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6-6-540
Section 6-6-540 Right of action to settle title to lands by person in peaceable possession
thereof. When any person is in peaceable possession of lands, whether actual or constructive,
claiming to own the same, in his own right or as personal representative or guardian, and
his title thereto, or any part thereof, is denied or disputed or any other person claims or
is reputed to own the same, any part thereof, or any interest therein or to hold any lien
or encumbrance thereon and no action is pending to enforce or test the validity of such title,
claim, or encumbrance, such person or his personal representative or guardian, so in possession,
may commence an action to settle the title to such lands and to clear up all doubts or disputes
concerning the same. (Code 1896, §809; Code 1907, §5443; Code 1923, §9905; Code 1940, T.
7, §1109.)...
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8-16-104
Section 8-16-104 Sale of ice regulated. (a) It shall be unlawful for any person, firm or corporation
to sell ice in any other manner than by weight. (b) All ice shall be correctly weighed by
the seller at the time of delivery to the purchaser. All agents or employees of any person,
firm or corporation engaged in the sale and delivery of ice shall be provided with suitable
and correct weighing devices to be used for the purpose of correctly weighing each piece of
ice delivered. (c) It shall be unlawful for any such agent or employee to report or make a
charge for any quantity of ice in excess of the quantity in pounds, or fraction thereof, actually
delivered according to the weight thereof. It shall be unlawful for any person, firm or corporation
delivering ice to refuse, on demand, to allow the purchaser to witness the weighing of the
same at the time of delivery, or to refuse, on demand, to furnish the purchaser with a weight
slip at the time of delivery containing the name of the...
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11-46-68
Section 11-46-68 Miscellaneous offenses. (a) Any person who shall willfully fail or refuse
to perform or discharge any duty relating to absent voters required of him by this article
shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $100.00.
(b) Any person found drunk or intoxicated at or about any polling place during any municipal
election day is guilty of a misdemeanor and, upon conviction, shall be fined not more than
$500.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county
for not more than six months. (c) Any person who, at a municipal election, interferes with
any elector when inside the polling place or when marking the ballot, or unduly influences
or attempts to unduly influence any elector in the preparation of his ballot must, on conviction,
be fined not less than $10.00 nor more than $100.00. (d) Any person who, during or before
a municipal election, willfully removes, tears down, destroys, or defaces any...
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15-4-1
Section 15-4-1 Duty of coroner to take sworn statement on death; direction to summon jury;
service, compensation, and oath of jurors. (a) When a coroner has been informed that a person
has been killed or suddenly died under such circumstances as to afford a reasonable ground
for belief that such death has been occasioned by the act of another by unlawful means, he
must forthwith make inquiry of the facts and circumstances of such death by taking the sworn
statement in writing of the witnesses having personal knowledge thereof and submit the same
to a judge of a court of record or a district attorney. (b) If, upon such preliminary inquiry,
the judge or district attorney is satisfied from the evidence that there is reasonable ground
for believing that such death has been occasioned by the act of another by unlawful means,
he must direct the coroner to forthwith summon a jury of six qualified jurors of the county
to appear before him forthwith at a specified place and inquire into the...
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35-6-116
Section 35-6-116 Sale by sheriff; distribution of proceeds by probate judge. If the crops are
ordered sold, the judge of probate must forthwith issue a writ, directed to the sheriff, commanding
him to sell such crops for division, at a place to be designated in the decree and writ; and
thereupon the sheriff must proceed to advertise and sell such crops at the place designated,
in the same manner as he is required to advertise and sell personal property under execution
issuing from the circuit court; and after making the sale, he shall forthwith make due return,
and pay over the proceeds thereof to the judge of probate, who shall distribute the same among
the parties according to their respective interests. If a forthcoming bond has not been executed
under section 35-6-114 and the sheriff is not in possession of the crops, he shall seize the
same for the purpose of making a sale thereof, if in the hands of any of the parties to the
proceedings. (Code 1876, §3526; Code 1886, §3270;...
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43-2-843
Section 43-2-843 Transactions authorized for personal representatives; exceptions. Except as
restricted or otherwise provided by the will or by an order of court and subject to the priorities
stated in Section 43-8-76, a personal representative, acting prudently for the benefit of
the interested persons, may properly: (1) Retain assets owned by the decedent pending distribution
or liquidation including those in which the representative is personally interested or which
are otherwise improper for trust investment. (2) Receive assets from fiduciaries, or other
sources. (3) Perform, compromise, or refuse performance of the decedent's contracts that continue
as obligations of the estate, as the personal representative may determine under the circumstances.
In performing enforceable contracts by the decedent to convey or lease land, the personal
representative, among other possible courses of action, may do either of the following: a.
Execute and deliver a deed of conveyance for cash...
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6-6-251
Section 6-6-251 Service of process in action for recovery of household furniture and equipment;
effect thereof. When a detinue action is commenced under the provisions of this article for
the recovery of household furniture and equipment and the plaintiff, his agent, or attorney
has made an affidavit that the property sued for belongs to the plaintiff and that the plaintiff
is entitled to the immediate possession of said property by reason of a default in the payment
of the purchase price under a lease sale contract and has executed a bond as required by Section
6-6-250, the sheriff, or other officer authorized to serve process, may serve the summons
and complaint by leaving a copy thereof at the place where the household furniture or equipment
sued for is seized and taken from the premises by the officer serving the process; and such
service shall constitute sufficient service thereof on the defendant for the purpose of obtaining
a judgment against the defendant for the property sued...
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6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
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8-20A-1
Section 8-20A-1 Definitions. As used in this chapter, the following terms shall have the respective
meanings as indicated: (1) CONSUMER. The purchaser, other than for purposes of resale, of
a new or previously untitled motor vehicle used in substantial part for personal, family,
or household purposes, and any other person entitled by the terms of such warranty to enforce
the obligations of the warranty. (2) MOTOR VEHICLE. Every vehicle intended primarily for use
and operation on the public highways which is self-propelled; provided, however, that the
term "motor vehicle" shall not apply to motor homes or to any motor vehicle having
a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more. (3) MANUFACTURER.
The person, firm, or corporation engaged in the business of manufacturing, importing and/or
distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.
(4) MOTOR VEHICLE DEALER or AUTHORIZED DEALER. The person, firm, or corporation...
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11-47-116
Section 11-47-116 Taking up and storing of abandoned and stolen personal property; redemption
by owner; sale and disposition of proceeds. (a) All municipalities are hereby authorized to
provide by ordinance for the taking up and storing of abandoned and stolen personal property
found within the corporate limits or outside the corporate limits but within the police jurisdictions
and to sell the same in the manner provided in subsection (b) of this section. A permanent
record giving the date of the taking of each piece of such property, the place where found
and taken and a description of the property shall be kept. The property so taken shall be
stored in a suitable place to protect it from deterioration; provided, that if the property
be perishable the same may be sold at once without notice, in which case the proceeds shall
be held for a period of six months for the account of the owner and if not called for within
that time shall be converted into the general fund. (b) At least every...
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