5-19-5
Section 5-19-5 Acceptance of negotiable instruments as evidence of consumer debt. In a consumer
credit sale, the seller may not take as evidence of the obligation of the buyer, a negotiable
instrument other than (1) a check; or (2) a promise or order containing a statement, required
by applicable statutory or administrative law, to the effect that the rights of a holder or
transferee are subject to claims or defenses that the issuer could assert against the original
payee. A holder is not a holder in due course if the holder takes a negotiable instrument
with notice that it is issued in violation of this section. A holder in due course is not
subject to the liabilities prescribed in this chapter. (Acts 1971, No. 2052, p. 3290, §4;
Acts 1995, No. 95-668, p. 1381, §4; Acts 1996, No. 96-576, p. 887, §2.)...
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13A-9-13.3
Section 13A-9-13.3 Negotiating worthless negotiable instrument - Prima facie evidence of identity.
(a) In any prosecution or action under the provisions of Section 13A-9-13.1, a negotiable
instrument for which the information required in subsections (b) and (c) of this section is
available at the time of issuance shall constitute prima facie evidence of the identity of
the party issuing the negotiable instrument and that such person was a party authorized to
draw upon the named account. (b) To establish this prima facie evidence, the following information
regarding the identity of the party presenting the negotiable instrument shall be requested
by the party receiving such instrument: The presenter's name, residence address, and home
phone number. Such information may be provided by either of two methods: (1) It may be recorded
upon the negotiable instrument itself; or (2) The number of a check-cashing identification
card issued by the receiving party may be recorded on the negotiable...
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34-27-55
Section 34-27-55 Acts constituting violation of article - Failure to refund all payments; failure
to place all funds in escrow account. It shall be a violation of this article for a seller
of vacation time-sharing plans to: (1) Fail to refund any and all payments made by the buyer
under the contract and return any negotiable instrument, other than checks, executed by the
buyer in connection with the contract or services within 20 days after receipt of notice of
cancellation made pursuant to Section 34-27-53, if the buyer has not received any benefits
pursuant to the contract. (2) If the buyer has received any benefits pursuant to the contract,
fail to refund within 30 days after receipt of notification of cancellation made pursuant
to Section 34-27-53 or Section 34-27-54 any and all payments made by the buyer to the seller
which exceed a pro rata portion of the total price, taking into consideration the cost of
use of the time-share facilities at an average rental rate per unit for all...
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7-3-505
Section 7-3-505 Evidence of dishonor. (a) The following are admissible as evidence and create
a presumption of dishonor and of any notice of dishonor stated: (1) A document regular in
form as provided in subsection (b) which purports to be a protest; (2) A purported stamp or
writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating
that acceptance or payment has been refused unless reasons for the refusal are stated and
the reasons are not consistent with dishonor; (3) A book or record of the drawee, payor bank,
or collecting bank, kept in the usual course of business which shows dishonor, even if there
is no evidence of who made the entry. (b) A protest is a certificate of dishonor made by a
United States consul or vice consul, or a notary public or other person authorized to administer
oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory
to that person. The protest must identify the instrument and...
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7-3-310
Section 7-3-310 Effect of instrument on obligation for which taken. (a) Unless otherwise agreed,
if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation
is discharged to the same extent discharge would result if an amount of money equal to the
amount of the instrument were taken in payment of the obligation. Discharge of the obligation
does not affect any liability that the obligor may have as an indorser of the instrument.
(b) Unless otherwise agreed and except as provided in subsection (a), if a note or an uncertified
check is taken for an obligation, the obligation is suspended to the same extent the obligation
would be discharged if an amount of money equal to the amount of the instrument were taken,
and the following rules apply: (1) In the case of an uncertified check, suspension of the
obligation continues until dishonor of the check or until it is paid or certified. Payment
or certification of the check results in discharge of the...
