6-10-38
Section 6-10-38 Contest of exemption claim - Proceedings when homestead found to exceed value
or area allowed. (a) If, on the trial of a contest of a claim of homestead exemption, it is
found that the homestead as claimed exceeds $5,000 in value (or if a husband and wife have
both claimed the exemption to which each is entitled, $10,000), or 160 acres in area, the
court shall forthwith issue an order to the sheriff, returnable in 30 days thereafter, commanding
him to summon three disinterested householders or freeholders of the county in which the homestead
is situated, who, after having been sworn by the sheriff or some officer authorized to administer
oaths to faithfully discharge their duty, shall, if practicable, set off and allot, by metes
and bounds, the homestead exempt to the defendant from levy and sale under process, having
regard both to the quality and value of the real estate and to the selection of the defendant
and taking land most contiguous to the dwelling, and...
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15-15-44
Section 15-15-44 When plea on ground grand jurors improperly drawn to be filed; procedure when
plea sustained. A plea to an indictment, on the ground that the grand jurors by whom it was
found were not drawn in the presence of the officers designated by law must, if the accused
has been arrested, be filed at the session at which the indictment is found, and, if the accused
has not been arrested, it must be filed at the first session at which it is practicable after
the defendant's arrest; and, in all cases before a plea to the merits, if sustained, the defendant
must not be discharged but must be held in custody or bailed, as the case may be, to answer
another indictment at the same or the next session of the court, and the time elapsing between
the first and second indictments, in such case, must not be computed as a part of the period
limited by law for the prosecution of the offense. (Code 1852, §636; Code 1867, §4188; Code
1876, §4890; Code 1886, §4446; Code 1896, §5270; Code...
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27-7-29
Section 27-7-29 Nonresident agents or brokers - Service of process. (a) Each licensed nonresident
producer shall be considered to have performed acts equivalent to and constituting an appointment
of the commissioner as his or her attorney to receive service of legal process issued against
the nonresident producer in this state upon causes of action arising within this state out
of transactions under the nonresident producer's license. Service upon the commissioner as
such attorney shall constitute effective legal service upon the nonresident producer. (b)
The appointment shall be irrevocable for as long as there may be any such cause of action
in this state against the nonresident producer. (c) Service of process under this section
shall be made by leaving three copies of the summons and complaint, or other process, with
the commissioner, along with payment of the fee prescribed in Section 27-4-2, and the service
shall be sufficient service upon the nonresident if notice of the service...
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32-1-4
Section 32-1-4 Appearance upon arrest for misdemeanor. (a) Whenever any person is arrested
for a violation of any provision of this title punishable as a misdemeanor, the arresting
officer shall, unless otherwise provided in this section, take the name and address of such
person and the license number of his or her motor vehicle, and shall issue a summons or otherwise
notify him or her in writing or by an electronic traffic ticket or e-ticket to appear at a
time and place to be specified in such summons, notice, or e-ticket. An electronic traffic
ticket or e-ticket, for purposes of this chapter, is defined as a ticket that is generated
and printed at the site of a traffic violation after a violation has been electronically transmitted
to the court. An arresting officer transfers arrest and licensing information of a violator
electronically to the court. The court electronically records the arrest and issues a complaint
and summons or notice to appear, which is printed at the site of...
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32-9-3
Section 32-9-3 Enforcement of chapter. Any peace officer, including sheriffs and their deputies,
constables and their deputies, police officers and marshals of cities or incorporated towns,
county police or patrols, state or county license inspectors and their deputies, state troopers
and special officers appointed by any agency of the State of Alabama for the enforcement of
its laws relating to motor vehicles, now existing or hereafter enacted, shall be authorized,
and it is hereby made the duty of each of them to enforce the provisions of this chapter and
to make arrests for any violation or violations thereof, without warrant, if the offense is
committed in his or her presence, and with warrant if he or she does not observe the commission
of the offense. If the arrest is made without warrant, the accused may elect to be immediately
taken before the nearest court having jurisdiction, whereupon it shall be the duty of the
officer to so take him or her. If the accused elects not to be...
