Claims and Demands Against County.

Ala. Code tit. 11, tit. 1, ch. 12

in effect

Ala. Code § 11-12-1 Indemnification of Owners for Injuries, Etc., Caused by Dipping of Cattle - Authorized.

11-12-1. Indemnification of Owners for Injuries, Etc., Caused by Dipping of Cattle - Authorized. The county commission may, in its discretion, indemnify from the funds of such county the owners of cattle for injuries, damages, or deaths caused by the dipping of such cattle in compliance with the laws of the state and the rules and regulations of the State Board of Agriculture and Industries; provided, that such injuries, damages, or deaths have been caused by the failure or negligence of the regularly qualified inspector commissioned by the State Board of Agriculture and Industries to see that the arsenical solution used in the dipping vat is not over the standard of strength recommended by the United States Bureau of Animal Industry or the State Board of Agriculture and Industries or by any negligence on the part of any officer or employee of the state or the State Board of Agriculture and Industries and when the negligence of the owner or person in charge of such cattle has not contributed to the injury, damage, or death. (Acts 1919, No. 732, p. 1082; Code 1923, §6790; Code 1940, T. 12, §111.)

Ala. Code § 11-12-2 Indemnification of Owners for Injuries, Etc., Caused by Dipping of Cattle - Limitations of Liability - Carelessness, Etc., of Owners or Agents.

11-12-2. Indemnification of Owners for Injuries, Etc., Caused by Dipping of Cattle - Limitations of Liability - Carelessness, Etc., of Owners or Agents. No county shall be liable under the provisions of Section 11-12-1 for any injury, damage, or death which may be caused by the actual handling of such cattle by the owners or agents of such owners in driving such cattle to and from the vat or for injuries, damages, or deaths caused by the carelessness, neglect, or roughness in driving cattle through such vats. (Acts 1919, No. 732, p. 1082; Code 1923, §6791; Code 1940, T. 12, §112.)

Ala. Code § 11-12-3 Indemnification of Owners for Injuries, Etc., Caused by Dipping of Cattle - Limitations of Liability - Absence of Inspector.

11-12-3. Indemnification of Owners for Injuries, Etc., Caused by Dipping of Cattle - Limitations of Liability - Absence of Inspector. No county shall be liable for injuries, damages, or deaths caused during the absence of the regularly qualified inspector commissioned by the State Board of Agriculture and Industries. (Acts 1919, No. 732, p. 1082; Code 1923, §6792; Code 1940, T. 12, §113.)

Ala. Code § 11-12-4 Auditing, Registration, and Payment of Claims Generally; Requirements as to Bonds and Interest Coupons.

11-12-4. Auditing, Registration, and Payment of Claims Generally; Requirements as to Bonds and Interest Coupons. The county commission must audit all claims against the county, and every claim or such part thereof as is allowed must be registered in a book kept for that purpose and the chairman of the county commission must give the claimant a warrant on the treasury for the amount so allowed, but bonds and interest coupons evidencing interest on such bonds lawfully issued by the county shall not be required to be registered or to be proved nor shall warrants be required to issue therefor, but, in addition to all other privileges, shall be held to enjoy all the privileges of registered warrants from the date of their lawful issue and shall be held to be allowed claims from the date of their lawful issue. (Code 1852, §773; Code 1867, §907; Code 1876, §826; Code 1886, §901; Code 1896, §1416; Code 1907, §146; Acts 1923, No. 483, p. 634; Code 1923, §224; Code 1940, T. 12, §114; Acts 1980, No. 80-808, p. 1663.)

Ala. Code § 11-12-5 Claims to Be Itemized, Registered and Filed.

11-12-5. Claims to Be Itemized, Registered and Filed. No claim against the county shall be passed upon or allowed by the county commission unless it is itemized by the claimant or some person in his behalf having personal knowledge of the facts and all claims passed upon and allowed according to this section must be entered in the order in which they are allowed in a book kept for that purpose and filed for future reference within two weeks after the meeting at which such allowances were made, and the claim must show whether or not any part thereof has been paid. This section shall not apply to bonds and interest or interest coupons thereon that have been lawfully issued by the county. (Code 1876, §827; Code 1886, §902; Code 1896, §1417; Code 1907, §147; Acts 1923, No. 480, p. 631; Code 1923, §225; Code 1940, T. 12, §115; Acts 1975, No. 566, §1.)

Ala. Code § 11-12-6 Verification of Claims by Executors, Trustees, Etc.

