28-4-273
Section 28-4-273 Forfeiture and condemnation proceedings generally - Conduct of hearing or
trial generally; entry of judgment of forfeiture and delivery of liquors and beverages to
Alcoholic Beverage Control Board generally; destruction of nonfederal tax-paid liquors and
beverages; disposition of funds paid into court by Alcoholic Beverage Control Board. If no
party appears to make a claim at the time specified in the notice or if no verified answer
controverting the allegations of the complaint and the grounds for issuance of the search
warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If
it is established upon the hearing before said judge or upon the trial of the action, if issue
be joined, that the liquors so seized are kept, stored or deposited for the purpose of unlawful
sale or other disposition or for furnishing or distribution within this state or if it appears
that the complainant has established a ground for the issuance of such search...
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9-17-22
Section 9-17-22 Illegal oil, gas or product - Seizure, condemnation and sale. Apart from and
in addition to any other remedy or procedure which may be available to the board or any penalty
which may be sought against or imposed upon any person with respect to violations relating
to illegal oil, illegal gas or illegal product, all illegal oil, illegal gas and illegal products
shall, except under such circumstances as are stated in this section, be contraband, forfeited
to the State of Alabama and shall be seized and sold and the proceeds applied as provided
in this section. When any such seizure shall have been made, it shall be the duty of the Attorney
General of the state to institute at once condemnation proceedings in the circuit court of
the county in which such property is seized by filing a complaint in the name of the state
against the property seized, describing the same, or against the person or persons in possession
of such illegal property, if known, to obtain a judgment...
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26-10A-24
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is filed,
the court shall set the matter for a contested hearing to determine: (1) Whether the best
interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a person
capable of being adopted by the petitioner in accordance with the requirements of this chapter.
(3) Whether an actual or implied consent or relinquishment to the adoption is valid. (4) Whether
a consent or relinquishment may be withdrawn. (b) The court shall give notice of the contested
hearing by certified mail to all parties who have appeared before the court. The moving party
and each petitioner shall be present at the contested hearing. The guardian ad litem shall
appear and represent the interests of the adoptee. (c) The court may continue the hearing
from time to time to permit notice to all parties, or to permit further discovery, observation,
investigation, or consideration of any fact or circumstances...
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12-14-13
Section 12-14-13 Probation. (a) Municipal courts may suspend execution of sentence and place
a defendant on probation for varying periods of time, not to exceed two years. (b) The court
may require such investigations as may be deemed necessary and desirable to be made by a probation
officer or such other suitable person or persons as the court may designate as to the circumstances
of the offense and the criminal record, social history and present condition of the defendant.
(c) The court may suspend the execution of sentence and continue the defendant under an existing
bond or may require such additional bail as it deems necessary pending the disposition of
the application for probation. (d) The court shall determine and may, at any time, modify
the conditions of probation and may require the probationer to comply with the following or
any other conditions: (1) To avoid injurious or vicious habits; (2) To avoid persons or places
of disreputable or harmful character; (3) To report to...
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17-16-46
Section 17-16-46 Procedure for examination of ballots, voting machines, etc.; bond. In all
election contests involving elections other than party primaries or runoffs: (1) The examining
person or candidate seeking to examine the ballots, electronic voting machines, or electronic
voting machine computations or printouts must move, within 10 days of the filing of the contest,
the court before whom the election contest is pending for an examination. The court shall
set a hearing on the motion for examination which must take place within 10 days after service
of the motion on the parties and candidates involved in the election contest. The hearing
shall be held to determine the procedures to be used for the examination and the court shall,
within five days after the hearing, set forth the procedures for the examination. Absent a
subsequent court order extending the time for reasonable cause shown, the examination must
be finished within 15 days of the court order which sets forth the...
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6-10-36
Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages resulting
from detention on bond; judgment and execution on bond. When bond has been executed by the
plaintiff or defendant for the forthcoming of the property in contest, the value of the property,
and the damages resulting from its detention must be assessed by the court or jury trying
the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property
and pay the damages as required by the condition of the bond, it shall be the duty of the
sheriff to make due return of that fact; and, upon such return being made, the bond shall
have the force and effect of a judgment, and execution may issue thereon against the obligors
on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907;
Code 1940, T. 7, §650.)...
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15-21-14
Section 15-21-14 Issuance of precept; execution of precept by sheriff or constable. (a) At
the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the
officer issuing the writ must, on a proper showing, issue a precept directed to any sheriff
or constable of the state, commanding him to have the body of the person who is imprisoned
or restrained produced before the officer before whom the writ is returnable at the time and
place at which it is returnable. (b) Such precept must be executed by any sheriff or constable
into whose hands it may come according to its mandate. (c) If the party is brought before
the court or judge by virtue of a precept issued under the provisions of this section, the
case must be heard and determined as if he had been produced in return to the writ. (Code
1852, §§720, 727; Code 1867, §§4271, 4278; Code 1876, §§4947, 4954; Code 1886, §§4771,
4778; Code 1896, §§4824, 4831; Code 1907, §§7019, 7026; Code 1923,...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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30-4-59
Section 30-4-59 Suspension of sentence; order of payment of support for wife or children; release
of defendant on probation; bond. At the trial on an entry of a plea of guilty, or after conviction
and after judgment and sentence has been imposed, as provided in this article, the judge of
the juvenile court in the first instance, or the judge of the circuit court on appeal and
trial de novo, may, in his discretion, suspend such judgment and sentence, and, having regard
to the circumstances and to the financial ability or earning capacity of the defendant, may
make an order, which shall be subject to change by the judge of the juvenile court, from time
to time, as circumstances may require, directing the defendant to pay a certain sum periodically
to the clerk of the juvenile court for the use of the defendant's wife or for the use of his
wife and child or children, or for the use of his child or children, and to release the said
defendant from custody on probation, upon his entering...
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6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
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