection (d)(1) through (4) may be general or nongeneral. The class of permissible appointees in favor of which the power may be exercised may be broader than or different from the beneficiaries of the first trust. Section 12. DECANTING POWER UNDER LIMITED DISTRIBUTIVE DISCRETION. (a) In this section, "limited distributive discretion" means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard. (b) An authorized fiduciary that has limited distributive discretion over the principal of the first trust for benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust. If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power over that part of the principal over which the authorized fiduciary has limited distributive discretion. (c) Under this section and subject to Section 14, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests which are substantially similar to the beneficial interests of the beneficiary in the first trust. (d) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if: (1) the distribution is applied for the benefit of the beneficiary; (2) the beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under Chapter 3B (commencing with Section 19-3B-101) of Title 19 of the Code of Alabama 1975; or (3) the distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary. Section 13. TRUST FOR BENEFICIARY WITH DISABILITY. (a) In this section the following terms have the following meanings: (1) BENEFICIARY WITH A DISABILITY. A beneficiary of a first trust who the authorized fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who has been adjudicated incompetent or incapacitated. (2) GOVERNMENTAL BENEFITS. Financial aid or services from a state, federal, or other public agency. (3) SPECIAL-NEEDS FIDUCIARY. With respect to a trust that has a beneficiary with a disability: (A) a trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the principal of a first trust to one or more current beneficiaries; (B) if no trustee or fiduciary has discretion under subparagraph (A), a trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the income of the first trust to one or more current beneficiaries; or (C) if no trustee or fiduciary has discretion under subparagraphs (A) and (B), a trustee or other fiduciary, other than a settlor, that is required to distribute part or all of the income or principal of the first trust to one or more current beneficiaries. (4) SPECIAL-NEEDS TRUST. A trust the trustee believes would not be considered a resource for purposes of determining whether a beneficiary with a disability is eligible for governmental benefits. (b) A special-needs fiduciary may exercise the decanting power under Section 11 over the principal of a first trust as if the fiduciary had authority to distribute principal to a beneficiary with a disability subject to expanded distributive discretion if: (1) a second trust is a special-needs trust that benefits the beneficiary with a disability; and (2) the special-needs fiduciary determines that exercise of the decanting power will further the purposes of the first trust. (c) In an exercise of the decanting power under this section, the following rules apply: (1) Notwithstanding Section 11(c)(2), the interest in the second trust of a beneficiary with a disability may: (A) be a pooled trust as defined by Medicaid law for the benefit of the beneficiary with a disability under 42 U.S.C. Section 1396p(d)(4)(C), as amended; or (B) contain payback provisions complying with reimbursement requirements of Medicaid law under 42 U.S.C. Section 1396p(d)(4)(A), as amended. (2) Section 11(c)(3) does not apply to the interests of the beneficiary with a disability. (3) Except as affected by any change to the interests of the beneficiary with a disability, the second trust, or if there are two or more second trusts, the second trusts in the aggregate, must grant each other beneficiary of the first trust beneficial interests in the second trusts which are substantially similar to the beneficiary's beneficial interests in the first trust. Section 14. PROTECTION OF CHARITABLE INTEREST. (a) In this section the following terms have the following meanings: (1) DETERMINABLE CHARITABLE INTEREST. A charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time, and which is unconditional or will be held solely for charitable purposes. (2) UNCONDITIONAL. Not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the United States Internal Revenue Code of 1986, as amended, on the date of the distribution, if the charitable organization meets the requirement on the date of determination. (b) If a first trust contains a determinable charitable interest that is not entirely held by or for the benefit of one or more identified and existing charitable organizations, the Attorney General has the rights of a qualified beneficiary and may represent and bind the charitable interest. (c) If a first trust contains a charitable interest, the second trust or trusts may not: (1) diminish the charitable interest; (2) diminish the interest of an identified charitable organization that holds the charitable interest; (3) alter any charitable purpose stated in the first-trust instrument; or (4) alter any condition or restriction related to the charitable interest. (d) If there are two or more second trusts, the second trusts shall be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subsection (c). (e) If a first trust contains a determinable charitable interest that is not entirely held by or for the benefit of one or more identified and existing charitable organizations, the second trust or trusts that include a charitable interest pursuant to subsection (c) must be administered under the law of this state unless: (1) the Attorney General, after receiving notice under Section 7, fails to object in a signed record delivered to the authorized fiduciary within the notice period; (2) the Attorney General consents in a signed record to the second trust or trusts being administered under the law of another jurisdiction; or (3) the court approves the exercise of the decanting power. (f) This act does not limit the powers and duties of the Attorney General under laws of this state other than this act. Section 15. TRUST LIMITATION ON DECANTING. (a) An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of: (1) the decanting power; or (2) a power granted by state law to the fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust. (b) Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of: (1) the decanting power; or (2) a power granted by state law to a fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust. (c) A general prohibition of the amendment or revocation of a first trust, a spendthrift clause, or a clause restraining the voluntary or involuntary transfer of a beneficiary's interest does not preclude exercise of the decanting power. (d) Subject to subsections (a) and (b), an authorized fiduciary may exercise the decanting power under this act even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust. (e) If a first-trust instrument contains an express prohibition described in subsection (a) or an express restriction described in subsection (b), the provision must be included in the second-trust instrument. Section 16. CHANGE IN COMPENSATION. (a) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless: (1) all qualified beneficiaries of the second trust consent to the increase in a signed record; or (2) the increase is approved by the court. (b) If a first-trust instrument does not specify an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the compensation permitted by Chapter 3B (commencing with Section 19-3B-101) of Title 19 of the Code of Alabama 1975, unless: (1) all qualified beneficiaries of the second trust consent to the increase in a signed record; or (2) the increase is approved by the court. (c) A change in an authorized fiduciary's compensation which is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary's compensation for purposes of subsections (a) and (b). Section 17. RELIEF FROM LIABILITY AND INDEMNIFICATION. (a) Except as otherwise provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument. (b) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised. (c) A second-trust instrument may not reduce fiduciary liability in the aggregate. (d) Subject to subsection (c), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by laws of this state other than this act. Section 18. REMOVAL OR REPLACEMENT OF AUTHORIZED FIDUCIARY. An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless: (1) the person holding the power consents to the modification in a signed record and the modification applies only to the person; (2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or (3) the court approves the modification and the modification grants a substantially similar power to another person. Section 19. TAX-RELATED LIMITATIONS. (a) In this section the following terms have the following meanings: (1) GRANTOR TRUST. A trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. Sections 671 through 677, as amended, or 26 U.S.C. Section 679, as amended. (2) INTERNAL REVENUE CODE. The United States Internal Revenue Code of 1986, as amended. (3) NONGRANTOR TRUST. A trust that is not a grantor trust. (4) QUALIFIED BENEFITS PROPERTY. Property subject to the minimum distribution requirements of 26 U.S.C. Section 401(a)(9), as amended, and any applicable regulations, or to any similar requirements that refer to 26 U.S.C. Section 401(a)(9) or the regulations. (b) An exercise of the decanting power is subject to the following limitations: (1) If a first trust contains property that qualified, or would have qualified but for provisions of this act other than this section, for a marital deduction for purposes of the gift or estate tax under the Internal Revenue Code or a state gift, estate, or inheritance tax, the second-trust instrument must not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified. (2) If the first trust contains property that qualified, or would have qualified but for provisions of this act other than this section, for a charitable deduction for purposes of the income, gift, or estate tax under the Internal Revenue Code or a state income, gift, estate, or inheritance tax, the second-trust instrument must not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified. (3) If the first trust contains property that qualified, or would have qualified but for provisions of this act other than this section, for the exclusion from the gift tax described in 26 U.S.C. Section 2503(b), as amended, the second-trust instrument must not include or omit a term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under 26 U.S.C. Section 2503(b), as amended. If the first trust contains property that qualified, or would have qualified but for provisions of this act other than this section, for the exclusion from the gift tax described in 26 U.S.C. Section 2503(b), as amended, by application of 26 U.S.C. Section 2503(c), as amended, the second-trust instrument must not include or omit a term that, if included or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under 26 U.S.C. Section 2503(c), as amended. (4) If the property of the first trust includes shares of stock in an S corporation, as defined in 26 U.S.C. Section 1361, as amended, and the first trust is, or but for provisions of this act other than this section would be, a permitted shareholder under any provision of 26 U.S.C. Section 1361, as amended, an authorized fiduciary may exercise the power with respect to part or all of the S-corporation stock only if any second trust receiving the stock is a permitted shareholder under 26 U.S.C. Section 1361(c)(2), as amended. If the property of the first trust includes shares of stock in an S corporation and the first trust is, or but for provisions of this act other than this section would be, a qualified subchapter-S trust within the meaning of 26 U.S.C. Section 1361(d), as amended, the second-trust instrument must not include or omit a term that prevents the second trust from qualifying as a qualified subchapter-S trust. (5) If the first trust contains property that qualified, or would have qualified but for provisions of this act other than this section, for a zero inclusion ratio for purposes of the generation-skipping transfer tax under 26 U.S.C. Section 2642(c), as amended, the second-trust instrument must not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the transfer to the first trust from qualifying for a zero inclusion ratio under 26 U.S.C. Section 2642(c), as amended. (6) If the first trust is directly or indirectly the beneficiary of qualified benefits property, the second-trust instrument may not include or omit any term that, if included in or omitted from the first-trust instrument, would have increased the minimum distributions required with respect to the qualified benefits property under 26 U.S.C. Section 401(a)(9), as amended, and any applicable regulations, or any similar requirements that refer to 26 U.S.C. Section 401(a)(9), as amended or the regulations. If an attempted exercise of the decanting power violates the preceding sentence, the trustee is deemed to have held the qualified benefits property and any reinvested distributions of the property as a separate share from the date of the exercise of the power and Section 22 applies to the separate share. (7) If the first trust qualifies as a grantor trust because of the application of 26 U.S.C. Section 672(f)(2)(A), as amended, the second trust may not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the first trust from qualifying under 26 U.S.C. Section 672(f)(2)(A), as amended. (8) In this paragraph, "tax benefit" means a federal or state tax deduction, exemption, exclusion, or other benefit not otherwise listed in this section, except for a benefit arising from being a grantor trust. Subject to paragraph (9), a second-trust instrument may not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented qualification for a tax benefit if: (A) the first-trust instrument expressly indicates an intent to qualify for the benefit or the first-trust instrument clearly is designed to enable the first trust to qualify for the benefit; and (B) the transfer of property held by the first trust or the first trust qualified, or but for provisions of this act other than this section, would have qualified for the tax benefit. (9) Subject to paragraph (4): (A) except as otherwise provided in paragraph (7), the second trust may be a nongrantor trust, even if the first trust is a grantor trust; and (B) except as otherwise provided in paragraph (10), the second trust may be a grantor trust, even if the first trust is a nongrantor trust. (10) An authorized fiduciary may not exercise the decanting power if a settlor objects in a signed record delivered to the fiduciary within the notice period and: (A) the first trust and a second trust are both grantor trusts, in whole or in part, the first trust grants the settlor or another person the power to cause the first trust to cease to be a grantor trust, and the second trust does not grant an equivalent power to the settlor or other person; or (B) the first trust is a nongrantor trust and a second trust is a grantor trust, in whole or in part, with respect to the settlor, unless: (i) the settlor has the power at all times to cause the second trust to cease to be a grantor trust; or (ii) the first-trust instrument contains a provision granting the settlor or another person a power that would cause the first trust to cease to be a grantor trust and the second-trust instrument contains the same provision. Section 20. DURATION OF SECOND TRUST. (a) Subject to subsection (b), a second trust may have a duration that is the same as or different from the duration of the first trust. (b) To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation, or suspension of the power of alienation which apply to property of the first trust. Section 21. NEED TO DISTRIBUTE NOT REQUIRED. An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise. Section 22. SAVING PROVISION. (a) If exercise of the decanting power would be effective under this act except that the second-trust instrument in part does not comply with this act, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power: (1) A provision in the second-trust instrument which is not permitted under this act is void to the extent necessary to comply with this act. (2) A provision required by this act to be in the second-trust instrument which is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this act. (b) If a trustee or other fiduciary of a second trust determines that subsection (a) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties. Section 23. TRUST FOR CARE OF ANIMAL. (a) In this section the following terms have the following meanings: (1) ANIMAL TRUST. A trust or an interest in a trust created to provide for the care of one or more animals. (2) PROTECTOR. A person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in the trust, a person appointed by the court for that purpose. (b) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this act if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power. (c) A protector for an animal has the rights under this act of a qualified beneficiary. (d) Notwithstanding any other provision of this act, if a first trust is an animal trust, in an exercise of the decanting power, the second trust must provide that trust property may be applied only to its intended purpose for the period the first trust benefitted the animal. Section 24. TERMS OF SECOND TRUST. A reference in Chapter 3B (commencing with Section 19-3B-101) of Title 19 of the Code of Alabama 1975, to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust. Section 25. SETTLOR. (a) For purposes of laws of this state other than this act and subject to subsection (b), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power. (b) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered. Section 26. LATER-DISCOVERED PROPERTY. (a) Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts. (b) Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust. (c) An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power. Section 27. OBLIGATIONS. A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power. Section 28. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Section 29. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). Section 30. This act shall become effective on January 1, 2019, following its passage and approval by the Governor, or its otherwise becoming law.
March 27, 2018 H Delivered to Governor at 2:28 p.m. on March 27, 2018.
March 27, 2018 H Assigned Act No. 2018-519.
March 27, 2018 H Clerk of the House Certification
March 27, 2018 S Signature Requested
March 22, 2018 H Enrolled
March 22, 2018 H Passed Second House
March 22, 2018 S Motion to Read a Third Time and Pass adopted Roll Call 1081
March 22, 2018 S Third Reading Passed
March 1, 2018 S Read for the second time and placed on the calendar
February 20, 2018 S Read for the first time and referred to the Senate committee on Banking and Insurance
February 15, 2018 H Motion to Read a Third Time and Pass adopted Roll Call 352
February 15, 2018 H Third Reading Passed
January 25, 2018 H Read for the second time and placed on the calendar
January 11, 2018 H Read for the first time and referred to the House of Representatives committee on Financial Services
Motion to Read a Third Time and Pass
Chamber: Senate
Result: Passed
Chamber: House
Document Location
Bill Text http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2018RS/PrintFiles/HB163-int.pdf
© 2019 Copyright: BamaPolitics.com


