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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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22-21-150
Section 22-21-150 Bonds - Default. (a) In event of default on bonds. If there should be any
default in the payment of the principal of, or interest on, any bonds issued under this article,
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: (1) 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;
(2) Shall be entitled to a judgment against the authority for the principal of, and interest
on, the bonds so in default; and (3) 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:
a. To make lease agreements respecting the project out of...
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34-11-15
Section 34-11-15 Violations; penalties. (a) Any person who practices, offers to practice, or
holds himself or herself out as qualified to practice engineering or land surveying in this
state or uses in connection with his or her name or otherwise assumes, uses, or advertises
any title or description including, but not limited to, the term engineer, engineers, engineering,
or professional engineer, professional engineers, or professional engineering, or land surveyor,
land surveyors, land surveying, or professional land surveyor, professional land surveyors,
or professional land surveying, without being licensed or exempted in accordance with this
chapter, or any person presenting or attempting to use as his or her own the certificate of
licensure or the seal or facsimile thereof of another, or permitting his or her own certificate
of licensure, seal or facsimile thereof to be used by another person, or any person who gives
any false or forged evidence of any kind to the board or to any...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either
party may remove the same to another county by proceeding as is required in civil actions
in the circuit court; and when an order for the removal of the trial of such contest is made,
the judge of probate must transmit the will, subpoenas and all other papers belonging, and
a transcript of all the entries of record relating thereto, to the judge of the probate court
of the county to which the trial is ordered to be removed. Such judge of probate must proceed
to try the case in the same manner as prescribed for the judge of probate of the county from
which it has been removed. (b) If the judgment is rendered in the probate court to which it
has been removed, and no appeal is taken within 30 days thereafter, such judgment must be
certified by the judge of such probate court, and the will and other papers be returned to
the probate court from which the trial was removed; and the will must be...
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6-3-2
Section 6-3-2 Venue of actions - Against individuals. (a) In proceedings of a legal nature
against individuals: (1) All actions for the recovery of land, of the possession thereof,
or for a trespass thereto must be commenced in the county where the land or a material part
thereof lies. (2) All actions on contracts, except as may be otherwise provided, must be commenced
in the county in which the defendant or one of the defendants resides if such defendant has
within the state a permanent residence. (3) All other personal actions, if the defendant or
one of the defendants has within the state a permanent residence, may be commenced in the
county of such residence or in the county in which the act or omission complained of may have
been done or may have occurred. (b) In proceedings of an equitable nature against individuals:
(1) All actions where real estate is the subject matter of the action, whether it is the exclusive
subject matter of the action or not, must be commenced in the...
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7-9A-601
Section 7-9A-601 Rights after default; judicial enforcement; consignor or buyer of accounts,
chattel paper, payment intangibles, or promissory notes. (a) Rights of secured party after
default. After default, a secured party has the rights provided in this part and, except as
otherwise provided in Section 7-9A-602, those provided by agreement of the parties. A secured
party: (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security
interest, or agricultural lien by any available judicial procedure; and (2) if the collateral
is documents, may proceed either as to the documents or as to the goods they cover. (b) Rights
and duties of secured party in possession or control. A secured party in possession of collateral
or control of collateral under Section 7-7-106, 7-9A-104, 7-9A-105, 7-9A-106, or 7-9A-107
has the rights and duties provided in Section 7-9A-207. (c) Rights cumulative; simultaneous
exercise. The rights under subsections (a) and (b) are cumulative...
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9-12-8
Section 9-12-8 Proceedings as to violations of chapter - Procedure for sale of condemned boats,
etc.; disposition of proceeds. If the judgment is not stayed by the execution of bond as aforesaid,
the sheriff must, after the expiration of 10 days, advertise and sell the boat or vessel,
her tackle, etc., in the same manner as the sales under execution and, after deducting all
necessary expenses of the seizure and costs of sale, of which he shall render an account on
oath, pay the residue to the county treasurer of the county in which the seizure is made,
who may allow him 10 percent thereon for his trouble. The money thus received by the treasurer
must be held for the same purpose as that arising from fines and forfeitures. (Code 1852,
§1127; Code 1867, §1307; Code 1876, §1615; Code 1886, §4726; Code 1896, §5581; Code 1907,
§7502; Code 1923, §5110; Code 1940, T. 8, §171.)...
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15-21-20
Section 15-21-20 Contesting of return; examination into imprisonment or detention; disposition
of detainee on adjournment of examination; forfeiture of bail. (a) The party on whose behalf
a writ of habeas corpus is sued out may deny any of the facts stated in the return and allege
any other facts which may be material in the case. (b) In a summary way, the court or judge
may examine into the cause of the imprisonment or detention, may hear the evidence adduced
and may adjourn the examination from time to time as the circumstances of the case may require
and, in the meantime, remand the party or commit him to the custody of the sheriff of the
county or place him under such other custody as his age or other circumstances may require,
or, if the character of the charge authorizes it, take bail from him in a sufficient amount
for his appearance from day to day until judgment is given. (c) If the party fails to appear,
as required by his undertaking, an entry of forfeiture must be endorsed...
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15-8-131
Section 15-8-131 Preferring of new indictment where judgment arrested or original indictment
quashed; entry of record. When a judgment is arrested or an indictment quashed on account
of any defects therein, because it was not found by a grand jury regularly organized, because
it charged no offense or for any other cause, the court may order another indictment to be
preferred for the offense charged or intended to be charged, and in such case, an entry of
record must be made setting forth the facts. (Code 1852, §596; Code 1867, §4146; Code 1876,
§4819; Code 1886, §4394; Code 1896, §4922; Code 1907, §7160; Code 1923, §4555; Code 1940,
T. 15, §258.)...
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