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The Physics Department was established in 1946. The Department teaches Engineering Physics course for I year B E students. The Departments has well qualified, experienced and highly motivated faculties. Department faculties are involved in research and consultancy activities. The department is VTU recognized research center since 2011.
VISION: To be a dynamic, inclusive and competitive center of excellence in teaching, learning and research in Physics to ensure that the technical needs of students are addressed.
MISSION: To provide quality basic education and training in Physics.
A Feasibility Study of Polypyrrole/Zinc Tungstate (Ceramics) Nano Composites for D. C. Conductivity and as a Humidity Sensor.
M V Murugendrappa, Ameena Paeveen and M V N Ambika Prasad.
M V Murugendrappa and M V N Ambika Prasad.
M V Murugendrappa, Syed Khasim and M V N Ambika Prasad.
Chaluvaraju, B. V. U. P. Raghavendra, T. S. Pranesha and M. V. Murugendrappa, A study of thermo-electric power and transport properties of polypyrrole/ash (paddy husk) nano-composites. J Mater Sci: Mater Electron., DOI 10.1007/s10854-017-6912-8, 2017.
Chate, D. M., and T. S. Pranesha, Field measurements of sub-micron aerosol concentration during cold season in India. Current Science, 86, 1610-1613, 2004.
Chate, D. M., and T. S. Pranesha, Field studies of scavenging of aerosols by rain events. J. Aerosol Sci., 35, 695-706, 2004.
Pranesha, T. S., and A. K. Kamra, Scavenging of aerosol particles by large water drops, 3, Washout coefficients, half-lives and rainfall depths. J. Geophys. Res., 102, 23,947-23,953, 1997.
Pranesha, T. S., and A. K. Kamra, Scavenging of aerosol particles by large water drops, 2, The effect of electrical forces. J. Geophys. Res., 102, 23,947, 1997.
Pranesha, T. S., and A. K. Kamra, Effect of electric field on the collection efficiency of large water drops collecting micron-sized aerosol particles. J. Aerosol Sci., 25, S167-S168, 1994.
Pranesha, T. S., and A. K. Kamra, Experimental measurements of collection efficiency of micron-sized aerosol particles by large water drops. J. Aerosol Sci., 24, S415-S416, 1993.
A simple molecular theory for photo-induced smectic phase.
Suresha BL1, Radhakrishna MC, Govind AS.
Eur Phys J E Soft Matter. 2011 Oct;34(10):111. doi: 10.1140/epje/i2011-11111-y. Epub 2011 Oct 11.
Sustainable Environment Research Vol. 23(6), page 379-384 November 2013.
MAUSAM, Vol. 69, 2 , page 331-334 April 2018.
“Synthesis and structure of undoped and indium doped thermoelectric lead telluride nanoparticles”, K. Kadel, Latha Kumari, Xuewen Wang, Wenzhi Li, J.Y. Huang, P.P. Provencio, Nanoscale Research Letters 9, 227, 2014 [Impact factor= 2.833, Citations=9].
“Synthesis and Thermoelectric Properties of Bi2Se3 Nanostructures”, K. Kadel, Latha Kumari, W.Z. Li, Jian Yu Huang, Paula P Provencio, Nanoscale Res. Lett. 6, 57, 2011[Impact factor= 2.833, Citations= 86].
“Nanosize transition metal antimonides, NiSb and FeSb2: Solvothermal synthesis and characterization”, Latha Kumari, Wenzhi Li, Jian Yu Huang, Paula P Provencio, Journal of Physical Chemistry C (ACS), 114, 9573, 2010 [Impact factor= 4.536, Citations= 21].
“Solvothermal synthesis, structure and optical property of Nanosized CoSb3 skutterudite”, Latha Kumari, W.Z. Li, Jian Yu Huang, Paula P Provencio, Nanoscale Res. Lett. 5, 1698, 2010 [Impact factor= 2.833, Citations= 39].
Latha Kumari and W.Z. Li, Crystal Research and Technology, 45, 311, 2010 [Impact factor= 1.0, Citations= 51].
W. Chen, M. Beidaghi, V. Penmatsa, K. Bechtold, L. Kumari, W.Z. Li, Chunlei wang, IEEE Transactions on Nanotechnology, 9, 734, 2010 [Impact factor= 2.485, Citations= 58].
“Effect of surfactants on the nanostructure of magnesium borate hydroxide synthesized by hydrothermal route”, Latha Kumari, W. Z. Li, Shrinivas Kulkarni, K. H. Wu, Wei Chen, Chunlei Wang, Charles H. Vannoy and Roger M. Leblanc, Nanoscale Res. Lett. 5, 149, 2010 [Impact factor= 2.833, Citations= 31].
Latha Kumari, W.Z. Li, Charles H. Vannoy, Roger M. Leblanc, D.Z. Wang, Materials Research Bulletin, 45, 190, 2010 [Impact factor= 2.446, Citations= 22].
Amit Datye, Latha Kumari et al., “Aluminum Nitride Multi-Walled Nanotube (MWNTs) Nanocomposite by Direct In-situ Growth of CNTs on Aluminum Nitride Particles” in Advanced Processing and Manufacturing Technologies for Structural and Multifunctional Materials III (Wiley Publications), Chapter 22, 2010.
Amit Datye, Latha Kumari et al., “Direct In-Situ Growth of Multiwalled Carbon Nanotubes on Silicon Carbide Particles as a Precursor for Fabricating Silicon Carbide – Carbon Nanotube Composites”, in Ceramics for Environmental and Energy Applications (Wiley Publications), Chapter 13, 2010.
“Synthesis, characterization and optical properties of Mg(OH)2 Micro-/Nanostructure and its conversion to MgO”, Latha Kumari W.Z. Li, Charles H. Vannoy, Roger M. Leblanc, D.Z. Wang, Ceramics International, 35, 3355, 2009 [Impact factor= 2.986, Citations= 131].
“Synthesis, microstructure and optical characterization of Zirconium Oxide Nanostructures”, Latha Kumari, G.H. Du, W.Z. Li, R.S. Vennila, S.K. Saxena, D.Z. Wang, Ceramics International, 35, 2401, 2009 [Impact factor= 2.986, Citations= 86].
“Mechanical Properties of Carbon Nanotube-Alumina Nanocomposites Synthesized by Chemical Vapor Deposition and Spark Plasma Sintering”, T. Zhang, Latha Kumari G.H. Du, W.Z. Li et al. Composites Part A: Applied Science and Manufacturing, 40, 86, 2009 [Impact factor=4.075, Citations= 68].
“Controlled hydrothermal synthesis of Zirconium oxide nanostructures and their optical properties”, Latha Kumari, W.Z. Li, J.M. Xu, R.M. Leblanc et al. Crystal Growth and Design (ACS), 9, 3874, 2009 [Impact factor= 4.055, Citations= 81].
“Synthesis, microstructure and electrical conductivity of carbon Nanotube-alumina nanocomposite”, Latha Kumari, T. Zhang, G.H. Du, W.Z. Li, Q.W. Wang et al. Ceramics International, 35, 1775, 2009 [Impact factor= 2.986, Citations= 60].
“Self-assembly of b-Ni(OH)2 nanoflakelets to form submicrospheres by hydrothermal route”, Latha Kumari, W.Z. Li, Physica E: Low-dimensional Systems and Nanostructures, 41, 1289, 2009 [Impact factor= 2.221, Citations= 20].
“Structural, optical and electrical properties of sulfur-incorporated amorphous carbon films”, Latha Kumari and S.V. Subramanyam, Applied Physics A, 95, 343, 2009 [Impact factor= 1.455, Citations= 9].
“Vertically aligned and interconnected nickel oxide Nanowalls fabricated by hydrothermal route”, Latha Kumari, W.Z. Li, C.H. Vannoy, D.Z. Wang, Crystal Research and Technology, 44, 495, 2009 [Impact factor= 1.0, Citations=32].
Amit Datye, Latha Kumari et al., “Fabrication of Silicon Nitride-Multi-Walled Nanotube Composites by Direct In-Situ Growth of Nanotubes on Silicon Nitride Particles”, in Mechanical Properties and Performance of Engineering Ceramics and Composites IV (Wiley Publications), 30(2), 2009.
Amit Datye, Latha Kumari et al., “Synthesis of yttria stabilized zirconia - multi-walled nanotube nanocomposites by direct in-situ growth of MWNTs on zirconia particles”, in Mechanical Properties and Performance of Engineering Ceramics and Composites IV (Wiley Publications), 30(2), 2009.
Latha Kumari, W.Z. Li, D. Wang, Nanotechnology 19, 195602, 2008 [Impact factor= 3.578, Citations= 44].
“Thermal Properties of CNT-Alumina Nanocomposites”, Latha Kumari, T. Zhang, G.H. Du, W.Z. Li, Q.W. Wang, A. Datye, K.H. Wu, Composites Science and Technology, 68, 2178, 2008 [Impact factor= 4.873, Citations= 120].
“Laser oxidation and wide-band photoluminescence of thermal evaporated bismuth thin films”, Latha Kumari, Jin-Han Lin and Yuan-Ron Ma, Journal of Physics D: Applied Physics 41, 25405, 2008 [Impact factor= 2.588, Citations= 40].
