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15-5-62
Section 15-5-62 Definitions. For the purposes of this article, the following words shall have
the following meanings: (1) FELONY OFFENSE. Any act that could be charged as a felony criminal
offense under the Code of Alabama 1975, whether or not a formal criminal prosecution or delinquent
proceeding began at the time the forfeiture was initiated. (2) FINANCIAL INSTITUTION. A bank,
credit union, or savings and loan association. (3) INNOCENT OWNER. A bona fide purchaser or
lienholder of property that is subject to forfeiture, including any of the following: a. A
person who has a valid claim, lien, or other interest in the property seized who did not know
or consent to the conduct that caused the property to be forfeited, seized, or abandoned under
subdivision (1) of Section 15-5-63. b. A person who did not participate in the commission
of a crime or delinquent act giving rise to the forfeiture. c. A victim of an alleged criminal
offense. (4) INSTITUTED PROMPTLY. The filing by the district...
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16-33C-6
Section 16-33C-6 PACT Program generally. (a) The PACT Program is established as one college
savings alternative under the plan whereby purchasers enter into PACT contracts for the future
payment of tuition and mandatory fees at eligible educational institutions. The PACT Program
includes the PACT Trust Fund and the PACT Administrative Fund created pursuant to this chapter.
(b) The official location of the trust fund shall be the State Treasurer's office, and the
facilities of the State Treasurer shall be used and employed in the administration of the
fund including, but without limitation thereto, the keeping of records, the management of
bank accounts and other investments, the transfer of funds, and the safekeeping of securities
evidencing investments. The PACT Trust Fund is hereby created as the source for payment of
the PACT Program's obligations under PACT contracts. The amounts on deposit in the PACT Trust
Fund shall not constitute property of the state, and the state may have no...
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28-4-232
Section 28-4-232 Entry of judgment for abatement of nuisance and destruction of all prohibited
liquors and beverages, movable property, etc., used in connection with nuisance. Upon the
final hearing of the action instituted to abate a liquor nuisance, if it shall appear that
the petition has been sustained by the evidence or has been admitted, the court shall enter
a judgment ordering abatement of the nuisance, which judgment shall order the destruction
of all such prohibited liquors and beverages as are found upon the premises, together with
all signs, screens, bars, bottles, glasses and other movable property used in keeping and
maintaining said nuisance, and the destruction of all such liquors and beverages and such
movable property as may have been seized under authority of the court pending the hearing
of the action. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4677; Code
1940, T. 29, §147.)...
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43-2-394
Section 43-2-394 Compounding with and discharge of debtor. Whenever a debtor of the decedent
is unable to pay all his debts, the executor or administrator, with the approbation of the
court or judge thereof, may compound with him and give him a discharge, upon receiving a fair
and just dividend of his effects. A compromise may also be authorized when it appears to be
just, and for the best interest of the estate. (Code 1923, §5831; Code 1940, T. 61, §227.)...
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43-2-647
Section 43-2-647 Refunding bonds - Bond stands as security; action on bond. (a) Such refunding
bond stands as security for the executor or administrator, should the assets in his hands,
after any payment of money or delivery of property under the order of the court, prove insufficient
to pay the debts, claims and charges against the estate, and the executor or administrator
pays the same; and also as security for the creditors of the estate; and any creditor may
bring a civil action thereon. (b) The extent of the recoveries on such bond is the amount
or value of the property received by the legatee or distributee and interest on such amount
or value from the date of its receipt; and the value of property received may be proved by
the entry of record, made according to the provisions of this division or other evidence;
and civil actions may be brought on such bond from time to time in the name of any person
aggrieved until the whole amount of the liability, as determined by this...
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6-10-29
Section 6-10-29 Contest of exemption claim - Filing of inventory by defendant; effect of failure
to file. On any contest of a claim of exemption to personal property, on the plaintiff's written
demand, made at any time, the defendant claiming the exemption shall, within 10 days, file
a full and complete inventory, duly verified by oath, of all his or her personal property,
except the wearing apparel, portraits, pictures, and books specifically exempted from levy
and sale, with the value and location of each item of such property, of all money belonging
to him or her, whether in his or her possession or held by others for him or her, and of all
debts and choses in action belonging to him or her or in which he or she is beneficially interested,
with the value of each of them. If such inventory is not filed within the time prescribed,
the plaintiff shall not be required to tender an issue on the claim, but the court must enter
judgment by default against the defendant, unless good and...
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6-6-101
Section 6-6-101 Forfeiture of bond; execution on bond. When the property replevied is not delivered
in 30 days after judgment against the defendant in attachment, the sheriff shall return the
bond forfeited, and execution must be issued thereon against the principal and sureties for
the amount of the value of the property replevied, as fixed by the sheriff or other officer
making the levy, with interest thereon from the date of the bond and for the cost of the replevy
and of the execution, unless such value is greater than the amount of the judgment against
the defendant, in which case the execution shall be for the amount of such judgment and costs.
(Code 1852, §2538; Code 1867, §2966; Code 1876, §3291; Code 1886, §2965; Code 1896, §556;
Code 1907, §2956; Code 1923, §6204; Code 1940, T. 7, §877.)...
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6-8-100
Section 6-8-100 Answer of tender; judgment thereon. An answer of tender of money or of a thing
in action must be accompanied by a delivery of the money or such thing in action to the clerk
of the court. If the tender is of ponderous articles or other personal property, the answer
must aver a readiness to deliver it to the plaintiff. Judgment for the defendant upon the
answer vests the title to the thing tendered in the plaintiff, subject to any claim the defendant
may have for his trouble in keeping it. (Code 1852, §§2245, 2246; Code 1867, §§2648, 2649;
Code 1876, §§2997, 2998; Code 1886, §2585; Code 1896, §3298; Code 1907, §5334; Code 1923,
§9473; Code 1940, T. 7, §228.)...
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8-3-42
Section 8-3-42 Sureties entitled to summary judgment against principal and between each other.
Sureties, whether bound on the contract or instrument with the principal debtor as joint or
joint and several obligors or promisors, as accommodation drawers, acceptors, or endorsers
of a bill of exchange or in any other manner, are entitled to a summary judgment against their
principal and between each other, by motion in the circuit court on three days' notice thereof,
in the cases, and in the following manner: (1) Against the principal debtor: a. When a judgment
has been obtained against the surety which he has satisfied, either wholly or in part, for
the amount paid and interest; b. When a surety or sureties are sued without their principal
upon notice given to the principal of the pending action if judgment is obtained against the
surety, judgment for the same amount must be entered against the principal in favor of the
surety. (2) Between sureties: a. A surety who has paid the debt of...
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9-11-252.1
Section 9-11-252.1 Motor vehicle, weapons, etc., used in nighttime deer hunting declared contraband;
seizure report; condemnation and forfeiture; disposition of proceeds. (a) Any motor vehicle,
or any gun, rifle, ammunition or other hunting equipment which has been or is used for illegal
nighttime deer hunting shall be contraband, and, in the discretion of the circuit court may
be forfeited to the State of Alabama, as hereinafter provided. (b) The sheriff or any other
person authorized to enforce the game and fish laws of this state who apprehends any person
hunting deer in the nighttime, or who finds any vehicle which is being or has been used in
such illegal nighttime hunting shall seize such vehicle and any gun, rifle, ammunition or
other deer hunting equipment found in the possession of or on the person of such person or
in or on such vehicle and shall report such seizure and the facts connected therewith to the
district attorney or other prosecuting official in the judicial...
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