7-7-307
Section 7-7-307 Lien of carrier. (a) A carrier has a lien on the goods covered by a bill of
lading or on the proceeds thereof in its possession for charges after the date of the carrier's
receipt of the goods for storage or transportation, including demurrage and terminal charges,
and for expenses necessary for preservation of the goods incident to their transportation
or reasonably incurred in their sale pursuant to law. However, against a purchaser for value
of a negotiable bill of lading, a carrier's lien is limited to charges stated in the bill
or the applicable tariffs or, if no charges are stated, a reasonable charge. (b) A lien for
charges and expenses under subsection (a) on goods that the carrier was required by law to
receive for transportation is effective against the consignor or any person entitled to the
goods unless the carrier had notice that the consignor lacked authority to subject the goods
to those charges and expenses. Any other lien under subsection (a) is...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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7-7-308
Section 7-7-308 Enforcement of carrier's lien. (a) A carrier's lien on goods may be enforced
by public or private sale of the goods, in bulk or in packages, at any time or place and on
any terms that are commercially reasonable, after notifying all persons known to claim an
interest in the goods. The notification must include a statement of the amount due, the nature
of the proposed sale, and the time and place of any public sale. The fact that a better price
could have been obtained by a sale at a different time or in a method different from that
selected by the carrier is not of itself sufficient to establish that the sale was not made
in a commercially reasonable manner. The carrier sells goods in a commercially reasonable
manner if the carrier sells the goods in the usual manner in any recognized market therefor,
sells at the price current in that market at the time of the sale, or otherwise sells in conformity
with commercially reasonable practices among dealers in the type of...
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7-7-209
Section 7-7-209 Lien of warehouse. (a) A warehouse has a lien against the bailor on the goods
covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession
for charges for storage or transportation, including demurrage and terminal charges, insurance,
labor, or other charges, present or future, in relation to the goods, and for expenses necessary
for preservation of the goods or reasonably incurred in their sale pursuant to law. If the
person on whose account the goods are held is liable for similar charges or expenses in relation
to other goods whenever deposited and it is stated in the warehouse receipt or storage agreement
that a lien is claimed for charges and expenses in relation to other goods, the warehouse
also has a lien against the goods covered by the warehouse receipt or storage agreement or
on the proceeds thereof in its possession for those charges and expenses, whether or not the
other goods have been delivered by the warehouse....
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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For the purpose
of this division, the following terms shall have the respective meanings ascribed by this
section: (1) PERSON or COMPANY. Used interchangeably, includes any individual, firm, copartnership,
association, corporation, receiver, trustee, or any other group or combination acting as a
unit and the plural as well as the singular number, unless the intention to give a more limited
meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama. (4) TAX
YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit sales and
the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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7-7-303
Section 7-7-303 Diversion; reconsignment; change of instructions. (a) Unless the bill of lading
otherwise provides, a carrier may deliver the goods to a person or destination other than
that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery,
on instructions from: (1) The holder of a negotiable bill; (2) The consignor on a nonnegotiable
bill, even if the consignee has given contrary instructions; (3) The consignee on a nonnegotiable
bill in the absence of contrary instructions from the consignor, if the goods have arrived
at the billed destination or if the consignee is in possession of the tangible bill or in
control of the electronic bill; or (4) The consignee on a nonnegotiable bill, if the consignee
is entitled as against the consignor to dispose of the goods. (b) Unless instructions described
in subsection (a) are included in a negotiable bill of lading, a person to which the bill
is duly negotiated may hold the bailee according to the...
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7-7-305
Section 7-7-305 Destination bills. (a) Instead of issuing a bill of lading to the consignor
at the place of shipment, a carrier, at the request of the consignor, may procure the bill
to be issued at destination or at any other place designated in the request. (b) Upon request
of any person entitled as against a carrier to control the goods while in transit and on surrender
of possession or control of any outstanding bill of lading or other receipt covering the goods,
the issuer, subject to Section 7-7-105, may procure a substitute bill to be issued at any
place designated in the request. (Prior version of this section added by Acts 1965, No. 549,
p. 811; repealed by Act 2004-315, p. 464, §1; current section added by Act 2004-315, p. 464,
§1.)...
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7-7-102
Section 7-7-102 Definitions and index of definitions. (a) In this article, unless the context
otherwise requires: (1) "Bailee" means a person that by a warehouse receipt, bill
of lading, or other document of title acknowledges possession of goods and contracts to deliver
them. (2) A "carrier" means a person that issues a bill of lading. (3) "Consignee"
means a person named in a bill of lading to which or to whose order the bill promises delivery.
(4) "Consignor" means a person named in a bill of lading as the person from which
the goods have been received for shipment. (5) "Delivery order" means a record that
contains an order to deliver goods directed to a warehouse, carrier, or other person that
in the ordinary course of business issues warehouse receipts or bills of lading. (6) "Good
faith" means honesty in fact in the conduct or transaction concerned. (7) "Goods"
means all things that are treated as movable for the purposes of a contract for storage or
transportation. (8) "Issuer"...
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