“Synthesis of bismuth oxide Nanostructures by an oxidative metal vapour phase deposition technique”, Latha Kumari, Jin-Han Lin and Yuan-Ron Ma, Nanotechnology 18, 295605, 2007 [Impact factor= 3.578, Citations= 57].
“X-ray diffraction and Raman scattering studies on large-area array and Nanobranched structure of 1D MoO2 Nanorods”, Latha Kumari, Y.R. Ma, C.C. Tsai, Y.W. Lin, S. Y. Wu, K.W. Cheng and Y. Liou, Nanotechnology 18, 115717, 2007 [Impact factor= 3.578, Citations= 90].
“One-dimensional Bi2O3 Nanohooks: synthesis, characterization and optical properties”, Latha Kumari, Jin-Han Lin and Yuan-Ron Ma, Journal of Physics: Condensed Matter 19, 406204, 2007 [Impact factor= 2.649, Citations= 98].
“Effects of deposition temperature and thickness on the structural properties of thermal evaporated bismuth Thin films”, Latha Kumari, S.J. Lin, J.H. Lin, Y.-R. Ma, P.C. Lee, Yung Liou, Applied Surface Science 253, 5931, 2007 [Impact factor= 3.387, Citations= 333].
Latha Kumari and S.V. Subramanyam, J. Appl. Phys. 99, 96107, 2006 [Impact factor= 2.068, Citations= 9].
“Magnetoresistance and magnetic field induced metal-insulator transition in intercalated amorphous carbon’’, Latha Kumari and S.V. Subramanyam, Mat. Sci. Eng. B 129, 48, 2006 [Impact factor= 2.552, Citations= 8].
Latha Kumari and S.V. Subramanyam, Mat. Res. Bull. 41, 2000, 2006 [Impact factor= 2.446, Citations= 5].
“Characterization and thermal stability of iodinated amorphous conducting carbon films”, Latha Kumari, S.V. Subramanyam, Arup Gayen, V. Jayaram, Thin Solid Films 471, 252, 2005 [Impact factor= 1.879, Citations= 7].
Latha Kumari, S.V. Subramanyam, S. Eto, K. Takai and T. Enoki, Carbon 42, 2133, 2004 [Impact factor= 6.337, Citations= 12].
Latha Kumari and S.V. Subramanyam, Bull. Mater. Sci. 27, 289, 2004 [Impact factor= 0.584, Citations= 13].
“Study of structural and transport properties of iodinated amorphous conducting carbon films”, Latha Kumari and S. V. Subramanyam, Int. J. Nanosci. 3, 549, 2004 [Impact factor= 0.56, Citations= 1].
“Effect of iodine incorporation on the electrical properties of amorphous conducting carbon films”, Latha Kumari, V. Prasad and S.V. Subramanyam, Carbon 41, 1841, 2003 [Impact factor= 6.337, Citations= 36].

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§ 1. The Regional Council shall establish, in cooperation with municipal councils in the region a health koordinationsudvalg.
(2). Health koordinationsudvalget is made up of representatives of the region, the municipalities in the region and practice sector. The detailed composition can be agreed between the Regional Council and the municipality of kontaktrådet in the region. However, at least one Member shall be appointed by the practice Committee for general practice in the region.
3) 2 members nominated by the practice Committee for general practice in the region.
(4). Health koordinationsudvalget elect its Chairman from among the representatives of the Council in the Committee of the regions.
§ 2. Health koordinationsudvalget shall adopt its rules of procedure.
(2). Health koordinationsudvalget should hold at least four meetings per year.
(3). The term of Office of the members of the Committee follows the municipal legislature.
(4). Health koordinationsudvalget may set up subcommittees and working groups, inter alia. for the purpose of professional advice or involvement of user views.
(5). The region of the Secretariat serving the health koordinationsudvalget.
§ 3. Health koordinationsudvalget draws up a general draft of the health care agreements in accordance with the Health Act section 205 shall be concluded between the region and the individual municipalities in the region.
(2). Health koordinationsudvalget follow and discuss practical implementation of the agreements in accordance with the needs of health and makes its evaluations thereof available to the parties to the agreement.
(3). Health koordinationsudvalget assesses the draft to the region's health plan and may make recommendations as to how the plan can promote consistency in effort between hospitals, practices sector and municipalities.
(4). Health koordinationsudvalget Furthermore, discussing topics relevant to the consistency of clinical pathway between hospitals, practices sector and municipalities.
(5). Health koordinationsudvalget health koordinationsudvalgene in the other regions will inform on matters relating to cooperation between hospitals, practices sector and municipalities in the region, where knowledge of it can promote the co-ordination of the course of treatment, which includes several regions.
6) follow-up on adverse events.
(2). The detailed requirements for each of the action areas of content are set out in annex 1-6 to this Ordinance.
§ 5. When a health agreement is concluded, send Regional Council agreement for health koordinationsudvalget for information.
(2). The Regional Council shall submit health agreements on the areas referred to in paragraph 4, to the Board of health for approval. The submission must be made by the end of January in the legislature two years.
§ 6. The National Board of Health's approval depends on whether agreement is reached on the areas referred to in paragraph 4, in accordance with the requirements specified in annex 1-6 to this Ordinance.
(2). Significant changes to the agreements are submitted regularly to the Board of health for approval. The health protection agency guidance on what changes that require approval, see. § 8.
(3). If the Board of health is not within two months from the receipt of a health agreement, the agreement shall be considered as approved, objected.
(4). Can the health protection agency does not approve an agreement, signify the health protection agency in the face of the parties to the agreement, in which the shortcomings remain. The incumbent Regional Council and the Municipal Council to amend the agreement and submit it for approval within a period to be set by the Danish Medicines Agency.
§ 7. The Regional Council and the Municipal Council may enter into agreements in addition to the focus areas of health, referred to in section 4.
(2). The agreements referred to in paragraph 1, shall not be approved by the National Board of health.
§ 8. The health protection agency publishes a guide on health koordinationsudvalg and health agreements, including on the detailed framework and procedures for the submission of health appointments to Board of Health's approval, see. § 6.
§ 9. The notice shall enter into force on the 1. September 2009.
(2). At the same time repealed Executive Order No. 414 of 5. May 2006 on health koordinationsudvalg and health agreements.
How the Parties shall ensure that relevant information about the patient's treatment and care, etc. exchanged between the municipality, general practice and hospital and possibly. other relevant actors; How to ensure that the information is delivered in a timely manner; How to ensure that relevant information is communicated to the patient and possibly relatives, and that the parties are available for further dialogue and questions from the patient.
How the parties prevent inappropriate admissions.
How the Parties shall ensure the timely clarification of the individual patient's needs after printing from the hospital, including coordination of the printing time and printing-related services.
How the parties by coordinating capacity, etc. ensures that patients can be printed from the hospital as soon as possible after they are pre-finished.
How the parties to follow up on the agreement.
Division of labour between the region and municipalities in relation to the provision of rehabilitation in patients after printing from the hospital as well as description of Division of labour agreed with the third party.
How the Parties shall ensure communication between municipality, general practice and hospital in connection with printing from the hospital by patients with a rehabilitation need. Specifically, the agreement shall determine the content of a contact system.
How the Parties shall ensure the provision of the necessary basis for the municipality's guidance on the free choice of place of rehabilitation.
How the parties through an on-going planning and management capacity of rehabilitation deals in the region and the municipalities shall ensure that rehabilitation can commence as soon as possible after printing from the hospital.
Division of labour between the region and municipalities for the provision of assistive devices and treatment tools for both permanent as for temporary use.
How the parties makes planning and management capacity of the regional and municipal aid depots.
How the parties through dialogue and clarification of the individual patient's needs for assistive devices or treatment tools ensures that assistive devices and treatment tools that patient need is available, when the patient is printed from the hospital.
How the Parties shall ensure necessary instruction of the patient in use of assistive devices and processing tools, and the patient has access to get answers to questions on the subject.
Division of labour between the region and municipalities in relation to the patient-oriented prevention and health promotion efforts.
How the Parties shall ensure consistency between the regional and local prevention and health-promotion deals.
How the Parties shall ensure the dialog in the organisation, development and quality assurance of the patient-oriented prevention and health promotion efforts.
How the Parties shall ensure that the stakes for patients with an identified need for patient oriented prevention organised in accordance with the technical evidence and knowledge on the subject.
How the Parties shall ensure chronically ill patients contact with the relevant actors in the region and municipality for conducting patient-oriented preventive and health-promotion deals.
Division of labour between the region and municipalities in relation to efforts for people with mental illness, including on children and young people as well as for people with a known mental disorder also have an abuse (dual diagnosis patients).
How the Parties shall ensure coordination between the health-care effort and the social professional efforts, including defining who in a given situation is responsible for taking an initiative.
How the Parties shall ensure that relevant information is communicated to the patient and between hospitals, general practice and the municipality in connection with hospitalization and printing from the hospital, and that the parties are available for further dialogue and questions from the patient.
