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6-6-453
Section 6-6-453 Payment of indebtedness or liability to clerk; effect thereof; ordering of
deposit by court. (a) When the garnishee admits indebtedness or liability to the defendant
and the defendant has not executed bond for the dissolution of the garnishment, as provided
in Division 4 of this article, the garnishee may, by order of the court first had and obtained,
pay the amount of such indebtedness or liability or so much thereof as the court may direct
into the hands of the clerk, to be held subject to the judgment in the case. Such payment
has the effect to discharge the garnishee from liability for the amount so paid and interest
subsequently accruing thereon, but does not prevent the interposition and trial of collateral
issues as provided in Division 6 of this article. (b) The court may, in its discretion, direct
the clerk to deposit, pending the action, the money at interest in a bank authorized to receive
deposits of public funds. (Code 1896, §§2188, 2189; Code 1907,...
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7-4-207
Section 7-4-207 Transfer warranties. (a) A customer or collecting bank that transfers an item
and receives a settlement or other consideration warrants to the transferee and to any subsequent
collecting bank that: (1) The warrantor is a person entitled to enforce the item; (2) All
signatures on the item are authentic and authorized; (3) The item has not been altered; (4)
The item is not subject to a defense or claim in recoupment (Section 7-3-305(a)) of any party
that can be asserted against the warrantor; and (5) The warrantor has no knowledge of any
insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an
unaccepted draft, the drawer. (b) If an item is dishonored, a customer or collecting bank
transferring the item and receiving settlement or other consideration is obliged to pay the
amount due on the item (i) according to the terms of the item at the time it was transferred,
or (ii) if the transfer was of an incomplete item, according to its terms...
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22-32-8
Section 22-32-8 Issuance of order prohibiting use of source of ionizing radiation for nonpayment
of fees; impoundment or seizure; release on payment of fees, costs, etc.; auction of unredeemed
equipment, etc.; fine for violation of chapter. (a) The Radiation Control Agency shall issue
an order prohibiting the use of sources of ionizing radiation by any person who receives,
possesses, uses, or services a source of ionizing radiation for a fee as required pursuant
to Section 22-32-5 and fails to pay the fee within 45 days of being informed the fee is due.
(b) In addition to the order provided for in subsection (a) of this section, the Radiation
Control Agency, without further notice, may impound or seize any source of ionizing radiation
and any shielding required for safe handling for which an order prohibiting its use has been
issued pursuant to said subsection (a). The person owing the fee required by this chapter
shall also be required to pay any actual costs incurred by the Radiation...
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34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery Fund for
the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved
homeowner may recover actual economic damages, not including interest and court costs, sustained
within the state as the direct result of conduct of a licensee in violation of this chapter
or the rules of the board from the Homeowners' Recovery Fund. Any payments from the Homeowners'
Recovery Fund shall be subject to the following limitations and conditions: (1) The Homeowners'
Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant
to the requirements of subsection (b) of Section 34-14A-8. (2) The Homeowners' Recovery Fund
shall not make payments based on consent judgments. (3) Failure of the homeowner to follow
any provisions of this chapter shall preclude payment from the Homeowners' Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of...
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6-6-723
Section 6-6-723 Judgment for failure to pay over moneys collected or received for county. If
any tax collector, judge of probate, sheriff, clerk, or other officer or person fails to pay
to the county treasurer or other custodian of county funds, within the time prescribed by
law or, in case no time is fixed by law, on the demand of such treasurer or other custodian
of county funds, any money he has collected or received for the county, judgment may be recovered
against such person or such officer and his sureties, or any or either of them, on 10 days'
notice, on motion of such treasurer or other custodian of county funds, in the circuit court
in the name of the county, for the amount so collected or received, with interest from the
time fixed for the payment or from the demand when no time is fixed and 10 percent damages
and costs. (Code 1852, §785; Code 1867, §920; Code 1876, §3396; Code 1886, §3135; Code
1896, §3803; Code 1907, §5939; Code 1923, §10266; Code 1940, T. 7,...
