Code of Alabama

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16-28-40
Section 16-28-40 License applicant under 19 to provide documentation of school enrollment,
etc.; duties of school attendance official; withdrawal from school; conviction for certain
pistol offenses. (a) The Department of Public Safety shall deny a driver's license or a learner's
license for the operation of a motor vehicle to any person under the age of 19 who does not,
at the time of application, present a diploma or other certificate of graduation issued to
the person from a secondary high school of this state or any other state, or documentation
that the person: (1) is enrolled and making satisfactory progress in a course leading to a
general educational development certificate (GED) from a state approved institution or organization,
or has obtained the certificate; (2) is enrolled in a secondary school of this state or any
other state and has not at the time of application accumulated disciplinary points while a
student in school that would extend the age of eligibility for the...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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15-21-27
Section 15-21-27 Penalty - Unlawful detention or arrest after discharge order; civil action
for damages. Any officer or other person who has the custody of a party produced on habeas
corpus and who detains him after an order of the court or judge for his discharge or enlargement
or afterwards arrests him without a legal and proper cause, warrant or other process shall
be fined, on conviction thereof, not less than $50.00 nor more than $500.00, and is also responsible
in a civil action for any damages the party may have sustained. (Code 1852, §738; Code 1867,
§4289; Code 1876, §4965; Code 1886, §4788; Code 1896, §4841; Code 1907, §7036; Code 1923,
§4335; Code 1940, T. 15, §31.)...
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15-21-24
Section 15-21-24 Grounds for discharge of person in custody under process legally issued. If
it appears that the party is in custody by virtue of process from any court legally constituted
or issued by any officer in the course of judicial proceedings before him authorized by law,
he can only be discharged under a writ of habeas corpus where: (1) The jurisdiction of such
court has been exceeded, either as to matter, place, sum or person; (2) Though the original
imprisonment was lawful, the party has become entitled to his discharge by reason of some
subsequent act, omission or event; (3) The process is void in consequence of some defect in
matter or substance required by law; (4) The process, though in proper form, was issued in
a case or under circumstances not allowed by law; (5) The process is not authorized by any
judgment, order or decree nor by any provision of the law; or (6) The person who has the custody
of him under any order or process is not the person authorized by law to...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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15-21-8
Section 15-21-8 Writ to be granted without delay; to whom writ returnable. (a) The judge to
whom the application for a writ of habeas corpus is made must grant the same without delay,
unless it appears from the petition itself or from the documents thereunto annexed that the
person imprisoned or restrained is not entitled to the benefit of the writ under the provisions
of this chapter. (b) When the person is confined in the penitentiary, the writ must be made
returnable before the circuit court of the county in which the convict is confined, but if
the writ is granted more than 10 days before the time fixed for the holding of such court,
it must be made returnable before the nearest circuit court judge. When a person is a patient
or confined in any hospital in the state, the writ must be made returnable before the circuit
court of the county in which the hospital is located in which he is so confined. In all other
cases, the writ must be made returnable before the officer by whom it is...
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12-2-7
Section 12-2-7 Jurisdiction and powers of court generally. The Supreme Court shall have authority:
(1) To exercise appellate jurisdiction coextensive with the state, under such restrictions
and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given
the decision of the trial judge upon the facts where the evidence is not taken orally before
the judge, but in such cases the Supreme Court shall weigh the evidence and give judgment
as it deems just. (2) To exercise original jurisdiction in the issue and determination of
writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction.
(3) To issue writs of injunction, habeas corpus, and such other remedial and original writs
as are necessary to give to it a general superintendence and control of courts of inferior
jurisdiction. (4) To make and promulgate rules governing the administration of all courts
and rules governing practice and procedure in all courts; provided,...
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12-1-11
Section 12-1-11 Appeal to appellate court by attorney or officer from judgment of contempt.
Any attorney or officer who is ordered to be punished for a contempt in the circuit court
may appeal to the appropriate appellate court and may stay the execution of any fine or sentence
imposed by the execution of a bond, payable to the state, with two sufficient sureties, to
be approved by the tribunal appealed from, in a penalty to be fixed by said tribunal, not
exceeding $300.00, conditioned to pay the fine and costs, in case of affirmance in whole or
in part. The appellant shall be entitled to bail in such cases upon the execution of an appearance
bond, with two or more such sureties, in the penalty of $300.00, payable to the state, conditioned
to appear in the court to which his appeal is prosecuted and to abide the result of such appeal,
which maybe approved by the sheriff or other officer in whose custody the appellant may be.
On such appeal the question shall be whether the appellant...
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