28-4-227
Section 28-4-227 Disposition of liquor and beverages, etc., seized upon final judgment generally
- Destruction. Whenever it shall be finally decided in the action that the liquors seized
as aforesaid are forfeited and that they were kept or stored for an illegal purpose, the judgment
of the court shall order the officer having said liquors in custody to forthwith destroy the
same, together with the vessels containing the same, and other movable property used in keeping
and maintaining the nuisance and immediately thereafter to make return of said order to the
court whence it issued, with his action endorsed thereon. (Acts 1909, No. 191, p. 63; Acts
1915, No. 2, p. 8; Code 1940, T. 29, §150.)...
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28-4-268
Section 28-4-268 Answer by persons claiming right, title, etc., in liquors and beverages, etc.,
seized. At the time and place specified in the notice, any person claiming any right, title
or interest in the liquors and beverages and vessels and receptacles seized under such warrant
may interpose a verified answer controverting the allegations of the complaint upon which
said warrant was issued and controverting the ground or grounds upon which the warrant was
issued, and such person shall propound in such answer what right, title or interest he claims
in the liquors and beverages or vessels and receptacles seized. (Acts 1909, No. 191, p. 63;
Acts 1915, No. 2, p. 8; Code 1923, §4756; Code 1940, T. 29, §225.)...
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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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28-4-251
Section 28-4-251 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Authorization and procedure generally. Search warrants for the seizure of liquors
and beverages that are prohibited to be sold or otherwise disposed of in this state, together
with the vessel or other receptacle in which they are contained, may be issued as prescribed
in this article, and proceedings may be had to secure the destruction of such liquors, beverages,
vessels and receptacles upon the grounds and in the manner provided in this article. (Acts
1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4741; Code 1940, T. 29, §210;
Acts 1951, No. 905, p. 1544.)...
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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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28-4-275
Section 28-4-275 Forfeiture and condemnation proceedings generally - Apportionment and taxing
of costs. If judgment shall be against only one party defendant appearing, he shall be charged
to pay all the costs of the proceeding in the seizure and detention of the liquors and beverages
and vessels and receptacles claimed by him and the costs of the trial. But if judgment shall
be entered against more than one party claiming distinct parts of or interests in said liquors
and beverages and vessels and receptacles, then the cost of the proceeding and trial may be
equitably apportioned among the defendants for the amount of cost to be adjudged against them
according to the discretion of the judge or court. In the event no one appears to contest
the complaint or if the complaint is not sustained and no judgment of forfeiture is obtained,
the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein
the state fails, and this rule shall apply as to any separate...
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13A-12-200.8
Section 13A-12-200.8 Property subject to forfeiture for violation of this division; procedures;
hearing; forfeiture action; action for money judgment. (a) The following property is subject
to forfeiture: (1) All obscene material and material which is harmful to minors used, intended
to be used or obtained in violation of the provisions of this division; (2) All moneys, negotiable
instruments, and funds used, intended to be used, or obtained in any violation of the provisions
of this division; (3) All proceeds or receipts derived from property which is subject to forfeiture
pursuant to subdivisions (a)(1) and (a)(2) of this section. (b) Property taken or detained
under this section shall not be subject to replevin but is deemed to be in the custody of
the state, county or municipal law enforcement agency subject only to the orders and judgment
of the court having jurisdiction over the forfeiture proceedings. When property is seized
under this division, the state, county or municipal law...
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28-4-272
Section 28-4-272 Forfeiture and condemnation proceedings generally - Persons not to be excused
from attending and testifying or producing books, papers, etc., at hearing or trial; immunity
from prosecution as to transactions, etc., as to which testimony or documents produced. No
person, except one who answers claiming some right, title or interest in the liquors so seized,
shall be excused from attending and testifying or producing any books, papers or other documents
before any court or judge upon any such hearing or trial upon the ground or for the reason
that the testimony or evidence, documentary or otherwise, required of him may tend to convict
him of a crime or to subject him to a penalty or forfeiture, but no person shall be prosecuted
or subjected to any penalty or forfeiture for or on account of any transaction, matter or
thing concerning which he may so testify or produce evidence, documentary or otherwise, and
no testimony so given or produced shall be received against him...
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6-6-316
Section 6-6-316 Action of trespass, etc., not precluded. No proceedings had under this article
or judgment entered bars or prevents the party injured from prosecuting an action of trespass
or other action against the aggressor or party offending. (Code 1852, §2863; Code 1867, §3311;
Code 1876, §3708; Code 1886, §3392; Code 1896, §2138; Code 1907, §4274; Code 1923, §8015;
Code 1940, T. 7, §978.)...
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28-4-133
Section 28-4-133 Duty of common carriers, etc., to permit examination of books, records, papers,
etc., in connection with prosecutions under article, etc. In the prosecutions of violations
of this article or any law for the suppression of the evils of intemperance or the promotion
of temperance, any common carrier doing business in the State of Alabama or any person engaged
in the transportation in the state or making deliveries in this state of the liquors mentioned
in Section 28-4-120 or of other prohibited liquors and beverages is required to permit an
examination of all his books, records, papers, bills of lading and accounts pertaining to
the shipment of such liquors by any officer in this state whose duty it is to prosecute crime
or ferret out criminals, when such information is sought for the prosecution of persons charged
with or suspected of crime. (Acts 1915, No. 10, p. 39; Code 1923, §4701; Code 1940, T. 29,
§170.)...
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