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6-6-2
Section 6-6-2 Reference of controversy when no action pending to arbitrators. When no action
is pending, the parties to any controversy may refer the determination thereof to the decision
of arbitrators to be chosen by themselves, and the award made pursuant to the provisions of
this division must be entered up as the judgment of the proper court if the award is not performed.
(Code 1852, §2710; Code 1867, §3149; Code 1876, §3537; Code 1886, §3222; Code 1896, §509;
Code 1907, §2909; Code 1923, §6157; Code 1940, T. 7, §830.)...
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8-3-41
Section 8-3-41 Issuance of execution on judgment paid by surety; collection of money from principal
debtor or cosureties. (a) If a judgment is entered by any court against a principal debtor
and his surety, or against his sureties, and one or more of his sureties shall pay and satisfy
the judgment, the same shall be thereby transferred and assigned by operation of law to the
surety or sureties paying and satisfying it, who shall have all the liens and equities of
such judgment and of the debt or claim on which the same is founded which the creditor therein
had. (b) The surety, on making affidavit of his suretyship and of his having paid the judgment
and filing the affidavit and any evidence of such payment that he may hold with the officer
authorized to issue execution on the judgment to whom he may apply for execution, shall be
entitled to have execution issued on the judgment in the name of the plaintiff or complainant
for his use or in his own name against the other defendants...
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11-57-20
Section 11-57-20 Remedies upon default on bonds, lease agreements, etc. (a) In event of default
on the bonds. If there should be any default in the payment of the principal of or interest
on any bonds issued under this chapter, then the holder of any of the bonds and of any of
the interest coupons applicable thereto and the trustee under any indenture, or any one or
more of them, may by mandamus, injunction or other proceedings compel performance of all duties
of the officers and directors of the authority with respect to the use of funds for the payment
of the bonds and for the performance of the agreements of the authority contained in the proceedings
under which they were issued, shall be entitled to a judgment against the authority for the
principal of and interest on the bonds so in default and, regardless of the sufficiency of
the security for the bonds in default and as a matter of right, shall be entitled to the appointment
of a receiver to make lease agreements respecting the...
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11-81-19
Section 11-81-19 Investment of sinking funds generally; reports as to investment or deposit
of sinking funds; contracts for purchase of savings certificates. All sinking funds provided
for the retirement of bonds shall be invested in bonds of such subdivision or in bonds of
the United States or in bonds of the State of Alabama or in bonds of any county in the State
of Alabama or any municipal corporation of the State of Alabama, or deposited in a bank on
interest; provided, however, that the proceedings authorizing any funding or refunding bonds
may prohibit the investment of the sinking fund for such bonds and require that such sinking
fund shall be used exclusively in the purchase for retirement or in the redemption of such
funding or refunding bonds. All sinking funds created by resolutions or ordinance heretofore
adopted must be properly set aside each year in accordance with the resolution or ordinance
providing for the same and a report made thereof and filed with the clerk of...
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12-17-94
Section 12-17-94 Duties generally. (a) The duties of the clerks of the circuit court include
all of the following: (1) To sign and issue all summons, subpoenas, writs, executions, and
other processes, under the authority of the court. (2) To keep a consolidated docket sheet
of civil and criminal cases, the names of the parties, the character of action or offense,
the names of the attorneys and the sheriff's return, which shall be entered in all civil and
criminal cases standing for trial, in the order in which they are brought, and the bench notes,
orders, rulings on motions and pleadings, other preliminary matters and final judgment which
have been made in each case by the judge, which shall be the official minutes. (3) To keep
all papers, books, dockets, and records belonging to their office with care and security,
with the papers filed, arranged, numbered, and labeled, so as to be of easy reference, and
the books, dockets and records properly lettered. Parties shall be allowed to...
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12-19-26
Section 12-19-26 Administrative fee for periodic payments; payment to General Fund; notice
of fee. (a) There is hereby imposed an administrative fee of $1.00 to be collected by the
clerks of the circuit and district courts and the registers of the circuit courts for the
receipt and disbursement of each periodic payment made to their offices under any order, decree
or judgment of the circuit or district court which provides for periodic and continuing payments
of alimony, child support, or court-ordered restitution, except for payments received from
a responding state pursuant to Sections 30-4-80 through 30-4-98. Said fee shall be collected
from the individual responsible for the periodic payments at the time each payment is receipted
through the office of the clerk or register, whether such payment is collected for the benefit
of a private individual or the state, including any department or agency thereof and whether
the duty to collect such payments is imposed upon the clerk or...
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13A-6-141
Section 13A-6-141 Definitions. As used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise: (1) DOMESTIC
VIOLENCE PROTECTION ORDER. A domestic violence protection order is any protection from abuse
order issued pursuant to the Protection from Abuse Act, Sections 30-5-1 to 30-5-11, inclusive.
The term includes the following: a. A restraining order, injunctive order, or order of release
from custody which has been issued in a circuit, district, municipal, or juvenile court in
a domestic relations or family violence case; b. An order issued by municipal, district, or
circuit court which places conditions on the pre-trial release on defendants in criminal cases,
including provisions of bail pursuant to Section 15-13-190; c. An order issued by another
state or territory which may be enforced under Sections 30-5B-1 through 30-5B-10. Restraining
or protection orders not issued pursuant to the Protection From...
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15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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15-2-20
Section 15-2-20 Application; appeal from denial; when defendant's personal presence unnecessary.
(a) Any person charged with an indictable offense may have his trial removed to another county,
on making application to the court, setting forth specifically the reasons why he cannot have
a fair and impartial trial in the county in which the indictment is found. The application
must be sworn to by him and must be made as early as practicable before the trial, or it may
be made after conviction upon a new trial being granted. (b) The refusal of such application
may, after final judgment, be reviewed and revised on appeal, and the Supreme Court or Court
of Criminal Appeals shall reverse and remand or enter such judgment on the application as
it may deem right without any presumption in favor of the judgment or ruling of the lower
court on such application. (c) If the defendant is in confinement, the application may be
heard and determined without the personal presence of the defendant in...
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15-23-82
Section 15-23-82 Clerk of court to accept and disburse restitution. The clerk of the court
is authorized and shall accept partial payments from defendants when directed to do so by
the court, pursuant to the conditions in Section 12-19-26. The clerk of the court shall disburse
restitution to victims or the authorized recipient, including partial periodic payments as
ordered under any judgment, decree, or order of the circuit or district court, pursuant to
Section 15-18-65 et seq. The disbursements shall be made to the victims or the authorized
recipient no later than the time provided in Rule 4, Alabama Rules of Judicial Administration.
The clerk of the court shall, at the end of each month, provide to the district attorney and
probation office a list of the names of defendants who are delinquent in their restitution
payments under a court-approved installment plan or any other deferred-payment time period
specified by the court in its sentencing order. (Acts 1995, No. 95-583, p. 1234,...
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