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15-21-2
Section 15-21-2 Persons entitled to prosecute writ - Persons confined for failure to enter
into undertaking to keep the peace. Any person confined in jail for failing to enter into
an undertaking to keep the peace may prosecute a writ of habeas corpus as provided in this
chapter; but such writ can be heard only by a judge of the circuit court, who may discharge
the applicant, remand him to jail or reduce the amount of the undertaking as may seem right.
If the amount of the undertaking is reduced, the sheriff must discharge the applicant upon
the entering into the undertaking in the sum fixed by such judge. (Code 1896, §4813; Code
1907, §7008; Code 1923, §4306; Code 1940, T. 15, §2.)...
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43-8-167
Section 43-8-167 Mode of proving will generally. (a) Wills offered for probate, except nuncupative
wills, must be proved by one or more of the subscribing witnesses, or if they be dead, insane
or out of the state or have become incompetent since the attestation, then by the proof of
the handwriting of the testator, and that of at least one of the witnesses to the will. Where
no contest is filed, the testimony of only one attesting witness is sufficient. (b) If none
of the subscribing witnesses to such will are produced, their insanity, death, subsequent
incompetency or absence from the state must be satisfactorily shown before proof of the handwriting
of the testator, or any of the subscribing witnesses, can be received; in addition to the
methods already provided, the will of a person serving in the armed forces of the United States,
executed while such person is in the actual service of the United States, or the will of a
seaman, executed while such seaman was at sea, shall be...
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12-13-40
Section 12-13-40 Powers of probate judges generally. The probate judge shall have authority:
(1) To administer oaths and take and certify the same in all cases in which administering
such oath and taking such affidavit is not confined expressly to some other officer; (2) To
cause jurors to be impaneled and sworn in any matter of fact pending before him in which the
right to a jury trial is given by law; (3) To appoint guardians ad litem for minors and persons
of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee
or other person connected with his office or related to him by consanguinity or affinity;
(4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary,
for whose official acts he shall be responsible; (5) To complete the minute entries and decrees
of the court when the same are incomplete on account of the failure to make necessary entries
at the time when they should have been made, but the necessary...
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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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28-2-1
Section 28-2-1 Procedure for elections to determine classification of counties as wet or dry
counties; laws applicable in dry counties. (a) In every county where a majority of the electors
voting in an election, called by the Governor to determine whether Chapter 3 of this title
shall be adopted in the county, vote "Yes," Chapter 3 and all of its provisions
shall be immediately put into operation in such county, but in every county where a majority
of the electors voting in the election vote "No," Chapter 3 shall not go into effect
in such county and all laws prohibiting the manufacture and sale of alcoholic liquors or beverages
now in force and effect in Alabama shall remain in full force and effect in every such county.
For the purpose of this chapter the term "wet county" shall mean any county which
by a majority of those voting voted in the affirmative in the election provided for in this
section, and "dry counties" shall be construed to mean all counties which by a majority
of...
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26-14-7.1
Section 26-14-7.1 Due process rights for persons under investigation by department. Any person
who comes under investigation by the Department of Human Resources for the abuse or neglect
of a child or children and who is employed by, serves as a volunteer for, holds a license
or certificate for, or is connected with any facility, agency, or home which cares for and
controls any children and which is licensed, approved, or certified by the state, operated
as a state facility, or any public, private, or religious facility or agency that may be exempt
from licensing procedures shall be granted the following due process rights by the Department
of Human Resources: (1) The department shall notify the alleged perpetrator that an investigation
has commenced against him or her after such investigation has officially begun in accordance
with written policies established by the Department of Human Resources. The notice shall be
in writing and shall state the name of the child or children...
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35-8B-3
Section 35-8B-3 Sale and distribution of alcoholic beverages within district. (a) If a majority
of the board of control of a community development district formed under Section 35-8B-1(a),
(b), or (d) consents to and approves the sale and distribution of alcoholic beverages within
the district, it shall be lawful to sell and distribute alcoholic beverages in the community
development district in the following manner and subject to the following terms, definitions,
and conditions: (1) Upon being licensed by the Alabama Alcoholic Beverage Control Board, alcoholic
beverages may be sold by the club of the district to members and their guests for on-premises
consumption only. The club shall be licensed to sell alcoholic beverages to its members and
their guests as a club liquor retail licensee by the Alabama Alcoholic Beverage Control Board,
upon the club's compliance with the provisions of the alcoholic beverage licensing code and
the regulations made thereunder. The original application...
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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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36-25-4
Section 36-25-4 State Ethics Commission - Duties; complaint; investigation; hearings; fees;
finding of violation. (a) The commission shall do all of the following: (1) Prescribe forms
for statements required to be filed by this chapter and make the forms available to persons
required to file such statements. (2) Prepare guidelines setting forth recommended uniform
methods of reporting for use by persons required to file statements required by this chapter.
(3) Accept and file any written information voluntarily supplied that exceeds the requirements
of this chapter. (4) Develop, where practicable, a filing, coding, and cross-indexing system
consistent with the purposes of this chapter. (5) Make reports and statements filed with the
commission available during regular business hours and online via the Internet to public inquiry
subject to such regulations as the commission may prescribe. (6) Preserve reports and statements
for a period consistent with the statute of limitations as...
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9-13-11
Section 9-13-11 Willful, malicious, or intentional setting on fire, etc., of woodlands, grasslands,
etc.; burning permits; fire alerts; organized forest fire protection; fines. (a) It shall
be a Class C felony for every person, firm, association, or corporation to do either of the
following: (1) Willfully, maliciously or intentionally burns, sets fire to, attempts to set
fire to, or causes to be burned or any fire to be set to any forest, grass, woodlands, or
other inflammable vegetation on any lands not owned, leased, controlled, or in the lawful
possession of the person, firm, association, or corporation setting the fire or burning such
lands or causing the fire to be set or lands to be burned. (2) Shall have in his or her possession
or shall set, throw or place any device, instrument, or other incendiary paraphernalia, including
any time-delay incendiary device, in or adjacent to any forest, grass, woodlands, or other
inflammable vegetation, which forest, grass, woodland or other...
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