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16-8-40
Section 16-8-40 Acquisition of property; right to sue and contract; execution of process. (a)
The county board of education shall have the right to acquire, purchase by the institution
of condemnation proceedings if necessary, lease, receive, hold, transmit and convey the title
to real and personal property for school purposes. (b) It may sue and contract. All contracts
shall be made after resolutions have been adopted by the board and spread upon its minutes.
(c) All processes shall be executed by service on the executive officer of the board. (School
Code 1927, §132; Acts 1933, Ex. Sess., No. 87, p. 81; Code 1940, T. 52, §99.)...
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35-9-36
Section 35-9-36 Issuance and return of attachment; trial; property leviable. Such attachment
may be issued by any officer authorized to issue attachment in other cases, and made returnable
before any court of competent jurisdiction, and must be tried in the same manner, and upon
the same notice, as other attachment proceedings are tried, and may be levied on the crop,
or the proceeds thereof, and on the articles advanced, and property purchased with money advanced
or obtained by barter in exchange for articles advanced. (Code 1876, §3473; Code 1886, §3063;
Code 1896, §2710; Code 1907, §4741; Code 1923, §8806; Code 1940, T. 31, §22.)...
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40-7-5
Section 40-7-5 Oath to be administered before return made. The tax assessor or his deputy or
any other officer administering the oath to the person making the return of property for taxation
must orally administer the following oath to every taxpayer before making his returns: "You
do solemnly swear that you will true answers make to all lawful questions which may be put
to you touching the return you are about to make and that you will make a full and complete
return of all property owned by you or in which you had any interest whatever or of which
you were trustee or agent on the first day of October of the present tax year, and this return
is made upon your personal knowledge, so help you God." (Acts 1935, No. 194, p. 256;
Code 1940, T. 51, §40; Acts 1951, No. 551, p. 965.)...
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6-6-161
Section 6-6-161 Return of writ, bond and affidavit; issue made up; burden of proof. The officer
making the levy must, except as otherwise provided in Sections 6-6-165 and 6-6-166, return
the writ, affidavit and bond to court to which it is returnable, when an issue must be made
up between the plaintiff in the writ and the claimant, in which the former must allege that
the property claimed is the property of the defendant in the writ and is liable to its satisfaction.
On the trial of such issue, the burden of proof is on the plaintiff. (Code 1852, §§2588,
2834; Code 1867, §§3017, 3280; Code 1876, §§3342, 3677; Code 1886, §§3005, 3366; Code
1896, §4142; Code 1907, §6040; Code 1923, §10376; Code 1940, T. 7, §1169.)...
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6-9-23
Section 6-9-23 When execution to issue - Fraudulent disposal or removal of property by defendant.
After the entry of judgment and before the expiration of the time limited by the Alabama Rules
of Civil Procedure, on affidavit being made and filed that the defendant is about fraudulently
to dispose of or remove his property and that thereby the plaintiff will probably lose his
debt, the clerk or register must issue execution against the property of the defendant. (Code
1852, §2427; Code 1867, §2842; Code 1876, §3184; Code 1886, §2887; Code 1896, §1885;
Code 1907, §4083; Acts 1915, No. 206, p. 270; Code 1923, §7798; Code 1940, T. 7, §511.)...
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8-5-26
Section 8-5-26 Action to charge endorser or assignor on contracts assigned by writing and not
covered by Uniform Commercial Code - Time for bringing action against maker; issuance of execution
when judgment obtained; proof of inability of maker to pay judgment. (a) On all contracts
assigned by writing which are not governed by the Uniform Commercial Code, an action to charge
the endorser or assignor must be brought against the maker within 30 days after an action
can properly be brought. (b) If judgment is obtained, execution must be issued as authorized
by law, and the inability of the maker to pay such judgment proved by the return of "no
property." (Code 1852, §§1543, 1544; Code 1867, §§1851, 1852; Code 1876, §§2112,
2113; Code 1886, §1778; Code 1896, §892; Code 1907, §5153; Code 1923, §9226; Code 1940,
T. 39, §195; Acts 1965, No. 549, p. 811.)...
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30-4-17
Section 30-4-17 Revocation of certain transferable interests in property upon divorce or annulment.
(a) In this section, the following terms have the following meanings: (1) DISPOSITION OR APPOINTMENT
OF PROPERTY. Includes a transfer of an item of property or any other benefit to a beneficiary
designated in a governing instrument. (2) DIVORCE or ANNULMENT. Any divorce or annulment,
or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse
as a surviving spouse within the meaning of Section 43-8-252. A decree of separation that
does not terminate the status of husband and wife is not a divorce for purposes of this section.
(3) DIVORCED INDIVIDUAL. An individual whose marriage has been terminated by divorce or annulment.
(4) GOVERNING INSTRUMENT. An instrument executed by the divorced individual before the divorce
or annulment of his or her marriage to his or her former spouse. (5) RELATIVE OF THE DIVORCED
INDIVIDUAL'S FORMER SPOUSE. An individual who...
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41-1-3
Section 41-1-3 Compromise of claims in favor of state. The Governor, Attorney General and Auditor
have authority to adjust, compromise and settle, on such terms as to them may seem just and
reasonable, any doubtful claim of the state against any person or corporation, or any public
officer, or his sureties, or because of the negligence or default in the safekeeping, collection
or disbursement of the public moneys, funds or property by any officer having charge or custody
of either. Such settlement or compromise being made, the Governor must file a statement thereof
in the office of the Treasurer, showing the nature and character of the claim, the terms of
the settlement or compromise and the reasons for the making thereof. (Code 1886, §§70, 71;
Code 1896, §§3753, 3754; Code 1907, §§2441, 2442; Code 1923, §§5645, 5646; Code 1940,
T. 55, §§12, 13.)...
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41-16-27
Section 41-16-27 Manner of awarding contracts; records; exemptions. (a) When purchases are
required to be made through competitive bidding, award shall, except as provided in subsection
(f), be made to the lowest responsible bidder taking into consideration the qualities of the
commodities proposed to be supplied, their conformity with specifications, the purposes for
which required, the terms of delivery, transportation charges, and the dates of delivery,
provided, that the awarding authority may at any time within 30 days after the bids are opened
negotiate and award the contract to anyone, provided he or she secures a price at least five
percent under the low acceptable bid. The award of such a negotiated contract shall be subject
to approval by the Director of Finance and the Governor, except in cases where the awarding
authority is a two-year or four-year college or university governed by a board. The awarding
authority or requisitioning agency shall have the right to reject any...
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6-10-26
Section 6-10-26 Claim of exemption after levy and prior to sale; contesting of such claim.
The right of homestead or other exemption shall not be waived or lost by a failure, before
the levy of process, to file for record a declaration claiming the same; but the defendant,
in person or by his or her agent or attorney, may, at any time after the levy and prior to
a sale, file with the officer making the levy a claim in writing, verified by oath, to such
property, or any part thereof, as exempt and, if of a part, describing the same; and, within
three days thereafter, such officer must give to the plaintiff or his or her agent or attorney
written notice of the filing of the claim. Thereupon, the plaintiff, in person or by his or
her agent or attorney, may contest the claim in the mode provided in Section 6-10-25; except,
that no bond need be executed; and on the institution of such contest, the officer shall,
within three days thereafter, give the defendant written notice of the same. If...
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