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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26-10A-12
Section 26-10A-12 Persons who may take consent or relinquishments; forms. (a) A consent of
the natural mother taken prior to the birth of a child shall be signed or confirmed before
a judge of probate. At the time of taking the consent the judge shall explain to the consenting
parent the legal effect of signing the document and the time limits and procedures for withdrawal
of the consent and shall provide the parent with a form for withdrawing the consent in accordance
with the requirements of Sections 26-10A-13 and 26-10A-14. (b) All other pre-birth or post-birth
consents or relinquishments shall be signed or confirmed before: (1) A judge or clerk of any
court which has jurisdiction over adoption proceedings, or a public officer appointed by such
judge for the purpose of taking consents; or (2) A person appointed to take consents who is
appointed by any agency which is authorized to conduct investigations or home studies provided
by Section 26-10A-19, or, if the consent is taken out...
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26-2A-139
Section 26-2A-139 Bond. (a) The court must require a conservator to furnish a bond payable
to the judge of probate conditioned upon faithful discharge of all duties of the trust according
to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in
the amount of the aggregate capital value of the property of the estate in the conservator's
control, plus one year's estimated income, and minus the value of securities deposited under
arrangements requiring an order of the court for their removal and the value of any land which
the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court
authorization. The court, in lieu of sureties on a bond, may accept other collateral for the
performance of the bond, including a pledge of securities or any other assets or a mortgage
of land. (b) The court may at any time reduce the bond of the conservator or require the conservator
to provide additional or larger bond as may seem to be proper...
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6-6-591
Section 6-6-591 Right of action and venue - Usurpation, etc., of office or franchise, etc.
(a) An action may be commenced in the name of the state against the party offending in the
following cases: (1) When any person usurps, intrudes into or unlawfully holds or exercises
any public office, civil or military, any franchise, any profession requiring a license, certificate,
or other legal authorization within this state or any office in a corporation created by the
authority of this state; (2) When any public officer, civil or military, has done or suffered
any act by which, under the law, he forfeits his office; or (3) When any association, or number
of persons, acts within this state as a corporation without being duly incorporated. (b) The
judge of the circuit court may direct the action to be commenced when he believes that any
of the acts specified in subsection (a) of this section can be proved and it is necessary
for the public good, or it may be commenced without the direction...
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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15-6-20
Section 15-6-20 Examination of complainant and witnesses; form of affidavit. (a) Whenever complaint
is made to a judge of a circuit, district or municipal court that any person has threatened
or is about to commit an offense on the person or property of another, such judge must examine
the complainant and any witness he may produce on oath, reduce such examination to writing
and cause it to be subscribed by the party so examined. (b) The affidavit may be after the
following form: "State of Alabama, ___ County. Before me, ___,a (circuit, district or
municipal) judge (setting out his name and office) in and for said county and state, personally
appeared A. B., who, being duly sworn, deposes and says that C. D. has threatened to assault
and beat him (or is about) to ___ (here set forth the particular offense threatened or about
to be committed) on the person or property of affiant (or E. F., a third person, as the case
may be.) (Signed) A. B. Sworn to and subscribed...
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17-3-55
Section 17-3-55 Refusal of registration - Appeal. Any person to whom registration is denied
shall have the right of appeal, without giving security for costs, within 30 days after such
denial, by filing a petition in the probate court in the county in which he or she seeks to
register, alleging that he or she is a citizen of the United States over the age of 18 years
having the qualifications as to residence prescribed by law and entitled to register to vote
under the provisions of the Constitution of Alabama of 1901, as amended. Upon the filing of
the petition, the clerk of the probate court shall give notice thereof to the district attorney
authorized to represent the state in the county, who shall appear and defend against the petition
on behalf of the state. The registrars shall not be made parties and shall not be liable for
costs. An appeal will lie to the circuit court in favor of the petitioner if taken within
30 days from the date of the judgment pursuant to Section 12-22-20....
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27-24-2
Section 27-24-2 Sole surety - Corporations. Except as provided in Section 27-24-4, whenever
any person or corporation is, or may be, required or permitted to execute bond or other undertaking,
of whatsoever nature, with surety, or sureties, for the faithful discharge or performance
of the duties of any state, county, municipal, precinct, township, district, or corporate
office or position or of any position of public or private trust or employment for the faithful
discharge or performance of any duty or for the doing or not doing of anything in such bond
or undertaking specified or when any person or corporation is required or permitted to execute
any bond or other undertaking, of whatsoever nature, with surety or sureties, in any judicial
proceeding or as guardian, executor, administrator, receiver, assignee, or trustee, the court,
officer, or person having authority or charged with the duty of approving such bond or undertaking
may, if such bond or undertaking is otherwise...
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32-5A-195
Section 32-5A-195 Cancellation, suspension, or revocation of driver's license; grounds, procedure,
etc. (a) The Secretary of the Alabama State Law Enforcement Agency is authorized to cancel
any driver's license upon determining that the licensee was not entitled to the issuance thereof
or that the licensee failed to give the correct or required information in his or her application.
Upon such cancellation, the licensee must surrender the license so cancelled. If the licensee
refuses to surrender the license, he or she shall be guilty of a misdemeanor. (b) The privilege
of driving a motor vehicle on the highways of this state given to a nonresident shall be subject
to suspension or revocation by the Secretary of the Alabama State Law Enforcement Agency in
like manner and for like cause as a driver's license issued may be suspended or revoked. (c)
The Secretary of the Alabama State Law Enforcement Agency is further authorized, upon receiving
a record of the conviction in this state of a...
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40-3-2
Section 40-3-2 Selection of members; terms of office. (a) This subsection shall apply to every
county in the state except a county subject to the provisions of subsection (b) of this section.
During the month of August, 1943, and during the month of August of each fourth year thereafter,
the county commission of each county, the county board of education and the governing body
of the largest municipality in each county shall each submit in writing to the state Commissioner
of Revenue the names of three persons, and the governing body of each other incorporated municipality
within the county shall, in like manner, submit the name of one person, all of whom are residents
of the county, who are each owners of taxable property which is located within this state,
who are each qualified electors in said county and who are, in the opinion of said nominating
body, persons competent to serve as members of the county board of equalization. In those
counties where there is no incorporated...
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