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41-9-80.6
Section 41-9-80.6 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE JUNE 10, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The Securities Commission,
acting on behalf of a victim of a crime, may apply for any and all provisional remedies that
are also otherwise available to the victim. (b) The provisional remedies of attachment, injunction,
receivership, and notice of pendency available to the victim of the crime under existing law
and the Alabama Rules of Civil Procedure shall also be available to the Securities Commission
in all actions under this division. (c) Upon the filing of a motion for a provisional remedy,
the moving party shall state whether any other provisional remedy has previously been sought
in the same action against the same defendant. The court may require the moving party to elect
between those remedies to which it would otherwise be entitled. (Act 2019-538, ยง2.)...
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6-6-455
Section 6-6-455 Proceedings when garnishee liable for delivery of personal property. If the
garnishee is liable for the delivery of personal property or for the payment of money which
may be discharged by the delivery of personal property, the value of the property must be
ascertained and a judgment entered against the garnishee that if he does not, by a day to
be fixed by the court which must be a day after the maturity of such contract, deliver such
property to the sheriff or other lawful officer, he must pay the value thereof or the sum
of money which was payable therein. Upon the return of the sheriff or such other officer that
such property was not delivered or the value thereof or such sum of money was not paid to
him as required by the judgment, execution must be issued for the ascertained value of such
property or for the sum of money payable therein, if the same is less than the amount of the
judgment against the defendant in the original action, or, if more or equal thereto,...
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11-40-62
Section 11-40-62 Definitions. As used in this article, the following words and phrases shall
have the following meanings: (1) INTERESTED PARTY. Includes the following parties: a. The
person who last appears as owner of the real property in the county office of the judge of
probate's property records. b. The current mortgagee of record of the property or assignee
of record of the mortgagee. c. The current holder of a beneficial interest in a deed of trust
recorded against the real property. d. A tax certificate holder. e. A tax sale purchaser that
holds a deed of purchase in accordance with Section 40-10-29. f. Any party having an interest
in the real property, or in any part thereof, legal or equitable, in severalty or as tenant
in common, whose identity and addresses are reasonably ascertainable from the records of the
Class 2 municipality or records maintained in the county office of the judge of probate or
as revealed by a full title search, consisting of 50 years or more. g. An...
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11-48-48
Section 11-48-48 Payment of assessments generally. The municipality, in ordering any local
improvement the cost of which or any part thereof is to be assessed against any property in
accordance with the provisions of this article, may provide that the same shall be paid in
cash within 30 days after the final assessment, provided the cost of such improvement does
not exceed $1,000.00, but if the total cost of said improvement is greater than such sum,
any property owner may, at his election, to be expressed by notifying the municipal official
charged with the duty of collecting such assessments in writing within 30 days after the assessment
is made final, pay the said assessment in 10 equal installments, which shall bear interest
at a rate not exceeding 12 percent per annum, payable annually; provided, however, that if,
on or before the date such assessment is made final, bonds shall have been issued, under the
provisions of Division 1 of Article 4 of Chapter 81 of this title, by the...
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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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35-11-21
Section 35-11-21 Enforcement. For the enforcement of such lien, the owners of such land or
their assignees, may have process of attachment from any court having jurisdiction of the
amount claimed leviable upon the timber upon which the lien exists: (1) When such claim is
due and the defendant, on demand, fails or refuses to pay the same. (2) Whether such claim
is due or not, when the defendant has removed any part of such timber from such land without
paying the stipulated price, or the value thereof, when no price has been stipulated, and
without the consent of the owners of such lands, or, if the claim has been assigned, without
the consent of the assignee. (3) Whether such claim is due or not, when the plaintiff has
good cause to believe that the defendant is about to remove any part of such timber from such
land without paying the stipulated price thereof, or, in the event no price has been stipulated,
the value thereof, and without the consent of the owners of such lands, or, if...
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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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6-5-752
Section 6-5-752 Definitions. For purposes of this article, the following definitions shall
apply: (1) ACCIDENT. An incident resulting in personal injury, death, or damage to property
arising out of or relating to commercial aviation aircraft. (2) AIRCRAFT. The meaning given
such term in Section 40102(6) of Title 49 of the United States Code. (3) AIRWORTHINESS CERTIFICATE.
An airworthiness certificate issued under Section 44704(d) of Title 49 of the United States
Code or any predecessor federal statute, or from another airworthiness authority. (4) COMMERCIAL
AVIATION AIRCRAFT. Any aircraft for which a type certificate or an airworthiness certificate
has been issued by the Administrator of the Federal Aviation Administration of the United
States or another airworthiness authority, which, at the time such certificate was originally
issued, had a seating capacity of 100 or more passengers. (5) DEFENDANT. Any defendant, counter-defendant,
cross-defendant, or third-party defendant named in...
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6-6-280
Section 6-6-280 Election to proceed by action of ejectment or action in nature of ejectment;
proceedings upon action in nature of ejectment. (a) A plaintiff commencing an action for the
recovery of lands or the possession thereof has an election to proceed by an action of ejectment
or by an action in the nature of an action of ejectment as is provided in subsection (b) of
this section. (b) An action for the recovery of land or the possession thereof in the nature
of an action in ejectment may be maintained without a statement of any lease or demise to
the plaintiff or ouster by a casual or nominal ejector, and the complaint is sufficient if
it alleges that the plaintiff was possessed of the premises or has the legal title thereto,
properly designating or describing them, and that the defendant entered thereupon and unlawfully
withholds and detains the same. This action must be commenced in the name of the real owner
of the land or in the name of the person entitled to the possession...
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11-50-91
Section 11-50-91 Payment of assessments generally. The council, in purchasing any sewers or
sewer system the cost of which or any part thereof is to be assessed against the area drained
by such sewer, sewers or sewer system, may provide that the same shall be paid in cash within
30 days after the final assessment, provided the cost of such sewers or sewer system does
not exceed $1,000.00, but if the total cost of such purchase is greater than such sum, any
property owner may, at his election, to be expressed by notifying the city or town official
charged with the duty of collecting such assessments in writing within 30 days after the assessment
is made final, pay such assessment in not less than 10 nor more than 15 equal annual installments,
as determined by the council, which installments shall bear interest at a rate not exceeding
six percent per annum payable annually. And the council may further provide that any person
may further elect to pay each annual installment in four equal...
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