12-22-111
Section 12-22-111 Issuance, execution and return of subpoenas for witnesses; liability of witnesses
failing to appear. In cases of appeal, the clerk of the court shall issue subpoenas for such
witnesses as may be required, both for the state and for the accused, returnable to the next
session of the court to which the appeal is taken, which subpoenas shall be executed by the
sheriff and returned to such circuit court. If witnesses so summoned fail to appear and testify
as required, they shall be liable to the same penalties, forfeitures and proceedings as if
the subpoenas had been issued out of the circuit court. (Code 1852, §506; Code 1867, §4056;
Code 1876, §4726; Code 1886, §4228; Code 1896, §4624; Code 1907, §6727; Code 1923, §3840;
Code 1940, T. 15, §360.)...
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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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15-5-6
Section 15-5-6 Form. A search warrant may be substantially in the following form: The State
of Alabama, } To the sheriff or any constable of ___ county} ___ county. Proof by affidavit
having this day been made before me by A. B., that, (stating the particular ground on which
the warrant issued out; or, if the affidavits are not positive, that there is probable ground
for believing that, etc.); you are, therefore, commanded in the daytime (or at any time of
the day or night, as the case may be) to make immediate search on the person of C. D. (or
in the house of C. D., as the case may be), for the following property: (particularly describing
it); and if you find the same, or any part thereof, to bring it forthwith before me at, etc.,
(stating place). Dated the _____ day of _____, 20__ (Signed) E. F., Judge, or Magistrate,
as the case may be." (Code 1852, §831; Code 1867, §4382; Code 1876, §4011; Code 1886,
§4732; Code 1896, §5489; Code 1907, §7762; Code 1923,...
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15-7-21
Section 15-7-21 Discharge of defendant - By judge or magistrate; certification and delivery
of warrant with undertaking. (a) When the offense described in the warrant is a misdemeanor
and it is not executed by the sheriff or his deputy, at the defendant's request, he may be
brought before a judge, or a magistrate when authorized by law to grant bail, of the county
in which the warrant was executed; and such judge or magistrate may, without examination,
discharge such defendant, upon sufficient bail for his appearance before the court having
cognizance of the offense. (b) The judge or magistrate admitting a defendant to bail under
the provisions of subsection (a) of this section must certify the same upon the warrant and
deliver such warrant, with the undertaking, to the officer who executed the warrant, who must
cause the same to be delivered without unnecessary delay to the clerk of the court in which
the defendant is bound by his undertaking to appear. (Code 1852, §§441, 443; Code...
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16-13-93
Section 16-13-93 Form. The following form of warrant shall be valid and sufficient for warrants
issued hereunder, but any other appropriate form may be used: "No. ___ $ ____ State of
Alabama county (city) board of education of the County (City) of ____. County, (City, District
No. _____) capital outlay (refunding) school warrant. The county (city) board of education
of the County (City) of ____, Alabama, is indebted to bearer in the sum of ____ dollars and
hereby directs the custodian (treasurer) of the public school funds of the county (city) to
pay to bearer the said sum on ____, 2__, with interest meanwhile at the rate of ____. percent
per annum payable semiannually to the bearer of the respective coupons therefor hereto attached,
both principal and interest being payable at ____ from the proceeds of a special tax of $.30
on each $100.00 of taxable property in the said county (in the said city, in School District
No. ____ of the said county) duly authorized to be levied and...
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28-4-274
Section 28-4-274 Forfeiture and condemnation proceedings generally - Entry of judgment of dismissal
and return of liquors and beverages, etc., to place or person from which or from whom taken
generally. If the testimony produced on the hearing before the judge or upon such trial before
the judge or court shall fail to establish the complaint or that a ground existed for the
issuance of the warrant or that the liquors and beverages and vessels and receptacles were
kept, stored or deposited for the purpose of unlawful sale, distribution or delivery within
this state, judgment shall be entered dismissing such complaint and providing that such liquors
and beverages and the vessels and receptacles containing the same be returned to the place
from which or to the person from whom they were taken. (Acts 1909, No. 191, p. 63; Acts 1915,
No. 2, p. 8; Code 1923, §4759; Code 1940, T. 29, §228.)...
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32-8-84
Section 32-8-84 Unclaimed motor vehicles; suspension of registration of stolen or converted
vehicles. (a) The following shall be considered an unclaimed motor vehicle: (1) A motor vehicle
left unattended on a public road or highway for more than 48 hours. (2) A motor vehicle, not
left on private property for repairs, that has remained on private or other public property
for a period of more than 48 hours without the consent of the owner or lessee of the property.
(3) A motor vehicle, left on private property for repairs, that has not been reclaimed within
48 hours from the latter of either the date the repairs were completed or the agreed upon
redemption date. (b) A person, as defined in Section 40-12-240, in possession of an unclaimed
motor vehicle shall report the motor vehicle as unclaimed to the Department of Revenue within
five calendar days from the date the motor vehicle first was considered unclaimed. The report
shall be made in a manner as prescribed by the department. (c)(1)...
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35-11-111
Section 35-11-111 Right to enforce lien by attachment. Any person entitled thereto may enforce
such lien in any court of competent jurisdiction, by attachment issued by any officer authorized
to issue such writs, upon executing bond as in other cases of attachment, and upon making
affidavit that the attachment is not sued out for the purpose of vexing or harassing the defendant,
and describing the property on which the lien is claimed and setting forth all the facts necessary
to the creation of the lien under Section 35-11-110, and the amount due, and that one of the
following causes of attachment exists: (1) That the person for whom such vehicle, implement,
machine, or article was made or repaired, or to whom sold, is the owner thereof, and that
the price, if agreed on, or if not, the value of the same, or of the repair thereof, or some
part of either, is due and unpaid. (2) That the person for whom such vehicle, implement, machine,
or article was made or repaired, or to whom sold,...
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37-8-221
Section 37-8-221 Prohibited instruments - Search and seizure. (a) In addition to the grounds
enumerated in Section 15-5-2 for the issuance of search warrants, search warrants may be issued
as prescribed in Title 15, for the seizure of any prohibited instrument, as defined in Sections
37-8-217, 37-8-218, 37-8-220, and this section. (b) Any such prohibited instrument may be
seized by court order, under a search warrant or incident to lawful arrest, and shall be held
by the sheriff or other lawful peace officer subject to the order of the magistrate or the
court to which the proceedings may be carried by appeal; and, upon final disposition of any
proceedings in connection with any prohibited instrument, as defined by Sections 37-8-217,
37-8-218, 37-8-220, and this section, such prohibited instrument shall be destroyed by such
officer. (c) Any prohibited instrument, as defined by Sections 37-8-217, 37-8-218, 37-8-220,
and this section, lawfully seized, shall not be taken from the custody...
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40-7-45
Section 40-7-45 Appeals - Right; time. From any final assessment or valuation of property for
taxation made by any officer, board, or commission, when no other specific mode of appeal
to or review by the circuit court of such assessment or valuation is provided, the taxpayer
may appeal to the circuit court of the county in which such assessment or valuation is made.
Such appeal shall be taken within 15 days from the time such assessment or valuation is entered
upon the tax books or tax rolls. On such appeal the property shall be revalued for assessment
by the court unless a jury is demanded by the taxpayer at the time of taking the appeal. (Code
1923, §6096; Code 1940, T. 51, §74.)...
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