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12-21-99
Section 12-21-99 Recitals in sheriff's deed. The recitals in a sheriff's deed of a judgment,
an execution, a levy and a sale thereunder, or of any one or more of such facts or proceedings,
shall be prima facie evidence of the fact or proceeding recited. Such sheriff's deed, when
properly executed, shall be received in evidence without independent proof of such fact or
proceeding recited. (Acts 1923, No. 476, p. 629; Code 1923, §7706; Code 1940, T. 7, §419.)...
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34-8A-16
Section 34-8A-16 Disciplinary actions; discovery. (a) The board by a majority of the board
members present and voting is authorized to withhold, deny, revoke, or suspend, any license
or certificate issued or applied for in accordance with this chapter or otherwise discipline
a licensed professional counselor or associate licensed counselor upon proof by proper hearing
that the applicant, licensed professional counselor, or associate licensed counselor: (1)
Has been convicted, within or without the jurisdiction of this state, of a felony, or any
offense involving moral turpitude, the record of conviction being conclusive evidence thereof.
(2) Has violated the current code of ethics adopted by the board. (3) Is using any narcotic
or any alcoholic beverage to an extent or in a manner dangerous to any other person or the
public, or to an extent that it impairs his or her ability to perform the work of a licensed
professional counselor or associate licensed counselor with safety to the...
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25-5-8
Section 25-5-8 Employers' options to secure payment of compensation. (a) Option to insure risks.
An employer subject to this chapter may secure the payment of compensation under this chapter
by insuring and keeping insured his or her liability in some insurance corporation, association,
organization, insurance association, corporation, or association formed of employers and workers
or formed by a group of employers to insure the risks under this chapter, operating by mutual
assessment or other plans or otherwise. Notwithstanding the foregoing, the insurance association,
organization, or corporation shall have first had its contract and plan of business approved
in writing by the Commissioner of the Department of Insurance of Alabama and have been authorized
by the Department of Insurance to transact the business of workers' compensation insurance
in this state and under the plan. Notwithstanding any other provision of the law to the contrary,
the obligations of employers under law for...
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37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
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6-9-97
Section 6-9-97 Return - Sheriff of another county. The return of an execution or other process
by a sheriff of a county other than that from which the process issued may be made through
the postal service, and the certificate of the postmaster that it was placed in his office
in time, by the usual course of mail, to reach the courthouse of the county where the return
has to be made, by the return day of the writ, shall be presumptive evidence for the sheriff
of the fact, but the sheriff is not authorized to send money by the mail without the consent
of the plaintiff in execution. (Code 1852, §2440; Code 1867, §2855; Code 1876, §3193; Code
1886, §2902; Code 1896, §1900; Code 1907, §4102; Code 1923, §7817; Code 1940, T. 7, §529.)...
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6-6-682
Section 6-6-682 Judgment in favor of clerk of appellate court; copy of execution and certification
of clerk as evidence. (a) Judgment must, in like manner, be entered in favor of the clerk
of an appellate court against the sheriff or coroner, on three days' notice: (1) For failure
to return an execution from that court; (2) For making a false return thereon; (3) For failing
to make the money thereon when by due diligence it could have been made; or (4) For failing
on demand to pay over money collected on execution, for the penalties prescribed in this division
for the same defaults on executions issued from the circuit court. (b) On the trial of the
motion by such clerk, a copy of the execution made and certified by him with the return thereon,
if any was made, or a statement that no return was made, if such be the fact, together with
his certificate that the execution was received by the sheriff or sent to him by mail is evidence
of the facts so certified, without producing a...
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2-3A-13
Section 2-3A-13 Freedom of authority from state supervision and control; applicability of code
of ethics. (a) This article is intended to aid the state through the furtherance of the purposes
of the article by providing an appropriate and independent instrumentality of the state with
full and adequate powers to fulfill its functions. Except as expressly provided in this article,
no proceeding, notice or approval shall be required for the incorporation of the authority,
the purchase of any note or other instrument secured by a mortgage, deed of trust, note or
other security interest, the issuance of any bonds, the execution of any mortgage and deed
of trust or trust indenture, or the exercise of any other of its powers by the authority.
Neither a public hearing nor the consent of the state Department of Finance shall be prerequisite
to the issuance of bonds by the authority. (b) The directors, the officers and employees of
the authority shall be subject to Chapter 25 of Title 36 and to...
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