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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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-270.htm - 792 bytes - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-269.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-275.htm - 1K - Match Info - Similar pages
9-11-91.1
Section 9-11-91.1 Unauthorized fishing from or near fish farm. (a) It shall be unlawful for
any person to fish or take fish from any fish farm except with the consent of the owner thereof.
Any person possessing fishing tackle on the premises of a fish farm shall be rebuttably presumed
to be fishing. (b) Any motor vehicle, or fishing tackle, or other fishing equipment which
has been or is used for illegal fishing shall be contraband, and, in the discretion of the
circuit court may be forfeited to the county wherein the violation occurred, as provided by
law. A commercial fish pond shall be posted with signs which are readable from the public
right-of-way. (c) The sheriff or any other person authorized to enforce the game and fish
laws of this state who apprehends any person violating the provisions of this section, or
who finds any vehicle which is being or has been used in illegal fishing shall seize the vehicle
and any fishing tackle and other fishing equipment found in the possession...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-11-91.1.htm - 5K - Match Info - Similar pages
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
28-4-273
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-273.htm - 2K - Match Info - Similar pages
45-37-243.07
Section 45-37-243.07 Violations; contraband beverages. Among others the following acts and
omissions shall be unlawful: (1) It shall be unlawful for any person to sell, offer for sale,
or deliver within any county subject to this subpart any alcoholic, spirituous, vinous, or
fermented liquor on which the license tax herein levied has not been paid. (2) The judge of
probate, license commissioner, director of county department of revenue, or other public officer
performing like duties in such counties, his or her agent, or any peace officer of the county
shall have authority to seize without warrant any and all alcoholic, spirituous, vinous, or
fermented liquors which are on hand for or are being sold in any place operating without a
license from the Alabama Alcoholic Beverage Control Board or any such beverages on which the
license tax levied by this subpart has not been paid including the containers or packages
in which such alcoholic, spirituous, vinous, or fermented liquors are found...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-243.07.htm - 6K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-242.htm - 4K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-265.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-13-224.htm - 1K - Match Info - Similar pages
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