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35-7-7
Section 35-7-7 Action to recover costs and expenses. If one joint owner or tenant in common
of a partition fence, after 10 days' notice from other joint owners or tenants in common of
such partition fence to assist or join with them in the erection of a partition fence, shall
fail or refuse to assist in the erection, repair, or maintaining, and fail or refuse to pay
his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining
such fence, he shall be liable to the other joint owners or tenants in common of such fence
for his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining
such fence, to be recovered in any court having jurisdiction of such action. In all such trials,
however, the propriety, necessity, as well as the amount for erecting, repairing, and maintaining
shall be questions for the determination of the court or jury trying the case; the object
and purpose of the law being that each joint owner or tenant...
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45-20-82.20
Section 45-20-82.20 Clerk-secretary. (a) The District Attorney of the Twenty-second Judicial
Circuit is authorized to provide a clerk-secretary to attend all grand jury sessions in the
circuit at the request of the grand juries. The clerk-secretary shall perform such clerical
and secretarial duties as the grand juries and district attorney may prescribe and shall transcribe
the testimony and other matters being brought before the grand jury. (b) Either the secretary,
administrative assistant, or trial coordinator in the district attorney's office shall be
designated as the clerk-secretary by the district attorney. When directed by the district
attorney for such circuit, the clerk-secretary shall attend in person, except as otherwise
provided, the sessions of each grand jury held in such circuit and in every manner or proceeding
before such grand jury take stenographic notes of the oral testimony and proceedings and note
the order in which all documentary evidence is introduced. (c)...
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45-24A-32.05
Section 45-24A-32.05 Jurisdiction of court; adjudicative hearing; liability; evidence and procedure.
(a) The municipal court is vested with the power and jurisdiction to hear and adjudicate the
civil violations provided for in this part, and to issue orders imposing the civil penalties
and costs set out in this part. (b) A person who receives a notice of violation may contest
the imposition of the civil penalty by submitting a request for a hearing on the adjudication
of the civil violation, in writing, within 15 days of the 10th day after the date the notice
of violation is mailed. Upon receipt of a timely request, the city shall notify the person
of the date and time of the adjudicative hearing. (c) Failure to pay a civil penalty or to
contest liability in a timely manner is an admission of liability in the full amount of the
civil penalty assessed in the notice of violation. (d) The civil penalty and court costs shall
not be assessed if, after a hearing, the municipal court judge...
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45-41A-41.05
Section 45-41A-41.05 Power and jurisdiction of municipal court; contesting liability; fines
and costs; affirmative defenses. (a) The Opelika Municipal Court is vested with the power
and jurisdiction to hear and adjudicate the civil violations provided for in this part, and
to issue orders imposing the civil fines and costs set out in this part. (b) A person who
receives a violation may contest the imposition of the civil fine by submitting a request
for a hearing on the adjudication of the civil violation, in writing, within 15 days of the
10th day after the date the notice of violation is mailed. Upon receipt of a timely request,
the city shall notify the person of the date and time of the adjudicative hearing. (c) Failure
to pay a civil penalty or to contest liability in a timely manner is an admission of liability
in the full amount of the civil fine assessed in the notice of violation. (d) The civil fine
and court costs shall not be assessed if, after a hearing, the Opelika...
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6-5-4
Section 6-5-4 Recovery of public moneys, funds or property. (a) The Governor may cause actions
to be commenced for the recovery of any public moneys, funds, or property of the state or
of any county which have been lost by the neglect or default of any public officer, which
have been wrongfully expended or disbursed by such officer, which have been wrongfully used
by such officer, or which have been wrongfully received from him. (b) In the event any public
officer or agent of the state or any depositary or custodian of public funds or moneys has
wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before
any court having jurisdiction of the subject matter; and it shall not be ground of objection
to such an action that either, any, or all of the parties defendant do not reside within the
county or within the district in which such action is commenced. (c) Such action may be commenced
in any court of competent jurisdiction; and such officer or agent,...
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11-47-69
Section 11-47-69 Care, etc., of lands, etc., in which remains reinterred. Whenever any cemetery
corporation or association having a board of directors or other governing body shall have
caused the removal from any cemetery or part thereof owned by it or under its charge or control
the human remains therein interred and said cemetery corporation or association shall have
funds in its treasury which are not required for other purposes of said corporation, said
corporation shall have power to set aside, invest, use, and apply from such unexpended funds
such sum as, in the judgment of the directors of said corporation, shall be necessary or expedient
to provide for the perpetual or other care or improvement of any lands or mausoleum or columbarium
or part thereof in which said remains may be reinterred or deposited; provided, however, that
in lieu of itself investing, using or applying said funds for the purposes in this section
specified, said cemetery corporation may transfer said funds...
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12-20-29
Section 12-20-29 Substitution of lost, etc., papers or records in civil cases - How made -
After determination of action or proceeding. If, after the determination of any civil action
or proceeding, the original papers, or any part thereof pertaining thereto, which are not
of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such
papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or
decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should
be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing,
stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed
or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the
adverse party is of full age, of sound mind and a resident of the state, notice of the application
and a copy thereof, accompanied with a copy of the proposed...
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13A-11-161
Section 13A-11-161 Publication of certain documents considered privileged. The publication
of a fair and impartial report of the return of any indictment, the issuance of any warrant,
the arrest of any person for any cause or the filing of any affidavit, pleading or other document
in any criminal or civil proceeding in any court, or of a fair and impartial report of the
contents thereof, or of any charge of crime made to any judicial officer or body, or of any
report of any grand jury, or of any investigation made by any legislative committee, or other
public body or officer, shall be privileged, unless it be proved that the same was published
with actual malice, or that the defendant has refused or neglected to publish in the same
manner in which the publication complained of appeared, a reasonable explanation or contradiction
thereof by the plaintiff, or that the publisher has refused upon the written request of the
plaintiff to publish the subsequent determination of such suit,...
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19-3-37
Section 19-3-37 Examination and auditing of account; judgment. Upon the day so appointed, or
any day to which the hearing may be continued, the register or clerk must proceed to examine
and audit the account; and upon such auditing, the assignor or any creditor or party in interest,
his representative or transferee, may move the register or clerk to charge the trustee with
sums other than those with which he has charged himself, or may object to the allowance of
any item for which he claims credit; and such matters must be heard and the account stated
and passed upon by the register or clerk and distribution made and judgment to creditors as
in insolvent estates administered in the court of probate; and after deducting the costs and
expenses of administration, including five percent commissions to the trustee on the amount
of money with which he is charged, and the allowance of reasonable charges for the preparation
of the deed of assignment, and after the discharge of all liens or...
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37-2-88
Section 37-2-88 Railroad drawbridges. (a) All steamboats approaching, with the intention of
passing through, any railroad drawbridge, when about three miles, and again when about two
miles, and again when about one mile, and again when about half a mile therefrom, must give,
as signals, three loud and distinct sounds of the whistle; and any steamboat attempting to
go through such draw without giving such signals shall forfeit $500.00, one half to the informer,
and the other half to the county or counties in which the bridge is situated. (b) Any railroad
company owning, or agent having supervision over, or management or control of, any such drawbridge,
shall upon signal being given, as provided in subsection (a) of this section, proceed at once
to open, or cause to be opened, the draw of such bridge for the passage of such steamboat;
and on failing to open such draw immediately upon signal being given, without lawful excuse
therefor, such company and agent shall forfeit to the use of...
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