text:
You are here: Home / Topics / Smart Manufacturing / Have a Clear Strategy Around How You Are Applying IoT?
Have a Clear Strategy Around How You Are Applying IoT?
April 26, 2019 by Brett Brune - Editor in Chief, Smart Manufacturing
Most companies do not have a clear strategy for how they are applying IoT, Mark Weatherford, former Deputy Under Secretary for Cybersecurity at the Department of Homeland Security, said at an exclusive roundtable Smart Manufacturing convened recently in Chicago.
Brett Brune
Editor in Chief, Smart Manufacturing magazine
That is a big problem.
"The things that we're building today are completely different than the things we're going to build 12 months from now," he said. "The innovation cycle around IoT is dramatic, it's revolutionary. Those of us who are on the security side of things are trying to plug fingers in all of these holes."
In general, cyber defense "is an infant," said Ken Modeste, director of connected technologies at UL. "It's going to grow up. You will see significant changes over the next few years."
Taking that maturity to the next level requires progress in three key areas, Modeste and other participants in the private roundtable said:
safeguarding supply chains;
treating security with the same urgency as safety, and
addressing vulnerabilities inherent in the Internet of Things (IoT).
The three core cybersecurity areas are interrelated: malware buried in the software supply chain could allow an advanced hacker to exploit weaknesses in IoT devices, potentially affecting safety at a plant.
Manufacturing executives need to consider those possibilities in concert and not in isolation, the experts said.
If cybersecurity is still an infant in the manufacturing industry, what will cause it to grow up?
For some organizations, standards won't be enough.
"Somebody told me something a long time ago in this business and that is companies don't buy security, they buy compliance," Weatherford said.
For publicly traded firms where the buck stops with the shareholders, showing return on cybersecurity investments is still key, the experts said.
While no respected executive would demand to see a return on investment before prioritizing safety, they still do so when it comes to cybersecurity issues that can affect safety, the experts added.
One way cyber defense may gain greater steam in the industry is if it can be shown to be a source of competitive advantage the way that quality products are, Amanda Quick of MxD said.
Filed Under: Expert Opinions, Smart Manufacturing Tagged With: cyber defense, cyber security, cybersecurity

