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7-5-111
Section 7-5-111 Remedies. (a) If an issuer wrongfully dishonors or repudiates its obligation
to pay money under a letter of credit before presentation, the beneficiary, successor, or
nominated person presenting on its own behalf may recover from the issuer the amount that
is the subject of the dishonor or repudiation. If the issuer's obligation under the letter
of credit is not for the payment of money, the claimant may obtain specific performance or,
at the claimant's election, recover an amount equal to the value of performance from the issuer.
In either case, the claimant may also recover incidental but not consequential damages. The
claimant is not obligated to take action to avoid damages that might be due from the issuer
under this subsection. If, although not obligated to do so, the claimant avoids damages, the
claimant's recovery from the issuer must be reduced by the amount of damages avoided. The
issuer has the burden of proving the amount of damages avoided. In the case of...
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45-37-140.11
Section 45-37-140.11 Service charge; fire dues. (a) The expense of establishing and maintaining
a district shall be paid for from the proceeds of any service charge or fire dues which shall
be levied and collected in an amount sufficient to pay the expense. The service charge or
any fire dues shall be levied upon and collected from the property owners served by the system.
The service charge or fire dues shall be the personal obligation of the owner of the property
served by the system; and to secure the collection of any service charge or fire dues there
shall be a lien against the property in favor of the district. The lien may be enforced in
either of the following ways: (1) The lien shall be enforceable by sale thereof in the same
manner in which the foreclosure of a municipal assessment for public improvements is authorized.
(2) The tax assessor, tax collector, or other public official performing the functions of
the Tax Assessor and Tax Collector of Jefferson County, upon request...
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40-12-22
Section 40-12-22 Disposition of moneys by probate judge. Within 20 days after the end of each
month, the probate judge must remit to the State Treasurer at the expense of the state all
money received by him for licenses belonging to the state and pay to the county treasurer
all the money received by him for licenses belonging to the county, and within the same time
the probate judge shall forward to the Comptroller and to the Department of Revenue each certified
list of all licenses issued by him, stating thereon for what business issued, amount collected
for each license, from whom collected, and the date of such collection; and, if no licenses
have been issued, he shall report that fact; provided, that for the months of October, November,
and December of each calendar year, the probate judge shall be granted an additional period
of 10 days in which to make the remittances and certification of lists above specified and
for such months shall be required to make such remittances and...
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41-5A-20
Section 41-5A-20 Settlement of charges; recovery of overpayments. (a) The chief examiner shall
keep a docket in which shall be entered, in favor of the state, county, or municipality, as
the case may be, cases against persons who have not properly and lawfully accounted for all
sums of money coming into their hands as public officers, agents, or employees. If an amount
found to be due the state, county, or other governmental unit or agency as a result of an
examination or audit is not settled upon demand by the examiner, the chief examiner shall
immediately issue notice to the person in default and require him or her to appear on a day
certain and show cause why the amount due should not be paid. If the defaulting officer fails
to settle or to show just cause why the amount due should not be collected, the chief examiner
shall certify such facts and the amount due the state to the Attorney General, and the Attorney
General shall bring a civil action in the name of the state against the...
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18-1A-212
Section 18-1A-212 Crediting amounts paid or withdrawn from deposited funds. (a) The judgment
shall credit against the total amount awarded to the defendant any payments made before the
date of entry of the judgment by plaintiff to the defendant as compensation for the property
taken, plus any funds which the defendant withdrew from money deposited by the plaintiff.
(b) If the amount to be credited against the award under subsection (a) exceeds the total
amount awarded, the judgment shall require the defendant to pay the excess to the plaintiff
or other person entitled thereto. (Acts 1985, No. 85-548, p. 802, §1203.)...
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40-29-24
Section 40-29-24 Surrender of property subject to levy; "person" defined. (a) Requirement.
Except as otherwise provided in subsection (b), any person in possession of (or obligated
with respect to) property or rights to property subject to levy upon which a levy has been
made shall, upon demand of the Commissioner of Revenue or his delegate, surrender such property
or rights (or discharge such obligation) to the Commissioner of Revenue or his delegate, except
such part of the property or rights as is, at the time of such demand, subject to an attachment
or execution under any judicial process. (b) Enforcement of levy. (1) EXTENT OF PERSONAL LIABILITY.
Any person who fails or refuses to surrender any property or rights to property, subject to
levy, upon demand by the Commissioner of Revenue, shall be liable in his own person and estate
to the State of Alabama in a sum equal to the value of the property or rights not so surrendered,
but not exceeding the amount of taxes for the...
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25-5-231
Section 25-5-231 Acceptance of assignment of employee compensation claim, etc. Any person,
other than a beneficiary under this chapter, who for a consideration takes or accepts from
an employee an assignment of his claim or award or judgment for, or agreement to pay, compensation,
or who accepts or takes same as security for a loan or a debt, or who takes a power of attorney
to collect the same, retaining any interest in the amount to be collected, shall be guilty
of a misdemeanor and, on conviction, may be imprisoned in the county jail or sentenced to
hard labor for the county for not more than 12 months and must also be fined not more than
$500.00. (Acts 1919, No. 245, p. 206; Code 1923, §4003; Code 1940, T. 26, §325.)...
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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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45-35A-51.26
Section 45-35A-51.26 Certification of payrolls. (a) It shall be unlawful for any city official,
employee, or other officer to pay or cause to be paid any salary or compensation to any person
in the classified service of the city, for personal services, unless the payroll estimate,
voucher, or account, for such compensation, containing the name of the persons to be paid,
shall bear the certification of such persons' department head or appointing authority that
the person or persons named therein are employees of the city and are legally entitled to
receive the sums stated therein and such payroll or voucher must be approved by the director.
(b) Any sum paid in violation of this part or the rules and regulations adopted thereunder
may be recovered, in any action maintained in the name of the city, by the city attorney,
or by any citizen or taxpayer of the city, from the officer who made, authorized, or approved
such payment or who signed or countersigned any voucher, payroll, check, or...
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40-6-3
Section 40-6-3 Life tenure; compensation; cost-of-living increase. (a) Every supernumerary
official shall serve for life and shall receive from the county governing body, in equal monthly
installments on the first of each month, or in such installments as other county officials
or employees are paid, an annual salary as follows: (1) For 12 years' service the official
shall receive 60 percent of the average compensation during the last four years served as
an official charged with assessing and collecting ad valorem taxes. (2) For 14 years' service
the official shall receive 65 percent of the average compensation. (3) For 16 years the official
shall receive 70 percent of the average compensation. (4) For 18 or more years the official
shall receive 75 percent of the average compensation; provided, however, no person shall receive
more than forty-nine thousand six hundred dollars ($49,600) per year. The county governing
body may, by majority vote of the membership, elect to increase or...
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