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6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect
of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property
and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if
the defendant has retained possession of the chattels, giving bond, the court may order the
chattels to be delivered to such claimant on his giving bond with sufficient surety, to be
approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant
with condition that if he is not successful in the action he will, within 20 days thereafter,
deliver the chattels and pay all such damages as may be assessed for the detention thereof
and all costs adjudged against him. If such person refuses or neglects to give such bond for
three days after service of his first pleading or motion in the action, the chattels must
be delivered to the plaintiff on his giving bond with sufficient surety, to be...
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6-6-294
Section 6-6-294 Retention of possession for one year by defendant if crop planted or growing
upon filing bond; force and effect of bond. (a) If the defendant has a crop planted or growing
on the premises and the court or jury finds for the plaintiff, they must also ascertain the
rental value of the premises during the current year, and no writ of possession can be issued
until the expiration of the year if the defendant executes a bond in double the amount of
such rent payable to the plaintiff, with surety approved by the clerk, conditioned to pay
the rent so assessed at the expiration of the year. (b) The bond must be filed in the office
of the clerk and, if the rent is not paid at the expiration of the year, has the force and
effect of a judgment; and thereon, execution for the amount of the rent must issue against
all the obligors or such of them as may be living. (Code 1852, §§2199, 2200; Code 1867,
§§2600, 2601; Code 1876, §§2949, 2950; Code 1886, §§2712, 2713; Code 1896,...
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19-3-37
Section 19-3-37 Examination and auditing of account; judgment. Upon the day so appointed, or
any day to which the hearing may be continued, the register or clerk must proceed to examine
and audit the account; and upon such auditing, the assignor or any creditor or party in interest,
his representative or transferee, may move the register or clerk to charge the trustee with
sums other than those with which he has charged himself, or may object to the allowance of
any item for which he claims credit; and such matters must be heard and the account stated
and passed upon by the register or clerk and distribution made and judgment to creditors as
in insolvent estates administered in the court of probate; and after deducting the costs and
expenses of administration, including five percent commissions to the trustee on the amount
of money with which he is charged, and the allowance of reasonable charges for the preparation
of the deed of assignment, and after the discharge of all liens or...
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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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2-16-3
Section 2-16-3 Permit required; refusal or revocation of permit; appeal and review. (a) No
person, firm or corporation shall operate a public hatchery, and no chick dealer or jobber
shall operate within this state without first obtaining an annual permit from the state Commissioner
of Agriculture and Industries to so operate. The fee to be paid for such annual permit shall
be established by the Board of Agriculture and Industries not to exceed sixty dollars ($60),
which shall be due and payable on January 1 of each year; and, unless such permit fee is paid
within 30 days, a 15 percent delinquent penalty shall be added. All permit fees, including
delinquent penalty fees, shall be paid into the Agricultural Fund of the State Treasury. The
permit may be revoked for a violation of this article or the regulations promulgated under
this article. (b) Any person who is refused a permit or whose permit is revoked may appeal
from the decision of such commissioner to the State Board of...
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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...
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25-2-13
Section 25-2-13 Board of appeals - Powers and duties generally; appeals from findings as to
dangerous condition, etc., of machines, etc. (a) The functions and duties of the board of
appeals shall be as follows: (1) To hear and determine appeals under Chapter 4 of this title.
(2) To hold public hearings on proposed safety rules and regulations and amendments and repeals
thereof, and to promulgate and publish such rules and regulations and amendments and repeals
as provided in this chapter. (3) To hear and determine appeals from the finding of any officers
or employees of the Department of Labor that any machine, tool, equipment or structure is
in a dangerous condition or is not properly guarded or is dangerously placed, when the discontinuance
of the use thereof has been ordered. (b) When such appeal is taken by a person affected by
such order, no appeal shall be taken from such determination of the board of appeals, except
on questions of law or on the ground that the determination is...
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2-15-61
Section 2-15-61 Permits required for operation of livestock markets; applications; issuance;
revocation; appeals. (a) No person shall operate a livestock market in the State of Alabama
without first having obtained from the commissioner, as required by this division, an annual
permit therefor. (b) The application for such a permit shall be made upon forms furnished
by the department, which shall be verified by affidavit of the applicant which shall include
all of the following information: (1) The name and address of the applicant or applicants
and, if a corporation, its officers, and if a partnership, the names and addresses of its
partners. (2) The place where applicant proposes to operate a livestock market. (3) A description
of the property and facilities proposed to be used as a livestock market. (4) The kind of
livestock the applicant proposes to handle at the livestock market and the day or days of
the week the applicant proposes to conduct sales. (5) A financial statement of...
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11-51-191
Section 11-51-191 Determination of amounts due; preliminary and final assessments; review;
appeal; refund for overpayment. (a) If the taxing jurisdiction determines that the amount
of any business license tax reported on or remitted with a business license remittance form
is incorrect, if no business license remittance form is filed within the time prescribed,
or if the information provided on the form is insufficient to allow the taxing jurisdiction
to determine the proper amount of business license tax due, the taxing jurisdiction may calculate
the correct amount of the tax based on the most accurate and complete information reasonably
obtainable. The taxing jurisdiction may thereafter enter a preliminary assessment for the
correct amount of business license tax, including any applicable penalty and interest. Nothing
contained herein shall limit or restrict a municipality's right to seek injunctive relief
under Section 11-51-150, et seq. (b) If the amount of business license tax...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-191.htm - 13K - Match Info - Similar pages
2-19-63
Section 2-19-63 Enforcement of rules and regulations, etc.; denial or revocation of permits.
(a) It shall be the duty of the commissioner to enforce the requirements of law relative to
cotton gins and to see that all rules and regulations relative to cotton gins that may be
established from time to time by him and approved by the State Board of Agriculture and Industries
are observed. (b) The said commissioner shall have power to refuse to issue a permit and to
revoke at any time the permit that has been issued to any cotton ginner who fails or refuses
to comply with the law or with the rules and regulations of the State Board of Agriculture
and Industries. (c) Any cotton ginner to whom such commissioner refuses to issue a permit
or whose permit has been revoked may appeal to the State Board of Agriculture and Industries,
which shall consider the matter with as little delay as possible and make such order as may
be justified by the facts. (d) The action of the board in refusing to...
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