15-21-28
Section 15-21-28 Penalty - Refusal or neglect to deliver true copy of detention order, etc.
Any officer who refuses or neglects to deliver a true copy of the order, writ, warrant or
process by virtue of which he detains any prisoner, either to the prisoner himself or to any
other person who applies for the same on his behalf, for six hours after demand is made, forfeits
to the prisoner $200.00, and is also guilty of a misdemeanor, on conviction of which he shall
be fined not less than $50.00 nor more than $500.00; but no officer is required to deliver
more than two copies of such order, writ, warrant or process. (Code 1852, §739; Code 1867,
§4290; Code 1876, §4966; Code 1886, §4789; Code 1896, §4842; Code 1907, §7037; Code 1923,
§4336; Code 1940, T. 15, §32.)...
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45-49-233.01
Section 45-49-233.01 Fees for services. (a) The Sheriff of Mobile County shall be entitled
to receive the following fees for the services as listed below in civil and criminal cases:
SERVICE FEE (1) Levying attachment. $25 (2) Summoning garnishee and making return. $10 (3)
Garnishment notice to defendant. $10 (4) Serving summons and other mesne process, except subpoenas
for witnesses, and returning same. $10 (5) Summoning each witness and returning subpoenas.
$ 5 (6) Executing a writ of possession. $25 (7) Making a deed to real estate sold. $25 (8)
Serving summons and making returns in cases of forcible entry and detainer. $25 (9) Executing
writs of restitution in such cases. $25 (10) Collecting execution for cost only. $25 (11)
Serving subpoenas on bill in chancery proceedings and returning the same, for each defendant.
$25 (12) Serving any court summons not herein provided for and making return. $10 (13) Serving
attachment for contempt of court or rule to show cause. $10 (14) Taking...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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15-21-16
Section 15-21-16 Service of writ. A writ of habeas corpus must be served by the sheriff, deputy
sheriff or some constable of the county in which it is issued or in which the person on whose
behalf it issued out is imprisoned or detained, by delivering a copy to the person to whom
it is directed and showing the original, if demanded. If such person cannot be found, conceals
himself or refuses admittance to the officer, the writ may be served by leaving a copy at
the place where the party is confined with any person of full age who, for the time being,
has charge of the party or by posting it in a conspicuous place on the outside of the house
or building in which the party is confined. (Code 1852, §722; Code 1867, §4273; Code 1876,
§4949; Code 1886, §4773; Code 1896, §4826; Code 1907, §7021; Code 1923, §4320; Code 1940,
T. 15, §16.)...
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15-21-9
Section 15-21-9 Form of writ. A writ of habeas corpus may be, in substance, as follows: The
State of Alabama,) ___ County.) To the sheriff of ___ County (or other person by whom the
party is imprisoned or restrained): You are hereby commanded to have the body of A. B. alleged
to be detained by you, by whatsoever name the said A. B. is called or charged, with the cause
of such detention, before C. D., judge of the circuit court (or other officer, as required
by Section 15-21-8), on _____ at _____ (specifying the time and place, or immediately after
the receipt of this writ, as the case may be), to do and receive what shall then and there
be considered concerning the said A. B. Dated this ____ day of _____, 20___. (Signed by the
officer, with his official title.) (Code 1852, §716; Code 1867, §4267; Code 1876, §4943;
Code 1886, §4767; Code 1896, §4820; Code 1907, §7015; Code 1923, §4313; Code 1940, T.
15, §9.)...
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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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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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15-21-8
Section 15-21-8 Writ to be granted without delay; to whom writ returnable. (a) The judge to
whom the application for a writ of habeas corpus is made must grant the same without delay,
unless it appears from the petition itself or from the documents thereunto annexed that the
person imprisoned or restrained is not entitled to the benefit of the writ under the provisions
of this chapter. (b) When the person is confined in the penitentiary, the writ must be made
returnable before the circuit court of the county in which the convict is confined, but if
the writ is granted more than 10 days before the time fixed for the holding of such court,
it must be made returnable before the nearest circuit court judge. When a person is a patient
or confined in any hospital in the state, the writ must be made returnable before the circuit
court of the county in which the hospital is located in which he is so confined. In all other
cases, the writ must be made returnable before the officer by whom it is...
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15-22-31
Section 15-22-31 Warrant for retaking parolee; arrest without warrant; execution of warrant
and fees therefor. (a) If the parole officer having charge of a paroled prisoner or any member
of the Board of Pardons and Paroles shall have reasonable cause to believe that such prisoner
has lapsed, or is probably about to lapse, into criminal ways or company or has violated the
conditions of his parole in an important respect, such officer or board member may report
such fact to the Department of Corrections, which shall thereupon issue a warrant for the
retaking of such prisoner and his return to the prison designated. (b) Any parole officer,
police officer, sheriff, or other officer with power of arrest, upon the request of the parole
officer, may arrest a parolee without a warrant; but, in case of an arrest without a warrant,
the arresting officer shall have a written statement by the parole officer setting forth that
the parolee has, in his or her judgment, violated the conditions of...
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15-21-10
Section 15-21-10 Writ not to be disobeyed for want of form or misdescription; writ presumed
addressed to recipient. A writ of habeas corpus must not be disobeyed on account of any want
of form or any misdescription of the person to whom it is addressed, and it must be presumed
to have been addressed to the person on whom it is served, notwithstanding any mistake in
the name or address. (Code 1852, §717; Code 1867, §4268; Code 1876, §4944; Code 1886, §4768;
Code 1896, §4821; Code 1907, §7016; Code 1923, §4314; Code 1940, T. 15, § 10.)...
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