redpajama_set_name: RedPajamaCommonCrawl


Ultimately the true and salutary use of free justification is seen in serious trials and pangs of conscience. Outside of [times of] testing, the persuasion of one's own righteousness reigns in men's hearts. This must be set against the curse of the Law, the savageness of sin, and the severity of God's judgment. After the fall of our first parents, it is inbred in us that we seek a remedy for sin and merit for reconciliation within our own selves, just as the servant (in Matt. 18:26) took upon himself to pay everything. But this is a vain persuasion which the true and spiritual use of God's Law destroys and extinguishes.
(1) To the lovely recognition and confession of God's righteousness and mercy. For a wonderful measure of divine righteousness and mercy shines in our justification because God accepts the obedience and satisfaction of Christ in our place and because of this absolves us of our sins. "Our righteousnesses are like the rags of a menstruating woman. But You, O Lord, are our Father" (Isa. 64:6, 8). "To You, O Lord, belongs righteousness, but to us confusion of face. We do not present our supplications before You on the grounds of our righteousness but on the grounds of Your great mercy" (Dan. 9:7, 18).
(2) To the sure comfort of the conscience, because nothing at all can encourage and comfort the soul weighed down by the burden of sin and terrified by the sense of God's wrath except the free promise of the Gospel about the forgiveness of sins for Christ's sake: "God set forth Christ as the propitiation through faith in His blood" (Rom. 3:25). "Therefore with confidence let us approach the throne of His grace that we may receive mercy and find grace for timely help" (Heb. 4:16).
(3) To the giving of evidence of true faith and a happy heart through good works. Because Christ as Mediator gave a satisfaction of such great value for our sins, it is surely right for us to hate sins seriously. Because we are made partakers of so great a benefit through Christ, and this out of the free mercy of God, therefore it is right for us to present ourselves as pleasing through the true and serious pursuit of holiness. Because true and saving faith is effective through love, it surely will be necessary for us to demonstrate our faith through good works. "Where sin abounds, grace has abounded still more" (Rom. 5:20). "What shall we say? Shall we remain in sin that grace may abound? By no means. For how shall we who have died to sin still live in it?" (Rom. 6:1–2). "Neither the immoral nor idolaters nor adulterers" (etc.) "will obtain the kingdom of heaven. These you have been, but you have been washed, you have been sanctified, but you have been justified," etc. (1 Cor. 6:9, 11). This is as if he is saying, "Because you have been justified, you must no longer indulge your sins." "Christ gave Himself up for us to redeem us from every iniquity and to cleanse for Himself a people acceptable and who pursue good works with a certain zeal" (Titus 2:14).
From the above we establish the following definition of justification. Justification is the act of God the Father, Son, and Holy Spirit by which He forgives the sins of the sinner who truly believes in Christ, apart from any works or merits of his own, out of pure grace and mercy for the sake of the obedience and satisfaction of Christ the Mediator and Redeemer; imputes the righteousness of Christ to him; receives him to eternal life—and all this for the glory of His name and the salvation of man. To this one true God, our most kind Father, who chose us in Christ, His Son, before He laid the foundations of the world; who in the fullness of time sent His Son, born of a woman, made under the Law, to redeem those who were under the Law; who out of His pure grace and mercy called, justified, and glorified us through and because of this only Mediator of ours: to Him be praise, honor, and glory to the eternity of the never-ending ages. Amen.
Blog post is adapted from Theological Commonplaces: On Justification through Faith, pages 460–61. English translation © 2018 Concordia Publishing House.
Johann Gerhard (1582–1637) was a great Lutheran theologian in the tradition of Martin Luther (1483–1546) and Martin Chemnitz (1522–86) and the most influential of the seventeenth-century dogmaticians. His monumental Loci Theologici (twenty-three large volumes) is still considered by many to be a definitive statement of Lutheran orthodoxy. Gerhard was born in Quedlinburg, Germany. At the age of fifteen, he was stricken with a life-threatening illness. This experience, along with guidance from his pastor, Johann Arndt, marked a turning point in his life. He devoted the rest of his life to theology. He became a professor at the University of Jena and served many years as the superintendent of Heldburg. Gerhard was a man of deep evangelical piety and love for Jesus. He wrote numerous books on exegesis, theology, devotional literature, history, and polemics. His sermons continue to be widely published and read.
Theological Commonplaces: On Justification through Faith is now available. Order your copy today.


BBC - Over To You: iPad, therefore I am: When does news become advertising?
iPad, therefore I am: When does news become advertising?
The launch of this half-way house between a netbook and an iPhone was certainly treated by parts of the media with a reverence normally bestowed on breakthroughs in Middle East peace negotiations - or at the very least, like a new collaboration from the Beatles, Michael Jackson and Elvis.
Well, to technophobes like me, it felt like that, anyway.
And it seems Digital Planet on the World Service tried to take an equally sceptical approach until the sheer weight of media hype and tweets from Apple fans persuaded them otherwise. And the reason for their reticence was an awareness that the line between journalism and product promotion is very blurred in the digital world.
I discuss this on this week's Over To You with the presenter of Digital Planet, Gareth Mitchell. It's very difficult for him, as he admits, to ignore the arrival of any big launch from the likes of Apple - or Microsoft for that matter - firstly because the PR spin is so brilliantly executed by Steve Jobs (the CEO of Apple) et al, and secondly because it feels like the rest of the world is talking about it... including mainstream news programmes like Newshour on the World Service.
The BBC has compliance rules when it comes to mentioning branded products, so it takes care on issues like this.
Is the media putty in the hands of companies like Apple? Where do you draw the line? What counts as news and what, however inadvertently, counts as advertising?
And you can follow Gareth Mitchell and Bill Thompson on Twitter too!
Also on this week's programme there's more fallout from the Opposing Obama series. Not just the trails now but the programmes themselves - although these are attracting praise as well as criticism.
And next week we'll be talking to someone closely involved in the making of Gary Younge's examination of antipathy towards the US President. So tell us what you think, if you've heard the documentaries.
And a happy story on this week's programme as we deal with blind listener Petr Parisek's complaint that the Global Minds survey conducted by the World Service seemed to exclude his participation.
We talk to the Global Minds Senior Research Manager, Jennie Sallows - someone who can fix problem for Petr, and does so.
its programmes. It airs at 10:40 and 23:40 every Saturday, and at 02:40 on Sunday (GMT).
144 960 9000), SMS (447786 202006) or by leaving comments on this blog.
Welcome to the Over to You blog - the place where you can ask BBC World Service editors and programme makers how and why we make the decisions that we do. We need your comments - so please join in.
You can stay up to date with Over To You via these feeds.
How did the media in Sri Lanka react to David Cameron's outspoken visit?


