6-6-77
Section 6-6-77 Sale of property levied on where perishable or expensive to keep. (a) If the
property levied on is perishable or if the expense of keeping is great, it must be sold by
order of the court, on motion of either party, and the proceeds of sale retained by the sheriff
to await the decision of the case, unless the court otherwise directs. (b) If the property
levied on is of so perishable a nature that it will deteriorate greatly in value or be destroyed
before the meeting of the court or if the charge of keeping it is very great, it is the duty
of the sheriff, if not replevied, to sell it at public auction, returning a statement of the
facts and the money to the court. (Code 1852, §§2528, 2529; Code 1867, §§2956, 2957; Code
1876, §§3281, 3282; Code 1886, §§2958, 2959; Code 1896, §§549, 550; Code 1907, §§2949,
2950; Code 1923, §§6197, 6198; Code 1940, T. 7, §§870, 871.)...
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27-2-26
Section 27-2-26 Witnesses and evidence for examination, investigation or hearing - Generally.
(a) As to the subject of any examination, investigation, or hearing being conducted by him,
the commissioner may subpoena witnesses and administer oaths or affirmations and examine any
individual under oath or take depositions and, by subpoena duces tecum, may require and compel
the production of records, books, files, documents, and other evidence. (b) Witness fees and
mileage, if claimed, shall be allowed the same as for testimony in a circuit court. Witness
fees, mileage, and the actual expense necessarily incurred in securing attendance of witnesses
and their testimony shall be itemized and shall be paid by the person being examined if in
the proceedings in which such witness is called such person is found to have been in violation
of the law or by the person, if other than the commissioner, at whose request the hearing
is held. (c) Subpoenas of witnesses shall be served in the same manner...
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34-8-27
Section 34-8-27 Appeals. Any party aggrieved by any decision of the State Licensing Board,
either in denying an application for license as a general contractor or in revoking a license,
may appeal to the Circuit Court of Montgomery County by filing a bond with the clerk of the
court, conditioned to pay all costs of the appeal. Upon notice of the appeal being served
upon the Licensing Board, an issue shall be made up by the court between the appellant and
the Licensing Board, in which the appellant shall allege in what respect the action of the
Licensing Board was erroneous and prejudicial to him or her; whereupon the court shall hear
the evidence and, without regard to the decision of the Licensing Board, shall render such
decision as the court is of the opinion the Licensing Board should have rendered in the first
instance. (Acts 1935, No. 297, p. 721, §17; Code 1940, T. 46, §82; Acts 1959, No. 571, p.
1429, §1.)...
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34-9-46
Section 34-9-46 Subpoenas and testimony. In all matters pending before it, the board shall
have the power to issue subpoenas and compel the attendance of witnesses and the production
of all necessary papers, books, and records, documentary evidence and materials or other evidence.
Any person failing or refusing to appear or testify regarding any matter about which he or
she may be lawfully questioned or to produce any papers, books, records, documentary evidence,
or materials or other evidence in the matter to be heard, after having been required by order
of the board or by a subpoena of the board to do so, may, upon application by the board to
any circuit judge of the State of Alabama, be ordered to comply therewith; and, upon failure
to comply with the order of the circuit judge, the court may compel obedience by attachment
as for contempt as in case of disobedience of a similar order or subpoena issued by the court.
The president, in a writing filed with the board, may designate and...
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36-19-19
Section 36-19-19 Fire Marshal, etc., may summon witnesses, require production of books, etc.
The Fire Marshal or his deputies may, each, in any county of this state, summon and compel
the attendance of witnesses before them or either of them to testify in relation to any matter
which is, by the provisions of this article, a subject of inquiry and investigation, and may
require the production of any book, paper or document deemed pertinent thereto by them or
either of them. The said Fire Marshal or his deputies may each administer oaths and affirmations
to any person or persons appearing as witnesses before them, and false swearing in any matter
or proceedings aforesaid shall be deemed perjury and shall be punished as such. (Acts 1919,
No. 701, p. 1013, §9; Code 1923, §975; Code 1940, T. 55, §47.)...
