6-2-38
Section 6-2-38 Commencement of actions - Two years. (a) An action by a representative to recover
damages for wrongful act, omission, or negligence causing the death of the decedent under
Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. (b) All actions
by common carriers of property subject to Chapter 3 of Title 37 for recovery of their charges,
or any part thereof, shall be begun within two years from the time the cause of action accrues
and not after. (c) For recovery of charges, action shall be begun against common carriers
of property by motor vehicles subject to this article within two years from the time the cause
of action accrues and not after, except as provided in subsection (d) of this section; provided,
that if claim for the overcharge has been presented in writing to the carrier within the two-year
period of limitation, said period shall be extended to include six months from the time notice
in writing is given by the carrier to the claimant...
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31-2-118
Section 31-2-118 Right of National Guard members, etc., under indictment, etc., for injuries
to persons or property incurred during performance of duties to change of venue of trial.
Any civil or military officer or member of the National Guard or any person lawfully aiding
them in the performance of any duty required under the provisions of this chapter, indicted
or sued for any injury to person or property in endeavoring to perform such duty, shall have
the right, and upon motion of such person, it is hereby made the duty of the court in which
such indictment or suit is pending or sued, to remove the trial of the indictment or suit
to some county, free from exception, other than that in which the indictment was found or
injury done. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §173; Acts 1973, No.
1038, p. 1572, §124.)...
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43-8-42
Section 43-8-42 Share of heirs other than surviving spouse. The part of the intestate estate
not passing to the surviving spouse under section 43-8-41, or the entire intestate estate
if there is no surviving spouse, passes as follows: (1) To the issue of the decedent; if they
are all of the same degree of kinship to the decedent they take equally, but if of unequal
degree, then those of more remote degree take by representation; (2) If there is no surviving
issue, to his parent or parents equally; (3) If there is no surviving issue or parent, to
the issue of the parents or either of them by representation; (4) If there is no surviving
issue, parent or issue of a parent, but the decedent is survived by one or more grandparents
or issue of grandparents, half of the estate passes to the paternal grandparents if both survive,
or to the surviving paternal grandparent, or to the issue of the paternal grandparents if
both are deceased, the issue taking equally if they are all of the same...
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8-19-10
Section 8-19-10 Private right of action. (a) Any person who commits one or more of the acts
or practices declared unlawful under this chapter and thereby causes monetary damage to a
consumer, and any person who commits one or more of the acts or practices declared unlawful
in subdivisions (19) and (20) of Section 8-19-5 and thereby causes monetary damage to another
person, shall be liable to each consumer or other person for: (1) Any actual damages sustained
by such consumer or person, or the sum of $100, whichever is greater; or (2) Up to three times
any actual damages, in the court's discretion. In making its determination under this subsection,
the court shall consider, among other relevant factors, the amount of actual damages awarded,
the frequency of the unlawful acts or practices, the number of persons adversely affected
thereby, and the extent to which the unlawful acts or practices were committed intentionally;
and (3) In the case of any successful action or counterclaim to...
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9-12-205
Section 9-12-205 Property rights. Whoever under the authority of this article has in his lawful
possession any such alligators or parts thereof on such posted or fenced alligator farm shall
have a property right therein and shall be the owner thereof. Whoever enters the alligator
farm and catches, takes, or attempts to catch or take such alligators when the area has been
posted or fenced according to law shall be punished as though the alligators were ordinary
domestic animals and subject to the property rights of the State of Alabama. (Acts 1989, No.
89-874, p. 1749, §6.)...
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13A-7-26
Section 13A-7-26 Criminal tampering in the second degree. (a) A person commits the crime of
criminal tampering in the second degree if, having no right to do so or any reasonable ground
to believe that he has such a right, he: (1) Intentionally tampers with property of another
for the purpose of causing substantial inconvenience to that person or to another; or (2)
Intentionally tampers or makes connection with property of a utility. (b) Criminal tampering
in the second degree is a Class B misdemeanor. (Acts 1977, No. 607, p. 812, §2712.)...
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13A-8-16
Section 13A-8-16 Receiving stolen property - Definition. (a) A person commits the crime of
receiving stolen property if he intentionally receives, retains or disposes of stolen property
knowing that it has been stolen or having reasonable grounds to believe it has been stolen,
unless the property is received, retained or disposed of with intent to restore it to the
owner. (b) If a person: (1) On two separate occasions within a year prior to the commission
of the instant offense of receiving stolen property is found in possession or control of stolen
property; or (2) Possesses goods or property which have been recently stolen; or (3) Regularly
buys, sells, uses or handles in the course of business property of the sort received, and
acquired the property without making reasonable inquiry whether the person selling or delivering
the property to him had a legal right to do so, this shall be prima facie evidence that he
has the requisite knowledge or belief. (c) The fact that the person who...
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40-15-18
Section 40-15-18 State and federal estate taxes to be paid out of estate property. Unless the
decedent directs otherwise in his or her will, all estate taxes, whether state or federal,
payable by reason of the death of the decedent, shall be paid by the executor or other personal
representative out of the estate property and shall be a charge against the residue thereof,
and the executor or other personal representative shall be under no duty to recover from anyone
for the benefit of the estate the pro rata portion of the estate tax attributable to inclusion
in the gross estate of any property, including proceeds of policies of insurance upon the
life of the decedent receivable by a beneficiary other than the executor or other personal
representative, which does not pass to the executor or other personal representative as a
part of the estate. This section shall apply to the estate of any decedents who shall die
on or after July 26, 1951, and before January 1, 2008, and to the estate...
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41-16-21.1
Section 41-16-21.1 Joint purchasing agreements. (a) In the event that utility services are
no longer exempt from competitive bidding under this article, non-adjoining counties may not
purchase utility services by joint agreement under authority granted by this section. (b)(1)
The Division of Purchasing, Department of Finance, is hereby authorized to enter into joint
purchasing agreements to purchase, lease, or lease-purchase, materials, equipment, supplies,
other personal property or services, including child support services, which have been let
by competitive bid or competitive solicitation process by any group or consortium of governmental
entities within or without the State of Alabama upon a finding by the purchasing agent that
such joint purchasing agreements are in the best interests of the State of Alabama. Joint
purchasing agreements entered into by the Division of Purchasing may be utilized by any governmental
entity subject to the requirements of Title 41, Chapter 16,...
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43-8-295
Section 43-8-295 Waiver and bar. The right to disclaim property or an interest therein is barred
by: (1) An assignment, conveyance, encumbrance, pledge, or transfer of the property or interest,
or a contract therefor; (2) A written waiver of the right to disclaim; (3) An acceptance of
the property or interest or a benefit thereunder; or (4) A sale of the property or interest
under judicial sale made before the disclaimer is effected. (Acts 1981, No. 81-156, §6; Code
1975, §35-17-6.)...
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