Article 1 Solvent Banks 5-8A-1
Article 2 Insolvent Banks 5-8A-20 – 5-8A-46

Terms Used In Alabama Code > Title 5 > Chapter 8A

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • authority: The public corporation organized pursuant to this article. See Alabama Code 45-44-244.34
  • authority: A public corporation organized pursuant to the provisions of Article 1 of this chapter, as amended. See Alabama Code 45-45-82.25
  • authority: A public corporation organized pursuant to this chapter. See Alabama Code 45-35-81
  • AUTHORIZING RESOLUTION: A resolution adopted by the governing body of an authorizing subdivision in accordance with Section 11-101A-3, that authorizes the incorporation of an authority under this chapter. See Alabama Code 45-35-81
  • AUTHORIZING SUBDIVISION: Each county and municipality with the governing body of which an application for the incorporation of an authority under this chapter is filed. See Alabama Code 45-35-81
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • blind person: means a natural person who has no vision or whose vision with correcting glasses is so defective as to prevent the performance of ordinary activities for which eyesight is essential, or who has central visual acuity of 20/200 or less in the better eye with correcting glasses, or whose central visual acuity is more than 20/200 in the better eye with correcting glasses but whose peripheral field has contracted to such an extent that the widest diameter of the visual field subtends an angular distance no greater than 20 degrees. See Alabama Code 30-3D-610
  • board: The board of directors of an authority. See Alabama Code 45-45-82.25
  • board: The board of directors of an authority. See Alabama Code 45-35-81
  • board: The State Board of Agriculture and Industries. See Alabama Code 45-45-82.29
  • BOLL WEEVIL: Anthonomus grandis Boheman in any stage of development. See Alabama Code 45-45-82.29
  • bonds: The bonds issued under this article. See Alabama Code 45-44-244.34
  • certificate: A document issued or authorized by the commissioner indicating that a regulated article is not contaminated with boll weevils. See Alabama Code 45-45-82.29
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • code: The Code of Alabama 1975. See Alabama Code 45-35-81
  • commission: The Alabama Public Service Commission;

