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Section 1-3-1
Section 1-3-1 Common law of England adopted.
The common law of England, so far as it is not inconsistent with the Constitution, laws and institutions of this state, shall, together with such institutions and laws, be the rule of decisions, and shall continue in force, except as from time to time it may be altered or repealed by the Legislature.
(Code 1907, §12; Code 1923, §14; Code 1940, T. 1, §3.)
Section 1-3-2
Section 1-3-2 When undertaking without seal sufficient.
When by law a bond is required, an undertaking without seal is sufficient, and must be taken in all respects as if the same were a sealed instrument.
(Code 1852, §9; Code 1867, §9; Code 1876, §9; Code 1886, §9; Code 1896, §9; Code 1907, §9; Code 1923, §10; Code 1940, T. 1, §4.)
Section 1-3-3
Section 1-3-3 Execution of bonds, warrants, notes, etc., with facsimile signatures and seals.
(a) In any instance where any bond, warrant, note or certificate is issued by any county, municipality, board of education or public corporation in this state and is required or permitted to be executed or attested by more than one person, a facsimile of the signature of any one or more of the persons or officers executing or attesting the same may be imprinted or otherwise reproduced on such instrument; provided, that at least one signature so required shall be manually subscribed thereon. In any instance where any interest coupons are attached to any such bond, warrant, note or certificate in evidence of installments of interest payable thereon, a facsimile of any or all of the signatures required or permitted thereon may be imprinted or otherwise reproduced thereon, and it shall not be necessary that any signature be manually inscribed on any such interest coupon. Any signature required or permitted to be placed on any such instrument for the purpose of attesting or authenticating the same, or certifying to the registration or validation thereof, or certifying to any other matter pertaining thereto, may be imprinted or otherwise reproduced thereon in facsimile, and it shall not be necessary that such signature be manually inscribed thereon. Any seal required or permitted to be affixed or impressed on any such instrument may be imprinted or otherwise reproduced thereon in facsimile.
(b) Notwithstanding the fact that, prior to delivery of any bond, warrant, note or certificate executed as provided in the preceding subsection, any of the officers whose signatures appear thereon should cease to hold office, such instrument shall be valid to the same extent as if the officers whose signatures appear thereon were serving as such officers at the time of such delivery.
(c) This section shall not be construed to repeal any other law authorizing the execution with facsimile signatures of, or the reproduction of facsimile seals on, bonds, warrants, notes or certificates for the payment of money.
(Acts 1959, No. 259, p. 823.)
Section 1-3-4
Section 1-3-4 Fiscal year of state.
The fiscal year of the government shall commence on the first day of October and end on the thirtieth day of September. This fiscal year shall be used for purposes of making appropriations and of financial reporting and shall be uniformly adopted by all departments, institutions, bureaus, boards, commissions and other state agencies.
(Code 1852, §371; Code 1867, §424; Code 1876, §355; Code 1886, §112; Code 1896, §2011; Code 1907, §614; Code 1923, §822; Acts 1932, Ex. Sess., No. 37, p. 35; Code 1940, T. 1, §13.)
Section 1-3-5
Section 1-3-5 Reclassification date.
The one hundred twentieth day after the first day of the first regular legislative session held next after the publication by the federal government of the regular federal decennial population census for Alabama is hereby fixed as the date for any reclassification under any law requiring classification based on such said census. The provisions of this section shall not apply to any law which provides for the levying or collection of license taxes on a population basis or the distribution of state and county collected or administered revenue or funds on a population basis, and the population as disclosed by any federal decennial census, as soon as the same is proclaimed, published or certified by the Director of the United States Census Bureau, shall be used in administering any such law.
(Acts 1939, No. 233, p. 388; Code 1940, T. 1, §14; Acts 1951, No. 174, p. 415; Acts 1961, No. 97, p. 114.)
Section 1-3-6
Section 1-3-6 Fees of certain county and city officials to be paid into local treasury.
In all counties and cities where officials are paid on a salary basis instead of a fee basis, all fees required under the terms of this Code to be paid to or collected by such officials shall be paid by said officials into the treasury of the county or municipality or to the official performing the duties of county treasurer or municipal treasurer except as otherwise provided by law.
(Acts 1935, No. 194, p. 256; Code 1940, T. 1, §16.)
Section 1-3-7
Section 1-3-7 Notice, etc., required to be served by registered mail may be served by certified mail.
In any case or matter in which the giving or serving of any notice, subpoena, citation or other writing by registered mail is authorized or required by law, such notice, subpoena, citation or other writing may be given or served by certified mail in lieu of registered mail. The person mailing such notices, subpoenas, citations or other writings shall stipulate that the delivery thereof shall be limited to the addressee only in those instances in which the law requires such limited delivery when service is by registered mail and shall demand a @return receipt@ in those instances in which the law requires a @return receipt@ when service is by registered mail. Whenever any statute authorizes or requires giving or serving any notice, subpoena, citation or other writing by registered mail, such statute shall be construed to authorize such giving or serving thereof also by certified mail.
(Acts 1956, 2nd Ex. Sess., No. 35, p. 319.)
Section 1-3-8
Section 1-3-8 Holidays enumerated; personal leave days; state holidays observed by closing of state offices; compensatory leave days.