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45-49-120.28
Section 45-49-120.28 Attendance of witnesses; fees; false oaths. Any person who shall be served
with a subpoena, issued in the course of an investigation or hearing conducted under this
part, to appear and testify or to produce books and papers, who shall disobey or neglect to
obey any such subpoena shall be guilty of a misdemeanor. The fees of witnesses for attendance
and travel shall be the same as fees of witnesses before the courts of record and shall be
paid as is provided in Section 45-49-120.29. Any judge of a court of record, either in term
time or vacation upon application of a member of the board or the director, shall compel the
attendance of witnesses, the production of books and papers, and the giving of testimony before
the board or an agent thereof by attachment, or contempt, or otherwise, in the same manner
as the production of evidence shall be compelled before the court. Any person who, having
taken oath or made affirmation in the cause of any investigation or hearing...
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12-22-10
Section 12-22-10 Grant or refusal of motion for new trial. Either party in a civil case, or
the defendant in a criminal case, may appeal to the appropriate appellate court from an order
granting or refusing a motion for a new trial by the circuit court. (Code 1896, §434; Code
1907, §2846; Acts 1915, No. 656, p. 722; Code 1923, §6088; Code 1940, T. 7, §764; Acts
1949, No. 57, p. 81.)...
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34-14-9
Section 34-14-9 Complaint and hearing; appeal; disciplinary actions. (a) Any person wishing
to make a complaint against a licensee or apprentice under this chapter shall reduce the same
to writing and file his or her complaint with the board within one year from the date of the
action upon which the complaint is based. If the board investigates and determines the charges
made in the complaint are sufficient to warrant a hearing to determine whether the license
issued under this chapter shall be suspended or revoked, it shall make an order fixing a time
and place for a hearing and require the licensee complained against to appear and defend against
the complaint. The order shall have annexed thereto a copy of the complaint. The order and
copy of the complaint shall be served upon the licensee at least 20 days before the date set
for hearing, either personally or by registered or certified mail sent to the licensee's last
known address. Continuances or adjournment of hearing date shall...
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35-4-58
Section 35-4-58 Mode of recording generally; time stamp; fees. Judges of probate are to procure,
at the expense of their counties, large and well-bound books, in which must be recorded in
a fair hand, or by printing the same, or by the use of a typewriter or other writing or printing,
photograph or photostat machine, word for word, conveyances of property and all other instruments
authorized to be recorded, with the acknowledgments, proofs, schedules, plats, surveys, etc.,
belonging thereto; and, at the foot or in the margin of the record of each conveyance or other
instrument, the day of the month and year of the delivery of the same for record must be specified.
The judge making the record of any conveyance or other instrument must certify on the same
when it was received and recorded and in what book and page the same is recorded and must
deliver it to the party entitled thereto, or his order, on the payment of the fees of registration;
but the judge of probate may refuse to indorse...
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40-12-116
Section 40-12-116 Junk dealers. (a) Each junk dealer shall pay the following license tax: in
all places of less than 1,000 inhabitants, whether incorporated or not, $10; in towns of 1,000
inhabitants and less than 3,000 inhabitants, or within 10 miles thereof, $20; in cities and
towns of 3,000 and less than 10,000 inhabitants, or within 10 miles of the city limits thereof,
$30; in cities and towns of 10,000 and less than 20,000 inhabitants, or within 10 miles of
the city limits thereof, $50; in cities and towns of 20,000 inhabitants and less than 50,000
inhabitants, or within 10 miles of the city limits thereof, $75; and in cities and towns of
50,000 inhabitants and over or within 10 miles of the city limits thereof, $150. Each junk
dealer, his clerk, agent or employee shall keep a book open to inspection in which he shall
make entries of all articles of railroad iron or brass, pieces of machinery and plumbing material,
automobiles, automobile tires, parts, and accessories, or other...
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