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9-12-7
Section 9-12-7 Proceedings as to violations of chapter - Bonds for stay of sale of condemned
boats, etc., pending appeal. The sale of the boat or vessel is not stayed by an appeal unless
the appellant enters into a bond in a penalty of twice the value of the boat or vessel, her
tackle, etc., the value to be determined by the judge of the district court, with sufficient
surety, payable to the State of Alabama, with condition to prosecute the appeal to effect.
The bond must be returned, with the other papers in the case, to the circuit court; and, if
the judgment of the district court is affirmed, judgment shall be rendered against all the
obligors therein for the amount of the fines not paid and for the value of the boat, her tackle,
etc., to be ascertained by proof, as well as the costs of the circuit court. (Code 1852, §1126;
Code 1867, §1306; Code 1876, §1614; Code 1886, §4725; Code 1896, §5580; Code 1907, §7501;
Code 1923, §5109; Code 1940, T. 8, §170.)...
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15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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22-11A-36
Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed upon
liberty of person pending appeal. An appeal from an order of the probate court granting a
petition seeking to commit a person to the custody of the Alabama Department of Public Health
or such other facility as the court may order lies to the circuit court for trial de novo
unless the probate judge who granted the petition was learned in the law, in which case the
appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be
given in writing to the probate judge within five days after the respondent has received actual
notice of the granting of the petition and shall be accompanied by security for costs, to
be approved by the probate judge, unless the probate judge finds that the person sought to
be committed is indigent, in which case no security shall be required. Upon the filing of
a notice of appeal, the probate judge shall determine and enter an order setting...
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45-19-80.20
Section 45-19-80.20 Legislative findings; additional court costs. (a) The Legislature finds
that the office of sheriff is an integral part of the court system of this state and Coosa
County. It further notes that our judicial process could not operate without the assistance
of the sheriff's department which serves summons and other processes. (b) In Coosa County,
in addition to all other fees, there shall be taxed as costs the sum of five dollars ($5)
in each civil or quasi-civil action at law, suit in equity, criminal case, quasi-criminal
case, proceedings on a forfeited bail bond, or proceedings on a forfeited bond given in connection
with an appeal from a judgment or conviction in the Circuit Court of Coosa County, or the
District Court of Coosa County, hereinafter filed in or arising in the Circuit Court of Coosa
County, or the District Court of Coosa County, or brought by appeal, certiorari or otherwise
to the Circuit Court of Coosa County, or the District Court of Coosa County,...
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45-19-80.21
Section 45-19-80.21 Legislative findings; additional court costs; Sheriff's Fund. (a) The Legislature
finds that the office of sheriff is an integral part of the court system of this state and
Coosa County. It further notes that our judicial process could not operate without the assistance
of the sheriff's department which serves summons and other processes. (b) In Coosa County,
in addition to all other fees, there shall be taxed as costs the sum of twenty dollars ($20)
in each civil or quasi-civil action at law, suit in equity, criminal case, quasi-criminal
case, proceedings on a forfeited bail bond, or proceedings on a forfeited bond given in connection
with an appeal from a judgment or conviction in the Circuit Court of Coosa County, or the
District Court of Coosa County, hereinafter filed in or arising in the Circuit Court of Coosa
County, or the District Court of Coosa County, or brought by appeal, certiorari or otherwise
to the Circuit Court of Coosa County, or the District Court...
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45-24-80
Section 45-24-80 Dallas County Law Library Fund; board. (a)(l) There is created a fund to be
designated the Dallas County Law Library Fund, which fund shall be expended as hereinafter
provided for the sole purpose of establishing, maintaining, equipping, administering, and
operating the law library at the courthouse of Dallas County. (2) In each criminal or quasicriminal
or civil case or any other proceeding filed in, arising in, or brought by appeal, on certiorari
or otherwise in the Circuit Court, District Court, or Small Claims Court of Dallas County,
there shall be taxed as part of the costs the sum of six dollars ($6) to be designated as
a law library fee. (3) Such fees when collected by the clerks or other collecting officers
of such courts shall be paid to the treasurer or depository of Dallas County for the deposit
in the county treasury in a separate account to be designated the Dallas County Law Library
Fund. (b)(l) There is created a board to administer the Dallas County Law...
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45-37-81
Section 45-37-81 District court - Treatment to Alternative Street Crime; Birmingham Division
Law Library Fund. (a) This section shall be operative only in Jefferson County. (b)(1) Notwithstanding
any special, local, or general law to the contrary, there is levied on all cases in district
court, an additional fee of seven dollars ($7) and in circuit court, an additional fee of
two dollars ($2). When collected by the clerk of the district court, five dollars ($5) of
the fee collected in each case shall be remitted monthly to the program director of the Treatment
to Alternative Street Crime (TASC), who shall deposit the funds in a special fund known as
the TASC Fund, and two dollars ($2) of the fee collected in each case in the district and
circuit court shall be remitted to the Birmingham Division Law Library Fund. (2) The TASC
Fund shall be maintained by the University of Alabama at Birmingham, with the director of
the TASC program having the authority to draw upon the funds. (3) The...
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15-12-21
Section 15-12-21 Appointment and compensation of counsel - Trial court. (a) If it appears to
the trial court that an indigent defendant is entitled to counsel, that the indigent defendant
does not expressly waive the right to assistance of counsel, and that the indigent defendant
is not able financially or otherwise to obtain the assistance of counsel through another indigent
defense system for the circuit, the court shall appoint counsel to represent and assist the
defendant. It shall be the duty of the appointed counsel, as an officer of the court and as
a member of the bar, to represent and assist the indigent defendant to the best of his or
her ability. (b) If it appears to the trial court in a delinquency case, need of supervision
case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled
to counsel and that the juvenile is not able financially or otherwise to obtain the assistance
of counsel or that appointed counsel is otherwise required by...
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38-9F-4
Section 38-9F-4 Issuance of elder abuse protection orders. (a) The following courts shall have
jurisdiction to issue elder abuse protection orders under this chapter: (1) Circuit courts.
(2) A special circuit court judge appointed pursuant to Section 12-1-14 or 12-1-14.1. (3)
A district court judge designated by a written standing order from the presiding circuit court
judge. (b) An elder abuse protection order may be requested in any pending civil or domestic
relations action, as an independent civil action, or in connection with the preliminary, final,
or post-judgment relief in a civil action. (c) A petition for an elder abuse protection order
may be filed in any of the following locations: (1) Where the plaintiff or defendant resides.
(2) Where the plaintiff is temporarily located if he or she has left his or her residence
to avoid further abuse. (3) Where the abuse occurred. (d) There is no minimum period of residence
for the plaintiff in the State of Alabama or in the county in...
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