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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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28-4-250
Section 28-4-250 Authorization and procedure generally. Prohibited liquors and beverages kept,
stored or deposited in any place in this state for the purpose of sale or unlawful disposition
or unlawful furnishing or distribution and the vessels and receptacles in which such liquors
are contained are declared to be contraband and are forfeited to the state when seized and
may be condemned for destruction as provided in this article, and prohibited liquors and beverages
may be searched for, seized and ordered to be destroyed as set forth in this article. In all
criminal prosecutions against any person for violating the provisions of the prohibition laws
of this state, the court, upon a conviction, may order the destruction of such prohibited
liquors or beverages as had been sold, offered for sale, had, kept in possession for sale
or otherwise disposed of by the defendant, or had been employed by him for use or disposition
at any unlawful drinking place or had been kept or used in...
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28-4-256
Section 28-4-256 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Issuance by judge. If the judge of the district court is satisfied of the existence
of ground or grounds for the application, or one of them, or that there is probable cause
to believe the existence of them, or one of them, he must issue a search warrant, signed by
him, directed to the sheriff or to any lawful officer, commanding him to forthwith search
the place named for the prohibited liquors and beverages and to bring them before the judge.
If the warrant is sought to search a place whose keeper or owner is unknown, the affidavit
may so state and the warrant may issue accordingly. The judge of the district court may direct
the warrant to the chief of police or any police officer of a municipality when the place
to be searched is within a municipality or within the police jurisdiction thereof. (Acts 1909,
No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4746; Code 1940,...
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28-4-286
Section 28-4-286 Institution of proceedings for condemnation of vehicles, etc.; seized property
not to be retaken by replevin or detinue during pendency of action; intervention by parties
claiming superior right to seized property; powers of court to regulate proceedings to permit
parties claiming vehicles, etc., to assert rights. It shall be the duty of such officer in
the county or the Attorney General of the state to institute at once or cause to be instituted
condemnation proceedings in the circuit court by filing a complaint in the name of the state
against the property seized, describing the same, or against the person or persons in possession
of said vehicles of transportation, if known, to obtain a judgment enforcing the forfeiture.
No replevin or detinue writ may be employed to retake possession of such seized property pending
the forfeiture action, but any party claiming a superior right may intervene by motion in
said action and have his claim adjudicated. The judge...
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28-4-291
Section 28-4-291 Disposition of proceeds from sale of such property forfeited to state. Unless
otherwise provided by law, the proceeds of the sale of any such property forfeited to the
state, whether sold by court order or by an officer under advertisement, shall, after paying
all expenses in the action, or of advertisement, as the case may be, including the costs of
seizure and of keeping the property pending the proceedings, be applied as follows: One half
of the proceeds shall be paid into the general fund of the county in which the property is
seized, and the other one half shall be paid into the law-enforcement fund to be used and
applied on the enforcement of state laws under the supervision and control of the Governor;
provided, that when such property shall be seized by an officer of a municipality, one half
of the proceeds of the sale shall be paid into the general fund of the municipality, one quarter
shall be paid into the general fund of the county, and the other one...
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31-2-100
Section 31-2-100 Courts-martial for members of National Guard - Subpoena of witnesses. A court-martial
may subpoena any witness residing within 100 miles of the place where the court is sitting
to appear and testify before it, and the sheriff, on receiving any subpoena issued by direction
of the court-martial and signed by the judge advocate thereof, or by the officer holding a
summary court, shall make service and return of service as provided by law in criminal cases.
Any person failing to appear at any court-martial in this state to testify in accordance with
the subpoena issued by such court-martial, without lawful excuse, is guilty of a misdemeanor
and shall, upon conviction, be fined not more than $100 or imprisoned for not more than 60
days in the county jail, either or both. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940,
T. 35, §136; Acts 1973, No. 1038, p. 1572, §101.)...
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9-11-16
Section 9-11-16 Seizure, forfeiture and disposal of prohibited devices, etc., used in catching,
killing, etc., fish or fur-bearing animals. (a) It shall be the duty of the Commissioner of
Conservation and Natural Resources or any of his wardens or agents to seize all instruments
or devices prohibited by or constructed contrary to law and used unlawfully in trapping, capturing
and killing fur-bearing animals in this state, as well as all instruments or devices prohibited
by or constructed contrary to law and used unlawfully in taking, catching or killing fish
in the public streams or waters of this state and after such seizure to hold the same for
evidence. (b) In all cases of arrests and convictions for the use of such unlawful or illegal
instruments or devices, such instruments or devices are declared to be a nuisance and shall
be carried before the court having jurisdiction of such offense, and said court shall order
such instruments or devices forfeited to the Department of...
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13A-10-207
Section 13A-10-207 Forfeiture of property. (a) All of the following property, real or personal,
shall be subject to forfeiture: (1) All raw materials, products, and equipment of any kind
which are used or intended for use in manufacturing, cultivating, growing, compounding, processing,
delivering, importing, or exporting any explosives or destructive devices in violation of
Act 2009-718. (2) All property which is used or intended for use as a container for property
described in subdivision (1). (3) All moneys, negotiable instruments, securities, other things
of value furnished or intended to be furnished by any person in exchange for explosives or
destructive devices in violation of any law of this state; all proceeds traceable to the exchange;
and all moneys, negotiable instruments, and securities used or intended to be used to facilitate
any violation of Act 2009-718. (4) All conveyances, including aircraft, vehicles, or vessels,
or agricultural machinery, which are used, or are...
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20-2-93
Section 20-2-93 Forfeitures; seizures. (a) The following are subject to forfeiture: (1) All
controlled substances which have been grown, manufactured, distributed, dispensed, or acquired
in violation of any law of this state; (2) All raw materials, products, and equipment of any
kind which are used or intended for use in manufacturing, cultivating, growing, compounding,
processing, delivering, importing, or exporting any controlled substance in violation of any
law of this state; (3) All property which is used or intended for use as a container for property
described in subdivision (1) or (2) of this subsection; (4) All moneys, negotiable instruments,
securities, or other things of value furnished or intended to be furnished by any person in
exchange for a controlled substance in violation of any law of this state; all proceeds traceable
to such an exchange; and all moneys, negotiable instruments, and securities used or intended
to be used to facilitate any violation of any law of this...
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26-8-51
Section 26-8-51 Sale of property to effect removal thereof from state - Disposition of proceeds
from sale; compensation of commissioner. The commissioner must, as soon as practicable after
the receipt of the purchase money for the property sold by him or her, pay the same to the
judge of probate or register or clerk, as the case may be, of the court ordering the sale,
and such money must be retained and safely kept by such judge or register or clerk until the
sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must be,
by such judge or register or clerk, returned to the purchaser. If the sale is confirmed, such
money must be by such officer paid over to the foreign conservator entitled to receive the
same, after deducting therefrom the costs and expenses attending the sale, including compensation
to the commissioner in the amount of two and one-half percent upon the proceeds of such sale,
but in no case more than $100. (Code 1896, §2385; Code 1907,...
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