text:
/**
 * Created by josemanuel on 7/18/16.
 */
module latte {

    /**
     * Interface for describing objects that may acquire
     * an unsaved state.
     *
     * The object provide mechanisms to indicate:
     *  - An event to indicate when unsaved state has been acquired
     *  - A flag to query if the object has unsaved changes
     *  - A method to retrieve calls to save the changes
     */
    export interface ISave {

        /**
         * Gets or sets a value indicating if changes were reported while saving
         */
        changesWhileSaving: boolean;

        /**
         * Event raised when the value of <c>changesWhileSaving</c> property changes.
         */
        changesWhileSavingChanged: LatteEvent;

        /**
         * Gets a value indicating if changes are currently being saved.
         */
        isSavingChanges: boolean;

        /**
         * Gets or sets a value indicating if the object has an unsaved state.
         */
        unsavedChanges: boolean;

        /**
         * Event raised when the value of <c>unsavedChanges</c> property changes.
         */
        unsavedChangesChanged: LatteEvent;

        /**
         * Returns an array of calls to save the changes.
         * The code handling the calls result should manually change the value of <c>unsavedChanges</c> to <c>false</c>
         * in case the save call is successful.
         */
        getSaveCalls(): ICall[];

    }

}

redpajama_set_name: RedPajamaGithub


At The Artezen Hotel, we ensure the best available rates online can only be found in one place – www.artezenhotel.com. We are committed to providing stellar personal service, affordable accommodations, memorable Big Apple experiences, and a solid promise that you can find the best New York hotel rates anywhere online through our secure booking engine. We maintain strict control over our rates by offering only the best rates and most specials through our website. If you do happen to find a lower rate on a website other than www.artezenhotel.com, we will honor the lower rate and adjust your entry accordingly. This is applicable only to reservations that are more than 48 hours prior to arrival. To learn more about our best rate guarantee, please contact us.


Join the Urban Conservation Training Institute for its first Monday Movie -- as they are joined by Methuzulah (Chef Zu) of King's Apron, who will share about his work and facilitate a short discussion after the film.
The film "Feel Rich - Health is the New Wealth" will be screened, which documents this exciting moment in history where hip-hop artists and community activists are leading the charge to bring awareness around the benefits of holistic living.
From Houston, the Bronx, and LA, these wellness rockstars are remixing scientific health information into appealing and accessible tools that empower their fans to live healthier lives. From legendary music producer Quincy D. Jones and 22x documentarian Quincy D. Jones III (QD3), this film chronicles an emerging movement and takes viewers on an intimate journey of personal power and transformation.
Calling upon the biggest names from Russell Simmons, Common, Jermaine Dupree, and Fat Joe, the filmmakers traveled across the U.S. to find the catalysts who are bringing people together to redefine the meaning of the word rich and promote "that true wealth lies within."
Concrete Jungle and Society of St. Andrew BIGGEST, SWEETEST Corn Gleaning EVER!


text:
Q: iPad takes three touch for JavaScript click event I have problem with iPad. I use 3 function in JavaScript for anchor tag, onmouseover, onmouseout, onclick.
But when I test it on the iPad then for first touch it trigger onmouseover, and then it takes two another touch for execute onclick event.
That means it take total three touch for click event. Generally it has to take only two touch for it. Why is it so?

A: To fully support Mobile devices with their Touch Screens you can't use the mouse events... you need to change to touch events
http://ross.posterous.com/2008/08/19/iphone-touch-events-in-javascript/
Another way is to divide the code using a mobile Framework, like jQTouch, jQMobile, etc...
They support Mouse Events and Touch Events right out of the box.
After you make your code support for Touch Events, even Drag and Drop will work nicely

Drag and drop on iPad

redpajama_set_name: RedPajamaStackExchange


"That famous phrase is completely misconstrued," declares economic historian Eckhard Höffner, 44. "It refers not to literary greats such as Goethe and Schiller," he explains, "but to the fact that an incomparable mass of reading material was being produced in Germany."
Höffner's diligent research is the first academic work to examine the effects of the copyright over a comparatively long period of time and based on a direct comparison between two countries, and his findings have caused a stir among academics. Until now, copyright was seen as a great achievement and a guarantee for a flourishing book market. Authors are only motivated to write, runs the conventional belief, if they know their rights will be protected.
The prospect of a wide readership motivated scientists in particular to publish the results of their research. In Höffner's analysis, "a completely new form of imparting knowledge established itself."
In England during the same period, an elite circle indulged in a classical educational canon centered more on literature, philosophy, theology, languages and historiography. Practical instruction manuals of the type being mass-produced in Germany, on topics from constructing dikes to planting grain, were for the most part lacking in England. "In Great Britain, people were dependent on the medieval method of hearsay for the dissemination of this useful, modern knowledge," Höffner explains.
Höffner explains that this "lively scholarly discourse" laid the basis for the Gründerzeit, or foundation period, the term used to describe the rapid industrial expansion in Germany in the late 19th century. The period produced later industrial magnates such as Alfred Krupp and Werner von Siemens.


11th December Life Class. Taking inspiration from Matisse's Dancers!
Today was the second of our life classes dedicated to dance. For our quick poses, our model Roz took up 3 different poses from Mattisse's painting 'the dancers', before a long pose after the break. Below are images from the long pose.


text:
<?php

namespace Unity\Component\Config\Sources;

use Unity\Component\Config\Contracts\Drivers\IDriver;
use Unity\Component\Config\Contracts\Factories\IDriverFactory;
use Unity\Component\Config\Contracts\Factories\ISourceFactory;
use Unity\Component\Config\Contracts\Sources\ISourceFile;
use Unity\Component\Config\Contracts\Sources\ISourceFilesMatcher;
use Unity\Component\Config\Exceptions\DriverNotFoundException;
use Unity\Component\Config\Exceptions\UnsupportedExtensionException;

/**
 * Class FileSourcesRepository.
 *
 * Matches files in a source folder.
 *
 * @author Eleandro Duzentos <eleandro@inbox.ru>
 *
 * @link   https://github.com/e200/
 */
class SourceFilesMatcher implements ISourceFilesMatcher
{
    protected $driverFactory;
    protected $sourceFactory;

    public function __construct(IDriverFactory $driverFactory, ISourceFactory $sourceFactory)
    {
        $this->driverFactory = $driverFactory;
        $this->sourceFactory = $sourceFactory;
    }

    /**
     * Matches source files in `$folder`.
     *
     * @param string $folder    Folder containing source files.
     * @param string $driver    Driver alias
     * @param string $extension Extension for source files.
     *                          Setting `$extension`, will filter and load only files that
     *                          matches this extension.
     *
     *                          Setting the `$driver` will filter and load only files
     *                          supported by the driver associated with this `$driver`.
     *
     * @throws UnreadableFolderException
     *
     * @return ISourceFile[]
     */
    public function match($folder, $driver, $extension)
    {
        $driver = $this->tryResolveDriver($driver, $extension);

        $filterPattern = $this->getFilterPattern($extension);

        $files = $this->filterFiles($folder, $filterPattern);

        return $this->getSourceFiles($files, $driver);
    }

    /**
     * Tries resolve the driver using `$driver` and `$extension` arguments .
     *
     * @param string $driver    A driver alias
     * @param string $extension Source files extension
     *
     * @throws UnsupportedExtensionException
     *
     * @return IDriver
     */
    protected function tryResolveDriver($driver, $extension)
    {
        if (!is_null($driver)) {
            $driver = $this->driverFactory->makeFromAlias($driver);

