8-6-15
Section 8-6-15 Investigations and subpoenas by commission. (a) The Securities Commission, in
its discretion, may: (1) Make such public or private investigations within or outside of this
state as he deems necessary to determine whether any registration in the sale of securities
should be granted, denied, or revoked, whether any person has violated or is about to violate
any provision of this article or any rule or order hereunder, to aid in the enforcement of
this article or in the prescribing of rules and forms hereunder; (2) Require or permit any
person to file a statement in writing, under oath, or otherwise as the commission may determine,
as to all the facts and circumstances concerning the matter to be investigated; and (3) Publish
information concerning any violation of this article or any rule or order hereunder. (b) For
the purpose of any investigation or proceeding under this article, the Securities Commission
or any officer designated by it may administer oaths and...
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8-7A-23
Section 8-7A-23 Investigation and subpoenas by commission. (a) The commission may do any of
the following: (1) Make such public or private investigations within or outside of this state
as it deems necessary to determine whether: Any license under this chapter should be granted,
denied, suspended, or revoked; any person has violated or is about to violate any provision
of this chapter or any rule or order hereunder; or to aid in the enforcement of this chapter
or in the prescribing of rules and forms hereunder. (2) Require or permit any person to file
a statement in writing, under oath, or otherwise as the commission may determine, as to all
the facts and circumstances concerning the matter to be investigated. (3) Publish information
concerning any violation of this chapter or any rule or order hereunder. (b) In relation to
any investigation or proceeding under this chapter, the commission, or any officer designated,
may administer oaths and affirmations, subpoena witnesses, compel...
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34-24-173
Section 34-24-173 Rules of evidence in contested cases. In contested cases: (1) The rules of
evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed.
When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence
not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs. The board shall give effect to the rules
of privilege recognized by law. Except as hereinafter provided, objections to evidentiary
offers may be made and shall be noted in the record. Whenever any evidence is excluded as
inadmissible, all such evidence existing in written form shall remain a part of the record
as an offer of proof. The party seeking the admission of oral testimony may make an offer
of proof by means of a brief statement on the record describing the testimony excluded. All
rulings on the admissibility of evidence shall be final and shall appear...
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35-7-4
Section 35-7-4 Ascertainment of amount to be paid upon failure of parties to agree. If the
parties cannot agree, on application by either to the district court in the county in which
such fence is, such court must issue an order in writing to three disinterested freeholders
of such county, not related to either of the parties, to examine such fence, and to ascertain
the amount to be paid to the owner erecting the same; and such freeholders, on a day to be
by them appointed, of which both parties must have notice, must examine such fence and report
to the court the proportionate amount to be paid to the person erecting the fence; and if
such amount is not paid within 10 days after such report, the court must issue execution therefor,
with costs, as provided in section 35-7-5, to be collected and returned as other executions.
(Code 1852, §1106; Code 1867, §1289; Code 1876, §1593; Code 1886, §1371; Code 1896, §2119;
Code 1907, §4248; Code 1923, §7978; Code 1940, T. 47, §253.)...
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11-41-2
Section 11-41-2 Notice of filing; determination of statutory compliance; objections; ordering
and notice of election; contest of election. (a) Upon the filing of the verified application
with the judge of probate, the judge of probate shall give notice of the filing of the application
by publication in one or more newspapers published in the county, if there are any, that an
application to the judge of probate has been submitted and that the judge of probate will
determine if the application complies with Section 11-41-1, and that further notice will be
given for the filing of any objections. (b) The judge of probate shall have a reasonable period
of time, not to exceed 45 days, within which to ascertain compliance with Section 11-41-1.
If the judge of probate determines that the application does not comply with Section 11-41-1,
the judge of probate shall enter an order to that effect, which order shall be sent in accordance
with the Alabama Rules of Civil Procedure. The order shall...
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11-49-21
Section 11-49-21 Applications for and granting of licenses for establishment of ferries - Procedure
generally. On application for a license for establishment of a ferry, where the banks on each
side belong to the same person, such person is entitled to the prior right of establishing
a ferry; when the banks belong to different persons, the municipal authorities may grant the
license at their election to either of such owners making the application. Should any person
not the owner of the land on either bank of the river where it is proposed to establish a
ferry make application for a license, he shall be required to produce before the municipal
authorities a statement in writing from the owner thereof saying that he is not an applicant,
and such written statement must appear of record. (Acts 1923, No. 541, p. 721; Code 1923,
§2410; Code 1940, T. 37, §373.)...
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17-13-84
Section 17-13-84 Filing statements of contests; depositions; costs; service of process; contempt.
Upon the filing of any contest of nomination, the chair of the executive committee with which
the contest is filed shall file a statement in the office of the clerk of the circuit court
of the county where the contestant resides of the fact that such a contest has been filed,
giving the names of the parties thereto, the nomination contested and the day set for hearing.
After such statement is filed, the clerk of the circuit court shall issue such subpoenas for
witnesses and orders for production of documents and shall issue commissions for the taking
of testimony by deposition as required by either party, each party to the contest being responsible
for costs incurred by him or her for the summoning and attendance of witnesses on his or her
behalf, and the clerk may issue execution for such costs the same as in civil cases. It shall
be the duty of the sheriff to serve all process issued by...
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30-2-1
Section 30-2-1 Grounds; jurisdiction for proceedings; divorce judgment awarded to both parties.
(a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint
filed by one of the parties, entitled "In re the marriage of _____ and _____," for
the causes following: (1) In favor of either party, when the other was, at the time of the
marriage physically and incurably incapacitated from entering into the marriage state. (2)
For adultery. (3) For voluntary abandonment from bed and board for one year next preceding
the filing of the complaint. (4) Imprisonment in the penitentiary of this or any other state
for two years, the sentence being for seven years or longer. (5) The commission of the crime
against nature, whether with mankind or beast, either before or after marriage. (6) For becoming
addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine,
or other like drug. (7) Upon application of either the husband or wife,...
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34-3-82
Section 34-3-82 Power of subpoena. In the investigation of charges of professional misconduct,
the board and any committee appointed by it for this purpose shall have power to summon and
examine witnesses under oath and compel their attendance and the production of books, papers,
documents, and other writings necessary or material to the inquiry. Such summons or subpoena
shall be issued under the hand of the secretary of the board or the chairman of any duly constituted
subcommittee of the board and shall have the force of a subpoena issued by a court of competent
jurisdiction, and any witness or other person who shall refuse or neglect to appear in obedience
thereto or who shall refuse to be sworn or testify or produce books, papers, documents, or
other writings demanded shall be liable to attachment upon application to the Supreme Court
of the state or to any judge of any court of record for the district where the investigation
is conducted as in cases of contempt. (Acts 1923, No....
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36-11-14
Section 36-11-14 Proceedings in circuit court - When case stands for trial; conduct of trial
generally; right to jury trial. When the information is filed in the circuit court, if the
summons is served 20 days before the day specified in the order, such case shall stand for
trial on that day; and, if the summons is served less than 20 days before the day specified
in the order, then the court shall on the day specified in the order make an order setting
another day on which the defendant shall answer the information and the case stand for trial.
The case shall have precedence and priority over all other business in such court and, shall
be proceeded with in all respects as civil actions are conducted, with the right to either
party to except to the rulings of the court and to reserve such exceptions as in civil actions.
The defendant shall be entitled to a trial by jury on any issue of fact, whenever he demands
the same. (Code 1876, §4057; Code 1886, §4829; Code 1896, §4875; Code...
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