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6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for
remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property
as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit,
obtaining a judgment, or collecting that judgment under this article. (b) The fact that a
merchant may bring a civil action against an individual as provided in this article shall
not limit the right of the merchant to demand, in writing as set out in subsection (c) below,
that a person who is liable for damages and penalties under this article remit the damages
and penalties prior to the consideration of the commencement of any legal action. (c) The
demand letter must be prepared and include the following: On (insert date), you were apprehended
for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of...
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8-19-8
Section 8-19-8 Restraining orders. (a) Whenever the office of the Attorney General or the office
of the district attorney has reason to believe that any person is engaging in, has engaged
in or is about to engage in any act or practice declared to be unlawful by this chapter, the
Attorney General or the district attorney may bring an action in the name of the state against
such person to restrain by temporary restraining order, temporary or permanent injunction
such acts or practices. However, unless the Attorney General or district attorney determines
that a person subject to the provisions of this chapter designs quickly to depart from this
state or to remove his property therefrom, or to conceal himself or his property therein,
or to continue practices unlawful under this chapter, he shall, before initiating any legal
proceedings is contemplated, allow such person a reasonable opportunity to appear before the
Attorney General or district attorney and solve the dispute to the...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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36-11-17
Section 36-11-17 Duties, liabilities and fees of sheriffs, etc., for service of process, etc.;
compensation of examiners; payment of fees, costs, etc. The sheriff, coroner or constable
to whom process is issued under the provisions of this chapter shall perform all the duties
as sheriffs are required to perform them, shall be liable to all the penalties to which sheriffs
in similar cases are liable and shall be entitled to the same fees as sheriffs are entitled
to for similar services. The examiners shall be entitled to such compensation as the Supreme
Court may determine as fair equivalent for the services performed. All such fees and compensation
shall be taxed in the bill of costs, but no costs shall be adjudged against the state nor
against the successful plaintiffs on a return of "no property found" against the
defendant, but may be paid out of the Treasury in all cases when the Governor thinks it right
to pay the same. (Code 1876, §4059; Code 1886, §4832; Code 1896, §4878;...
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11-28-1.1
Section 11-28-1.1 Definitions. As used in this chapter, the following words and phrases shall
have the following respective meanings, unless the context clearly indicates otherwise: (1)
COSTS. When used with reference to or in connection with any public facility or any portion
thereof, include all or any part of the cost of acquiring, constructing, altering, enlarging,
extending, reconstructing, or remodeling such public facility, including the cost of all lands,
structures, real or personal property, rights, rights-of-way, franchises, easements, permits,
licenses, and interests acquired or used for, in connection with or with respect to such public
facility, the cost of demolishing or removing any buildings or structures on land so acquired,
including the cost of acquiring land to which such buildings or structures may be moved, the
cost of all machinery, equipment, furniture, furnishings, and fixtures acquired or used for,
in connection with or with respect to such public facility,...
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11-50A-1
Section 11-50A-1 Definitions. As used in this chapter, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) AUTHORITY. Alabama Municipal
Electric Authority created pursuant to this chapter and any successor or successors thereto.
(2) BOARD. The board of directors of the authority. (3) BONDS. Any bonds issued by the authority
under the provisions of this chapter, including refunding bonds. (4) BOND ANTICIPATION NOTES.
Short term obligations issued by the authority in anticipation of the issuance of bonds. (5)
COSTS. All costs of acquisition, construction, reconstruction, improvement, equipment, alteration,
repair, or extension of any project; all costs of real and personal property required for
the purposes of any project, including any rights or undivided interest therein; all costs
of easements, franchises, water rights, fees, permits, approvals, licenses, and certificates,
and all costs of securing any permits, approvals, licenses,...
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9-13-24
Section 9-13-24 Fees of arresting officers, etc.; informers' fees. When an arrest for a violation
of the provisions of the forestry laws is made by a salaried officer or salaried employee
of the State Forestry Commission and the defendant is convicted, there shall be taxed as costs
the same fee as the sheriff in this state is entitled to for similar services and, if collected
from the defendant, shall be immediately remitted by the trial court directly to the State
Forester, and said fee shall be used for the purpose of the administration of the State Forestry
Commission. If the person making the arrest shall be a nonsalaried officer or not an employee
of the State Forestry Commission and if said fee is collected from the defendant, such person
shall be entitled to said fee and shall receive in addition thereto an informer's fee of one-half
the fine in each case where the information furnished by him results in a conviction and the
fine is collected and paid into court; provided,...
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14-13-2
Section 14-13-2 Adoption and text of Interstate Corrections Compact. The Interstate Corrections
Compact is hereby enacted into law and entered into by the State of Alabama with any and all
states legally joining therein, in accordance with its terms, in the form substantially as
follows: INTERSTATE CORRECTIONS COMPACT Article I (Purpose and Policy) The party states, desiring
by common action to fully utilize and improve their institutional facilities and provide adequate
programs for the confinement, treatment, and rehabilitation of various types of offenders,
declare that it is the policy of each of the party states to provide such facilities and programs
on a basis of cooperation with one another, thereby serving the best interests of such offenders
and of society and effecting economies in capital expenditures and operational costs. The
purpose of this compact is to provide for the mutual development and execution of such programs
of cooperation for the confinement, treatment and...
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15-12-1
Section 15-12-1 Definitions. When used in this chapter, the following terms shall have the
following meanings: (1) APPOINTED COUNSEL. Any attorney licensed to practice law in the State
of Alabama who is appointed by the court to represent an indigent defendant. (2) CONTRACT
COUNSEL. Any attorney licensed to practice law in the State of Alabama, or a firm, association,
corporation, or partnership of lawyers so licensed, executing a contract for the provision
of indigent defense services. (3) DIRECTOR. The Director of the Office of Indigent Defense
Services. (4) INDIGENT DEFENDANT. Any person involved in a criminal or juvenile proceeding
in the trial or appellate courts of the state for which proceeding representation by counsel
is constitutionally required or is authorized or required by statute or court rule, including
parents of children during the termination of parental rights hearings, who under oath or
affirmation states that he or she is unable to pay for his or her...
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19-3A-201
Section 19-3A-201 Determination and distribution of net income. After the decedent's death,
in the case of a decedent's estate, or after an income interest in a trust ends, the following
rules apply: (a) If property is specifically given to a beneficiary by will or by trust, then
the fiduciary of the decedent's estate or of the terminating income interest shall distribute
the net income and net principal receipts to the beneficiary who is to receive the specifically
given property, subject to the following rules: (1) The net income and principal receipts
from the specifically given property are determined by including all of the amounts the fiduciary
receives or pays with respect to the specifically given property, whether such amounts accrued
or became due before, on, or after the date of the decedent's death or the date upon which
an income interest in a trust terminates, and by making a reasonable provision for amounts
that the fiduciary believes the decedent's estate or terminating...
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