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12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree
of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court
in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the
Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the
circuit court in such cases shall be within the time hereinafter specified: (1) From the decree,
judgment or order on a contest as to the validity of a will, to be taken within 42 days after
the determination of the contest; (2) From the decree, judgment or order on an application
claiming the right to execute a will or administer an estate, to be taken within 42 days after
the hearing and decision of such application, unless the application was denied because the
applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason
of improvidence, intemperance or want of understanding, in...
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15-11-11
Section 15-11-11 Amount of bail to be endorsed on commitment; discharge of defendant. Whenever
a person is committed to jail for a bailable offense under the provisions of this chapter,
the court must endorse on the commitment the amount of bail required and sign his name thereto.
The sheriff of the county to which the defendant is committed may discharge him on giving
sufficient bail in the amount so endorsed and must, in such case, return the undertaking to
the court to which such person is bound to appear within five days thereafter. (Code 1852,
§465; Code 1867, §4014; Code 1876, §4684; Code 1886, §4291; Code 1896, §5240; Code 1907,
§7608; Code 1923, §5241; Code 1940, T. 15, §144.)...
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15-13-22
Section 15-13-22 Qualifications for bail; bond required for bondsmen; qualification when sufficiency
of bail doubtful. (a) Each person signing as surety an undertaking of bail must be: (1) A
resident of this state; and (2) Worth, exclusive of property exempt from execution, the amount
expressed in the undertaking; but the court or magistrate, in taking bail, may allow more
than two persons to justify severally as bail in amounts less than that expressed in the undertaking,
provided the whole is equivalent to two sufficient bails. (b) The court or magistrate in taking
bail, in lieu of the foregoing, may allow a corporation, foreign or domestic, qualified to
do a bonding business in this state and authorized to execute the undertaking of bail, to
execute such bail. (c) Every person engaged in the business of making bail bonds and charging
therefor, except corporations qualified to do a bonding business in this state, shall be required,
in addition to all other requirements of this...
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15-13-80
Section 15-13-80 Failure of defendant to appear; forfeiture of money deposited in lieu of bail.
(a) The essence of all undertakings of bail, whether upon a warrant, writ of arrest, suspension
of judgment, appeal or in any other case, is the appearance of the defendant at court; and
the undertaking is forfeited by the failure of the defendant to appear, although the offense,
judgment or other matter is incorrectly described in such undertaking, the particular case
or matter to which the undertaking is applicable being made to appear to the court. (b) If,
by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited
and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must,
at the end of 30 days, unless the court has before that time discharged the forfeiture, pay
over the money deposited to such officer, official or employee authorized by law to receive
fines levied by such court. Thereupon the court shall, without any...
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15-6-42
Section 15-6-42 Examination anew on appeal; disposition of case; costs. The court to which
an appeal is prosecuted under the provisions of this article must examine the case anew and
may confirm the order of the judge, discharge the appellant or require him to enter into a
new undertaking, with sufficient sureties, to keep the peace in such sum and for such term
as the court thinks proper, and it may make such order in relation to the costs of the prosecution
as seems just, which may be enforced by execution. (Code 1852, §422; Code 1867, §3971; Code
1876, §4041; Code 1886, §4695; Code 1896, §5176; Code 1907, §7535; Code 1923, §5153;
Code 1940, T. 15, §416.)...
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31-2A-7
Section 31-2A-7 (Article 7.) Apprehension. (a) Apprehension is the taking of a person into
custody. (b) Any person authorized by this code or by Chapter 47 of Title 10, U.S.C., or by
regulations issued under either, to apprehend persons subject to this code, any marshal of
a court-martial appointed pursuant to the provisions of this code, and any peace officer or
civil officer having authority to apprehend offenders under the laws of the United States
or of a state, may do so upon probable cause that an offense has been committed and that the
person apprehended committed it. (c) Commissioned officers, warrant officers, petty officers,
and noncommissioned officers have authority to quell quarrels, frays, and disorders among
persons subject to this code and to apprehend persons subject to this code who take part therein.
(d) If an offender is apprehended outside the state, the offender's return to the area must
be in accordance with normal extradition procedures or by reciprocal...
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34-2-34
Section 34-2-34 Refusal, revocation, or suspension of certificate; grounds; hearing; appeal.
The board shall have the following disciplinary powers: (1) To issue reprimands to any licensee
who violates any provision of this chapter or the rules and regulations of the board. (2)
To levy administrative fines for serious violations of this chapter or the rules and regulations
of the board of not more than $5,000 for each day the violation continues, but in no event
shall an administrative fine exceed $25,000 total per violation. (3) To refuse to issue a
certificate, to suspend a certificate for a definite period, or to revoke the certificate
of registration of an architect who is found guilty of: a. Any fraud or deceit in obtaining
a certificate of registration as determined by the board at a hearing; b. Gross negligence,
incompetence, or misconduct in the practice of architecture as determined by the board at
a hearing; c. A felony or misdemeanor involving moral turpitude by a court of...
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40-15-5
Section 40-15-5 Amended return showing change in federal tax. In the event that the federal
authorities shall, after the filing of the return with the Department of Revenue, increase
or decrease the amount of the federal estate taxes as a result of appeal or otherwise, an
amended return shall be filed with the Department of Revenue showing all the changes made
in the original return and the amount of final increase or decrease in the federal estate
tax. If the amended return shall show an increase in the amount of the federal estate tax,
the Department of Revenue shall assess against and there shall be payable in respect to said
estate any deficiency in the tax theretofore paid or assessed. If the amended return shall
show a decrease in the federal estate taxes, the Department of Revenue, on receipt of an appropriate
certificate of refund, abatement or recovery, shall forthwith certify the amount of such refund
found to be due to such estate to the Comptroller, who, upon receipt of...
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6-6-682
Section 6-6-682 Judgment in favor of clerk of appellate court; copy of execution and certification
of clerk as evidence. (a) Judgment must, in like manner, be entered in favor of the clerk
of an appellate court against the sheriff or coroner, on three days' notice: (1) For failure
to return an execution from that court; (2) For making a false return thereon; (3) For failing
to make the money thereon when by due diligence it could have been made; or (4) For failing
on demand to pay over money collected on execution, for the penalties prescribed in this division
for the same defaults on executions issued from the circuit court. (b) On the trial of the
motion by such clerk, a copy of the execution made and certified by him with the return thereon,
if any was made, or a statement that no return was made, if such be the fact, together with
his certificate that the execution was received by the sheriff or sent to him by mail is evidence
of the facts so certified, without producing a...
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12-22-245
Section 12-22-245 Effect of undertaking when conviction reversed and case remanded. When the
judgment of conviction is reversed and the case remanded, such undertaking binds the defendant
to appear from time to time until discharged by law and to answer the charge, as in bail before
conviction, but the defendant is not bound to appear before the trial court pending his appeal.
(Code 1896, §4322; Code 1907, §6253; Code 1923, §3246; Code 1940, T. 15, §377.)...
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