How the Parties shall ensure that, in the context of printing carried out a cross-disciplinary and cross-sectoral assessment of the patient's total demand, together with the patient and relevant actors, including coordination of the printing time and printing-related services.
How the Parties shall ensure that an assessment of the needs for action in relation to children in families where there is a person with a mental disorder, and that responsibility for accomplishing these needs determined.
How the parties makes planning and managing capacity in relation to the effort for people with mental illness.
Division of labour between the region and municipalities in relation to the reception and analysis of adverse events that are related to the sector crossing points, and as reported to Danish Patient Safety Database (DPSD).
How the parties ensures a coordinated learning of adverse events, including follow-up on the results, which may arise on the basis of the analytical work.
How the Parties shall ensure that there is a coordinated collection of experience and transfer of knowledge between the hospital sector and the municipality, as well as other practices, relevant stakeholders, including the pharmacy sector.

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Statutes of the charitable organisation Ourchild e.V. | Ourchild e. V.
Home » Association » Statutes of the charitable organisation Ourchild e.V.
Statutes of the charitable organisation Ourchild e.V.
Please note: This is a translation of the German Vereinssatzung and is not legally ratified. It is offered to aid understanding only. The German Vereinssatzung serves as a legal basis.
2. The charity is resident in Bad Sulza.
3. The charity is registered as a charitable organisation.
4. The charities financial year is the calendar year.
– transfer of knowledge gained for new aid projects.
the provision of aid and support for people in need and welfare in general for the family and the elderly in particular.
to increase public awareness of the causes and background of poverty and injustice and to promote tolerance, interest and understanding for the plight of poverty-stricken children and young people internationally in order to improve the sense of responsibility of peoples towards one another.
The society can choose to (though does not have to) select a third-party to exercise its interests, in particular the choice, care and monitoring of projects abroad, when the third party adheres strictly to the aims of the society. The annual checking of the accounts, the statutory use of financial assets and the correct running of the charity is to be undertaken by an approved and BRD-certified auditor.
The charity can cooperate with other organisations or undertake in joint projects to achieve its aims as set out in the statutes. The charity nevertheless decides independently how it will undertake its work, which responsibilities it has and the use of financial assets and donations.
„Ourchild e. V.“ is exclusively a charitable organisation dedicated to providing for the common good as defined in (§§ 51 ff. „Steuerbegünstigte Zwecke“) of the German Abgabenordnung (taxation regulations).
The charity has no internal economic purposes, it is a non profit making organisation. Financial assets can only be used for purposes defined within the statutes.
Persons working in or for the charity do this on a voluntary basis. Members do not receive shares or financial contributions from the charities assets.
The use of charity assets cannot fall to uses or persons outside of the puposes given in the statutes, nor can they exceed reasonable levels of remuneration.
A minimum of 65 % of the earnings in a financial year should be assigned to project work as defined in the preceding paragraph 1.
The charity consists of members and honorary members (known forthwith as charity members).
Members should promote the purposes and aims of the charity. Membership is open to everyone without a criminal record. Application should be presented in writing to the board of directors with name, status, age and address. Minors require a signature from their legal representative (parent etc.).
With the application the member agrees with the statutes of charity. Admission is decided upon by the board of directors. Admission must be unanimous. The board of directors need not give any reasons by a refusal of membership.
Persons whose contribution is of particular use to the charity, can be declared honorary members by the members’ assembly.
Members are obliged to follow resolutions and regulations of the charity in as far as these are applicable in the statutes. All members have an equal vote in the members’ assembly. Honorary members are not entitled to a vote.
The membership fee as decided by the members’ assembly is payable yearly in advance. Honorary members are exempted from the membership fee.
Membership fees for members who through no fault of their own are unable to pay can be deferred or excused for the respective period.
Withdrawal is only possible at the end of a year and should be presented in writing by the 30th September in a letter sent as registered mail with delivery notification.
Members who have not paid their membership fee after the end of the yeat will receive a warning. Members who do not pay after two warnings will be removed from the members list.
grevious broach of the statutes and interests of the charity or its resolutions and regulations.
dishonest behaviour within and without the charity.
The activities of the charity are to be financed through the measures detailed in § 3 (2).
The membership fee will be waivered from 1999 onwards until further notice.
The members’ assembly decides changes to the membership fee with a simple majority.
Further organs can be defined as required by resolution of the general assembly.
The board of directors consists of the first and second chairpersons and the treasurer.
The members of the board of directors are elected from the ranks of the members. Re-election is possible. The elections take place during the members’ assembly through a secret ballot (ballot paper) or where appropriate (lack of opposition) through an open (vocal) election. The period of office is three years.
A member of the board can withdraw from his or her position with three months notice. The notice of withdrawal should be sent to the other members of the board as registered mail with delivery notification. The right to withdraw immediately under exceptional circumstances is given.
Should a member of the board of directors leave his or her position before the end of the period of office, a new member of the board is elected by the members’ assembly for the remainder of the period of office.
The board of directors as given in § 26 Abs. 2 BGB (German civil code) are the first chairperson, the second chairperson and the treasurer. The first chairperson is authorised to represent the society before a court or otherwise in person, the second chairperson and treasurer are authorised to represent the society when both are present.
The board of directors is responsible for the societies affairs. It decides and ensures the use and administration of financial assets according to the statutes. Internal running of the society is decided by a simple majority, and can issue resolutions when at least two members of the board are present. The board of directors is authorised to instruct individual members of the board or third parties with the execution of resolutions.
The members’ assembly can appoint a manager as suggested by the board to undertake all or certain aspects of the running of the society as defined in a contract. He or she is authorised to represent the society before or outside a court as a special representative according to § 30 BGB. A member of the board of directors can be appointed as manager.
The rights and obligations of a manager are to be defined in a contract. The appointment, amendment or cancellation of a contract must be decided upon by the board of directors. For the appointment, amendment or cancellation of a contract where the manager is a member of the board of directors, the society can be represented only by the members of the board. § 181 BGB applies.
Activities beyond those of the administration of the society can only be undertaken by the manager when this has been expressly allowed by the board of directors.
The members of the board of directors carry out their role in a voluntary capacity unless the following paragraph 7 applies. Necessary expenditures that occur whilst fulfilling their roles can be refunded against proof of expenditure.
Should the degree of work necessary exceed the bounds of what can reasonably be expected, the members’ assembly can choose to offer the member of the board an appropriate remuneration. § 2 Abs. 6 of the statutes applies. Such remuneration requires reiteration through the members’ assembly in following periods of office.
The general member’s assembly occurs annually. The assembly can be convened by the board of directors with a minimum of two weeks notice given together with the agenda.
The members’ assembly is led by a member of the board unless the assembly chooses another chairperson with a simple majority.
Extraordinary general meetings can be convened by the board of directors. The board must convene a meeting when at least a quarter of the members wish it and it is in the interests of the charity. The same regulations apply to extraordinary general meetings as they do for annual general meetings.
The members’ assembly is the primary organ of the charity and decides upon all the affairs of the charity, in as far as these are not already transferred to another organ of the charity.
the dissolution of the charity.
Applications for resolutions from within the ranks of the members should be notified in a written explanation to the board at least 5 days in advance of the meeting.
The members’ assembly is deemed quorate (able to pass resolutions) if more than 50% of the members are present. If the members’ assembly is not quorate, a second assembly must be convened which is deemed quorate regardless of the number of members present. This must be stated in the notification of the second meeting. Resolutions are passed with a simple majority. By tied votes the vote of the board is decisive.
Minutes detailing the negotiations and resolutions of the members’ assembly are to be kept and signed by two members of the board.
Resolutions by the general assembly can be undertaken in writing in the mail (circulation procedure) if all members are in agreement.
The internal auditor must check all running business transactions, the book keeping and the annual accounts for all irregularities (at the least through spot-checks) and should present a report of the findings to the members’ assembly. The auditor is selected by the general assembly.
A auditor need not be selected if the members’ assembly chooses to transfer this responsibility to an independent and in the BRD certified external auditor.
Should the charity be dissolved, the first and second chairpersons and the treasurer are elected as executors of the liquidation process. Dissolution can only occur as a result of a majority decision. Should a majority not be reached, the chair of the board is to decide. Rights and obligations of executors of the liquidation process are defined in §§ 47 ff BGB (German civil code).
By a dissolution or abolition of the charity, or where its purpose no longer exists, any remaining assets go to the town of Bad Sulza (Thuringia, Germany) and are to be used exclusively and directly for charitable causes.


Before EBEL, PORFILIO, and LUCERO, Circuit Judges.
Plaintiff Kamal K. Patel, a federal prisoner appearing pro se, appeals from the district court's grant of summary judgment to defendants in his action brought pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). We have jurisdiction under 28 U.S.C. § 1291.
At this juncture, plaintiff's remaining claim is for damages against defendants based on his assertion that they violated his Fifth Amendment right to the equal protection of the law while he was housed at the Federal Correctional Institution, Florence, Colorado ("FCI-Florence"). See Patel v. United States, No. 97-1083, 1997 WL 764570 (10th Cir. Dec. 4, 1997).(1) Plaintiff was housed at FCI-Florence from March 25, 1993 until January 26, 1997. He is a Hindu and therefore does not eat meat. He alleges that defendants failed to provide him with an appropriate substitute for meat on either of FCI-Florence's two meal plans, even though defendants always provided Jewish and Muslim inmates with a substitute for pork, which Jews and Muslims do not eat.