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33-9-2
Section 33-9-2 Authorization; provisions. The Governor, on behalf of this state, is hereby
authorized to execute a compact, in substantially the form as provided hereinafter, with the
State of Mississippi: Article I. The purpose of this compact is to promote the development
of a deep draft harbor and terminal to be located on the continental shelf of the United States,
in the Gulf of Mexico, and to establish a joint interstate authority to assist in this effort.
Article II. The states which are parties to this compact (hereinafter referred to as "party
states") do hereby establish and create a joint agency which shall be known as the Ameraport
Deep Draft Harbor and Terminal Authority (hereinafter referred to as the "authority").
The membership of which authority shall consist of the Governor of each party state and five
other citizens of each party state, to be appointed by the Governor thereof. Each appointive
member of the authority shall be a citizen of that state who is interested...
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13A-8-142
Section 13A-8-142 Written demand for return of leased property; form of notice. For the purposes
of Section 13A-8-141 of this article: (1) A written demand for the return of leased property
may be made by personally delivering a copy thereof to the lessee; such demand may also be
delivered to a lessee by certified United States mail, directed to lessee at his address shown
on the rental contract, and the return receipt shall be deemed sufficient evidence that the
demand was received by the lessee, on the date shown on the receipt. (2) The form of notice
to be given under subdivision (1) of Section 13A-8-141 shall be sufficient if substantially
as follows: "This statutory notice is provided pursuant to Section _____ of the Code
of Alabama. You are hereby notified that the name or address given by you, as lessee, and
appearing on the rental contract dated _____, wherein _____ is the lessor, was fictitious
or false. Pursuant to Alabama law you have seven (7) days from receipt of this...
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45-35A-52.12
Section 45-35A-52.12 Notice of bond resolution. (a) Upon the adoption by the board of the authority
of any resolution providing for the issuance of bonds, such authority, in its discretion,
may cause to be published once a week for two consecutive weeks, in a newspaper published
or having a general circulation in the city, a notice in substantially the following form
the blanks being properly filled in, at the end of which shall be printed the name and title
of either the chair or secretary of such authority: "The Dothan Downtown Development
Authority, a public corporation under the laws of the State of Alabama, on the ____ day of
___, authorized the issuance of $_____ principal amount of bonds of the public corporation
for purposes authorized in Act 82-303, 1982 Regular Session (Acts 1982, p. 393). Any action
or proceeding questioning the validity of the bonds, or the pledge and the mortgage and deed
of trust or trust indenture to secure the same, or the proceedings authorizing...
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11-22-11
Section 11-22-11 Bond issues - Notice of authorization of issuance; contesting of validity.
Upon the adoption by the board of directors of any resolution providing for the issuance of
bonds, the corporation may, in its discretion, cause to be published once a week for two consecutive
weeks, in a newspaper published in the county, a notice in substantially the following form
(the blanks being properly filled in) at the end of which shall be printed the name and title
of either the chairman or secretary of the corporation: "_____, a public corporation
under the laws of the State of Alabama, on the ____ day of _____, authorized the issuance
of $_____ principal amount of revenue bonds of the said corporation for purposes authorized
in the act of the Legislature of Alabama under which the said corporation was organized. Any
action or proceeding questioning the validity of the said bonds, or the pledge and mortgage
or deed of trust to secure the same, or the proceedings authorizing the same,...
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41-10-142
Section 41-10-142 Bonds - Issuance; form, terms, denominations, etc.; sale; refunding bonds;
negotiable; security for payment. All bonds issued by an authority may be executed by such
officers of the authority and in such manner as shall be provided in the proceedings of the
board whereunder the bonds shall be authorized to be issued. Any such bonds may be executed
and delivered by an authority at any time and from time to time, shall be in such form and
denominations and of such tenor and maturities, shall contain such provisions not inconsistent
with the provisions of this article and shall bear such rate or rates of interest, payable
and evidenced in such manner as may be provided by resolution of its board. Bonds of an authority
may be sold at either public or private sale in such manner and at such price or prices and
at such time or times as may be determined by the board to be most advantageous. The principal
of or interest on any bonds issued or obligations assumed by an...
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