    (6) FEDERAL SAFETY STANDARDS. See Alabama Code 37-4-90

  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 45-45-82.21
  • commissioner: The Commissioner of Agriculture and Industries or his designated representative. See Alabama Code 45-45-82.29
  • CONCISE LEGAL DESCRIPTION: A reasonably concise description of a particular geographic area which may be by metes and bounds or by reference to government surveys, recorded maps and plats, municipal, county, or state boundary lines, well-defined landmarks and other monuments, or any combination of the foregoing. See Alabama Code 45-45-81.01
  • cotton: Any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle. See Alabama Code 45-45-82.29
  • COTTON BUYER: A person who buys cotton from a producer on a forward contract. See Alabama Code 45-45-82.21
  • COTTON GROWER: Any person who is engaged in and has an economic risk in the business of producing or causing to be produced, for market, cotton. See Alabama Code 45-45-82.29
  • COTTON PRODUCER: A person who grows cotton. See Alabama Code 45-45-82.21
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Any county in the state. See Alabama Code 45-35-81
  • department: The Alabama Department of Agriculture and Industries. See Alabama Code 45-45-82.29
  • DETERMINING COUNTY: Any county the governing body of which shall have made findings and determinations of fact in accordance with the provisions of Section 11-88-3. See Alabama Code 45-45-81.01
  • Devise: To gift property by will.
  • director: A member of the board of directors of the authority. See Alabama Code 45-45-81.01
  • director: A member of the board of an authority. See Alabama Code 45-35-81
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Executor: A male person named in a will to carry out the decedent
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • FEDERAL SECURITIES: Direct obligations of the United States of America for the payment of which the full faith and credit of the United States of America is pledged, or obligations issued by a person controlled or supervised by and acting as an instrumentality of the United States of America, the payment of the principal of, premium, if any, and interest on which is fully and unconditionally guaranteed as a full faith and credit obligation by the United States of America. See Alabama Code 45-35-81
  • Fiduciary: A trustee, executor, or administrator.
  • FISCAL YEAR: A fiscal year of an authorizing subdivision. See Alabama Code 45-35-81
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • GOVERNING BODY: The county commission of a county. See Alabama Code 45-45-82.25
  • GOVERNING BODY: With respect to a county, its county commission or other like governing body, and with respect to a municipality, its city or town council, board of commissioners, or other like governing body. See Alabama Code 45-35-81
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • host: Any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle. See Alabama Code 45-45-82.29
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • improvement: Any sanitary sewage treatment or sewage disposal plant or any sanitary sewer, including mains, laterals, trunk lines, collector lines, outfall lines, force mains, and appurtenant facilities. See Alabama Code 45-45-82.25
  • incorporators: The persons forming a public corporation organized pursuant to the provisions of this article. See Alabama Code 45-45-81.01
  • indenture: A mortgage, mortgage indenture, mortgage and trust indenture, or trust indenture executed by an authority as security for any of its securities. See Alabama Code 45-35-81
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • infested: Actually infested with a boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists. See Alabama Code 45-45-82.29
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Juror: A person who is on the jury.
  • legislature: The Legislature of the state. See Alabama Code 45-35-81
  • municipality: An incorporated city or town of the state. See Alabama Code 45-35-81
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • NEW TERRITORY: Any territory added, by amendment to the certificate of incorporation of an authority, to the area or areas in which that authority is authorized to render water service, fire protection service, sewer service or any thereof. See Alabama Code 45-45-81.01
  • officer: The term includes every person authorized to enforce the game and fish laws of this state, and whenever the possession, use, importation, transportation, storage, sale, offering, or exposing for sale of game birds, animals, or fish is prohibited or restricted, the prohibition or restriction shall extend to and include every part of the game, bird, animal, or fish, and a violation as to each animal, bird, or fish, or part thereof, shall be a separate offense. See Alabama Code 35-11-415
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • permit: A document issued or authorized by the commissioner to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing. See Alabama Code 45-45-82.29
  • person: Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state or of a county or municipality. See Alabama Code 45-45-81.01
  • person: An individual, association, partnership, corporation or other private entity. See Alabama Code 45-45-82.21
  • person: Any individual, corporation, company, society, or association, or other business entity. See Alabama Code 45-45-82.29
  • Personal Property Instrument: means any instrument or document affecting the title to personal property only (as distinguished from real property) that may be now or hereafter required to be filed or titled for record in the probate office, in accordance with the applicable requirements of the laws of this state, including, without limitation, Sections 35-4-50 and 35-4-90. See Alabama Code 45-23-83.01
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws, and the minutes of the proceedings of the board of an authority are kept. See Alabama Code 45-35-81
  • project: Any land and any buildings or other improvements thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use by the United States. See Alabama Code 45-35-81
  • property: Only land which has been subdivided and platted. See Alabama Code 45-45-82.25
  • PUBLIC FIRE PROTECTION FACILITY: A fire protection facility which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest. See Alabama Code 45-45-81.01
  • PUBLIC SEWER SYSTEM: A sewer system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest. See Alabama Code 45-45-81.01
  • PUBLIC WATER SYSTEM: A water system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest. See Alabama Code 45-45-81.01
  • Real Property Instrument: means and includes any instrument or document affecting the title to real property that may now or hereafter be filed for record in the probate office pursuant to the applicable requirements of the laws of this state, including, without limitation, Section 12-13-43, and all statutes providing for the filing and recording of notices or statements of liens of any kind, notices of judgment, and plats or maps showing subdivisions of real estate. See Alabama Code 45-23-83.01
  • REGULATED ARTICLE: Any article of any character carrying or capable of carrying the boll weevil, including but not limited to, cotton plants, seed cotton, other hosts, gin trash, and mechanical cotton pickers. See Alabama Code 45-45-82.29
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • RESORT AREA: An area located outside the corporate limits of any municipality in which the primary use of the majority of the real property is for recreational pursuits or those associated with relaxation, avocation, or pleasure, including vacation homes and facilities and commercial amusement or recreational establishments providing such facilities or goods or services with respect thereto. See Alabama Code 45-45-82.25
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • REVOLVING LOAN FUNDS: The monies provided by the sale of the bonds pursuant to this article. See Alabama Code 45-44-244.34
  • securities: Bonds, notes, warrants, certificates of indebtedness, or other evidences of indebtedness, including, without limiting the generality of the foregoing, notes issued in anticipation of the sale of any of the foregoing. See Alabama Code 45-35-81
  • SERVICE AREA: The geographic area or areas in which an authority is authorized by its certificate of incorporation or any amendment thereto to render water service, fire protection service, sewer service or any thereof, which area may include not only territory located outside the boundaries of any municipality but also territory located within the boundaries of one or more municipalities. See Alabama Code 45-45-81.01
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: The State of Alabama. See Alabama Code 45-44-244.34
  • state: The State of Alabama. See Alabama Code 45-35-81
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.
  • UNITED STATES: The United States of America or any of its departments, agencies, or instrumentalities. See Alabama Code 45-35-81
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Verdict: The decision of a petit jury or a judge.