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6-5-4
Section 6-5-4 Recovery of public moneys, funds or property. (a) The Governor may cause actions
to be commenced for the recovery of any public moneys, funds, or property of the state or
of any county which have been lost by the neglect or default of any public officer, which
have been wrongfully expended or disbursed by such officer, which have been wrongfully used
by such officer, or which have been wrongfully received from him. (b) In the event any public
officer or agent of the state or any depositary or custodian of public funds or moneys has
wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before
any court having jurisdiction of the subject matter; and it shall not be ground of objection
to such an action that either, any, or all of the parties defendant do not reside within the
county or within the district in which such action is commenced. (c) Such action may be commenced
in any court of competent jurisdiction; and such officer or agent,...
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22-28-13
Section 22-28-13 Variances. (a) The commission may grant individual variances beyond the limitations
prescribed in this chapter whenever it is found, upon presentation of adequate proof, that
compliance with any rule or regulation, requirement or order of the commission would impose
serious hardship without equal or greater benefits to the public and the emissions occurring,
or proposed to occur, do not endanger or tend to endanger human health or safety, human comfort
and aesthetic values. In granting or denying a variance, the commission shall file and publish
a written opinion stating the facts and reasons leading to its decision. (b) In granting a
variance, the commission may impose such conditions as the policies of this chapter may require.
If the hardship complained of consists solely of the need for a reasonable delay in which
to correct a violation of this chapter or of the commission regulations, the commission shall
condition the grant of such variance upon the posting of...
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35-10-29
Section 35-10-29 Entry of full payment or satisfaction in record - Vendor's or other lien reserved
in conveyance. When a vendor's or other lien is reserved in any conveyance, which is of record,
of real or personal property to secure the payment of the purchase money recited in such conveyance,
upon the payment in full of such purchase money, the grantor, or his executor, administrator
or other person in whom the ownership of such lien is vested at the time of the payment of
such purchase money, must, on the request in writing of the grantee, his executor, administrator
or assigns, or of a judgment or other creditor of the grantee, enter the fact of payment on
the margin of the record of such conveyance in the manner as required by this article. Such
entry operates a release of such lien and is a bar to all actions thereon. If for 30 days
after such request, the grantor, or his executor, administrator or other person in whom the
ownership of such lien is vested at the time of such...
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6-5-156.4
Section 6-5-156.4 Violation of court order; additional orders necessary to abatement; suspension
or cancellation of order. (a) A violation of any court order issued pursuant to this division
is punishable as a contempt of court by a fine of not less than five hundred dollars ($500)
nor more than seventy-five thousand dollars ($75,000), or by imprisonment for not more than
one year, or both. Evidence concerning the duration and repetitive nature of the violations
shall be considered by the court in determining the penalty for contempt. (b) Upon finding
that a defendant has willfully violated an order issued pursuant to this division, the court
may issue any additional orders necessary to abate the drug-related nuisance or to carry out
the punishment for contempt. (c) The court may suspend the effectiveness of an order of abatement
for no more than 90 days if the owner of the property establishes that he or she had no knowledge
of the drug-related nuisance, and could not reasonably be...
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6-6-332
Section 6-6-332 Process - Form of notice; service and return thereof. (a) Upon complaint being
made, the district judge shall issue a notice to the party against whom the complaint is made
to the following effect: The State of Alabama, ___ County. To ___ You are hereby commanded
to be and appear before me, at _____ on the _____ day of _____, 2__, to answer to, and make
defense against a complaint exhibited to me against you by _____, for a forcible entry and
detainer (or for unlawful detainer, as the case may be). Witness my hand this _____ day of
______, 2__. ___ District Court Judge (b) The notice shall be served on the defendant at least
six days before the return day of the process and may be served on the defendant anywhere
within the state. The return of the service thereof by any sheriff or constable of the state
is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall
be personally served upon the...
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11-52-53
Section 11-52-53 Appeals from compensation awards. Within 20 days after the approval of any
such report by the council, any person dissatisfied with the award of compensation therein
contained may file with the clerk of the council notice of appeal to the court of the county
in which the appellant's land is located having jurisdiction of actions by municipalities
to assess compensation for property taken or appropriated for public use for streets. Thereupon,
and within 10 days of such notice, the clerk of the council shall file with the clerk of said
court the report of the board of appraisers approved by the council, together with certified
copies of the resolution of the council and of the notice of appeal. Within five days thereafter
the appellant shall give and file with the clerk of said court an appeal bond, running to
the municipality, for such amount as may be fixed by the court, to secure the municipality
against the costs of the appeal in the event that appellant fails to...
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34-4-21
Section 34-4-21 Application and examination; fees; expiration, renewal of licenses; continuing
education; discharge of apprentice; change of address. (a) Any person desiring to enter into
the auction business and obtain a license as an auctioneer or apprentice auctioneer shall
make written application for a license to the board. Each application shall be accompanied
by an examination fee of an amount not to exceed one hundred dollars ($100) which shall be
collected from each applicant to defray the expenses of the examination. The application shall
be submitted on forms prepared and furnished by the board. (b) Each applicant for a license
as an auctioneer shall be 19 years of age or over, and each applicant for a license as an
apprentice auctioneer shall be 18 years of age or over and shall be a citizen of the United
States or legally present in this state. Each applicant for an auctioneer's license shall:
(1) have completed a prescribed course of study at an accredited auctioneering...
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6-5-151
Section 6-5-151 Order of abatement; sale of property. (a) If the existence of the nuisance
is admitted or established in an action as provided in this division, or in a criminal proceeding
in the circuit court, an order of abatement shall be entered as a part of the judgment in
the case, which shall direct the removal from the place of all personal property and contents
used in conducting the nuisance not already released under authority of the court as provided
in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such
thereof as belonged to the defendants notified or appearing in the manner provided for the
sale of chattels under execution. (b) Such order shall also require the renewal for one year
of any bond furnished by the owner of the real property as provided in Section 6-5-148 or,
if not so furnished, shall continue for one year any closing order issued at the time of granting
the preliminary injunction or, if no such closing order was then...
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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,...
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37-4-63
Section 37-4-63 Forced sales - Appeals to circuit court. Any party shall have the right to
appeal from the order of the commission, such appeal to be governed by existing provisions
of law relating to appeals from final orders of the commission; except, that such appeal shall
be taken to the circuit court of the judicial circuit containing the greater portion, by value,
of the property to be acquired, and such appeal shall be taken within 10 days from the filing
of the order of the commission. The order of the commission shall specify the judicial circuit
in which the greater portion of the property, by value, is located, and such specification
shall be conclusive for fixing the venue of an appeal. On any such appeal, if the court shall
determine that any condition imposed by the order of the commission is unreasonable or that
the commission has erred in determining the just compensation to be paid, the court shall
proceed to enter the judgment the commission should have entered. Any...
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