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33-5-75
Section 33-5-75 Authority of Commissioner of Conservation and Natural Resources to cancel certification
or to suspend or revoke privilege of operating vessel; procedures. (a) The Commissioner of
Conservation and Natural Resources may cancel any boater safety certification upon determining
that the holder of the certification was not entitled to the issuance or that the holder failed
to give the correct or required information in the application for certification. Upon cancellation
the holder shall surrender the certification cancelled and any duplicate. A holder who refuses
to surrender the certification and any duplicate shall be guilty of a Class C misdemeanor,
punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12. (b) The privilege
of operating a vessel on the waters of this state, as defined in Section 33-5-3, shall be
subject to suspension or revocation by the commissioner in like manner and for like cause
as a boater safety certification may be suspended or...
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45-15-80.11
Section 45-15-80.11 Drug and violent crime reduction fee. (a) In addition to all other fees
and court costs, in all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile,
district, and circuit courts in Cleburne County, a docket fee in the amount of five dollars
($5), hereinafter referred to as a drug and violent crime reduction fee, shall be assessed
in each case. The fees, when collected, shall be distributed monthly as follows: One dollar
($1) per case to the Cleburne County Office of the Circuit Clerk and four dollars ($4) per
case to the Cleburne County Sheriff's Office. (b) The drug and violent crime reduction fee
shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited,
a penalty imposed, or where there is issued any alias or capias warrant of arrest. The drug
and violent crime reduction fee shall be in addition to and not in lieu of any other fees
or costs. The drug and violent crime reduction fee shall not be waived or...
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45-49-235.08
Section 45-49-235.08 Release pending trial; conditions; order; notice. (a) Any person charged
with an offense, at his or her appearance before a judicial officer, may be ordered released
pending trial on his or her personal recognizance or upon the execution of an unsecured appearance
bond in an amount specified by the judicial officer, unless the judicial officer determines,
in the exercise of his or her discretion, that such a release will not reasonably assure the
required appearance of such person. When such a determination is made, the judicial officer,
either in lieu of, or in addition to, the above method of release, shall impose the first
of the following conditions of release which will reasonably assure the appearance of the
person for trial or, if no single condition gives that assurance, any combination of the following
conditions: (1) Place the person in the custody of a designated person who agrees to supervise
him or her. (2) Place restrictions on the travel,...
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15-9-42
Section 15-9-42 Arrest without warrant - Commitment to jail or admission to bail. If, from
the examination before the district or circuit court judge, it appears that the person held
is the person charged with having committed the crime alleged, that he probably committed
the crime and, except in cases arising under Section 15-9-34, that he has fled from justice,
the judge must commit him to jail by a warrant reciting the accusation for such a time specified
in the warrant as will enable the arrest of the accused to be made under a warrant of the
Governor on a requisition of the executive authority of the state having jurisdiction of the
offense, unless the accused gives bail as provided in Section 15-9-43, or until he shall be
legally discharged. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §62.)...
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27-10-24
Section 27-10-24 Licensing of surplus line brokers. (a) Any person, while licensed as a resident
insurance producer in this state for the property lines of authority and who is deemed by
the commissioner to have had sufficient experience in the insurance business to be competent
for the purpose may be licensed as a surplus line broker for the types and kinds of insurance
that he or she as a resident producer is licensed to handle as follows: (1) Application to
the commissioner for the license shall be made on forms as designated and furnished by the
commissioner. (2) License fee in the amount stated in Section 27-4-2 shall be paid to the
commissioner. The license shall expire on December 31 next after its issue. (3) Prior to the
issuance of the license, the applicant shall file with the commissioner, and thereafter for
as long as any license remains in effect he or she shall keep in force and unimpaired, a bond
in favor of the State of Alabama in the penal sum of at least fifty...
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