The district court decided that plaintiff was not treated differently than other inmates because no inmate, whatever his religious faith, was allowed to choose the protein source in his meal. R. doc. 130, at 12. The district court therefore concluded that plaintiff had failed to establish a constitutional claim. Id. The district court also held in the alternative that defendants were following Bureau of Prisons (BOP) policy related to inmate meals and, as a result, were entitled to qualified immunity on plaintiff's claim. Id.
Plaintiff argues on appeal that: (1) BOP regulations do not shield defendants because defendants failed to accommodate his religious dietary restrictions while accommodating the dietary needs of inmates of other faiths, even after they knew that he was a Hindu and did not eat meat; and (2) regulations governing the BOP's "common fare" religious meal plan allowed defendants to replace a meat item with a vegetarian item from the shelf, but they refused to exercise this option.
We review the grant of summary judgment de novo. Eastman Kodak Co. v. Image Technical Servs., Inc., 504 U.S. 451, 465 n.10 (1992). Summary judgment is appropriate if there is no genuine issue of material fact and the moving parties are entitled to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Fed. R. Civ. P. 56(c). To withstand summary judgment, the nonmoving party "must come forward with 'specific facts showing that there is a genuine issue for trial.'" Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (quoting Rule 56(e) (emphasis added)). The evidence is considered in the light most favorable to the non-moving party. Behrens v. Pelletier, 516 U.S. 299, 309 (1996). When defendants base a motion for summary judgment on the defense of qualified immunity, the plaintiff must show that defendants violated "clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).
"[T]he Due Process Clause of the Fifth Amendment contains an equal protection component prohibiting the United States from invidiously discriminating between individuals or groups." Washington v. Davis, 426 U.S. 229, 239 (1976). The challenged disparate treatment must be the result of purposeful discrimination. Harris v. McRae, 448 U.S. 297, 323 n.26 (1980).(2) Because plaintiff is a prisoner, however, our analysis of his equal protection claim is guided by the Supreme Court's decision in Turner v. Safley, 482 U.S. 78 (1987). Washington v. Harper, 494 U.S. 210, 223-24 (1990) ("We made quite clear that the standard of review we adopted in Turner applies to all circumstances in which the needs of prison administration implicate constitutional rights."). In Turner, the Supreme Court adopted a lower standard of scrutiny in evaluating the constitutionality of prison rules and regulations, in order to balance prisoners' constitutional rights with the deference due officials delegated the responsibility of administering prisons. Id. at 84-85. The Court decided that "when a prison regulation impinges on inmates' constitutional rights, the regulation is valid if it is reasonably related to legitimate penological interests." Id. at 89. Four factors are relevant to determining the validity of a prison regulation that infringes a prisoner's constitutional right: (1) whether a valid and rational connection exists between the regulation and a legitimate governmental interest advanced as a justification; (2) whether, notwithstanding the regulation, alternative means exist for the prisoner to exercise the right; (3) what effect an accommodation of the prisoner's constitutional right would have on guards, inmates and prison resources; and (4) whether an alternative is available which would accommodate the prisoner's rights at a de minimis cost to valid penological interests. Id. at 89-91. Because the district court found that plaintiff had not made a prima facie showing of a constitutional violation, it did not consider these factors.
We hold that plaintiff made a sufficient threshold showing of an equal protection violation and the case must be remanded for the district court to do the Turner analysis. To briefly summarize the evidence more fully presented in his district court brief: pork was always accompanied by a protein substitute on the main cafeteria line. R. Vol. III, Doc. 106, Ex. A at 25, Ex. F at 54, Ex. G. This was done not as a matter of regulation, but as a matter of discretion. Id., Ex. A at 25. The practice originated because it would accommodate Jewish and Muslim inmates, who did not eat pork for religious reasons, although other inmates would also choose an alternative to pork. Id., Ex. C at 15-16. Pork was never served on the "common fare" religious diet, and meat was frequently the only entree. See id., Ex. D, Att. A. The common fare plan ostensibly serves the dietary needs of all faiths, but specifically mentions only issues of concern to Jews and Muslims. Id., Ex. D. Protein substitutes such as beans, cheese, and peanut butter were not regularly available on the salad bar. Id., Ex. B, ¶ 3. Such protein substitutes were regularly stocked in the kitchen and were readily available, however. Id., Ex. C at 18-19. The common fare regulations specifically allowed hot entrees on that meal plan to be replaced with "shelf stabilized meals from the commissary." Id., Ex. D, Att. A at 1-7. Plaintiff told defendants that he desired a substitute for meat due to his religious beliefs. Id., Ex. H. In response, defendants told him to choose the common fare plan or to pick and choose between the main line and the salad bar if he did not wish to eat a meat entree. Id.
Defendants argue that they did not serve a substitute for pork to accommodate the religious needs of Jewish and Muslim inmates, and plaintiff therefore cannot show that they discriminated against him. This argument is without merit. By defendants' admission, they intended to accommodate Jewish and Muslim inmates' dietary restrictions on the common fare plan. Id., Ex. D. Plaintiff presented evidence that defendants began a practice of providing a meat substitute for pork on the main cafeteria line to accommodate Jewish inmates. Id., Ex. C at 15-16. Moreover, whatever the reason that defendants provided a meat substitute for pork on the main cafeteria line, the effect of that practice was to accommodate the religious dietary needs of Jewish and Muslin inmates. Plaintiff's evidence therefore creates a genuine issue of fact as to whether defendants intentionally discriminated against him after he pointed out that the meat they provided as a substitute for pork on both plans did not satisfy the requirement of his Hindu faith to avoid meat as well as pork. A fair inference can be drawn that defendants deliberately treated plaintiff differently than Jewish and Muslim inmates.
This argument ignores that defendants' conduct is not judged by whether it comported with BOP policy, but by whether this conduct comported with the Constitution. See Turner, 482 U.S. at 84-85. We decline to decide in the first instance whether the BOP meal regulations are valid under Turner.
Defendants maintain that plaintiff did not raise in the district court his argument that the common fare regulations allowed them to substitute a shelf item for the planned entree. Contrary to defendants' assertion, plaintiff advanced this argument in his response to their motion for summary judgment. See, e.g., R. Vol. III, Doc. 106, at 2, 5, 16, Ex. B, at 2 ¶ 7, Ex. D, Att. 1, at 1-7.
In sum, because plaintiff made a prima facie showing of an equal protection claim, we REVERSE the district court's grant of summary judgment to defendants, and REMAND for the district court to appoint counsel for plaintiff and to conduct further proceedings consistent with this order and judgment.(4) Plaintiff's motion to supplement the record with newly discovered evidence is denied.
PORFILIO, Senior Circuit Judge, dissent.
I dissent for two reasons. First, I believe the court has lost sight of the nature of this case. In an attempt to ferret out the constitutionality of the menu policies of the Bureau of Prisons, this disposition ignores, I believe, the absence from this case of either the Bureau of Prisons or any official responsible for those policies. Second, because this action is merely one for damages in which the liability of four individuals employed at FCI-Florence is the only issue, the disposition fails to take their immunity into account.
Because the BOP was dismissed from this case, I believe the constitutionality of its regulations is not a question before us. In my opinion, therefore, the Turner inquiry ordered here is inapposite. This case is simply about the action of four discrete individuals and their individual liability, not the regulations and policy of the BOP.
Moreover, a finding that the BOP policy in question is in violation of the Constitution could not resolve this case. Because the case is postured only as a claim of damages from the named defendants, their immunity would foreclose judgment for the plaintiff. Oddly enough, a finding that the menu policy is constitutionally supportable would not be dispositive either. There would remain unresolved the plaintiff's claim the defendants are liable because they refused to take what he contends are discretionary actions allowed under the BOP policy.
Finally, I submit we have no indication in the record that the policy in issue is viable. Indeed, having long ago been transferred from FCI-Florence, Mr. Patel has submitted to us information purporting to show he was able to obtain an acceptable menu from another federal penal institution. Thus, I seriously question whether the constitutional issue is not moot. I am concerned also that the remand would result in a needless waste of precious judicial resources.
Further, I agree with the district court that the defendants are at least qualifiedly immune from suit in this case. Saucier v. Katz, U.S. , 121 S. Ct. 2151, 2156 (2001) reminds us unless it would be clear to a reasonable official in the circumstances of the case that his actions were unlawful, immunity should be granted. The Court emphasized this result obtains even if the official's actions could be considered unconstitutional, 121 S. Ct. at 2158. In this case, the district court properly noted the defendants were "following orders" by enforcing the policy they believed required by the BOP.
Thus, the immunity paradigm requires that we ask, "Was it clear at the time the defendants acted that what they did violated the law?" Because this court itself is not presently prepared to answer that question, I find it difficult to fathom how the defendants could be held to a higher standard of knowledge.