            /*
             * If there's no driver associated to this alias
             * we should throw this exception and stop here.
             */
            if ($driver === false) {
                throw new DriverNotFoundException("Cannot find driver \"{$driver}\".");
            }
        } elseif (!is_null($extension)) {
            $driver = $this->driverFactory->makeFromExt($extension);

            /*
             * If there's no driver that supports the given
             * extension we should throw this exception and
             * stop here.
             */
            if ($driver === false) {
                throw new UnsupportedExtensionException("Cannot find a driver that support \"{$extension}\" extension.");
            }
        }

        return $driver;
    }

    /**
     * Generates the filter pattern that will be used
     * to filter files in the folder based on their
     * extensions.
     *
     * @param string $extension
     *
     * @return string
     */
    protected function getFilterPattern($extension = null)
    {
        if (is_null($extension)) {
            return '*';
        } else {
            return '*.'.$extension;
        }
    }

    /**
     * Filter all files in `$folder` that matches the `$filterPattern`.
     *
     * Original description: Glob that is safe with streams (vfs for example).
     *
     * @param string $folder
     * @param string $filterPattern
     *
     * @return string[]
     *
     * @see https://github.com/mikey179/vfsStream/issues/2#issuecomment-252271019
     */
    protected function filterFiles($folder, $filterPattern)
    {
        $found = [];
        $files = scandir($folder);

        foreach ($files as $filename) {
            if (in_array($filename, ['.', '..'])) {
                continue;
            }

            if (fnmatch($filterPattern, $filename)) {
                $filepath = $folder.DIRECTORY_SEPARATOR.$filename;

                if (is_readable($filepath)) {
                    $found[] = $filepath;
                }
            }
        }

        return $found;
    }

    /**
     * Gets all supported `$sourceFiles`.
     *
     * @param string[] $sourceFiles
     * @param string   $driver
     *
     * @return ISourceFile[]
     */
    protected function getSourceFiles(array $sourceFiles, $driver)
    {
        $matchedSourceFiles = [];

        foreach ($sourceFiles as $sourceFile) {
            $matchedSource = $this->sourceFactory->makeFromFile($sourceFile, $driver);

            // If source is supported, add it.
            if ($matchedSource !== false) {
                $matchedSourceFiles[] = $matchedSource;
            }
        }

        // Our sources! :)
        return $matchedSourceFiles;
    }
}


out of oxygen; it's one of being poisoned by carbon dioxide -- CO2.
cause respiratory paralysis and death within a few minutes.
exhale much less than if you were exercising.
200 (cubic meters) = 7 062.93334 cubic feet.
Let's call that 7000 cubic feet.
T = (7000 x .03) / (1 x 1.7) =  210/1.7 = 123.5 hours.
strenuous activity to 6 hours."
(1000 x .01) / 1.7 =  17 hours.  Close.
can we survive in an enclosed space?" entirely wrong.
you employed air scrubbers to remove the CO2.
room of dimensions 3m x 4m x 2.5m before they run out of oxygen (i.e.
volume of an adult is 0.1 m3.
of oxygen in 1.7 cubic metres of air)."
the additional information useful as well.
should have asked perfectly - top marks in my book!!!
earths oceans are currently absorbing a bit of extra C02, for example.


The 3M Water Filtration Products line of 8000 Series cartridges provide the continuing benefits of CUNO filtration in a user-friendly design. The CFS8112-S filter cartridge uses a carbon filtration media with a 1 micron rating and scale inhibitor and to reduce harmful contaminants in your water and prevent scale build up. The 8000 Series cartridges do not require activation for functionality, allowing an operator to change the cartridge in seconds.
The CUNO-CFS8112-S does not reduce fluoride.


text:
Killer Cars: An Extra 1,000 Pounds Increases Crash Fatalities by 47%
Photo: AFresh1
Ever since the SUV craze began in the late 1980s, we've all known that heavier vehicles are safer for those driving them, but more dangerous for others on the road. Which is why we all started driving them. Now, in a new working paper, a pair of Berkeley economists have quantified not only the fatality risks of heavier cars for other drivers, but also the costs associated with them. Here's the abstract:
Heavier vehicles are safer for their own occupants but more hazardous for the occupants of other vehicles. In this paper we estimate the increased probability of fatalities from being hit by a heavier vehicle in a collision. We show that, controlling for own-vehicle weight, being hit by a vehicle that is 1,000 pounds heavier results in a 47% increase in the baseline fatality probability. Estimation results further suggest that the fatality risk is even higher if the striking vehicle is a light truck (SUV, pickup truck, or minivan). We calculate that the value of the external risk generated by the gain in fleet weight since 1989 is approximately 27 cents per gallon of gasoline. We further calculate that the total fatality externality is roughly equivalent to a gas tax of $1.08 per gallon. We consider two policy options for internalizing this external cost: a gas tax and an optimal weight varying mileage tax. Comparing these options, we find that the cost is similar for most vehicles.
From 1975 to 1980, average vehicle weight in the U.S. dropped almost 1,000 pounds, from 4,060 lbs to 3,228 lbs. By 2005 those reductions had all been gained back, and the average car was as heavy as it was in 1975.
Previous research has suggested that a heavier car fleet is a safer one. This study concludes that tightening fuel economy standards (and thereby reducing the weight of cars on the road) will not increase fatalities, so long as the standards are "footprint based" or unified across cars and trucks. Here's how:
We quantify the external costs of vehicle weight using a large micro data set on police-reported crashes for a set of 8 heterogeneous states. Unlike the data sets employed in the previous transportation literature or Jacobsen (2010), our data set includes both fatal and nonfatal accidents. Using unique vehicle identifiers (VINs), we determine the curb weight of each vehicle involved in an accident, thereby minimizing concerns about attenuation bias induced by measurement error. The rich set of vehicle, person, and accident observables in the data set allow us to minimize concerns about omitted variables bias. Using these data, we estimate the external effects of vehicle weight on fatalities and serious injuries conditional on a collision occurring.
Two key results emerge:
1. That vehicle weight is a critical determinant of fatalities in other vehicles involved in multi-vehicle collisions. The data implies that a 1,000 pound increase in striking vehicle weight raises the probability of a fatality in the struck vehicle by 47%. The authors then calculate that the total external costs of vehicle weight from fatalities alone are about $93 billion per year.
2. Second, light trucks significantly raise the probability of a fatality in the struck car – in addition to the effect of their already higher vehicle weight.


text:
Phineas Lyman Tracy  (* 25. Dezember 1786 in Norwich, Connecticut; † 22. Dezember 1876 in Batavia, New York) war ein US-amerikanischer Politiker. Zwischen 1827 und 1833 vertrat er den Bundesstaat New York im US-Repräsentantenhaus.

Werdegang

Phineas Tracy war der ältere Bruder des Kongressabgeordneten Albert H. Tracy (1793–1859). Im Jahr 1806 absolvierte er das Yale College. Danach unterrichtete er für zwei Jahre als Lehrer. Nach einem Jurastudium und seiner 1811 erfolgten Zulassung als Rechtsanwalt begann er in Madison im Staat New York in diesem Beruf zu arbeiten. Um das Jahr 1815 verlegte er seinen Wohnsitz und seine Kanzlei nach Batavia. Politisch wurde er Mitglied der kurzlebigen Anti-Masonic Party.

Nach dem Rücktritt des Abgeordneten David Ellicott Evans wurde Tracy bei der fälligen Nachwahl für den 29. Sitz von New York als dessen Nachfolger in das US-Repräsentantenhaus in Washington, D.C. gewählt, wo er am 5. November 1827 sein neues Mandat antrat. Nach zwei Wiederwahlen konnte er bis zum 3. März 1833 im Kongress verbleiben. Seit dem Amtsantritt von Präsident Andrew Jackson im Jahr 1829 wurde innerhalb und außerhalb des Kongresses heftig über dessen Politik diskutiert. Dabei ging es um die umstrittene Durchsetzung des Indian Removal Act, den Konflikt mit dem Staat South Carolina, der in der Nullifikationskrise gipfelte, und die Bankenpolitik des Präsidenten.

