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12-19-134
Section 12-19-134 Taxation and collection of amount proved; limitation on number of witnesses
to prove any one matter. (a) Upon the final disposition of any civil case, the amount proved
by the witnesses, as provided in this article, must be taxed in the bill of costs against
the rightful party, setting forth the name of each witness and the amount allowed him, which
must be collected by the sheriff for the use of such witnesses and be paid to the clerk issuing
the execution, unless the certificate of such clerk, with the receipt of the witnesses thereon,
is produced to the sheriff. (b) Not more than two witnesses shall be taxed in any bill of
costs who were called to prove any one matter of fact or, having been subpoenaed, were not
examined unless the court, upon a motion to retax the costs, should, in its discretion, consider
that the circumstances of the case warranted the examining or summoning of more than two witnesses
for the proof of a particular fact or unless such witnesses...
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2-17-19
Section 2-17-19 Condemnation proceedings generally; disposition of condemned animals or articles;
payment of costs, fees and expenses, etc. (a) Any carcass, part of a carcass, meat or meat
food product or poultry food product of any of the animals or birds subject to inspection
under this chapter or any such animal or bird that is dead, dying, disabled or diseased that
is being transported in intrastate commerce or is held for sale in this state after such transportation
and that is or has been prepared, sold, transported or otherwise distributed or offered or
received for distribution in violation of this chapter or is capable of use as human food
and is adulterated or misbranded or in any other way is in violation of this chapter shall
be liable to be proceeded against and seized and condemned at any time by writ of attachment
for condemnation in any proper court as provided in Section 2-17-30 within the jurisdiction
of which the article or animal is found. Such writ of attachment...
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45-49-233.01
Section 45-49-233.01 Fees for services. (a) The Sheriff of Mobile County shall be entitled
to receive the following fees for the services as listed below in civil and criminal cases:
SERVICE FEE (1) Levying attachment. $25 (2) Summoning garnishee and making return. $10 (3)
Garnishment notice to defendant. $10 (4) Serving summons and other mesne process, except subpoenas
for witnesses, and returning same. $10 (5) Summoning each witness and returning subpoenas.
$ 5 (6) Executing a writ of possession. $25 (7) Making a deed to real estate sold. $25 (8)
Serving summons and making returns in cases of forcible entry and detainer. $25 (9) Executing
writs of restitution in such cases. $25 (10) Collecting execution for cost only. $25 (11)
Serving subpoenas on bill in chancery proceedings and returning the same, for each defendant.
$25 (12) Serving any court summons not herein provided for and making return. $10 (13) Serving
attachment for contempt of court or rule to show cause. $10 (14) Taking...
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9-11-252.1
Section 9-11-252.1 Motor vehicle, weapons, etc., used in nighttime deer hunting declared contraband;
seizure report; condemnation and forfeiture; disposition of proceeds. (a) Any motor vehicle,
or any gun, rifle, ammunition or other hunting equipment which has been or is used for illegal
nighttime deer hunting shall be contraband, and, in the discretion of the circuit court may
be forfeited to the State of Alabama, as hereinafter provided. (b) The sheriff or any other
person authorized to enforce the game and fish laws of this state who apprehends any person
hunting deer in the nighttime, or who finds any vehicle which is being or has been used in
such illegal nighttime hunting shall seize such vehicle and any gun, rifle, ammunition or
other deer hunting equipment found in the possession of or on the person of such person or
in or on such vehicle and shall report such seizure and the facts connected therewith to the
district attorney or other prosecuting official in the judicial...
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15-12-25
Section 15-12-25 Reimbursement of fees of court appointed counsel by defendant; default. (a)(1)
A court may require a convicted defendant to pay the fees of court appointed counsel. Fees
of court appointed counsel for the purposes of this section, shall mean any attorney's fees
and expenses paid an appointed counsel, contract counsel, or public defender. (2) The court
shall not order a defendant to pay the fees of court appointed counsel unless the defendant
is or will be able to pay them. In determining the amount and method of payment of these fees,
the court shall take into account the financial resources of the defendant and the nature
of the burden that payment of the fees will impose. A defendant who has been ordered to pay
the fees of court appointed counsel and who is not in contumacious default in the payment
thereof may at any time petition the court which sentenced him or her for remission of the
payment of these fees or of any unpaid portion thereof. If it appears to the...
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6-6-166
Section 6-6-166 Return - Where levy made in different county than where judgment entered or
original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered
or the original attachment issued, if a claim is interposed to the property, it is the duty
of the officer levying the writ to return the original to the court from which it issued,
with a statement thereon showing the interposition of the claim and true copies of the affidavit
and bond, certified by him; and he must return the original affidavit and bond and a true
copy of the writ under which the levy was made, certified by him, to the circuit court of
his own county, where, after 30 days, the trial of the right of property must be had. The
copies thus required to be made, certified as provided in this section, must be received in
lieu of and have, in all respects, the same effect as the originals. (b) If, in the...
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42-2-7
Section 42-2-7 Commissioners for assessment of damages and compensation - Appointment; notice
to commissioners; duties. If the application is granted, the judge of probate must appoint
three citizens of the county in which the lands sought to be condemned are situated, who shall
possess the qualifications of jurors, who shall be disinterested and who shall be required
to file a certificate along with their award that neither of them had ever been consulted,
advised with or approached by any person in reference to the value of the lands or the proceedings
to condemn the same, prior to the assessment of the damages, and that they knew nothing of
the same before their appointment. The judge of probate is authorized to fill any vacancy
occasioned by the death, resignation, failure to act or any disqualification of any such commissioners
from interest, prior knowledge of the subject matter or by being consulted, advised with or
approached in reference to the condemnation of such lands prior...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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9-11-91.1
Section 9-11-91.1 Unauthorized fishing from or near fish farm. (a) It shall be unlawful for
any person to fish or take fish from any fish farm except with the consent of the owner thereof.
Any person possessing fishing tackle on the premises of a fish farm shall be rebuttably presumed
to be fishing. (b) Any motor vehicle, or fishing tackle, or other fishing equipment which
has been or is used for illegal fishing shall be contraband, and, in the discretion of the
circuit court may be forfeited to the county wherein the violation occurred, as provided by
law. A commercial fish pond shall be posted with signs which are readable from the public
right-of-way. (c) The sheriff or any other person authorized to enforce the game and fish
laws of this state who apprehends any person violating the provisions of this section, or
who finds any vehicle which is being or has been used in illegal fishing shall seize the vehicle
and any fishing tackle and other fishing equipment found in the possession...
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12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
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