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6-5-4
Section 6-5-4 Recovery of public moneys, funds or property. (a) The Governor may cause actions
to be commenced for the recovery of any public moneys, funds, or property of the state or
of any county which have been lost by the neglect or default of any public officer, which
have been wrongfully expended or disbursed by such officer, which have been wrongfully used
by such officer, or which have been wrongfully received from him. (b) In the event any public
officer or agent of the state or any depositary or custodian of public funds or moneys has
wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before
any court having jurisdiction of the subject matter; and it shall not be ground of objection
to such an action that either, any, or all of the parties defendant do not reside within the
county or within the district in which such action is commenced. (c) Such action may be commenced
in any court of competent jurisdiction; and such officer or agent,...
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36-11-17
Section 36-11-17 Duties, liabilities and fees of sheriffs, etc., for service of process, etc.;
compensation of examiners; payment of fees, costs, etc. The sheriff, coroner or constable
to whom process is issued under the provisions of this chapter shall perform all the duties
as sheriffs are required to perform them, shall be liable to all the penalties to which sheriffs
in similar cases are liable and shall be entitled to the same fees as sheriffs are entitled
to for similar services. The examiners shall be entitled to such compensation as the Supreme
Court may determine as fair equivalent for the services performed. All such fees and compensation
shall be taxed in the bill of costs, but no costs shall be adjudged against the state nor
against the successful plaintiffs on a return of "no property found" against the
defendant, but may be paid out of the Treasury in all cases when the Governor thinks it right
to pay the same. (Code 1876, §4059; Code 1886, §4832; Code 1896, §4878;...
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36-11-9
Section 36-11-9 Proceedings in Supreme Court - Issuance and service of order to appear and
answer information, summons and copy of information; setting of trial date, granting of continuances,
etc. If such information shall be filed under Section 174 of Article 7 of the constitution,
the Supreme Court, in term time, or a justice thereof, in vacation, shall make an order requiring
the officer proceeded against to appear at a place and on a day, which may be either in term
time or vacation, to be specified in the order and answer the information. The clerk of the
court shall issue a summons, in which shall be set forth a copy of the order, directed to
any sheriff of the State of Alabama, which, together with a copy of the information, shall
be served on the defendant. If the summons is served 20 days before the day specified in the
order, the defendant shall answer the information on the day specified; and, if the summons
is served less than 20 days before the day so specified, the...
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11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-68.htm - 7K - Match Info - Similar pages
15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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2-19-63
Section 2-19-63 Enforcement of rules and regulations, etc.; denial or revocation of permits.
(a) It shall be the duty of the commissioner to enforce the requirements of law relative to
cotton gins and to see that all rules and regulations relative to cotton gins that may be
established from time to time by him and approved by the State Board of Agriculture and Industries
are observed. (b) The said commissioner shall have power to refuse to issue a permit and to
revoke at any time the permit that has been issued to any cotton ginner who fails or refuses
to comply with the law or with the rules and regulations of the State Board of Agriculture
and Industries. (c) Any cotton ginner to whom such commissioner refuses to issue a permit
or whose permit has been revoked may appeal to the State Board of Agriculture and Industries,
which shall consider the matter with as little delay as possible and make such order as may
be justified by the facts. (d) The action of the board in refusing to...
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28-3-186
Section 28-3-186 Penalties for failure to pay taxes collected, execution issued for unpaid
taxes, etc. (a) Every wholesaler licensee collecting taxes on malt or brewed beverages levied
by this article shall timely pay the same to the board as provided in this article. (b) If
any taxes levied by this article remain due and unpaid for a period of 10 days beyond the
due date, the wholesaler licensee serving as collection agent for the board shall be required
to pay as part of the taxes so levied a penalty of not less than $50.00 nor more than $500.00
to be assessed and collected by the board. (c) Any wholesaler who fails timely to pay any
tax levied by this article shall be subject to disciplinary action by the hearing commission
and, upon being adjudged guilty, shall be subject to revocation or suspension of license.
(d) If any taxes or penalties imposed by this article remain due and unpaid for a period of
10 days, the board shall issue a warrant or execution directed to any sheriff of...
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28-3-193
Section 28-3-193 Penalties on failure of wholesaler licensee to timely pay tax due; execution
and levy; lien. (a) Every wholesaler licensee collecting tax on beer levied by this article
shall timely pay the same as provided in this article. Every such wholesaler licensee failing
for a period of 10 days beyond the due date to pay the said tax due pursuant to this article
shall be required to pay as part of the taxes imposed under this article a penalty of not
less than $50.00, nor more than $250.00, to be assessed and collected by the authority to
whom the taxes are to be paid. In addition to such penalty, any wholesaler licensee failing
for a period of 10 days beyond the due date to pay all or any part of the tax due pursuant
to this article shall not be entitled to deduct and retain the two and one-half percent discount
prescribed in Section 28-3-190(b) hereof upon any portion of the tax which is not timely paid.
(b) If any taxes or penalties imposed by this article remain due and...
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11-92C-15
Section 11-92C-15 Failure to pay past due assessments. If any user, lessee, or owner of the
project fails to pay when due, with time being of the essence, any assessments or fees due
under this chapter, including, but without limitation, any payments in lieu of taxes, collectively
"past due assessment," then the authorizing subdivision or authority, or their designated
agents, collectively the "fee collector," may commence proceedings to foreclose
on the land and improvements of the user, lessee, or owner of the project having land within
the State of Alabama, subject to the terms of any executed agreement between the fee collector
and the user, lessee, or owner of the project, as follows: (1) A fee collector shall send
a letter by means of United States certified mail, return receipt requested, to the last known
address of the user, owner, or lessee of the project. The address of the user, owner, or lessee
as shown in the tax assessment records of the tax assessor or revenue...
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12-21-180
Section 12-21-180 Subpoenas for witnesses. (a) At the request of any party to a pending case,
or the attorney of a party, the clerk of the court must issue subpoenas for witnesses, whose
addresses shall be given by the person requesting the subpoena, specifying therein the time
and place for their appearance, the title of the case and the party at whose instance they
are summoned and commanding them to appear in conformity therewith and give testimony. (b)
No subpoena shall issue for a witness residing more than 100 miles from the place of trial,
computed by the route usually traveled, unless the person requesting the subpoena makes affidavit
that the personal attendance of the witness is necessary to a proper decision of the case
and that the deposition of the witness would be insufficient for that purpose, and the fact
that such affidavit has been made must be endorsed by the clerk upon the subpoena. (c) A subpoena
issued under this section shall be directed "To any sheriff of the...
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