|
8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-19.htm - 8K - Match Info - Similar pages
9-16-85
Section 9-16-85 Permits - Approval or denial by authority; filing of violation schedule; issuance
to mine on prime farm land. (a) Upon the basis of a complete mining application and reclamation
plan or a revision or renewal thereof, as required by this article, following public notification
and opportunity for a public hearing as required by Section 9-16-88, the regulatory authority
shall grant, require modification of, or deny the permit within 30 days and notify the applicant
in writing of its action. The applicant for a permit, or revision of a permit, shall have
the burden of establishing that his application is in compliance with all the requirements
of this article. Within 10 days after the granting of a permit, the regulatory authority shall
notify the local governmental officials in the local political subdivision in which the area
of land to be affected is located that a permit has been issued and shall describe the location
of the land. (b) No permit or revision application...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-85.htm - 6K - Match Info - Similar pages
14-15-10
Section 14-15-10 Actions concerning prison conditions; prisoner release orders. (a) In any
civil action with respect to prison conditions, no prisoner release order shall be entered
unless both of the following are satisfied: (1) A court has previously entered an order for
less intrusive relief that has failed to remedy the deprivation of the right sought to be
remedied through the prisoner release order. (2) The defendant has had a reasonable amount
of time to comply with the previous court orders. (b) In any civil action in state court with
respect to prison conditions, a prisoner release order shall be entered by a three-judge court,
if the requirements of subsection (f) have been met. (c) In any action required to be heard
and determined by a court of three judges, the composition and procedure of the court shall
be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request
is presented shall immediately notify the Chief Justice of the Alabama...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/14-15-10.htm - 3K - Match Info - Similar pages
15-13-114
Section 15-13-114 Obligation of sureties continues during trial. The obligation of the sureties
continues throughout every stage of trial, from the time the defendant is entered thereon
until the rendition of the verdict by the jury or judge. The finding of the defendant guilty
by a jury or judge discharges the sureties. The obligation of the sureties are also discharged
when the judge takes any of the following actions: (1) Sentences the defendant. (2) Grants
the prosecutor's motion to nol pros the case. (3) Dismisses the case. (4) Issuance of any
order to the defendant to attend driving-under-the-influence school, mental health counseling,
or any similar order of which the court would only have had the authority to do so, if there
had been an adjudication of guilt or in cases where there has been an adjudication of guilt.
(5) Issuance of any order of restitution. (6) Announcement or order of sentence prior to any
probation determination. (Acts 1993, No. 93-677, p. 1259, ยง15.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-114.htm - 1K - Match Info - Similar pages
15-18-86
Section 15-18-86 Procedure when condemned female believed pregnant. (a) If there is reason
to believe that a female convict is pregnant, the sheriff must, with the concurrence of a
judge of the circuit court, summon a jury of six disinterested persons, as many of whom must
be physicians as practicable. The sheriff must also give notice to the district attorney or,
in his absence, to any attorney who may be appointed by a circuit judge to represent the state
and who has authority to issue subpoenas for witnesses. (b) The jury, under the direction
of the sheriff or officer acting in his place, must proceed to ascertain the fact of pregnancy
and must state their conclusion in writing, signed by them and the sheriff. If such jury is
of opinion, and so find, that the convict is with child, the sheriff or officer acting in
his place must suspend the execution of the sentence and transmit the finding of the jury
to the Governor. (c) Whenever the Governor is satisfied that such convict is no...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-86.htm - 1K - Match Info - Similar pages
15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-54.htm - 10K - Match Info - Similar pages
22-21-331
Section 22-21-331 Remedies for default in payment of securities or performance of lease agreement.
(a) If there should be any default in the payment of the principal of or interest on any securities
issued under this article, then the holder of any such securities and any coupons applicable
thereto (subject to any provision of the resolution or indenture under which such securities
were issued restricting the individual rights of action of any such holders or vesting such
rights exclusively in a trustee), 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 directors and officers of the authority with respect to the use of funds for
the payment of such securities 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-331.htm - 3K - Match Info - Similar pages
22-27-3
Section 22-27-3 Authority of local governing bodies as waste collections and disposal; household
exemptions; state regulatory program. (a) Generally. (1) The county commission or municipal
governing body may, and is hereby authorized to, make available to the general public collection
and disposal facilities for solid wastes in a manner acceptable to the department. The county
commission or municipal governing body may provide such collection or disposal services by
contract with private or other controlling agencies and may include house-to-house service
or the placement of regularly serviced and controlled bulk refuse receptacles within reasonable
(generally less than eight miles) distance from the farthest affected household and the wastes
managed in a manner acceptable to the department. (2) Any county commission or municipal governing
body providing services to the public under this article shall have the power and authority
by resolution or ordinance to adopt rules and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-27-3.htm - 11K - Match Info - Similar pages
30-4-62
Section 30-4-62 Release of defendant on probation by circuit court; authority of juvenile court
as to probationer. In the event the appeal goes to the circuit court and the defendant shall
be sentenced to jail or hard labor for the county by the circuit court, he shall be remanded
to jail to answer said judgment, and in the event that such judgment and sentence is suspended
and the defendant is released on probation, the court shall inform him as to his duties under
such probation order, and cause the probation bond provided for in this article to be filed
with the clerk of the probate, domestic relations or juvenile court, and said bond shall thereafter
be subject to forfeiture as if filed originally in said probate, domestic relations or juvenile
court as provided for in this article. Upon the entry of such judgment, said circuit court
shall cause to be filed with the clerk of the juvenile court a copy of its judgment, which,
when so filed, shall thereupon become also the judgment of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-4-62.htm - 1K - Match Info - Similar pages
31-2A-2
Section 31-2A-2 (Article 2.) Persons subject to this code; jurisdiction. (a) This code applies
to all members of the state military forces at all times and in all places, except it does
not apply to a member for any offenses committed while in a duty status under Title 10 U.S.C.
(b) Subject matter jurisdiction is established if a clear and convincing nexus exists between
an offense, either military or non-military, and the state military force. When a member is
in a duty status under either Title 32 U.S.C. or State Active Duty then a rebuttable presumption
exists that the nexus is established. A proper civilian court has primary jurisdiction of
an offense when an act or omission violates both this code and civilian criminal law, foreign
or domestic. In such a case, a court-martial may be initiated only after the civilian prosecutorial
authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached.
Courts-martial shall have primary jurisdiction over all...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-2.htm - 1K - Match Info - Similar pages
|