11-12-6. Verification of Claims by Executors, Trustees, Etc. When a claim is filed by an executor, administrator, guardian, or trustee, it may be verified by the affidavit of such executor, administrator, guardian, or trustee that he believes the claim to be just, due, and unpaid. (Code 1876, §828; Code 1886, §903; Code 1896, §1418; Code 1907, §148; Code 1923, §226; Code 1940, T. 12, §116.)

Ala. Code § 11-12-7 Withdrawal of Claims.

11-12-7. Withdrawal of Claims. If a claim is rejected or not allowed in full, the claimant may withdraw the same. (Code 1852, §774; Code 1867, §908; Code 1876, §831; Code 1886, §904; Code 1896, §1419; Code 1907, §149; Code 1923, §227; Code 1940, T. 12, §117.)

Ala. Code § 11-12-8 Limitation Period for Presentation of Claims.

11-12-8. Limitation Period for Presentation of Claims. All claims against counties must be presented for allowance within 12 months after the time they accrue or become payable or the same are barred, unless it be a claim due to a minor or to a lunatic, who may present such claim within 12 months after the removal of such disability. (Code 1852, §775; Code 1867, §909; Code 1876, §832; Code 1886, §905; Code 1896, §1420; Code 1907, §150; Code 1923, §228; Code 1940, T. 12, §118.)

Ala. Code § 11-12-9 Claims to Be Registered When County Records Destroyed by Fire.

11-12-9. Claims to Be Registered When County Records Destroyed by Fire. Claims against a county in which the records have been destroyed by fire are barred if not registered in the proper office of the county within 12 months. (Code 1876, §833; Code 1886, §906; Code 1896, §1421; Code 1907, §151; Code 1923, §229; Code 1940, T. 12, §119.)

Ala. Code § 11-12-10 Review and Determination as to Authority for Expenditure of Public Funds for Payment of Claims Presented by Chairman of Commission, Etc.

11-12-10. Review and Determination as to Authority for Expenditure of Public Funds for Payment of Claims Presented by Chairman of Commission, Etc. It shall be the duty of the chairman of the county commission or such other officer as is authorized by law to draw county warrants upon the county treasurer or county depository to inspect and review each claim presented for payment from the public funds of the county, irrespective of whether such claim has previously been audited and allowed by the county commission, and such officer shall examine and determine independently with reference to each of such claims whether or not the expenditure of public money of the county in payment of such claim is authorized by law and whether or not public funds of the county may be expended for the purpose or purposes shown in such claim; provided, that the provisions of this section and sections 11-12-11 and 11-12-12 shall not apply to those claims by law excepted from the requirement of audit and allowance by the governing body of the county. (Acts 1953, No. 536, p. 751, §1.)

Ala. Code § 11-12-11 Determination as to Legal Liability Upon Claims; Rejection of Claims.

11-12-11. Determination as to Legal Liability Upon Claims; Rejection of Claims. In making such determination with reference to the authorized expenditure of public funds of the county in payment of the claims so presented and filed for payment with the county commissioner, such officer shall make such investigation and inquiry, both as to fact and legal sufficiency, as he shall deem reasonably necessary to correctly ascertain the legal liability of the county with reference to each of the claims presented for payment. In the event it should be determined by such officer, as a result of such investigation and inquiry, that payment of such claim or claims may not lawfully be made from the public funds of the county, he shall refuse to affix his signature to or draw warrant upon the county treasurer or county depository authorizing payment of such claim or claims from the public funds of the county. (Acts 1953, No. 536, p. 751, §2.)

Ala. Code § 11-12-12 Liability for Approval of Claims Not Legally Chargeable to or Payable from Public Funds.

11-12-12. Liability for Approval of Claims Not Legally Chargeable to or Payable from Public Funds. Should such officer draw a warrant upon the county treasurer or county depository in payment of a claim or claims not legally chargeable to or payable from the public funds of the county such officer shall be held jointly liable with the other members of the county commission of the county for such unauthorized or unlawful expenditure of the public funds of the county and shall bear the same responsibilities and suffer the same penalties as do the other members of the county commission of the county with reference to the unauthorized or unlawful expenditure of public funds of the county; provided, that Sections 11-12-10 through 11-12-12 shall in no way affect or repeal the protection to such official or officials as provided for under written opinion of the Attorney General, Section 36-15-19 and/or under written opinion of the county attorney. (Acts 1953, No. 536, p. 751, §3.)

Ala. Code § 11-12-13 Utilities for Courthouse Offices.

11-12-13. Utilities for Courthouse Offices. It is the duty of the county commission to provide proper utilities to all offices in the courthouse as may otherwise be authorized by law. (Code 1886, §907; Code 1896, §1422; Code 1907, §152; Code 1923, §230; Code 1940, T. 12, §120; Acts 1980, No. 80-808, p. 1663.)

