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28-4-321
Section 28-4-321 Contents and sufficiency of charges in indictments, complaints, affidavits,
etc., for sale, offer for sale, possession, etc., of prohibited liquors and beverages, etc.,
generally; proof of charges generally; admissibility in evidence of testimony of persons purchasing,
etc., prohibited liquors and beverages, etc.; immunity from prosecution of persons testifying
as to violations of chapter, etc. In an indictment, complaint or affidavit for selling, offering
for sale, keeping for sale or otherwise disposing of spirituous, vinous or malt liquors, it
is sufficient to charge that the defendant sold, offered for sale, kept for sale or otherwise
disposed of spirituous, vinous or malt liquors contrary to law, and in an indictment, complaint
or affidavit for selling, offering for sale, keeping for sale or otherwise disposing of prohibited
liquors and beverages, it is sufficient to charge that the defendant sold, offered for sale,
kept for sale or otherwise disposed of...
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28-4-225
Section 28-4-225 Application for and issuance of writ directing seizure of prohibited liquors
and beverages, movable property, etc., used in connection with nuisance pending hearing of
action. If the petition shall request a writ of seizure authorizing the sheriff to seize all
prohibited liquors and beverages on the premises, together with all signs, screens, bars,
bottles, glasses and other movable property used in keeping and maintaining said nuisance,
the officer, or citizen or citizens filing the petition may, at the time they apply for a
preliminary injunction, make application to the judge who grants the preliminary injunction
or to the judge of the court in which the petition is or is to be filed or they may, at any
time pending the hearing, make such application to said judge for such writ of seizure, and
said writ may be ordered to issue when probable cause is shown, supported by oath or affirmation
for the issuance of said writ, that the officer or person making the...
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28-4-271
Section 28-4-271 Forfeiture and condemnation proceedings generally - Prosecution of action.
Where an officer seizes liquors and beverages and vessels and receptacles under a search warrant,
he shall appear on the day fixed for the hearing. The district attorney or his deputy shall
appear and prosecute said action on behalf of the state. (Acts 1909, No. 191, p. 63; Acts
1915, No. 2, p. 8; Code 1923, §4767; Code 1940, T. 29, §236.)...
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28-4-293
Section 28-4-293 Property rights in prohibited liquors and beverages, vessels, vehicles, etc.,
kept, used, etc., for purpose of violating temperance laws, etc.; seizure, forfeiture, disposition,
etc., of same generally. No property rights of any kind shall exist in prohibited liquors
and beverages, vessels, fixtures, furniture, implements or vehicles kept or used for the purpose
of violating any law for the promotion of temperance or the suppression of the evils of intemperance,
nor in any such liquors and beverages when received, possessed or stored in any forbidden
place or anywhere forbidden by law. In all such cases the liquors and beverages are forfeited
to the State of Alabama and may be searched for and seized and forfeited and disposed of under
the rules prescribed by law concerning contraband liquors and beverages or by order of the
judge or court, after a conviction, when such liquors and beverages have been seized for use
as evidence. (Acts 1915, No. 491, p. 553; Code 1923,...
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28-4-51
Section 28-4-51 Unexplained possession of part or parts of still, etc., deemed prima facie
evidence of violation of Section 28-4-50. The unexplained possession of any part or parts
of any still, apparatus, appliance or any device or substitute therefor commonly or generally
used for or that is suitable to be used in the manufacture of prohibited liquors and beverages
shall be prima facie evidence of a violation of Section 28-4-50. (Acts 1919, No. 737, p. 1086;
Code 1923, §4657; Code 1940, T. 29, §132.)...
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11-51-12
Section 11-51-12 Filing of list in circuit court; entry of civil actions for assessments on
trial docket; issuance, execution, and return of summons notifying owners of institution of
proceedings against property generally. Such lists shall be filed with the register or clerk
of the circuit court. The register or clerk shall cause to be entered on the trial docket
in such court in a well-bound book kept for that purpose a civil action for each assessment
of property of the city or town against such property so assessed. Said docket shall show
the amount of the taxes sought to be collected, a description of the property and the name
of the owner, if known. Upon the filing of the certificate, the register or clerk is directed
to issue a summons, as in other civil actions, containing a description of the property and
notifying each owner of the filing of the proceedings against his property. Only one summons,
however, shall be necessary if two or more pieces of property are assessed to...
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15-18-80
Section 15-18-80 Issuance and delivery of warrant for execution; delivery of condemned person;
return of receipt; compensation of sheriff. (a) Whenever any person is sentenced to death,
the clerk of the court in which the sentence is pronounced shall, within 10 days after sentence
has been pronounced, issue a warrant under the seal of the court for the execution of the
sentence of death, which warrant shall recite the fact of conviction, setting forth specifically
the offense, the judgment of the court and the time fixed for his execution, and which shall
be directed to the warden of the William C. Holman unit of the prison system at Atmore, commanding
him to proceed, at the time and place named in the sentence, to carry the same into execution,
as provided in Section 15-18-82, and the clerk shall deliver such warrant to the sheriff of
the county in which such judgment of conviction was had, to be by him delivered to the said
warden, together with the condemned person as provided in...
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28-4-280
Section 28-4-280 Allowances and fees of officers executing search warrants and attending and
prosecuting forfeiture and condemnation actions for state. There shall be allowed the officer
making the seizure under a search warrant the sum of $3.00 and also the additional sum of
$2.00 for every day that such officer shall necessarily be employed in attending court for
the purpose of causing liquors and beverages and vessels and receptacles seized to be forfeited
or condemned and the sum of $.10 per mile for each mile he shall travel in executing the warrant,
together with such reasonable sum as the court may deem just for necessary expenses incurred
in transporting and providing storage for liquors and beverages and vessels and receptacles
seized. Where a warrant is issued to any peace officer to search a designated place for prohibited
liquors and beverages and such officer executes such warrant and seizes such liquors or beverages,
but fails to arrest any person or persons for having...
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28-4-269
Section 28-4-269 Forfeiture and condemnation proceedings generally - Issues and parties generally;
style of action; trial of action generally. The issue thus framed shall be deemed an action
pending in the court of the judge who issued the warrant between the State of Alabama, on
the relation of the complainant, and the liquor and beverages and vessels and receptacles
so seized and against the party in possession of the liquors and beverages or against the
party who interposes the claim, and may be entitled in the name of the State of Alabama against
the said party so appearing, if any, and if no one appears, may be entitled as against said
liquors and beverages adding for identification the name of the person or persons mentioned
in the affidavit or warrant. The said action shall be tried in the district court as other
actions are tried therein. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4757; Code 1940, T. 29, §226.)...
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28-4-285
Section 28-4-285 Conveyances, vehicles of transportation or animals used for illegal conveyance
of prohibited liquors and beverages declared contraband and forfeited to state; seizure of
said conveyances, etc., and reporting thereof by sheriffs, etc., finding same; confiscation
and condemnation generally. All conveyances and vehicles of transportation of any kind, whether
on the waters of the state, under the waters, on land or in the air, including any animals
that may be used in such transportation, whether hitched or not hitched to any vehicle so
illegally used, together with all harness and other accessories employed in such illegal transportation,
which have been or are used for the illegal conveying of any prohibited liquors or beverages
into this state or from one point in the state to another point within the state shall be
contraband and shall be forfeited to the State of Alabama, and shall be seized by any sheriff
or any other person acting under authority of law in the...
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