1. Plaintiff's First Amendment claim, his only other claim to survive his first appeal, was dismissed by stipulation. See R. Vol. I, docs. 91, 92.
2. This circuit has previously required a plaintiff to meet a heightened pleading standard when subjective intent was an element of the substantive claim and the defendant raised a qualified immunity defense. See, e.g., Breidenbach v. Bolish, 126 F.3d 1288, 1292 (10th Cir. 1997) (reviewing denial of motion to dismiss); Gehl Group v. Koby, 63 F.3d 1528, 1535 (10th Cir. 1995) (reviewing grant of summary judgment). We recently held, reviewing a dismissal under Fed. R. Civ. P. 12(b)(6), that our heightened pleading requirement does not survive the Supreme Court's opinion in Crawford-El v. Britton, 523 U.S. 574 (1998). Currier v. Doran, 242 F.3d 905, 916 (10th Cir. 2001). Even though we were reviewing a dismissal in Currier, we noted that Crawford-El decided that the D.C. Circuit's heightened pleading requirement at the summary judgment stage was improper. Currier, 242 F.3d at 913-14, 916. Thus, there is no question that our heightened pleading requirement at the summary judgment stage was also overturned by Crawford-El.
3. Plaintiff moves to supplement the record with evidence that FCI-El Reno, Oklahoma, provides a no-flesh alternative to meat. Plaintiff offers this evidence ostensibly to prove that BOP policy did not prevent defendants from accommodating his requests for such a substitution at FCI-Florence. Because this evidence was created several years after the events plaintiff complains of at FCI-Florence, and because it was not presented to the district court, we decline to consider it now. Mason v. Oklahoma Turnpike Auth., 115 F.3d 1442, 1458 n.13 (10th Cir. 1997).
4. Defendants on appeal do not assert the defense of qualified immunity, so we decline to address it.


text:
What city is the Parisian Eiffel Tower in?
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matches:
Art. 6
Art. 6
Art. 6
Art. 6
Art. 6
Art. 6


text:
Allow access to default-initialized elements of basic_string.
Pay for extra initialization — resize, which zero initializes, followed by copy.
Pay for extra copies — Populate a temporary buffer, copy it to the string.
Pay for extra "bookkeeping" — reserve followed by small appends, each of which checks capacity and null terminates.
The effects of these unhappy choices can all be measured at scale, yet C++'s hallmark is to leave no room between the language (or in this case the library) and another language.
We should promise more committee time to [P1072R1], knowing that our time is scarce and this will leave less time for other work?
— If n <= size(), erases the last size() - n elements.
— If n > size(), appends n - size() default-initialized elements.
In order to enable resize_default_init, this proposal makes it implementation-defined whether basic_string uses allocator_traits::construct and allocator_traits::destroy to construct and destroy the "char-like objects" that it controls. See §5.3 Allocator Interaction and §8 Wording below for more details.
libc++ includes a private implementation of this proposal and uses it to avoid a dynamic allocation in std::filesystem [LIBC++].
// SUB-OPTIMAL: We memset step*count bytes only to overwrite them.
Consider wrapping a C API while working in terms of C++'s basic_string vocabulary. We anticipate over-allocating, as computation of the length of the data is done simultaneously with the computation of the contents.
// Compute upper limit of compressed input.
It matches existing practice. See §7.1 Google, §7.4 Discussion on std-proposals.
Uninitialized buffers are not uncommon in C++. See for example new T or the recently adopted make_unique_default_init.
Dynamic analyzers like Memory Sanitizer [MSan] and Valgrind [Valgrind] can catch uninitialized reads.
Several other alternatives were discussed at [SAN] and on the reflector. Please see §6 Alternatives Considered below for more details.
A constructor that takes a tag type simplifies some use cases, like the example above.
Matches existing practice in Boost. See §7.7 Boost.
Feature creep / complexity — A tag type invites generalizing for all allocator-aware container types. We agree that this is desirable and even has implementation experience in Boost. However default initialization is not enough. There is also "implicit construction" (see [P1010R1], [P0593R2]) and "relocation" (see [P1144R0], [P1029R1]). Neither of these features are yet in the language. It is too early to generalize. Note that the second poll quoted in §1 Motivation shows support for solving this problem for [basic_]string but not vector.
In reflector discussion of make_unique_default_init [Zero], there was a preference for avoiding tag types. The standard library has copy_backward, not copy with a tag, and count_if, rather than count with a predicate.
LEWG should explore tags for allocator-aware containers, but that work should not block near-term enablement of efficient [std::]string builders.
Unlocking the desired optimizations requires some change to basic_string's interaction with allocators. This proposal does what we think is the simplest possible change: remove the requirement that basic_string call allocator_traits::construct or allocator_traits::destroy.
This Clause describes components for manipulating sequences of any non-array trivial standard-layout (6.7) type. Such types are called char-like types, and objects of char-like types are called char-like objects or simply characters.
Removing calls to construct and destroy is compatible with pmr::basic_string as long as uses_allocator_v<charT> is false, which should be the case in practice.
Stating explicitly that basic_string is allocator-aware.
Introducing the term "allocator-aware" earlier in [container.requirements.general].
Not attempting to mention other "components" in [container.requirements.general]. The other allocator-aware containers (just basic_string and regex::match_results?) can independently state that they are "allocator-aware" in their own clauses.
libstdc++ and msvc allow strings of non-trivial type. That might force those libraries to continue to support construct and destroy as "extensions". On the other hand, libc++ disallows non-trivial charTs, so any such extensions are non-portable. See godbolt.org.
What do we want to call this method?
resize_default_init (as proposed). This is consistent with make_unique_default_init [P1020R1], adopted in San Diego. Also, specifying default-initialization throws a bone to libraries that have historically allowed non-trivial charT types in basic_string.
resize_uninitialized (as proposed in R0). "Uninitialized" is different from "default-initialized", which is what we want to specify. Also, uninitialized is already used elsewhere in the Library to mean "not constructed at all", as in uninitialized_copy; so this would be an overloading of the term.
In [P1072R1], we considered storage_buffer, a standalone type providing a prepare method (similar to the resize_uninitialized method proposed here) and commit (to promise, under penalty of UB, that the buffer had been initialized).
At the [SAN] Meeting, this approach received support from LEWGI in light of the [post-Rapperswil] email review indicating support for a distinct type. This approach was rejected by the larger LEWG room in San Diego Meeting Diego.
The proposed type would be move-only.
By being move-only, we would not have the risk of copying types with trap representations (thereby triggering UB).
Uninitialized data is only accessible from the storage_buffer type. For an API working with basic_string, no invariants are weakened. Crossing an API boundary with a storage_buffer is much more obvious than a "basic_string with possibly uninitialized data." Uninitialized bytes (the promise made by commit) never escape into the valid range of basic_string.
storage_buffer requires introducing an extra type to the standard library, even though its novel functionality (from string and vector) is limited to the initialization abilities.
basic_string is often implemented with a short-string optimization (SSO) and an extra type would need to implement that (likely by additional checks when moving to/from the storage_buffer) that are often unneeded.
Overly constraining to implementers. Allowing users to provide their own buffers runs into the "offset problem". Consider an implementation that stores its size and capacity inline with its data, so sizeof(container) == sizeof(void*).
If using a Rep-style implementation, the mismatch in offsets requires an O(N) move to shift the contents into place and trigger a possible reallocation.
Introducing new pitfalls. It would be easy to mix new and allocator::allocate inadvertently.
Google has a local extension to basic_string called resize_uninitialized which is wrapped as STLStringResizeUninitialized.
[Abseil] uses this to avoid bookkeeping overheads in StrAppend and StrCat.
In decompression, the final size of the output buffer is known before the contents are ready.
During compression, an upperbound on the final compressed size is known, allowing data to be efficiently added to the output buffer (eliding append's checks) and the string to be shrunk to its final, correct size.
[Protobuf] avoids extraneous copies or initialization when the size is known before data is available (especially during parsing or serialization).
* directly without any processing or copying.
VMware has an internal string builder implementation that avoids std::string due, in part, to reserve's zero-writing behavior. This is similar in spirit to the MongoDB example above.
The [N4734] (the Networking TS) has dynamic buffer types.
See also [P1020R1] "Smart pointer creation functions for default initialization". Adopted in San Diego.
Boost provides a related optimization for vector-like containers, introduced in [SVN r85964] by Ion Gaztañaga.
//!   and inserts n default initialized values.
//!   throws or T’s default initialization throws.
//! <b>Complexity</b>: Linear to n.
These optimizations are also supported in Boost Container’s small_vector, static_vector, deque, stable_vector, and string.
The Thrust library has "a RAII-type thrust::detail::temporary_array which has a vector-like interface and a constructor with a tag parameter that indicates its elements should not be initialized." - [Bryce Adelstein Lelbach].
Wording is relative to [N4791].
Motivation for some of these edits can be found in §5.3 Allocator Interaction.
In [string.require] [20.3.2.1] clarify that basic_string is an allocator-aware container, and then add an exception for construct and destroy.
basic_string is an allocator-aware container as described in [container.requirements.general], except that it is implementation-defined whether allocator_traits::construct and allocator_traits::destroy are used to construct and destroy the contained charT objects.
