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5-5A-45
Section 5-5A-45 Initiation of run on banks, etc. Any person or persons whose business it is,
either as individuals, agents or officers of banks, to receive checks, drafts and demands,
when the same are not entitled to days of grace, upon any bank, and who receives the same,
for collection and retains the same for an unreasonable time, without making known to the
drawee bank that such collections and demands are held for collection, in order to accumulate
a large amount for the purpose of starting what is commonly called a "run" on such
bank, or for the purpose of embarrassing such drawee bank shall be guilty of a misdemeanor.
(Acts 1980, No. 80-658, §5-5-45.)...
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7-4-105
Section 7-4-105 "Bank"; "depositary bank"; "payor bank"; "intermediary
bank"; "collecting bank"; "presenting bank." In this article: (1)
"Bank" means a person engaged in the business of banking, including a savings bank,
savings and loan association, credit union, or trust company; (2) "Depositary bank"
means the first bank to take an item even though it is also the payor bank, unless the item
is presented for immediate payment over the counter; (3) "Payor bank" means a bank
that is the drawee of a draft; (4) "Intermediary bank" means a bank to which an
item is transferred in course of collection except the depositary or payor bank; (5) "Collecting
bank" means a bank handling an item for collection except the payor bank; (6) "Presenting
bank" means a bank presenting an item except a payor bank. (Acts 1965, No. 549, p. 811;
repealed by Acts 1995, No. 95-668, p. 1381, §2; added by Acts 1995, No. 95-668, p. 1381,
§2.)...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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45-35-160.01
Section 45-35-160.01 Payments by credit card. (a)(1) The use of credit cards for any payments
made to a Houston County department, agency, board, or commission may be authorized upon approval
by the Houston County Commission as provided in subsection (b), and if authorized, shall be
accepted pursuant to rules and regulations promulgated by the Houston County Commission. The
rules and regulations shall include specific procedures for the acceptance of credit card
payments, including, but not limited to, provision for the payment of any discount or administrative
fee charged by the credit card issuer. The Houston County Commission may impose the assessment
of a surcharge or convenience fee from the person paying by credit card in an amount not greater
than the transaction fee charged by the credit card issuer. (2) Except as otherwise provided,
this section shall be construed to allow acceptance of credit card payments of any types of
amounts payable to Houston County as authorized by the...
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45-49-160.04
Section 45-49-160.04 Payments by credit card. (a) For purposes of this section, the term credit
card includes any credit card, charge card, or debit card issued by any bank, foreign lender,
domestic lender, or credit card bank as defined in Section 5-20-3. (b) Notwithstanding any
other provision of law to the contrary, any Mobile County elected official required or authorized
to receive or collect any payments to state or county government may accept payment of the
amount by credit card, as defined herein. (c) This section shall be broadly construed to authorize
acceptance of credit card payments by county elected officials including, but not limited
to, the Mobile County Revenue Commissioner, the Mobile County License Commissioner, the Mobile
County Judge of Probate, the Mobile County Commission, and the Sheriff of Mobile County. This
section shall be broadly construed to authorize acceptance of credit card payments of all
types of amounts payable including, but not limited to, taxes,...
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7-8-108
Section 7-8-108 Warranties in direct holding. (a) A person who transfers a certificated security
to a purchaser for value warrants to the purchaser, and an indorser, if the transfer is by
indorsement, warrants to any subsequent purchaser, that: (1) the certificate is genuine and
has not been materially altered; (2) the transferor or indorser does not know of any fact
that might impair the validity of the security; (3) there is no adverse claim to the security;
(4) the transfer does not violate any restriction on transfer; (5) if the transfer is by indorsement,
the indorsement is made by an appropriate person, or if the indorsement is by an agent, the
agent has actual authority to act on behalf of the appropriate person; and (6) the transfer
is otherwise effective and rightful. (b) A person who originates an instruction for registration
of transfer of an uncertificated security to a purchaser for value warrants to the purchaser
that: (1) the instruction is made by an appropriate person,...
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35-10-1
Section 35-10-1 Power of sale constitutes part of security; by whom executed; effect of conveyance;
index of foreclosure deeds. Where a power to sell lands is given to the grantee in any mortgage,
or other conveyance intended to secure the payment of money, the power is part of the security,
and may be executed by any person, or the personal representative of any person who, by assignment
or otherwise, becomes entitled to the money thus secured; and a conveyance of the lands sold
under such power of sale to the purchaser at the sale, executed by the mortgagee, any assignee
or other person entitled to the money thus secured, his agent or attorney, or the auctioneer
making the sale, vests the legal title thereto in such purchaser. Probate judges shall index
foreclosure deeds by the names of the original grantor and grantee in the mortgage, and also
by the names of the grantor and grantee in the foreclosure deeds. (Code 1852, §1319; Code
1967, §1589; Code 1876, §2198; Code 1886,...
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35-10-12
Section 35-10-12 Execution of foreclosure by power of sale; effect; indexing of deeds. Where
a power to sell lands is given in any mortgage, the power is part of the security and may
be executed by any person, or the personal representative of any person who, by assignment
or otherwise, becomes entitled to the money thus secured. A conveyance of the lands sold under
such power of sale to the purchaser at the sale may be executed by the mortgagee, their agents,
attorneys or any person making the sale. Such conveyance vests the legal title of the lands
sold under the power of sale to the purchaser at the sale. Probate judges shall index foreclosure
deeds by the name of the original grantor and grantee in the mortgage, deed of trust, or other
conveyance intended to secure the payment of money, and also by the names of the grantor and
grantee in the foreclosure deed. (Acts 1988, 1st Ex. Sess., No. 88-906, p. 479 §2.)...
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7-2-104
Section 7-2-104 Definitions: "Merchant"; "between merchants"; "financing
agency." (1) "Merchant" means a person who deals in goods of the kind or otherwise
by his occupation holds himself out as having knowledge or skill peculiar to the practices
or goods involved in the transaction or to whom such knowledge or skill may be attributed
by his employment of an agent or broker or other intermediary who by his occupation holds
himself out as having such knowledge or skill. (2) "Financing agency" means a bank,
finance company or other person who in the ordinary course of business makes advances against
goods or documents of title or who by arrangement with either the seller or the buyer intervenes
in ordinary course to make or collect payment due or claimed under the contract for sale,
as by purchasing or paying the seller's draft or making advances against it or by merely taking
it for collection whether or not documents of title accompany or are associated with the draft.
"Financing...
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7-4A-405
Section 7-4A-405 Payment by beneficiary's bank to beneficiary. (a) If the beneficiary's bank
credits an account of the beneficiary of a payment order, payment of the bank's obligation
under Section 7-4A-404(a) occurs when and to the extent (i) the beneficiary is notified of
the right to withdraw the credit, (ii) the bank lawfully applies the credit to a debt of the
beneficiary, or (iii) funds with respect to the order are otherwise made available to the
beneficiary by the bank. (b) If the beneficiary's bank does not credit an account of the beneficiary
of a payment order, the time when payment of the bank's obligation under Section 7-4A-404(a)
occurs is governed by principles of law that determine when an obligation is satisfied. (c)
Except as stated in subsections (d) and (e), if the beneficiary's bank pays the beneficiary
of a payment order under a condition to payment or agreement of the beneficiary giving the
bank the right to recover payment from the beneficiary if the bank does...
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