Ala. Code § 11-12-14 Books, Stationery, Telephones, Etc., for Probate Judge, Tax Assessor, Sheriff, Etc.

11-12-14. Books, Stationery, Telephones, Etc., for Probate Judge, Tax Assessor, Sheriff, Etc. The judge of probate, the tax assessor, the tax collector, the sheriff, and the county treasurer or custodian must be allowed reasonable expenses for suitable books, stationery, postage stamps used exclusively for official business, and telephones, to be paid for by the county on the approval of the county commission, and the judge of probate shall also be allowed expense for his seal of office, to be paid for by the county. (Code 1852, §684; Code 1867, §811; Code 1876, §717; Code 1886, §805; Code 1896, §3384; Code 1907, §5442; Code 1923, §9604; Acts 1927, No. 595, p. 693; Code 1940, T. 12, §123.)

Ala. Code § 11-12-15 Preferred Claims and Order of Their Priority; Payment of Same.

11-12-15. Preferred Claims and Order of Their Priority; Payment of Same. (a) The following claims are declared to be preferred claims against the county, and they shall be given priority in the order named: (1) Costs of heating the county jail, of supplying it with wholesome water for drinking and bathing, of keeping it in a cleanly condition and free from offensive odors and of providing it with necessary water closets and dry earth, beds, bedding, and clothing; fuel; water; light; janitor’s services of the courthouse and jail; premiums for fire insurance on the public buildings of the county; and premiums on surety bonds of public officers where authorized by law to be paid by the county. (2) Compensation of the members of the county commission; compensation of deputy sheriffs, the probate judge, the sheriff, the tax assessor, the county treasurer, and jailers for services performed by them and authorized to be paid to them by law; claims for the removal of prisoners; and, claims for conveying insane persons to state institutions. (3) Claims for necessary stationery and office supplies, including typewriters and supplies and telephones and telephone services, for offices of the probate judge, tax assessor, and tax collector; claims for the use of a building or buildings for a courthouse and a jail where the county does not have a suitable building or buildings for a courthouse and jail; and, claims of the Secretary of State for certified copies of field notes. (4) All claims authorized to be paid from funds appropriated by the county commission of the county to assist in financing a program of agriculture and farm home life in cooperation with the extension service created under an act of the Congress of the United States approved May 8, 1914, and generally known as the Smith-Lever Act for extension work in agriculture and home economics. (5) Interest on bonds heretofore and hereafter lawfully issued by the county, in the order of their issuance, as evidenced by the interest coupons attached to such bonds or by the bonds themselves. (b) For the payment of the above recited claims, in the order named, it shall be the duty of the county treasurer or custodian of the county funds to set apart a sufficient fund from the moneys of the county, and he and his official bond shall be held liable for a failure to do so, insofar as the funds of the county make it possible for him to do so. (Code 1886, §908; Code 1896, §1423; Code 1907, §153; Acts 1923, No. 483, p. 634; Code 1923, §231; Acts 1931, No. 276, p. 325; Acts 1935, No. 110, p. 162; Acts 1935, No. 463, p. 990; Code 1940, T. 12, §121; Acts 1953, No. 182, p. 235.)

Ala. Code § 11-12-16 Payment of Equitable or Moral Claims Against County.

11-12-16. Payment of Equitable or Moral Claims Against County. The county commission may appropriate from the general or special funds of the county such sums of money as such county commission shall determine from time to time for the following purposes: (1) To reimburse any person, firm, or corporation who in good faith has performed services, advanced money or property for the use of the county or who has in good faith bought county warrants issued under invalid acts of the legislature for tick eradication or for building public roads. (2) To refund to any person, firm, or corporation money or compensate him or it for services rendered or money or property advanced and devoted to the use of the county in procuring funds for carrying on road improvement, tick eradication, or any lawful public work where, after the advancement of such money or property or the rendition of such service, it was declared by decision of the supreme court or by the decision of the Attorney General that the county was without authority to pay such claims on account of a defect in any law or any other reason. (Acts 1920, No. 109, p. 154; Code 1923, §186; Code 1940, T. 12, §110.)

Ala. Code § 11-12-17 Limitation of Liability Regarding the Use of Public Funds Under Certain Conditions.

11-12-17. Limitation of Liability Regarding the Use of Public Funds Under Certain Conditions. (a) A county commission shall not be liable for or be a party to a suit challenging the expenditure or use of public funds where a local or general law provides that the public funds are to be expended, awarded, or used at the discretion of a single public official. (b) For suits challenging the expenditure, award, or use of public funds as described in subsection (a), no damages or litigation costs may be recovered from funds within the control of the county commission. EndFragment (Act 2024-162, §1.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026