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28-4-287
Section 28-4-287 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending condemnation action; proceedings upon failure of defendant or claimant to deliver
said vehicle, etc., upon entry of judgment of condemnation. Whenever a conveyance, vehicle
of any kind or animal used in drawing the same is seized by an officer of the state under
the prohibition laws of this state, the defendant in the proceedings or the claimant of the
property shall have the right to execute a bond in double the value of such property or of
any item thereof, with good and sufficient surety, to be approved by the sheriff or the register
or clerk of the circuit court and conditioned, in the event the said property is condemned,
to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation
and to pay any difference between the value of said property at the time of the seizure and
the time of the delivery to the sheriff after condemnation, such...
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28-3-244
Section 28-3-244 Condemnation and delivery to board of liquors seized upon which federal tax
has been paid and containers of which are unbroken or unopened. Any liquors and beverages
that are prohibited to be sold or otherwise disposed of in this state, including malt or brewed
beverages, together with the vessels or other receptacles in which they are contained, that
have been heretofore or may hereafter be seized by any officer of the state, county or municipal
government, regardless of whether seized under the authority of a search warrant or not, upon
which it appears that the federal tax has been paid, the federal stamp being located on the
container being prima facie evidence thereof, and the containers of which appear to be unbroken
or which appear to have never been opened after the placing thereon of the federal stamp or
seal shall, upon a court order of forfeiture, be delivered immediately to the Alcoholic Beverage
Control Board at Montgomery, Alabama, or to a properly...
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28-4-273
Section 28-4-273 Forfeiture and condemnation proceedings generally - Conduct of hearing or
trial generally; entry of judgment of forfeiture and delivery of liquors and beverages to
Alcoholic Beverage Control Board generally; destruction of nonfederal tax-paid liquors and
beverages; disposition of funds paid into court by Alcoholic Beverage Control Board. If no
party appears to make a claim at the time specified in the notice or if no verified answer
controverting the allegations of the complaint and the grounds for issuance of the search
warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If
it is established upon the hearing before said judge or upon the trial of the action, if issue
be joined, that the liquors so seized are kept, stored or deposited for the purpose of unlawful
sale or other disposition or for furnishing or distribution within this state or if it appears
that the complainant has established a ground for the issuance of such search...
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28-4-232
Section 28-4-232 Entry of judgment for abatement of nuisance and destruction of all prohibited
liquors and beverages, movable property, etc., used in connection with nuisance. Upon the
final hearing of the action instituted to abate a liquor nuisance, if it shall appear that
the petition has been sustained by the evidence or has been admitted, the court shall enter
a judgment ordering abatement of the nuisance, which judgment shall order the destruction
of all such prohibited liquors and beverages as are found upon the premises, together with
all signs, screens, bars, bottles, glasses and other movable property used in keeping and
maintaining said nuisance, and the destruction of all such liquors and beverages and such
movable property as may have been seized under authority of the court pending the hearing
of the action. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4677; Code
1940, T. 29, §147.)...
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28-4-281
Section 28-4-281 Correction of defects or irregularities in notice, etc., in forfeiture and
condemnation proceedings. Whenever in any proceedings for forfeiture and condemnation of liquors
and beverages and vessels and receptacles it shall appear to the judge or court that there
has been any irregularity in the service of any process or notice or any omission to post
or serve notices required or any defect in the affidavit or notice or in the service or return
of either, the judge or court may permit the same to be amended and may direct such further
service of process or of notice as will, in the judgment of the judge or court, be most effectual
in securing notice of the proceeding to those who may be entitled thereto and so that the
proceeding may not fail for any irregularity or technicality. (Acts 1909, No. 191, p. 63;
Acts 1915, No. 2; p. 8; Code 1923, §4769; Code 1940, T. 29, §238.)...
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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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28-4-290
Section 28-4-290 Advertisement and sale by sheriff, etc., of vehicle, animal, etc., seized
for illegal transportation of liquor or beverages where owner, etc., cannot be ascertained;
rights in seized vehicles, animals, etc., disposed of upon such sale by sheriff or sale by
court in condemnation proceedings. Any sheriff or other officer who seizes or comes into possession
of such vehicle, animal or property illegally used for the transportation of liquor or beverages
within or into the state and does not know or cannot ascertain the possessor or owner thereof
shall advertise and sell the same according to the rules for selling personal property under
execution, and both the court in condemnation proceedings and the said officer on advertisement
shall sell the right of all interested persons in and to said conveyances, vehicles and other
property who aided or assisted in the illegal transportation or who had knowledge or notice
thereof or could by reasonable diligence have obtained...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-290.htm - 1K - Match Info - Similar pages
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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28-4-288
Section 28-4-288 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc.,
upon affirmance of judgment upon appeal, etc. Whenever a conveyance, vehicle of any kind or
animal used in drawing the same is seized by an officer of the state under the prohibition
laws of this state and has been condemned by the circuit court that tried the action, the
defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme
Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the
value of said property and of the several items separately and shall have the right to execute
a bond with two good sureties in double the appraised value of such property or of any item
or items thereof, to be approved by the clerk or register of the circuit court, conditioned,
in the event the appeal is affirmed or reversed and the conveyance, vehicle,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-288.htm - 2K - Match Info - Similar pages
28-4-277
Section 28-4-277 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Persons entitled to appeal; bond for costs of appeal required; right to
jury trial; proceedings in circuit court. Any person appearing and becoming a party defendant
as provided in this article may appeal from the judgment of forfeiture and condemnation as
to the whole or any part of the liquors and beverages and vessels and receptacles claimed
by him and adjudged forfeited to the circuit court as in other cases appealed from a district
court to a circuit court, the appeal to be granted upon parties giving bond for the cost of
appeal, that will be incurred in the circuit court. Upon written demand being made therefor
endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled
to a jury for the trial of the action in the circuit court. Said circuit court shall proceed
with the case de novo and may cause suitable issues to be framed for the...
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