Im Jahr 1832 verzichtete Tracy auf eine weitere Kongresskandidatur. Zwischen 1841 und 1846 war er Vorsitzender Richter am Bezirksgericht im Genesee County. Danach zog er sich in den Ruhestand zurück. Er starb am 22. Dezember 1876, drei Tage vor seinem 90. Geburtstag, in Batavia, wo er auch beigesetzt wurde.

Weblinks

Mitglied des Repräsentantenhauses der Vereinigten Staaten für New York
Mitglied der Anti-Masonic Party
Richter (New York)
Rechtsanwalt (Vereinigte Staaten)
US-Amerikaner
Geboren 1786
Gestorben 1876
Mann

redpajama_set_name: RedPajamaWikipedia


text:
UAW workers begin vote to authorize strike
Kate MacArthur
(Crain's) — United Auto Workers members at Ford plants could decide by Friday whether to authorize a strike against the automaker.
Already, several local units of the international union have voted, including Ford's Chicago Heights-based Chicago stamping plant, its Dearborn truck plant, an assembly plant in Kansas City, Mo., and a Louisville, Ky., plant.
"The members of UAW have made a lot of concessions over the years to get through the tough times. But now that they see the company prospering and paying exorbitant amounts to their management teams, they expect some of the concessions they made to be returned," said Matt Kolanowski, chairman of bargaining for Local 588 at Ford's Chicago stamping plant. He said 97% of the votes cast in his local "overwhelmingly" supported the authorization to strike.
The UAW's four-year contract with Dearborn-based Ford Motor Co., Auburn Hills, Mich.-based Chrysler Group LLC and Detroit-based General Motors Corp. is set to expire Sept. 14.
UAW workers for GM and Chrysler in 2009 waived their binding arbitration rights amid both carmakers' bankruptcy filings, but workers for Ford refused the no-strike clauses.
Earlier this month, UAW President Bob King asked the locals to cast strike-authorization votes by this Friday. The international union represents 40,600 hourly Ford workers. If a majority of the locals vote to authorize a strike, the union could decide to strike or extend the deadline.
"We respect the bargaining process and we consider all of our interactions with the UAW to be private," a Ford spokeswoman said.
The UAW has not gone on strike against Ford since 1976.
Hong Kong lifts 737 ban
Donnelley mystery bidder raises offer
American Airlines gives Boeing investors reason to cheer on Dreamliner


text:
#include "OgreRoot.h"
#include "OgreException.h"
#include "OgreLogManager.h"
#include "OgreStringConverter.h"
#include "OgreWindowEventUtilities.h"

#include "OgreGLESPrerequisites.h"
#include "OgreGLESRenderSystem.h"

#include "OgreAndroidEGLSupport.h"
#include "OgreAndroidEGLWindow.h"
#include "OgreAndroidEGLContext.h"
#include "OgreAndroidResourceManager.h"
#include "OgreViewport.h"

#include <iostream>
#include <algorithm>
#include <climits>

namespace Ogre {
    AndroidEGLWindow::AndroidEGLWindow(AndroidEGLSupport *glsupport)
        : EGLWindow(glsupport),
          mMaxBufferSize(32),
          mMaxDepthSize(24),
          mMaxStencilSize(8)
    {
    }

    AndroidEGLWindow::~AndroidEGLWindow()
    {
    }

    EGLContext* AndroidEGLWindow::createEGLContext() const
    {
        return new AndroidEGLContext(mEglDisplay, mGLSupport, mEglConfig, mEglSurface);
    }

    void AndroidEGLWindow::getLeftAndTopFromNativeWindow( int & left, int & top, uint width, uint height )
    {
        // We don't have a native window.... but I think all android windows are origined
        left = top = 0;
    }

    void AndroidEGLWindow::initNativeCreatedWindow(const NameValuePairList *miscParams)
    {
    }

    void AndroidEGLWindow::createNativeWindow( int &left, int &top, uint &width, uint &height, String &title )
    {
    }

    void AndroidEGLWindow::reposition( int left, int top )
    {
    }

    void AndroidEGLWindow::resize(uint width, uint height)
    {
    }

    void AndroidEGLWindow::windowMovedOrResized()
    {
        if(mActive)
        {
            eglQuerySurface(mEglDisplay, mEglSurface, EGL_WIDTH, (EGLint*)&mWidth);
            EGL_CHECK_ERROR

            eglQuerySurface(mEglDisplay, mEglSurface, EGL_HEIGHT, (EGLint*)&mHeight);
            EGL_CHECK_ERROR

            // Notify viewports of resize
            ViewportList::iterator it = mViewportList.begin();
            while( it != mViewportList.end() )
                (*it++).second->_updateDimensions();
        }
    }

    void AndroidEGLWindow::switchFullScreen(bool fullscreen)
    {

    }

    void AndroidEGLWindow::create(const String& name, uint width, uint height,
                               bool fullScreen, const NameValuePairList *miscParams)
    {
        mName = name;
        mWidth = width;
        mHeight = height;
        mLeft = 0;
        mTop = 0;
        mIsFullScreen = fullScreen;
        void* eglContext = NULL;
        AConfiguration* config = NULL;

        if (miscParams)
        {
            NameValuePairList::const_iterator opt;
            NameValuePairList::const_iterator end = miscParams->end();

            if ((opt = miscParams->find("currentGLContext")) != end &&
                StringConverter::parseBool(opt->second))
            {
                eglContext = eglGetCurrentContext();
                if (eglContext)
                {
                    OGRE_EXCEPT(Exception::ERR_RENDERINGAPI_ERROR,
                                "currentGLContext was specified with no current GL context",
                                "EGLWindow::create");
                }

                eglContext = eglGetCurrentContext();
                mEglSurface = eglGetCurrentSurface(EGL_DRAW);
            }

            if((opt = miscParams->find("externalWindowHandle")) != end)
            {
                mWindow = (ANativeWindow*)(Ogre::StringConverter::parseInt(opt->second));
            }

            if((opt = miscParams->find("androidConfig")) != end)
            {
                config = (AConfiguration*)(Ogre::StringConverter::parseInt(opt->second));
            }

            int ctxHandle = -1;
            if((miscParams->find("externalGLContext")) != end)
            {
                mIsExternalGLControl = true;
                ctxHandle = Ogre::StringConverter::parseInt(opt->second);
            }

            if((opt = miscParams->find("maxColourBufferSize")) != end)
            {
                mMaxBufferSize = Ogre::StringConverter::parseInt(opt->second);
            }

            if((opt = miscParams->find("maxDepthBufferSize")) != end)
            {
                mMaxDepthSize = Ogre::StringConverter::parseInt(opt->second);
            }

            if((opt = miscParams->find("maxStencilBufferSize")) != end)
            {
                mMaxStencilSize = Ogre::StringConverter::parseInt(opt->second);
            }
        }

        initNativeCreatedWindow(miscParams);

        if (mEglSurface)
        {
            mEglConfig = mGLSupport->getGLConfigFromDrawable (mEglSurface, &width, &height);
        }

        if (!mEglConfig && eglContext)
        {
            mEglConfig = mGLSupport->getGLConfigFromContext(eglContext);

            if (!mEglConfig)
            {
                // This should never happen.
                OGRE_EXCEPT(Exception::ERR_RENDERINGAPI_ERROR,
                            "Unexpected failure to determine a EGLFBConfig",
                            "EGLWindow::create");
            }
        }

        mIsExternal = (mEglSurface != 0);