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7-3-206
Section 7-3-206 Restrictive indorsement. (a) An indorsement limiting payment to a particular
person or otherwise prohibiting further transfer or negotiation of the instrument is not effective
to prevent further transfer or negotiation of the instrument. (b) An indorsement stating a
condition to the right of the indorsee to receive payment does not affect the right of the
indorsee to enforce the instrument. A person paying the instrument or taking it for value
or collection may disregard the condition, and the rights and liabilities of that person are
not affected by whether the condition has been fulfilled. (c) If an instrument bears an indorsement
(i) described in Section 7-4-201(b), or (ii) in blank or to a particular bank using the words
"for deposit," "for collection," or other words indicating a purpose of
having the instrument collected by a bank for the indorser or for a particular account, the
following rules apply: (1) A person, other than a bank, who purchases the instrument...
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19-3B-108
Section 19-3B-108 Principal place of administration. (a) Without precluding other means for
establishing a sufficient connection with the designated jurisdiction, terms of a trust designating
the principal place of administration are valid and controlling if: (1) a trustee's principal
place of business is located in or a trustee is a resident of the designated jurisdiction;
or (2) all or part of the administration occurs in the designated jurisdiction. (b) A trustee
shall administer the trust at a place appropriate to its purposes, its administration, and
the interests of the beneficiaries; provided, however, a trustee shall not be required to
transfer the trust's principal place of administration to another state or to a jurisdiction
outside of the United States. (c) Without precluding the right of the court to order, approve,
or disapprove a transfer, the trustee may transfer the trust's principal place of administration
to another state or to a jurisdiction outside of the United...
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40-17-341
Section 40-17-341 Remitting of taxes due to supplier or permissive supplier. (a) Each distributor
or importer shall remit to the supplier or permissive supplier, as applicable, the motor fuel
tax levied by Section 40-17-325 due on motor fuel removed at a terminal rack. At the election
of a licensed distributor or licensed importer, the supplier or permissive supplier may not
require the licensed distributor or licensed importer to pay the tax levied by Section 40-17-325
earlier than one business day before the date the supplier or permissive supplier is required
to pay the tax to this state. An election under this subsection is subject to the condition
that remittances by the licensed distributor or licensed importer of all tax due to the supplier
or permissive supplier shall be paid by electronic funds transfer. An election under this
subsection may be terminated by the supplier or permissive supplier if the licensed distributor
or licensed importer does not make timely payments to...
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7-3-312
Section 7-3-312 Lost, destroyed, or stolen cashier's check, teller's check, or certified check.
(a) In this section: (1) "Check" means a cashier's check, teller's check, or certified
check. (2) "Claimant" means a person who claims the right to receive the amount
of a cashier's check, teller's check, or certified check that was lost, destroyed, or stolen.
(3) "Declaration of loss" means a written statement, made under penalty of perjury,
to the effect that (i) the declarer lost possession of a check, (ii) the declarer is the drawer
or payee of the check, in the case of a certified check, or the remitter or payee of the check,
in the case of a cashier's check or teller's check, (iii) the loss of possession was not the
result of a transfer by the declarer or a lawful seizure, and (iv) the declarer cannot reasonably
obtain possession of the check because the check was destroyed, its whereabouts cannot be
determined, or it is in the wrongful possession of an unknown person or a person that...
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7-3-414
Section 7-3-414 Obligation of drawer. (a) This section does not apply to cashier's checks or
other drafts drawn on the drawer. (b) If an unaccepted draft is dishonored, the drawer is
obliged to pay the draft (i) according to its terms at the time it was issued or, if not issued,
at the time it first came into possession of a holder, or (ii) if the drawer signed an incomplete
instrument, according to its terms when completed, to the extent stated in Sections 7-3-115
and 7-3-407. The obligation is owed to a person entitled to enforce the draft or to an indorser
who paid the draft under Section 7-3-415. (c) If a draft is accepted by a bank, the drawer
is discharged, regardless of when or by whom acceptance was obtained. (d) If a draft is accepted
and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft
is dishonored by the acceptor is the same as the obligation of an indorser under Section 7-3-415(a)
and (c). (e) If a draft states that it is drawn...
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