6-10-123
Section 6-10-123 Enforcement in action. In any civil action, in which a waiver of the right
of homestead or other exemption is sought to be enforced, the fact of waiver and its extent
must be averred in the complaint or petition and by appropriate pleading may be controverted.
If such averment is sustained, the fact of waiver and its extent must be declared in the judgment
and endorsed on the execution or other process issued thereon. Such waiver shall extend to
the costs of the action. (Code 1876, §2849; Code 1886, §2570; Code 1896, §2107; Code 1907,
§4234; Code 1923, §7963; Code 1940, T. 7, §709.)...
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6-6-681
Section 6-6-681 Judgment in favor of defendant. Judgment must, in like manner, be entered in
favor of the defendant in execution against the sheriff or coroner, on three days' notice,
in the following cases: (1) For failure to pay over on demand any excess of money which may
remain upon a sale under execution after satisfaction thereof and of the costs, for the amount
of such excess and five percent per month after demand; (2) For failing to return an execution
wholly or partially satisfied, for 25 percent on the amount paid; and (3) For failing to pay
over on demand money paid or collected on an execution, the whole or any part of which is
enjoined, for the amount so enjoined and five percent per month on the amount from the time
of the demand. (Code 1852, §§2608-2611; Code 1867, §§3038-3041; Code 1876, §§3363-3366;
Code 1886, §§3107-3110; Code 1896, §§3775-3778; Code 1907, §§5911-5914; Code 1923, §§10238-10241;
Code 1940, T. 7, §596.)...
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16-65-6
Section 16-65-6 Bonds generally. (a) Issuance of bonds. The authority is authorized and empowered
to issue its bonds from time to time for the purpose of making equipment loans to finance
equipment costs incurred or to be incurred by educational institutions. Such bonds may be
in such aggregate principal amount as the board of directors shall determine to be necessary
to pay the equipment costs included in such financing. The authority may pay from the proceeds
of the sale of its bonds all expenses, including publication and printing charges, attorneys'
fees, financial advisory fees, and other expenses which the board of directors may deem necessary
or advantageous in connection with the authorization, advertisement, sale, execution, and
issuance of its bonds or the making of equipment loans from the proceeds thereof. (b) Source
of payment. All bonds issued by the authority shall be limited obligations of the authority
payable solely from any combination of the following: (1) The...
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28-3A-23
Section 28-3A-23 Regulation of grant of licenses. (a) No license prescribed in this code shall
be issued or renewed until the provisions of this code have been complied with and the filing
and license fees other than those levied by a municipality are paid to the board. (b) Licenses
shall be granted and issued by the board only to reputable individuals, to associations whose
members are reputable individuals, or to reputable corporations organized under the laws of
the State of Alabama or duly qualified thereunder to do business in Alabama, or, in the case
of manufacturers, duly registered under the laws of Alabama, and then only when it appears
that all officers and directors of the corporation are reputable individuals. (c) Every license
issued under this code shall be constantly and conspicuously displayed on the licensed premises.
(d) Each retail liquor license application must be approved by the governing authority of
the municipality if the retailer is located in a municipality,...
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6-6-600
Section 6-6-600 Judgment - Excluding defendant from office or franchise or prohibiting practice
of profession. When a defendant, whether a natural person or a corporation, against whom such
action has been commenced, is adjudged guilty of usurping or intruding into, or unlawfully
holding or exercising, any office or franchise or unlawfully practicing any profession, judgment
must be entered that such defendant be excluded from the office or franchise or be prohibited
from practicing such profession and that the plaintiff recover costs against such defendant.
Execution shall be issued on such judgment at the expiration of five days from the date thereof,
unless the defendant shall, within such time, take an appeal to the supreme court. Any violation
of any such order shall be a contempt of court. (Code 1852, §2665; Code 1867, §3093; Code
1876, §3433; Code 1886, §3178; Code 1896, §3432; Code 1907, §5465; Code 1923, §9944;
Code 1940, T. 7, §1148.)...
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11-4-23
Section 11-4-23 Duties generally. It shall be the duty of the county treasurer: (1) To receive
and keep the money of the county and disburse the same as below stated: a. To pay out of the
general fund of the county, on presentation and without being audited and allowed by the county
commission, all grand and petit juror certificates and to pay all other claims against the
general funds that must be allowed and audited only after they have been audited and allowed
and a warrant has issued therefor, but only to the extent so allowed, any warrant to the contrary
notwithstanding, and in making payments from said fund he shall observe the order of preference
as prescribed by Section 11-12-15. b. To keep in well-bound books separate registers of claims
presented against the general fund, the special fund if any and the fine and forfeiture fund.
c. To number and register in the order in which they are presented all claims against the
general fund which have been audited and allowed by the...
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12-22-199
Section 12-22-199 Judgment for costs against petitioner when appeal unfavorable; payment thereof
into General Fund; liability for payment. In appeals taken under the provisions of this division,
if the judgment or order of the trial court is affirmed or disposed of otherwise unfavorably
to the defendant or petitioner, the Supreme Court or the Court of Criminal Appeals affirming
said judgment or order shall enter a judgment for costs against the defendant or petitioner,
including an amount equal to the fees of the court reporter paid by the state for transcribing
the evidence and the fees of the clerk incident to the appeal paid by the state. If said costs
are paid by defendant or petitioner, or by another in his behalf, such costs shall be paid
into the General Fund of the State of Alabama. If such costs are not presently paid by the
defendant or petitioner, or by another in his behalf, execution shall be issued by the trial
court upon said judgment against the defendant or petitioner;...
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9-12-8
Section 9-12-8 Proceedings as to violations of chapter - Procedure for sale of condemned boats,
etc.; disposition of proceeds. If the judgment is not stayed by the execution of bond as aforesaid,
the sheriff must, after the expiration of 10 days, advertise and sell the boat or vessel,
her tackle, etc., in the same manner as the sales under execution and, after deducting all
necessary expenses of the seizure and costs of sale, of which he shall render an account on
oath, pay the residue to the county treasurer of the county in which the seizure is made,
who may allow him 10 percent thereon for his trouble. The money thus received by the treasurer
must be held for the same purpose as that arising from fines and forfeitures. (Code 1852,
§1127; Code 1867, §1307; Code 1876, §1615; Code 1886, §4726; Code 1896, §5581; Code 1907,
§7502; Code 1923, §5110; Code 1940, T. 8, §171.)...
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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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36-27-28
Section 36-27-28 Exemption from execution; recovery actions. (a) Except as provided in subsection
(b), the right of a person to a pension, an annuity, a retirement allowance or to the return
of contributions, the pension, annuity or retirement allowance itself and any optional benefit
or any other right accrued or accruing to any person under the provisions of this article
and the monies in the various funds created by this chapter are hereby exempt from any state
or municipal tax and exempt from levy and sale, garnishment, attachment or any other process
whatsoever and shall be unassignable except as in this article specifically otherwise provided.
(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal
case ordered by a circuit or district court judge in this state are not subject to the exemption
set out in subsection (a), provided all of the following are satisfied: a. The amount of the
restitution ordered is in the amount of one thousand...
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