        if (!mEglConfig)
        {

            _createInternalResources(mWindow, config);
            mHwGamma = false;
        }

        mContext = createEGLContext();

        mActive = true;
        mVisible = true;
        mClosed = false;
    }

    void AndroidEGLWindow::_destroyInternalResources()
    {
        GLESRenderSystem::getResourceManager()->notifyOnContextLost();
        mContext->_destroyInternalResources();

        eglDestroySurface(mEglDisplay, mEglSurface);
        EGL_CHECK_ERROR

        eglTerminate(mEglDisplay);
        EGL_CHECK_ERROR

        mEglDisplay = 0;
        mEglSurface = 0;

        mActive = false;
        mVisible = false;
        mClosed = true;
    }

    void AndroidEGLWindow::_createInternalResources(NativeWindowType window, AConfiguration* config)
    {
        mWindow = window;

        int minAttribs[] = {
            EGL_RENDERABLE_TYPE, EGL_OPENGL_ES_BIT,
            EGL_BUFFER_SIZE, 16,
            EGL_DEPTH_SIZE, 16,
            EGL_NONE
        };

        int maxAttribs[] = {
            EGL_RENDERABLE_TYPE, EGL_OPENGL_ES_BIT,
            EGL_BUFFER_SIZE, mMaxBufferSize,
            EGL_DEPTH_SIZE, mMaxDepthSize,
            EGL_STENCIL_SIZE, mMaxStencilSize,
            EGL_NONE
        };

        mEglDisplay = mGLSupport->getGLDisplay();
        mEglConfig = mGLSupport->selectGLConfig(minAttribs, maxAttribs);

        EGLint format;
        eglGetConfigAttrib(mEglDisplay, mEglConfig, EGL_NATIVE_VISUAL_ID, &format);
        EGL_CHECK_ERROR

        ANativeWindow_setBuffersGeometry(mWindow, 0, 0, format);

        mEglSurface = createSurfaceFromWindow(mEglDisplay, mWindow);

        if(config)
        {
            bool isLandscape = (int)AConfiguration_getOrientation(config) == 2;
            mGLSupport->setConfigOption("Orientation", isLandscape ? "Landscape" : "Portrait");
        }

        eglQuerySurface(mEglDisplay, mEglSurface, EGL_WIDTH, (EGLint*)&mWidth);
        eglQuerySurface(mEglDisplay, mEglSurface, EGL_HEIGHT, (EGLint*)&mHeight);
        EGL_CHECK_ERROR

        if(mContext)
        {
            mActive = true;
            mVisible = true;
            mClosed = false;

            mContext->_createInternalResources(mEglDisplay, mEglConfig, mEglSurface, NULL);
            mContext->setCurrent();

            windowMovedOrResized();
            static_cast<GLESRenderSystem*>(Ogre::Root::getSingletonPtr()->getRenderSystem())->resetRenderer(this);
        }
    }
}


text:
COLUMN: Strong roots keep getting stronger
Wed, 07/05/2017 - 12:24pm
editor@mitchellnews.com
When I decided to form a News-Journal Community Advisory Board I must be honest, I never expected it to garner the response it did.
Nearly 40 people called, emailed or visited the office specifically to express interest. Several more people mentioned in passing their schedule prevented them from officially putting their name in contention, but otherwise they would have.
Even more people said they had no interest in being on the board, but made mention it was a good idea and they were interested to see how it all plays out.
One may think having a larger pool of people from which to choose made the decision easier – it did not. Although some were automatically taken out of contention because of certain positions or roles he or she has in the community, around 30 people remained legitimate, viable candidates.
It is important to convey to those not chosen it was nothing personal – it was simply a process of elimination that ultimately came down, in some cases, to picking the person who responded earlier. As I said previously, my intent was to put a board in place that is diverse in every conceivable aspect, and I believe I came as close as possible to doing that.
Members of the inaugural News-Journal Community Advisory Board are:
• Lars Rousseau;
• Becky Sutton;
• Maureen Thornton;
• Beth Morris;
• Bill Bowman;
• Elaine Percival;
• Robin Buchanan; and
• John Pendley.
Five women and four men, including myself; lifelong Mitchell County residents and newcomers; liberals, conservatives and moderates; residents of Bakersville, Spruce Pine and Little Switzerland; retired and working; and varied educational backgrounds.
Those who expressed interest but were not appointed to the board will be at the top of the list when the second board is put in place about a year from now.
Just as in every other aspect of the News-Journal, transparency is key here. Want to know why you weren't chosen? Want to know why I chose the ones I did? Call or email me. Everyone was given equal consideration.
Many newspapers have roots in the community and the News-Journal Community Advisory Board ensures this newspaper's roots are like those of a radish.
Brandon Roberts is editor and publisher of the Mitchell News-Journal. He can be reached by calling 828-765-7169, by email at editor@mitchellnews.com or by stopping by the newspaper's office at 261 Locust St. in Spruce Pine.
Subscribe and see the e-Edition of the The Mitchell News, Spruce Pine, North Carolina for the complete story.
Vines to stay on longer as county manager
Increased sales tax has small affect on most people
2 interviewed for EDC director position
N.C. Voter ID law struck down in court


Leah Mullin added: "Cardiff is a rapidly expanding city, with a growing reputation as a great place to live and work. But if it is to retain the talent pool generated from Cardiff's three universities and attract new inward investors and occupiers, it needs to deliver more vibrant, amenity-rich, flexible living space.
Leah Mullin said: "There are early signs the residential market is beginning to respond to the opportunities offered from this dynamic city, which is driving both land and house values. A high quality pipeline is beginning to emerge at a critical time, which will be vital in supporting continued growth in the local economy and population.