— If n > size(), appends n - size() copies of c.
Effects: Equivalent to resize(n, charT()).
In [container.requirements.general] [21.2.1] clarify the ambiguous "components affected by this subclause" terminology in p3. Just say "allocator-aware containers".
All of the containers defined in this Clause except array are allocator-aware containers. For the components affected by this subclause that declare an allocator_type Objects objects stored in these components allocator-aware containers, unless otherwise specified, shall be constructed using the function allocator_traits<allocator_type>::rebind_traits<U>::construct and destroyed using the function allocator_traits<allocator_type>::rebind_traits<U>::destroy (19.10.9.2).
All of the containers defined in this Clause and in 20.3.2 except array meet the additional requirements of an allocator-aware container, as Allocator-aware containers meet the additional requirements described in Table 67.
Is LEWG satisfied with this approach?
Applied Jonathan Wakely’s editorial comments on §8 Wording.
Editorial changes to §1 Motivation and §5.2 Tag Type to support our design choice.
Added the reference to [LIBC++] in §3 Implementation.
Applied feedback from [SAN] Meeting reviews.
Reverted design to "option A" proposed in [P1072R0].
Switched from resize_uninitialized to resize_default_init.
Added discussion of alternatives considered.
Added discussion of design and implementation considerations.
Most of [P1010R1] Was merged into this paper.
Thanks go to Arthur O’Dwyer for help with wording and proof reading, to Jonathan Wakely for hunting down the language that makes basic_string allocator-aware, and to Glen Fernandes, Corentin Jabot, Billy O’Neal, and Mathias Stearn for design discussion. Special thanks to Eric Fiselier for providing the implmentation.

matches: §5 §8 §7 §7 §6 §7 §1 §5 §8 §1 §5 §3


governmental agency and ordered production of most of the requested documents. CCA appeals.
1986. With respect to CCA’s other facilities in Tennessee, we conclude that the provisions of Tenn.
Code Ann. § 41-24-117 do not apply and, therefore, do not limit the documents available to Plaintiff.
discretion we granted the petition, withdrew our original Opinion, and now address these new arguments.
order granting his request for access to records and an award of reasonable attorney fees.
satisfy the judgment, settlement or claim. I am requesting all such . . .
operation of any jail, prison, holding facility, immigration facility, etc.
from January 1, 2002 through and including the date of this letter.
gathering all of the requested documents would be overly burdensome.
when it concluded that CCA was operating as the functional equivalent of a governmental agency.
local governments. Plaintiff asserts that the Trial Court’s rulings on the above issues were correct.
whether the requested documents as to that facility are covered by the Public Records Act.
the judgment of the Trial Court except as to its refusal to award Plaintiff attorney fees.
behalf of a government often do so as independent contractors.
Bennett5, The Privatization of Correctional Institutions: The Tennessee Experience, 40 Vand. L.
Tenn. Code Ann. § 10-7-503(a)(2)(A) (Supp. 2008).
documents in its possession pertaining to the South Central Correctional Center must be produced.
Ann. § 41-24-117 both meaningless and superfluous, a result we are to avoid if possible.
Contracting Act of 1986, even though the private prison contractor is functioning as a state agency.
This is the General Assembly’s prerogative. If, in our attempt to give meaning to Tenn. Code Ann.
to amend the statute to more clearly set forth its intent in passing the applicable statute.
own terms, authorizes the State to contract with a private entity only for the operation of one prison.
Tenn. Code Ann. § 41-8-102 (2006).
facilities likewise are being operated by CCA as the functional equivalent of a governmental agency.
custody and being detained at the facility.
Plaintiff from CCA are those identified in the Private Prison Contracting Act at Tenn. Code Ann.
available pursuant to the Public Records Act.
documents from disclosure. On remand, the Trial Court must make this determination.
private contractor must comply with the various requirements of the County Correctional Incentives Act. See Tenn.
to an award of attorney fees. As relevant to this appeal, Tenn. Code Ann. § 10-7-505(g) (Supp.
In Memphis Publ’g Co. v. Cherokee Children & Family Servs., 87 S.W.3d 67 (Tenn.
decision absent clear evidence of an abuse of that discretion. Tenn.
Cherokee, 87 S.W.3d at 80 n.15.
award Plaintiff attorney fees incurred on appeal.
contents of this Opinion. See Cherokee, 87 S.W.3d at 79.
for which execution may issue, if necessary.
Correction, as opposed to CCA.


text:
The apostle knew very well that the Hebrews, to whom he wrote, were strangely fond of the Levitical dispensation, and therefore he fills his mouth with arguments to wean them from it; and in order thereto proceeds in this chapter, I. To lay low the whole of that priesthood and sacrifice, ver. 1-6. II. He raises and exalts the priesthood of Christ very high, that he might effectually recommend him and his gospel to them, ver. 7-18. III. He shows to believers the honours and dignities of their state, and calls them to suitable duties, ver. 19, to the end.
1 For the law having a shadow of good things to come, and not the very image of the things, can never with those sacrifices which they offered year by year continually make the comers thereunto perfect. 2 For then would they not have ceased to be offered? because that the worshippers once purged should have had no more conscience of sins. 3 But in those sacrifices there is a remembrance again made of sins every year. 4 For it is not possible that the blood of bulls and of goats should take away sins. 5 Wherefore when he cometh into the world, he saith, Sacrifice and offering thou wouldest not, but a body hast thou prepared me: 6 In burnt offerings and sacrifices for sin thou hast had no pleasure.
V. There was a time fixed and foretold by the great God, and that time had now come, when these legal sacrifices would be no longer accepted by him nor useful to men. God never did desire them for themselves, and now he abrogated them; and therefore to adhere to them now would be resisting God and rejecting him. This time of the repeal of the Levitical laws was foretold by David (Ps. xl. 6, 7), and is recited here as now come. Thus industriously does the apostle lay low the Mosaical dispensation.
7 Then said I, Lo, I come (in the volume of the book it is written of me,) to do thy will, O God. 8 Above when he said, Sacrifice and offering and burnt offerings and offering for sin thou wouldest not, neither hadst pleasure therein; which are offered by the law; 9 Then said he, Lo, I come to do thy will, O God. He taketh away the first, that he may establish the second. 10 By the which will we are sanctified through the offering of the body of Jesus Christ once for all. 11 And every priest standeth daily ministering and offering oftentimes the same sacrifices, which can never take away sins: 12 But this man, after he had offered one sacrifice for sins for ever, sat down on the right hand of God; 13 From henceforth expecting till his enemies be made his footstool. 14 For by one offering he hath perfected for ever them that are sanctified. 15 Whereof the Holy Ghost also is a witness to us: for after that he had said before, 16 This is the covenant that I will make with them after those days, saith the Lord, I will put my laws into their hearts, and in their minds will I write them; 17 And their sins and iniquities will I remember no more. 18 Now where remission of these is, there is no more offering for sin.
II. From what God had done in preparing a body for Christ (that is, a human nature), that he might be qualified to be our Redeemer and Advocate; uniting the two natures in his own person, he was a fit Mediator to go between God and man; a days-man to lay his hand upon both, a peace-maker, to reconcile them, and an everlasting band of union between God and the creature—"My ears hast thou opened; thou has fully instructed me, furnished and fitted me for the work, and engaged me in it," Ps. xl. 6. Now a Saviour thus provided, and prepared by God himself in so extraordinary a manner, ought to be received with great affection and gladness.
III. From the readiness and willingness that Christ discovered to engage in this work, when no other sacrifice would be accepted, v. 7-9. When no less sacrifice would be a proper satisfaction to the justice of God than that of Christ himself, then Christ voluntarily came into it: "Lo, I come! I delight to do thy will, O God! Let thy curse fall upon me, but let these go their way. Father, I delight to fulfil thy counsels, and my covenant with thee for them; I delight to perform all thy promises, to fulfil all the prophecies." This should endear Christ and our Bibles to us, that in Christ we have the fulfilling of the scriptures.
VI. From the place to which our Lord Jesus is now exalted, the honour he has there, and the further honour he shall have: This man, after he had offered one sacrifice for sins, for ever sat down at the right hand of God, henceforth expecting till his enemies be made his footstool, v. 12, 13. Here observe, 1. To what honour Christ, as man and Mediator, is exalted—to the right hand of God, the seat of power, interest, and activity: the giving hand; all the favours that God bestows on his people are handed to them by Christ: the receiving hand; all the duties that God accepts from men are presented by Christ: the working hand; all that pertains to the kingdoms of providence and grace is administered by Christ; and therefore this is the highest post of honour. 2. How Christ came to this honour—not merely by the purpose or donation of the Father, but by his own merit and purchase, as a reward due to his sufferings; and, as he can never be deprived of an honour so much his due, so he will never quit it, nor cease to employ it for his people's good. 3. How he enjoys this honour—with the greatest satisfaction and rest; he is for ever sitting down there. The Father acquiesces and is satisfied in him; he is satisfied in his Father's will and presence; this is his rest for ever; here he will dwell, for he has both desired and deserved it. 4. He has further expectations, which shall not be disappointed; for they are grounded upon the promise of the Father, who hath said unto him, Sit thou at my right hand, until I make thine enemies thy footstool, Ps. cx. 1. One would think such a person as Christ could have no enemies except in hell; but it is certain that he has enemies on earth, very many, and very inveterate ones. Let not Christians then wonder that they have enemies, though they desire to live peaceably with all men. But Christ's enemies shall be made his footstool; some by conversion, others by confusion; and, which way soever it be, Christ will be honoured. Of this Christ is assured, this he is expecting, and his people should rejoice in the expectation of it; for, when his enemies shall be subdued, their enemies, that are so for his sake, shall be subdued also.
