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34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery Fund for
the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved
homeowner may recover actual economic damages, not including interest and court costs, sustained
within the state as the direct result of conduct of a licensee in violation of this chapter
or the rules of the board from the Homeowners' Recovery Fund. Any payments from the Homeowners'
Recovery Fund shall be subject to the following limitations and conditions: (1) The Homeowners'
Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant
to the requirements of subsection (b) of Section 34-14A-8. (2) The Homeowners' Recovery Fund
shall not make payments based on consent judgments. (3) Failure of the homeowner to follow
any provisions of this chapter shall preclude payment from the Homeowners' Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of...
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8-19A-19
Section 8-19A-19 Attorney's fees and costs. (a) In any civil action or investigation resulting
from a transaction involving a violation of this chapter, except as provided in subsection
(c), the division shall receive reasonable attorney's fees and costs from the nonprevailing
party. The amounts appropriated for those purposes in this chapter are in addition to all
monies heretofore and hereafter appropriated in any special or general appropriation act to
the Attorney General's Special Revenue Account which is a revolving fund in which the Attorney
General is authorized to make deposits and withdrawals from time to time so that the account
operates on a revolving basis for expenditure for administration and future civil and criminal
investigation and prosecution, and all balances of revenue, income, and receipts remaining
at the end of the fiscal year shall carry over to the next fiscal year and shall not revert
to the State General Fund or any other fund under Section 41-4-93. (b) Any...
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11-41-6
Section 11-41-6 Report of election result to probate judge; issuance and recordation of order
approving report and election result; vacancies; setting aside, etc., of elections; record
and costs of incorporation proceedings and elections. Within five days after such election,
inspectors shall report the result of the election to the judge of probate, who may enter
an order confirming and approving the election and report, and, in that event, the officers
shown by such report to have been elected shall, upon the recording of such order, be entitled
to hold office until the next general municipal election and until their successors are elected
and qualified. If any person fails to qualify within 30 days after he shall have been declared
elected, the judge of probate may appoint some person to fill such vacancy. The judge of probate
may, for fraud or material irregularities, set either of such elections aside and order another
election in like manner to be held by the same or other...
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12-19-91
Section 12-19-91 Clerks of Supreme Court or courts of appeals. (a) The clerks of the courts
of appeal shall be entitled to receive the following fees for the following services, to be
paid to the treasurer as provided in this article: (1) Docketing each case ..... $ .30 (2)
Entering each appearance, to include all attorneys appearing on the same side for the same
parties ..... .30 (3) Each bond ..... .50 (4) Each appeal ..... .50 (5) Each order ..... .50
(6) Each continuance ..... .25 (7) Each judgment ..... 1.00 (8) Each mandate or certificate
to the court below ..... 2.00 (9) Each writ in the nature of scire facias, certiorari, mandamus,
prohibition or other similar writ ..... 1.00 (10) Filing the same with return ..... .20 (11)
Each writ of execution ..... 1.00 (12) Taxing costs, copying and entering satisfaction .....
.85 (13) Copying opinions, record or paper, in his office, for each 100 words ..... .15 (14)
In each case an additional fee of ..... 4.00 (b) For petitions for...
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12-22-24
Section 12-22-24 Bond on appeal of order removing executor or administrator. (a) No appeal
can be taken from any order of the probate court removing an executor or administrator unless
the applicant gives either a cash bond or a bond with at least two good and sufficient sureties,
payable to the probate judge and in the amount fixed by him, not less than the amount of his
bond as executor or administrator, conditioned to prosecute the appeal to effect and, until
the same is decided, faithfully to discharge his duties as such executor or administrator.
(b) If such appeal is decided against the appellant, any cash bond posted or part thereof
may be ordered forfeited for costs, or, if other than a cash bond was given, execution for
costs may issue against him and the sureties on such bond, their names being certified with
the record to the appellate court. (c) Such bond also stands as security for the faithful
discharge of his duties as such executor or administrator, from the time the...
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35-7-4
Section 35-7-4 Ascertainment of amount to be paid upon failure of parties to agree. If the
parties cannot agree, on application by either to the district court in the county in which
such fence is, such court must issue an order in writing to three disinterested freeholders
of such county, not related to either of the parties, to examine such fence, and to ascertain
the amount to be paid to the owner erecting the same; and such freeholders, on a day to be
by them appointed, of which both parties must have notice, must examine such fence and report
to the court the proportionate amount to be paid to the person erecting the fence; and if
such amount is not paid within 10 days after such report, the court must issue execution therefor,
with costs, as provided in section 35-7-5, to be collected and returned as other executions.
(Code 1852, §1106; Code 1867, §1289; Code 1876, §1593; Code 1886, §1371; Code 1896, §2119;
Code 1907, §4248; Code 1923, §7978; Code 1940, T. 47, §253.)...
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37-1-83
Section 37-1-83 Investigation of unfair rates or inadequate service; who may file complaints;
continuance. Upon a complaint in writing made against any utility by any mercantile, agricultural
or manufacturing society, or by any body politic or municipal organization, or by any affected
person, that any rate, service regulation, classification, practice or service in effect or
proposed to be made effective is in any respect unfair, unreasonable, unjust or inadequate,
or unjustly discriminatory, or unduly preferential, or constitutes unfair competition, or
that the service is inadequate or cannot be obtained, the commission shall proceed, and without
such complaint, the commission, whenever it deems that the public interest so requires, may
proceed, after notice as provided in this division, to make such investigation as it may deem
necessary or appropriate; but no order affecting such rates, service regulation, classification,
practice, or service complained of shall be entered by the...
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6-5-160.3
Section 6-5-160.3 Standards of proof; remedies; enforcement. (a) A plaintiff is required by
a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
the nuisance. (b) If the existence of a nuisance is found, the judgment may include actual
damages and an injunction to restrain, abate, and prevent the continuance or recurrence of
the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief
deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment
or order. (c) The court may retain jurisdiction of the case for the purpose of enforcing its
orders. (d) If a nuisance is found, the court shall have additional power to fashion any one
or more of the following remedies: (1) Assess damages against the...
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12-19-54
Section 12-19-54 Proceedings for retaxation of excessive costs in probate courts. (a) If the
taxation of costs by a probate court is excessive by charging the costs of witnesses who were
not examined, by charging costs to an improper party or by taxing costs contrary to law, the
party aggrieved may move the court for a retaxation, setting forth the particulars in which
the clerk has erred. This section shall apply to costs taxed in probate courts in all cases
and proceedings where such courts have jurisdiction, and any aggrieved party to any case or
proceeding may move the circuit court in the county where such case or proceeding is pending
for a retaxation of such costs, setting forth the particulars wherein such probate court costs
were improperly taxed. Such motion may be heard on five days' notice to the officers or persons
claiming said fees or costs, and the same shall be passed on by the judge as other motions
are heard and passed upon. From a judgment or order refusing or...
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15-5-65
Section 15-5-65 Disposition of proceeds. (a) Unless by other agreement of the primary law enforcement
agency and the prosecutorial entity, the proceeds from any forfeiture shall be used, first,
for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses
of seizure, maintenance of or custody, advertising, prosecution, and court costs. The remaining
proceeds from the sale or distribution shall be awarded by the court pursuant to recommendation
of the prosecutorial entity on a pro rata share to the participating law enforcement agencies,
the prosecutorial entity that pursued the action, and as payment of restitution to any victims
of the underlying offense. Any proceeds from sales authorized by this section awarded by the
court to a county or municipal law enforcement agency shall be deposited into the respective
county or municipal general fund and made available to the appropriate law enforcement agency
upon requisition of the chief law enforcement...
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