text:
Bookvica
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English Classics (11)
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Old Believers (6)
Photomontage (29)
Printing Arts (22)
Russian Americana (23)
Russian Classics (44)
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Any Price (9)	 $100-499 (1)	 $500-4,999 (8)
[FIRST BOOK IN RUSSIAN ABOUT BYRON] Zapiski o lorde Bairone [i.e. Journal of the Conversations of Lord Byron]: [In 2 vols]
St. Petersburg: tip. N. Grecha, 1835. Vol.1. [4], VIII, 197 pp., [1] front.; Vol.2. [4], 153 pp. 8vo. Lord Byron's portrait on the frontispiece. Two volumes in contemporary quarter-leather bindings, with gilt-lettering on spines. Labels on spines, some rubbings to covers, pre-revolutionary library stamps (Tallinn), foxing. Rare, especially with..... More
[ZDANEVICH BROTHERS] Kirill Zdanevich. Ilya Zdanevich. Katalog vystavki [i.e. Exhibition Catalogue].
Tbilisi: Gos. muzei iskusstv Gruzii, 1989. 80 pp.: ill. 22x31 cm. In original wrappers. Near fine. Extremely rare. In October of 1989 in the State Museum of Arts of Georgia (Tbilisi) was opened exhibition dedicated to Zdanevich brothers. Elen Zdanevich- Ilyazd, widow of Ilya Zdanevich (1894-1975), brought part of..... More
[ALASKAN MISSIONARY] Innokentii, Mitropolit Moskovsky i Kolomensky po Yego Sochineniyam, Pismam i Rasskazam Sovremennikov [i.e. Innocent, Metropolitan of Moscow and Kolomna, His Works, Letters and Stories of Him by His Contemporaries]
Barsukov, I.P.
Moscow: Typ. of the Holy Synod, 1883. viii, 769, 14, xvi, [1] pp. 26,5x18,5 cm. With a lithographed portrait frontispiece and four lithographed plates. Period style quarter morocco, spine with raised bands and gilt lettered title. Period pencil markings and mild foxing of the text, otherwise a very good copy..... More
[FIRST BOOK IN RUSSIAN ABOUT LINCOLN] Avraam Linkol'n i velikaya bor'ba mezhdu Severnymi i Yuzhnymi amerikanskimi shtatami v prodolzheniye 1861-1865 godov. Per. s nem. [i.e. Abraham Lincoln and The Great Struggle between the North and South during 1861-1865. Translated from German].
Lange, M.
St. Petersburg: tip. Kukol'-Yasnopol'skogo, 1867. [2], 474, IV pp., 1 port. 8vo. Contemporary quarter-leather binding with gilt-lettering and decoration on the spine, decorations on boards in blind. Very good. Rubbed, few spots and owner's ink stamp on the title-page. First edition. The book is translated from German the year..... More
[MILL'S AUTOBIOGRAPHY IN RUSSIAN] Avtobiografiya [i.e. Autobiography] / translated and edited by G.E. Blagosvetov.
Mill, J.S.
St.Petersburg: V. Tushnov, 1874. 332 p. 18x13 cm. Contemporary quarter-leather. Good condition. First edition of John Stuart Mill's autobiography that was printed in Russian the next year after it appeared in English. Grigory Evlampievich Blagosvetov (1824-1880) who translated this book into Russian was the editor in chief..... More
[FIRST BIOGRAPHY OF DOSTOEVSKY] Biografiya, pis'ma i zametki iz zapisnoi knizhki F.M. Dostoevskogo. S portretom F.M. Dostoyevskogo i prilozheniyami [i.e. Biography, Letters and Notes from F.M. Dostoevsky's notebook. With his Portrait and Applications]
Miller, Orest
St. Petersburg: Tip. A.S. Suvorina, 1883. [4], 332, 375, 122, V pp., 1 ill. (front.) 23x15,5 cm. Contemporary quarter leather binding with owner's initials on the spine stamped in blind. Rubbed, occasional foxing, book plate (R.A. Evdokomov). Good condition. Rare first edition of the first biography of Fyodor..... More
[RODCHENKO DIARIES] Opyty dlya budushchego: Dnevniki. Statyi. Pis'ma. Zapiski [i.e. Experiments for the Future. Diaries. Articles. Letters. Notes]
[Rodchenko, A.M.]
Moscow: Grant, 1996. 415 pp.: ill., port. 21x14 cm. In original publisher's binding. Fine. This book contains all diaries, programs, essays and major articles written by famous Russian artist and photographer Alexander Rodchenko in 1911-1956. Autobiographical notes, diaries accompanied by his photographs and images of his work. But the..... More
[MENDELEEV'S FAMILY CHRONICLE] Semeinaia khronika v pis'makh materi, otsa, brata, sestior, diadi D.I. Mendeleeva. Vospominania o Mendeleeve ego plemianitsy N.I. Gubkinoi [i.e. The Family Chronicle in Letters of Mother, Father, Brother, Sisters and Unсle of Dmitry Mendeleev. The Memoirs of His Niece N.I. Gubkina].
St. Petersburg: 1st Mendeleev congress, 1908. [2], 239 pp.: ill., 8 port. and 5 ill. on separate leaves. 23x15.5 cm. Original publisher's wrappers. Very good. The frontispiece is detached from the text block, some minor tears to the wrapper. Rare. One of the first books about Dmitry Mendeleev's life..... More
[FIRST RUSSIAN BIOGRAPHY OF BEECHER STOWE] Uchitel vzroslykh i drug detei: Bicher-Stou. Biografichesky ocherk [i.e. A Teacher of Adults and A Friend of Children: Beecher Stowe. Biographical Essay]
Ivanov, I.I.
Moscow: Yunaya Rossiya, 1914. 126, [2] pp.: port. 19,5x15 cm. Later owner's binding. Cut edges, narrow piece of paper glued between pp. 4-5. Otherwise a very good clean copy. Uncle Tom's Cabin was very popular in Russia. It was first published in 1857 in Russia in periodical. Soon after..... More
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text:
"The Philosopher Explaining the Model of the Solar System," Joseph Wright - description of the painting
The philosopher explaining the model of the solar system is Joseph Wright. 147 x 203 cm
Surprise, awe, delight - these emotions before Joseph Wright could be depicted only in religious paintings or canvases dedicated to some famous mythological plot. The English artist breaks this tradition. His heroes tend to admire scientific progress, new knowledge, unexpected discoveries. Like in the picture "Philosopher Explaining the Model of the Solar System".
In the center of the canvas is an unusual design, designed to schematically depict the solar system with a bright luminary in the middle. The main star is presented in the form of a bright lamp. It is the light of the lamp that gives this magical sparkle, which makes the faces of the characters more contrasting, and the atmosphere is more mysterious. And the faces of the heroes are like phases of the moon - some viewers are fully illuminated, representing the full moon, others are half as crescents, others are completely hidden in the dark like a new moon in the sky. Very curious and easy to read allegory!
Written in 1766, Wright's painting caused controversy. And the point is not even in the "progressive" plot in the style of the Enlightenment - the master encroached on the generally accepted genre hierarchy. Portrait as a genre was for artists on the top lines of the "hit parade" after religious and mythological paintings, therefore, the portrait had to correspond to some canons. Wright presented a group portrait (and this picture, of course, can be viewed in this way) in an informal form, which was very unusual and even revolutionary for that time.
It is believed that the picture was not painted to order, but with a specific customer in mind - Count Ferrers owned a similar model of the Solar System and was supposedly interested in the canvas. Moreover, some researchers claim that Ferrers is shown in the picture next to his son. The calculation was justified, the count bought the canvas, but the next representative of his kind sold the Philosopher.
Today, the location of the picture is quite in line with Wright's plan - it is in the Derby Gallery, right next to the working model of the Solar System. Wright would certainly be pleased.
Watch the video: What is consciousness? Philosopher, Dan Dennett explains. (January 2022).
The Last Supper, Jacopo Bassano - description of the painting
"Savior of the world", Leonardo da Vinci - description of the painting
"The Alchemist Discovering Phosphorus", Joseph Wright - description of the painting
"Inside view of the hut", Vasily Maximovich Maximov - description of the painting
"Tuscan road", Amedeo Modigliani - description of the painting
"The Gardener", Giuseppe Arcimboldo - description of the painting
Painting Women in the Garden, Claude Monet - Description
Juan Bautista Martinez del Mazo - biography and paintings
Copyright 2022 \ "The Philosopher Explaining the Model of the Solar System," Joseph Wright - description of the painting...


BIMATOPROST reduces pressure in the eye by increasing the amount of fluid that drains from the eye. Bimatoprost ophthalmic (for the eyes) is used to treat certain types of glaucoma and other causes of high pressure inside the eyes. Bimatoprost ophthalmic may also be used for purposes not listed in this medication guide.
Bimatoprost ophthalmic may cause a gradual change in the color of your eyes or eyelids and lashes, as well as increased growth or thickness of your eyelashes. These color changes, usually an increase in brown pigment, occur slowly and you may not notice them for months or years. Color changes may be permanent even after your treatment ends, and may occur only in the eye being treated. This could result in a cosmetic difference in eye or eyelash color from one eye to the other.
After using this medication, wait at least 5 minutes before using any other eye drops that your doctor has prescribed.
It is not likely that other drugs you take orally or inject will have an effect on bimatoprost used in the eyes. But many drugs can interact with each other. Tell your doctor about all medicines you use. This includes prescription, over-the-counter, vitamin, and herbal products. Do not start a new medication without telling your doctor.
Instill 1 drop in the affected eye(s) once daily in the evening.
Seek emergency medical attention or call the Poison Help line at 1-800-222-1222. Overdose symptoms may include severe forms of some of the side effects listed in this medication guide.
Store this medicine in a refrigerator or at room temperature, away from moisture and heat. Do not freeze. Keep the bottle tightly closed when not in use.