VII. The apostle recommends Christ from the witness the Holy Ghost has given in the scriptures concerning him; this relates chiefly to what should be the happy fruit and consequence of his humiliation and sufferings, which in general is that new and gracious covenant that is founded upon his satisfaction, and sealed by his blood (v. 15): Whereof the Holy Ghost is a witness. The passage is cited from Jer. xxxi. 31, in which covenant God promises, 1. That he will pour out his Spirit upon his people, so as to give them wisdom, will, and power, to obey his word; he will put his laws in their hearts, and write them in their minds, v. 16. This will make their duty plain, easy, and pleasant. 2. Their sins and iniquities he will remember no more (v. 17), which will alone show the riches of divine grace, and the sufficiency of Christ's satisfaction, that it needs not be repeated, v. 18. For there shall be no more remembrance of sin against true believers, either to shame them now or to condemn them hereafter. This was much more than the Levitical priesthood and sacrifices could effect.
19 Having therefore, brethren, boldness to enter into the holiest by the blood of Jesus, 20 By a new and living way, which he hath consecrated for us, through the veil, that is to say, his flesh; 21 And having a high priest over the house of God; 22 Let us draw near with a true heart in full assurance of faith, having our hearts sprinkled from an evil conscience, and our bodies washed with pure water. 23 Let us hold fast the profession of our faith without wavering; (for he is faithful that promised;) 24 And let us consider one another to provoke unto love and to good works: 25 Not forsaking the assembling of ourselves together, as the manner of some is; but exhorting one another: and so much the more, as ye see the day approaching. 26 For if we sin wilfully after that we have received the knowledge of the truth, there remaineth no more sacrifice for sins, 27 But a certain fearful looking for of judgment and fiery indignation, which shall devour the adversaries. 28 He that despised Moses' law died without mercy under two or three witnesses: 29 Of how much sorer punishment, suppose ye, shall he be thought worthy, who hath trodden under foot the Son of God, and hath counted the blood of the covenant, wherewith he was sanctified, an unholy thing, and hath done despite unto the Spirit of grace? 30 For we know him that hath said, Vengeance belongeth unto me, I will recompense, saith the Lord. And again, The Lord shall judge his people. 31 It is a fearful thing to fall into the hands of the living God. 32 But call to remembrance the former days, in which, after ye were illuminated, ye endured a great fight of afflictions; 33 Partly, whilst ye were made a gazingstock both by reproaches and afflictions; and partly, whilst ye became companions of them that were so used. 34 For ye had compassion of me in my bonds, and took joyfully the spoiling of your goods, knowing in yourselves that ye have in heaven a better and an enduring substance. 35 Cast not away therefore your confidence, which hath great recompence of reward. 36 For ye have need of patience, that, after ye have done the will of God, ye might receive the promise. 37 For yet a little while, and he that shall come will come, and will not tarry. 38 Now the just shall live by faith: but if any man draw back, my soul shall have no pleasure in him. 39 But we are not of them who draw back unto perdition; but of them that believe to the saving of the soul.
III. He proceeds to show the Hebrews the duties binding upon them on account of these privileges, which were conferred in such an extraordinary way, v. 22, 23, &c.
IV. We have the means prescribed for preventing our apostasy, and promoting our fidelity and perseverance, v. 24, 25, &c. He mentions several; as, 1. That we should consider one another, to provoke to love and to good works. Christians ought to have a tender consideration and concern for one another; they should affectionately consider what their several wants, weaknesses, and temptations are; and they should do this, not to reproach one another, to provoke one another not to anger, but to love and good works, calling upon themselves and one another to love God and Christ more, to love duty and holiness more, to love their brethren in Christ more, and to do all the good offices of Christian affection both to the bodies and the souls of each other. A good example given to others is the best and most effectual provocation to love and good works. 2. Not to forsake the assembling of ourselves together, v. 25. It is the will of Christ that his disciples should assemble together, sometimes more privately for conference and prayer, and in public for hearing and joining in all the ordinances of gospel worship. There were in the apostles' times, and should be in every age, Christian assemblies for the worship of God, and for mutual edification. And it seems even in those times there were some who forsook these assemblies, and so began to apostatize from religion itself. The communion of saints is a great help and privilege, and a good means of steadiness and perseverance; hereby their hearts and hands are mutually strengthened. 3. To exhort one another, to exhort ourselves and each other, to warn ourselves and one another of the sin and danger of backsliding, to put ourselves and our fellow-christians in mind of our duty, of our failures and corruptions, to watch over one another, and be jealous of ourselves and one another with a godly jealousy. This, managed with a true gospel spirit, would be the best and most cordial friendship. 4. That we should observe the approaching of times of trial, and be thereby quickened to greater diligence: So much the more, as you see the day approaching. Christians ought to observe the signs of the times, such as God has foretold. There was a day approaching, a terrible day to the Jewish nation, when their city should be destroyed, and the body of the people rejected of God for rejecting Christ. This would be a day of dispersion and temptation to the chosen remnant. Now the apostle puts them upon observing what signs there were of the approach of such a terrible day, and upon being the more constant in meeting together and exhorting one another, that they might be the better prepared for such a day. There is a trying day coming on us all, the day of our death, and we should observe all the signs of its approaching, and improve them to greater watchfulness and diligence in duty.
V. Having mentioned these means of establishment, the apostle proceeds, in the close of the chapter, to enforce his exhortations to perseverance, and against apostasy, by many very weighty considerations, v. 26, 27, &c.
1. From the description he gives of the sin of apostasy. It is sinning wilfully after we have received the knowledge of the truth, sinning wilfully against that truth of which we have had convincing evidence. This text has been the occasion of great distress to some gracious souls; they have been ready to conclude that every wilful sin, after conviction and against knowledge, is the unpardonable sin: but this has been their infirmity and error. The sin here mentioned is a total and final apostasy, when men with a full and fixed will and resolution despise and reject Christ, the only Saviour,—despise and resist the Spirit, the only sanctifier,—and despise and renounce the gospel, the only way of salvation, and the words of eternal life; and all this after they have known, owned, and professed, the Christian religion, and continue to do so obstinately and maliciously. This is the great transgression: the apostle seems to refer to the law concerning presumptuous sinners, Num. xv. 30, 31. They were to be cut off.
4. From the description we have in the scripture of the nature of God's vindictive justice, v. 30. We know that he has said, Vengeance is mine. This is taken out of Ps. xciv. 1, Vengeance belongs unto me. The terrors of the Lord are known both by revelation and reason. Vindictive justice is a glorious, though terrible attribute of God; it belongs to him, and he will use and execute it upon the heads of such sinners as despise his grace; he will avenge himself, and his Son, and Spirit, and covenant, upon apostates. And how dreadful then will their case be! The other quotation is from Deut. xxxii. 36, The Lord will judge his people; he will search and try his visible church, and will discover and detect those who say they are Jews, and are not, but are of the synagogue of Satan; and he will separate the precious from the vile, and will punish the sinners in Zion with the greatest severity. Now those who know him who hath said, Vengeance belongeth to me, I will recompense, must needs conclude, as the apostle does (v. 31): It is a fearful thing to fall into the hands of the living God. Those who know the joy that results from the favour of God can thereby judge of the power and dread of his vindictive wrath. Observe here, What will be the eternal misery of impenitent sinners and apostates: they shall fall into the hands of the living God; their punishment shall come from God's own hand. He takes them into the hand of his justice; he will deal with them himself; their greatest misery will be the immediate impressions of divine wrath on the soul. When he punishes them by creatures, the instrument abates something of the force of the blow; but, when he does it by his own hand, it is infinite misery. This they shall have at God's hand, they shall lie down in sorrow; their destruction shall come from his glorious powerful presence; when they make their woeful bed in hell, they will find that God is there, and his presence will be their greatest terror and torment. And he is a living God; he lives for ever, and will punish for ever.
(2.) What they suffered: they endured a great fight of afflictions, many and various afflictions united together against them, and they had a great conflict with them. Many are the troubles of the righteous. [1.] They were afflicted in themselves. In their own persons; they were made gazing-stocks, spectacles to the world, angels, and men, 1 Cor. iv. 9. In their names and reputations (v. 33), by many reproaches. Christians ought to value their reputation; and they do so especially because the reputation of religion is concerned: this makes reproach a great affliction. They were afflicted in their estates, by the spoiling of their goods, by fines and forfeitures. [2.] They were afflicted in the afflictions of their brethren: Partly while you became companions of those that were so used. The Christian spirit is a sympathizing spirit, not a selfish spirit, but a compassionate spirit; it makes every Christian's suffering our own, puts us upon pitying others, visiting them, helping them, and pleading for them. Christians are one body, are animated by one spirit, have embarked in one common cause and interest, and are the children of that God who is afflicted in all the afflictions of his people. If one member of the body suffers, all the rest suffer with it. The apostle takes particular notice how they had sympathized with him (v. 34): You had compassion on me in my bonds. We must thankfully acknowledge the compassions our Christian friends have shown for us under our afflictions.
