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5-5A-42
Section 5-5A-42 Adverse claims to deposits. Notice to any bank of an adverse claim to a deposit
standing on its books to the credit of any person shall not be effectual to cause said bank
to recognize said adverse claimant unless said adverse claimant shall also either procure
a restraining order, injunction or other appropriate process against said bank from a court
of competent jurisdiction in a civil action therein instituted by such claimant wherein the
person to whose credit the deposit stands is made a party and served with summons or shall
execute to said bank in form and with sureties acceptable to it, a bond indemnifying said
bank from any and all liability, loss, damage, costs and expenses for and on account of the
payment or recognition of such adverse claim or the dishonor of or failure to pay the check
or failure to comply with other order of the person to whose credit the deposit stands on
the books of said bank; provided, that this section shall not apply in any instance...
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27-42-11
Section 27-42-11 Settlement and payment of claims; recovery. (a) Any person recovering under
this chapter shall be deemed to have assigned his or her rights under the policy to the association
to the extent of his or her recovery from the association. Every insured or claimant seeking
the protection of this chapter shall cooperate with the association to the same extent as
such person would have been required to cooperate with the insolvent insurer. The association
shall have no cause of action against the insured of the insolvent insurer for any sums it
has paid out except for those causes of action the insolvent insurer would have had if such
sums had been paid by the insolvent insurer and except as provided in subsections (d), (e),
(f), (g), and (h) below. In the case of an insolvent insurer operating on a plan with assessment
liability, payments of claims of the association may not operate to reduce the liability of
insureds to the receiver, liquidator, or statutory successor for...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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13A-11-235
Section 13A-11-235 Restitution; remedies. (a) A person convicted of a violation of this article
shall be ordered to make full restitution for damages, including incidental and consequential
expenses, incurred by the service dog and its user, which arise out of or are related to the
violation. (b) Restitution for a conviction under this article includes, but is not limited
to, any of the following: (1) The medical expenses of the service dog and its user, and the
value of the service dog to its user for the period in which the dog is unable to perform
its duties due to injuries suffered as a proximate cause of the violation, or if the violation
resulted in the death or permanent disability of the service dog, the value of the service
dog to its user. (2) The cost of any retraining of the service dog needed as a result of the
violation. (3) Compensation for wages or earned income lost by the service dog user as a proximate
cause of the violation. (4) Any other economic loss suffered by...
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36-25A-9
Section 36-25A-9 Enforcement; hearings; penalties and remedies. (a) This chapter is designed
and intended to hold members of governmental bodies, and the bodies themselves, accountable
to the public for violations of this chapter. Therefore, enforcement of this chapter, except
a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the county
where the governmental body's primary office is located by any media organization, any Alabama
citizen impacted by the alleged violation to an extent which is greater than the impact on
the pubic at large, the Attorney General, or the district attorney for the circuit in which
the governmental body is located; provided, however, that no member of a governmental body
may serve as a plaintiff in an action brought against another member of the same governmental
body for an alleged violation of this chapter. The complaint shall be verified, shall state
specifically the applicable ground or grounds for the complaint as set out...
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39-1-1
Section 39-1-1 Bonds required of persons contracting for public works; commencement, etc.,
of actions upon bond by persons supplying labor, etc., to contractor; offer to accept judgment;
notice of completion of project by contractor and final settlement; applicability. (a) Any
person entering into a contract with an awarding authority in this state for the prosecution
of any public works shall, before commencing the work, execute a performance bond, with penalty
equal to 100 percent of the amount of the contract price. In addition, another bond, payable
to the awarding authority letting the contract, shall be executed in an amount not less than
50 percent of the contract price, with the obligation that the contractor or contractors shall
promptly make payments to all persons supplying labor, materials, or supplies for or in the
prosecution of the work provided in the contract and for the payment of reasonable attorneys'
fees incurred by successful claimants or plaintiffs in civil...
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23-2-172
Section 23-2-172 Enforcement of judgments. THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE
2019 REGULAR SESSION, EFFECTIVE JANUARY 1, 2024. TO SEE THE AMENDED VERSION, SEE THE VERSION
LABELED PENDING. (a) If a municipal or district court determines that the person or entity
charged with liability under this article is liable, the court shall enter a judgment against
the person or entity and mail a copy of the judgment thereto. The court shall collect the
unpaid tolls and administrative fee. The court may impose court costs and a civil penalty
of up to one hundred dollars ($100) for each violation. Tolls, fees, and penalties shall be
forwarded to the entity administering the tolls at the facility where the violation occurred.
(b) Upon failure to satisfy a judgment within 60 days of its entry and upon the written request
of the authority, department, private toll entity, or an agent or representative thereof,
it shall be the duty of the clerk of the court, or of the judge of a court...
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45-44-170.05
Section 45-44-170.05 Enforcement; fines. (a) The operation of an unlicensed junkyard that is
required to be licensed pursuant to this section constitutes a public nuisance. (b) The Macon
County Commission shall adopt regulations and requirements for issuing licenses for the operation
of junkyards within the limits defined in this article and may revoke the licenses at any
time the junkyard fails to conform to the requirements of this article, and shall charge a
license fee of not more than five hundred dollars ($500) and not less than one hundred dollars
($100) payable each fiscal year. All licenses issued under this article shall expire on September
30th following the date of issuance. Licenses shall be renewed from year to year upon payment
of the fee. Proceeds from the fees shall be deposited in the general fund of the county. (c)
The Macon County Compliance Officer may commence a court action in the name of the Macon County
Commission in the District Court of Macon County, Alabama,...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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32-5A-177
Section 32-5A-177 Charging violations; burden of proof in civil actions; arrest for violation
of speed laws communicated from officer operating measuring device to another officer; testimony
derived from use of speed measuring device. (a) In every charge of violation of any speed
regulation in this article the complaint, also the summons or notice to appear, shall specify
the speed at which the defendant is alleged to have driven, also the maximum speed applicable
within the district or at the location. (b) The provision of this article declaring maximum
speed limitations shall not be construed to relieve the plaintiff in any action from the burden
of proving negligence on the part of the defendant as the proximate cause of an accident.
(c) Any state trooper, upon receiving information relayed to him or her from a fellow officer
stationed on the ground or in the air operating a speed measuring device that a driver of
a vehicle has violated the speed laws of this state, may arrest the...
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