28-4-265
Section 28-4-265 Liquors and beverages, etc., seized not to be recovered by writ of replevin
or detinue during pendency of proceedings under article; final judgment of condemnation to
bar actions to recover liquors and beverages, etc., seized, etc. Liquors and beverages seized
and vessels and receptacles containing them shall not be taken from the custody of the officer
by writ of replevin or detinue or other process while the proceedings under this article are
pending. A final judgment of condemnation in all proceedings under this article shall be a
bar to all actions for the recovery of any liquors and beverages or vessels and receptacles
seized or for the value of the same and for damages alleged to arise by reason of the seizure
and detention thereof. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4753;
Code 1940, T. 29, §222.)...
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28-4-278
Section 28-4-278 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Issuance of order for delivery of liquors and beverages, etc., to Alcoholic
Beverage Control Board or for restoration of same to place or person from which or from whom
seized upon entry of final judgment in proceedings under article. Whenever it shall be finally
decided that the liquors and vessels seized as provided in this article are forfeited and
ordered condemned, the judge or court entering final judgment of forfeiture shall issue to
the officer having said liquors and beverages and vessels and receptacles in custody a written
order directing him forthwith to deliver said liquors and beverages and vessels and receptacles
to the Alcoholic Beverage Control Board as provided in Section 28-4-273, except in the case
of nonfederal tax-paid liquors or beverages, which shall be publicly destroyed, and the officer
shall immediately thereafter make return of said order to the...
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28-4-289
Section 28-4-289 Payment of costs in actions for condemnation of vehicles, etc., used in transportation
of prohibited liquors or beverages where judgment entered against state. In all actions filed
under this article for the purpose of condemning and selling conveyances and vehicles of transportation
of any kind on account of their use in the transportation of prohibited liquors or beverages,
if a judgment shall be entered against the state, the court costs shall be paid out of the
law-enforcement fund provided for in this article, said payment to be made on warrant of the
Comptroller upon receipt by him of the bill of costs certified as being correct by the register
or clerk of the circuit court in which such action shall have been tried, which cost bill
should also bear the approval of the Attorney General and the Governor before a warrant shall
be drawn. (Acts 1923, No. 567, p. 736; Code 1923, §4785; Code 1940, T. 29, §254.)...
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28-4-264
Section 28-4-264 Disposition of property seized by officer under warrant generally. When liquors
and beverages and vessels and receptacles are seized by the officer, they shall be held by
him subject to the order of the judge of the district court or the court to which the proceedings
may be carried by appeal, and, upon final judgment in accordance with the procedure prescribed
in this article, must be returned to the lawful owner or owners or be otherwise disposed of
according to law. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4752; Code
1940, T. 29, §221.)...
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9-13-224
Section 9-13-224 Notice to creditors; institution of condemnation proceedings; legal title
to equipment. At least 60 days prior to the institution of condemnation proceedings as herein
provided, notice shall be given by the court to any creditor who is known to have a secured
interest, a judgment, lien or other interest in any vehicle or equipment seized pursuant to
this article. Such creditors may claim their property during said 60-day period. Thereafter,
the district attorney or other prosecuting officer of the judicial circuit upon receiving
such report shall at once institute, or cause to be instituted, condemnation proceedings in
the circuit court, in the same manner that he is directed by law to institute proceedings
for the condemnation and forfeiture of automobiles and other vehicles used in the illegal
transportation of alcoholic beverages. The legal title to any vehicle and other equipment
seized under this article shall be presumed to be vested with the person, firm, or...
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2-17-19
Section 2-17-19 Condemnation proceedings generally; disposition of condemned animals or articles;
payment of costs, fees and expenses, etc. (a) Any carcass, part of a carcass, meat or meat
food product or poultry food product of any of the animals or birds subject to inspection
under this chapter or any such animal or bird that is dead, dying, disabled or diseased that
is being transported in intrastate commerce or is held for sale in this state after such transportation
and that is or has been prepared, sold, transported or otherwise distributed or offered or
received for distribution in violation of this chapter or is capable of use as human food
and is adulterated or misbranded or in any other way is in violation of this chapter shall
be liable to be proceeded against and seized and condemned at any time by writ of attachment
for condemnation in any proper court as provided in Section 2-17-30 within the jurisdiction
of which the article or animal is found. Such writ of attachment...
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28-3-242
Section 28-3-242 Procedure for confiscation and sale of goods, etc.; nature of proceedings
against goods, etc.; court proceedings for collection of tax due and assessed. (a) In all
cases of seizure of any goods, wares, merchandise or other property made as being subject
to forfeiture under provisions of this chapter which, in the opinion of the officer or person
making the seizure, are of the appraised value of $50.00 or more, the said officer or person
shall proceed as follows. He shall cause a list containing a particular description of the
goods, wares, merchandise or other property seized to be prepared in duplicate and appraisement
thereof, to be made by three sworn appraisers to be selected by him, who shall be respectable
and disinterested citizens of the State of Alabama, residing within the county wherein the
seizure was made. Said list and appraisement shall be properly attested by said officer or
persons, and said appraisers, for which service each of said appraisers shall...
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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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28-4-270
Section 28-4-270 Forfeiture and condemnation proceedings generally - Issues, etc., where more
than one claimant to liquors and beverages seized. If different parties appear and claim separate
portions of the liquor and beverages and vessels and receptacles seized, separate answers
may be filed and separate issues may be framed and the trial had accordingly before the district
court. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4760; Code 1940, T.
29, §229.)...
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28-4-274
Section 28-4-274 Forfeiture and condemnation proceedings generally - Entry of judgment of dismissal
and return of liquors and beverages, etc., to place or person from which or from whom taken
generally. If the testimony produced on the hearing before the judge or upon such trial before
the judge or court shall fail to establish the complaint or that a ground existed for the
issuance of the warrant or that the liquors and beverages and vessels and receptacles were
kept, stored or deposited for the purpose of unlawful sale, distribution or delivery within
this state, judgment shall be entered dismissing such complaint and providing that such liquors
and beverages and the vessels and receptacles containing the same be returned to the place
from which or to the person from whom they were taken. (Acts 1909, No. 191, p. 63; Acts 1915,
No. 2, p. 8; Code 1923, §4759; Code 1940, T. 29, §228.)...
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