(3.) How they had suffered. They had been mightily supported under their former sufferings; they took their sufferings patiently, and not only so, but joyfully received it from God as a favour and honour conferred upon them that they should be thought worthy to suffer reproach for the name of Christ. God can strengthen his suffering people with all might in the inner man, to all patience and long-suffering, and that with joyfulness, Col. i. 11.
6. He presses them to persevere, from that recompense of reward that waited for all faithful Christians (v. 35): Cast not away therefore your confidence, which hath great recompense of reward. Here, (1.) He exhorts them not to cast away their confidence, that is, their holy courage and boldness, but to hold fast that profession for which they had suffered so much before, and borne those sufferings so well. (2.) He encourages them to this by assuring them that the reward of their holy confidence would be very great. It carries a present reward in it, in holy peace and joy, and much of God's presence and his power resting upon them; and it shall have a great recompense of reward hereafter. (3.) He shows them how necessary a grace the grace of patience is in our present state (v. 36): You have need of patience, that after you have done the will of God you might receive the promise; that is, this promised reward. Observe, The greatest part of the saints' happiness is in promise. They must first do the will of God before they receive the promise; and, after they have done the will of God, they have need of patience to wait for the time when the promise shall be fulfilled; they have need of patience to live till God calls them away. It is a trial of the patience of Christians, to be content to live after their work is done, and to stay for the reward till God's time to give it them is come. We must be God's waiting servants when we can be no longer his working servants. Those who have had and exercised much patience already must have and exercise more till they die. (4.) To help their patience, he assures them of the near approach of Christ's coming to deliver and to reward them (v. 37): For yet a little while, and he that shall come will come, and will not tarry. He will soon come to them at death, and put an end to all their sufferings, and give them a crown of life. He will soon come to judgment, and put an end to the sufferings of the whole church (all his mystical body), and give them an ample and glorious reward in the most public manner. There is an appointed time for both, and beyond that time he will not tarry, Hab. ii. 3. The Christian's present conflict may be sharp, but it will be soon over.
7. He presses them to perseverance, by telling them that this is their distinguishing character and will be their happiness; whereas apostasy is the reproach, and will be the ruin, of all who are guilty of it (v. 38, 39): Now the just shall live by faith, &c. (1.) It is the honourable character of just men that in times of the greatest affliction they can live by faith; they can live upon the assured persuasion they have of the truth of God's promises. Faith puts life and vigour into them. They can trust God, and live upon him, and wait his time: and, as their faith maintains their spiritual life now, it shall be crowned with eternal life hereafter. (2.) Apostasy is the mark and the brand of those in whom God takes no pleasure; and it is a cause of God's severe displeasure and anger. God never was pleased with the formal profession and external duties and services of such as do not persevere. He saw the hypocrisy of their hearts then; and he is greatly provoked when their formality in religion ends in an open apostasy from religion. He beholds them with great displeasure; they are an offence to him. (3.) The apostle concludes with declaring his good hope concerning himself and these Hebrews, that they should not forfeit the character and happiness of the just, and fall under the brand and misery of the wicked (v. 39): But we are not, &c.; as if he had said, "I hope we are not of those who draw back. I hope that you and I, who have met with great trials already, and have been supported under them by the grace of God strengthening our faith, shall not be at any time left to ourselves to draw back to perdition; but that God will still keep us by his mighty power through faith unto salvation." Observe, [1.] Professors may go a great way, and after all draw back; and this drawing back from God is drawing on to perdition: the further we depart from God the nearer we approach to ruin. [2.] Those who have been kept faithful in great trials for the time past have reason to hope that the same grace will be sufficient to help them still to live by faith, till they receive the end of their faith and patience, even the salvation of their souls. If we live by faith, and die in faith, our souls will be safe for ever.

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COMMONWEALTH vs. ROBERT J. RILEY.
Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & WHITTEMORE, JJ.
COMPLAINT, received and sworn to in the First District Court of Barnstable on November 8, 1954.
On appeal to the Superior Court, certain matters stated in the opinion were heard by Gadsby, J., a District Court judge sitting under statutory authority.
James H. Flanagan, for the defendant.
John P. Sylvia, Jr., Assistant District Attorney, for the Commonwealth.
WHITTEMORE, J. Prior to the trial of the defendant in the Superior Court, the presiding judge, acting under G. L. (Ter. Ed.) c. 278, Section 30A, inserted by St. 1954, c. 528, reported to this court certain questions of law.
The defendant appealed to the Superior Court from a judgment of the First District Court of Barnstable finding him guilty of operating a motor vehicle negligently so that the lives or safety of the public might be endangered.
Before filing a general plea of not guilty in the Superior Court the defendant filed a motion to quash and a plea in abatement, each grounded on the allegations (1) that the District Court judge had refused him the right through counsel to cross-examine witnesses at the hearing on the issuance of process on the complaint -- a right alleged to be given by G. L. (Ter. Ed.) c. 218, Section 35A, as appearing in St. 1945, c. 293, and the Constitutions of the Commonwealth and the United States -- and (2) that the judge who had ordered the issuance of process refused to disqualify himself from hearing the case.
The judge in the Superior Court denied the motion and overruled the plea. His action was grounded on the principle that the general plea of not guilty in the District Court admitted the genuineness of the complaint and he ruled that the points had been waived.
to cross-examine witnesses. This statute means only what it says, namely, "the person against whom such complaint is made, shall . . . upon request in writing, seasonably made, be given an opportunity to be heard personally or by counsel in opposition to the issuance of any process based on such complaint." The statute, first enacted in 1943 in permissive form, gave a statutory basis for a practice sometimes theretofore followed by the judge or clerk of allowing the attorney for the prospective defendant to state relevant circumstances which might be thought to bear on the propriety of the issuance of process.
The motion and the plea asserted that the defendant and his counsel were present at the hearing on the issuance of process. There is no claim that they were denied an opportunity to be heard otherwise than by the denial of permission to cross-examine witnesses. The defendant cites G. L. (Ter. Ed.) c. 276, Section 38, [Note p416-1] in support of his point and no other statute and no constitutional provision. The cited statute does not apply to a hearing on the issuance of process on a complaint. The context of this section confirms that it is referring to proceedings after process has issued for the apprehension of persons charged with crime. G. L. (Ter. Ed.) c. 276, Sections 21-42. See Commonwealth v. Dillane, 11 Gray 67, 71.
The defendant cites no authority to support his point that the District Court judge was disqualified. There is nothing in this.
guilty in the District Court. See Lebowitch, petitioner, 235 Mass. 357, 363; Commonwealth v. Homer, 235 Mass. 526, 537; Commonwealth v. Lombardo, 271 Mass. 41, 44; Commonwealth v. Ventura, 294 Mass. 113, 120. This was not in the nature of a formal defect apparent on the face of the process, objection to which is raised by a motion to quash, or a demurrer. G. L. (Ter. Ed.) c. 278, Section 17. It may be noted, however, that such formal defects also must be raised before judgment is rendered by the District Court or trial justice and may not be taken for the first time in the Superior Court. Commonwealth v. Markarian, 250 Mass. 211, 213. Commonwealth v. Moscatiello, 257 Mass. 260.
The oral request at the hearing on the issuance of process was of course not the equivalent of an appropriate plea, filed in the District Court after process issued and before the general plea of not guilty. There is nothing in the suggestion that a written plea would have been abortive because the trial judge also presided at the hearing on the issuance of process.
Denial of motion to quash and overruling of plea in abatement affirmed.
[Note p415-1] "If a complaint for a misdemeanor is received by a district court, or by a justice, associate justice or special justice thereof, or by a clerk, assistant clerk, temporary clerk or temporary assistant clerk thereof under section thirty-two, thirty-three or thirty-five, as the case may be, the person against whom such complaint is made, shall, if not under arrest for the offence for which the complaint is made, upon request in writing, seasonably made, be given an opportunity to be heard personally or by counsel in opposition to the issuance of any process based on such complaint." As first enacted (St. 1943, c. 349, Section 1) there was a second sentence reading, "Failure to permit such person to be present and heard as aforesaid shall not invalidate any process issued thereon." Also the first sentence did not contain the words "for a misdemeanor" or "associate justice," and the verb was, "may," not "shall."
[Note p416-1] "The court or justice before whom a person is taken upon a charge of crime shall, as soon as may be, examine on oath the complainant and the witnesses for the prosecution, in the presence of the defendant, relative to any material matter connected with such charge. After the testimony to support the prosecution, the witnesses for the prisoner, if any, shall be examined on oath, and he may be assisted by counsel in such examination and in the cross examination of the witnesses in support of the prosecution."

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