(a) Sunday, Christmas Day, New Year*s Day, Martin Luther King, Jr.*s birthday, Robert E. Lee*s birthday, George Washington*s birthday, Thomas Jefferson*s birthday, Confederate Memorial Day, National Memorial Day, Jefferson Davis* birthday, the Fourth day of July, Labor Day, Columbus Day and Fraternal Day, Veterans* Day, American Indian Heritage Day, and the day designated by the Governor for public thanksgiving shall each be deemed a holiday. If any holiday falls on Sunday, the following day is the holiday. If any holiday falls on Saturday, the preceding day is the holiday. Veterans* Day shall be observed by the closing of all state, county, and municipal offices, all banks located within this state, and the public schools on such day. Public schools, grades K to 12, inclusive, and all public two-year institutions of higher education shall also be closed on National Memorial Day, and such closing shall be applicable to all students and non-essential employees. The Superintendent of Banks, with the concurrence of not less than two members of the state Banking Board, may authorize any state bank to close on National Memorial Day, the last Monday in May, and on such other days as may be declared by the Governor to be state holidays in honor of a special event. If any authorized state holiday falls on Friday, the Superintendent of Banks may authorize the Saturday following that Friday to be a holiday. The superintendent may also authorize the closing of banks at 12:00 noon on the day prior to Christmas Day, and the day prior to New Year*s Day, if such days fall on business days.
(b) Of the above enumerated legal public holidays, the following shall be observed on the dates herein prescribed:
(1) Robert E. Lee*s birthday - the third Monday in January.
(2) George Washington*s birthday - the third Monday in February.
(3) Confederate Memorial Day - the fourth Monday in April.
(4) Jefferson Davis* birthday - the first Monday in June.
(5) Columbus Day and Fraternal Day - the second Monday in October.
(6) Veterans* Day - the eleventh day of November.
(7) Martin Luther King, Jr.*s birthday - the third Monday in January.
(8) National Memorial Day - the last Monday in May.
(9) Thomas Jefferson*s birthday - the third Monday in February.
(10) American Indian Heritage Day - the second Monday in October.
(c) In addition to the legal holidays provided above, Mardi Gras shall be deemed a holiday in Mobile and Baldwin Counties and all state offices shall be closed in those counties on Mardi Gras.
(d) In addition to the legal holidays provided above all state employees, except those employed in Baldwin and Mobile Counties, shall be granted one personal leave day per year. The personal leave day shall be granted on January 1 of each year. All state employees employed in Baldwin and Mobile Counties shall be granted no personal leave day. All such personal leave days granted in any year shall be used by the end of the calendar year. All such personal leave days shall be scheduled during the year with the approval of the supervisor. Supervisors failing to schedule personal leave days for employees shall justify that action in writing to the Director of State Personnel and the employee shall receive pay at a rate not less that the employee*s usual and customary rate of pay for any personal leave day not taken by December 31 of each year.
(e) All state holidays shall be observed by the closing of all state offices. Any state office may remain open on a state holiday upon written notice by the appointing authority to the State Personnel Board at least 60 days in advance of the holiday. Provided, that any state office may be opened in the event of an emergency and the State Personnel Board may grant a blanket approval for the openings of state offices needing to be open on holidays on a regular basis for essential services. Any state employee working on a state holiday shall receive a day of compensatory leave or paid compensation in lieu of the holiday as provided herein.
(f) Each employee shall attempt to schedule any compensatory leave day provided in lieu of a regularly scheduled holiday, subject to the approval of the supervisor, during the quarter that the regularly scheduled holiday occurred. If any compensatory leave day cannot be scheduled during the designated quarter, the compensatory leave day may be accumulated at the request of the employee for up to one year. Supervisors failing to schedule compensatory leave days for employees within the quarter, unless the day is carried forward at the request of the employee, shall justify that action in writing to the Director of State Personnel and the employee shall receive pay at a rate not less than the employee*s usual and customary rate of pay for any compensatory leave day to which the employee may be entitled and which has not been taken.
(Code 1852, §1528; Code 1867, §1836; Code 1876, §2097; Code 1886, §1759; Code 1896, §872; Code 1907, §5141, 5144; Acts 1909, No. 146, p. 126; Acts 1911, No. 142, p. 120; Acts 1915, No. 287, p. 318; Acts 1919, No. 640, p. 885; Code 1923, §9212, 9215; Acts 1933, Ex. Sess., No. 173, p. 183; Code 1940, T. 39, §184; Acts 1951, No. 760, p. 1318; Acts 1965, No. 549, p. 811; Acts 1969, Ex. Sess., No. 218, p. 286; Acts 1969, No. 978, p. 1724; Acts 1969, No. 1103, p. 2040; Acts 1971, 1st Ex. Sess., No. 49, p. 87; Acts 1975, 1st Ex. Sess., No. 46, p. 94, §1; Acts 1980, No. 80-578, p. 890, §1; Acts 1984, No. 84-271, p. 456; Acts 1989, No. 89-789, p. 1576, §§1-3; Acts 1991, No. 91-250, p. 475, §1, Act 2000-114, p. 167, §1; Act 2002-390, p. 981, §1.)
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