|
6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-284.htm - 2K - Match Info - Similar pages
15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-150.htm - 33K - Match Info - Similar pages
37-2-34
Section 37-2-34 Joint actions against connecting carriers. When goods, wares, merchandise or
other personal property are shipped to some point of delivery in this state over two or more
connecting lines of transportation companies, both or all of which are engaged in the business
of a transportation company in the State of Alabama, and such goods, wares and merchandise
or other personal property are lost, destroyed, or damaged because of unreasonable delay in
the delivery thereof or by the neglect of duty of any such transportation company or connecting
transportation companies, and the owner or consignee of such freight sustains injury or loss
thereby, and payment for such injury or loss or destruction is not made after notice to and
demand therefor of such connecting and delivering companies within 30 days thereafter, the
owner or consignee thereof may bring a civil action against such delivering and connecting
companies jointly; the action to be instituted in the county of delivery,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2-34.htm - 2K - Match Info - Similar pages
12-20-30
Section 12-20-30 Substitution of lost, etc., papers or records in civil cases - How made -
Where deed, contract, conveyance or other instrument involved. If the record of a deed, contract,
conveyance or other instrument, the record of which is by law required or authorized, is lost,
mislaid, destroyed or mutilated, the original of such deed, contract, conveyance or instrument
may be recorded again, and such record shall have relation to, and be operative from, the
day the original record was operative. If the original is lost, mislaid, destroyed or mutilated,
a copy thereof may be recorded on proof of its correctness of the record and of the loss or
destruction of the original, and the record of such copy shall have relation to, and be operative
from, the day the original record was operative. But in case of the loss or destruction of
the original, an application for the record of the copy must be made to the court or successor
of the court in which the original record was made and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-20-30.htm - 1K - Match Info - Similar pages
37-2-61
Section 37-2-61 Claim for damages. (a) When any property, chattels, or goods have been received
by any transportation company for transportation, and such goods, chattels, or property shall
be lost, destroyed or injured, or shall not be delivered according to the contract of shipment,
the shipper, consignor, consignee, or other person entitled to demand and receive them shall
make out an itemized statement of the goods, property or chattels so lost, destroyed or injured,
or not delivered, setting forth the kind of articles, and the number thereof, and the value
and the extent or amount of damages, and shall, after making, subscribing and swearing to
the same before an officer authorized to administer an oath, deliver the same to the said
transportation company, agent, or officer of said transportation company so receiving said
shipment within 60 days after said loss, destruction, injury, or failure to deliver such goods,
property or chattels. (b) When such verified statement of such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2-61.htm - 2K - Match Info - Similar pages
37-2-62
Section 37-2-62 Action for damages. (a) If the value of such goods, property or chattels so
lost, destroyed or not delivered, or the amount of damages or injury, where injured, shall
not be paid or tendered to such person entitled thereto so presenting such verified claim
therefor within the time prescribed in subsection (b) of Section 37-2-61, such person may,
on bringing an action therefor and on making proof of such shipment and loss, or destruction,
failure to deliver or injury to such goods, chattels or property, and the due presentation
of such verified claim, or demand for the value of, or damage to such goods, property or chattels,
and that such claim was not for more than such value or injury, and the failure of such transportation
company to pay for the same within 60 days from the making of such demand, recover from the
said transportation company fourfold damages, suffered by reason of such loss, destruction
or injury, unless such loss, destruction or injury is the result...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2-62.htm - 2K - Match Info - Similar pages
31-2-32
Section 31-2-32 Liability of officers and enlisted men for lost or damaged military property.
Whenever any military property of the United States or the State of Alabama shall have been
lost, damaged, or destroyed, and upon report of a disinterested survey officer, it shall appear
that the loss, damage, or destruction of the property was due to carelessness or neglect,
or that its loss, damage, or destruction could have been avoided by the exercise of reasonable
care, the money value of such property shall be charged to the accountable and responsible
officer, warrant officer, or enlisted man, and the pay of such officer, warrant officer, or
enlisted man, from both federal and state funds at any time accruing, may be stopped and applied
to the payment of any such indebtedness until the same is discharged. (Acts 1936, Ex. Sess.,
No. 143, p. 105; Code 1940, T. 35, §32; Acts 1973, No. 1038, p. 1572, §33.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-32.htm - 1K - Match Info - Similar pages
31-2A-108
Section 31-2A-108 (Article 108.) Military property - Loss, damage, destruction, or wrongful
disposition. Any person subject to this code who, without proper authority does any of the
following regarding any military property of the United States or of any state, shall be punished
as a court-martial may direct: (1) Sells or otherwise disposes of. (2) Willfully or through
neglect damages, destroys, or loses. (3) Willfully or through neglect suffers to be lost,
damaged, destroyed, sold, or wrongfully disposed of. (Act 2012-334, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-108.htm - 875 bytes - Match Info - Similar pages
37-2-60
Section 37-2-60 Measure of damages for loss, injury, or delay in delivery, etc. In all cases
of loss, destruction, injury to, delay in delivering or failure to deliver property, chattels
or goods of any character to the person entitled thereto by a transportation company, having
received the same for shipment in accordance with the contract of shipment, such transportation
company shall be liable to the person having the title to such property, chattels, or goods,
when lost or destroyed, for the market value of such chattels, property, or goods at the place
of destination, at the time and in the condition they should have been delivered, with interest
from the time they should have been delivered; and where injured, for the damages caused thereto,
less the amount of freight charges due for their transportation, with interest from the time
they should have been delivered uninjured; and in case of delay beyond a reasonable time,
the difference in the value of the goods when they should...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2-60.htm - 1K - Match Info - Similar pages
41-15-4
Section 41-15-4 Value for which state property to be insured; annual certification; gap coverage
and gap plus coverage; survey of public property; sale or salvage of insured items. (a) All
covered property, unless otherwise provided in this section, shall be insured for no more
than its replacement cost and shall be insured for no less than 80 percent of its actual cash
value. Replacement cost coverage may be provided with an amount of insurance as agreed upon
by the proper insuring authority and the risk manager based upon a written statement of values.
Replacement cost shall be the cost to repair or replace property with comparable materials
of like kind and quality by generally accepted construction methods or technology to serve
the same function as the lost or damaged property. No payment for a loss shall exceed the
limit of the policy. (b) The officer or person having charge by law of insuring any public
building, contents, machinery, and equipment shall annually certify to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-15-4.htm - 6K - Match Info - Similar pages
|