12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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12-22-246
Section 12-22-246 Proceedings when undertaking forfeited. When any undertaking of bail under
the provisions of Sections 12-22-244 or 12-22-245 is forfeited by the failure of the defendant
to surrender himself to the sheriff or to appear and answer the charge, according to the terms
and effect of such undertaking, the same proceeding must be had thereon as on the forfeiture
of other undertakings of bail in the circuit court. (Code 1852, §756; Code 1867, §4307;
Code 1876, §4983; Code 1886, §4514; Code 1896, §4323; Code 1906, §6254; Code 1923, §3247;
Code 1940, T. 15, §378.)...
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13A-12-198
Section 13A-12-198 Forfeiture of equipment, materials, vehicles, etc., used in production,
transportation, dissemination, etc., of obscene matter. Any article, equipment, machine, materials,
matter, vehicle or other thing whatsoever used in the commercial production, transportation,
dissemination, display or storage of any obscene matter displaying or depicting a person under
the age of 17 years engaged in any of the obscene acts described in Sections 13A-12-191, 13A-12-192,
13A-12-196 and 13A-12-197 shall be contraband and shall be forfeited to the State of Alabama.
The manner, method and procedure for the forfeiture and condemnation of such thing shall be
the same as that provided by law for the confiscation or condemnation or forfeiture of automobiles,
conveyances or vehicles in which alcoholic beverages are illegally transported. (Acts 1978,
No. 592, p. 705, §9; Code 1975, §13-7-238.)...
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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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13A-12-75
Section 13A-12-75 Transportation of articles not commonly used in numbers or policy game not
unlawful. The provisions of this division shall not be construed to make unlawful the transportation
of articles or paraphernalia not commonly used in the conduct of any form or type of lottery
commonly known as a numbers (or number) game or policy game, and no vehicle used in transporting
such articles or paraphernalia not commonly used in the conduct of such game shall be subject
to condemnation or forfeiture by reason of such use or transportation. (Acts 1951, No. 798,
p. 1395, §7; Code 1975, §13-7-116.)...
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4-4-6
Section 4-4-6 Acquisition of lands by condemnation. In the event any municipality shall resort
to condemnation proceedings for the acquisition of lands for airport uses, such proceedings
shall be governed in all respects by the laws of this state applicable to the condemnation
by such municipality of lands for other public purposes. (Acts 1931, No. 136, p. 197; Code
1940, T. 4, §26.)...
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45-36-232.29
Section 45-36-232.29 Failure to appear. (a) Whoever, having been released pursuant to this
subpart, willfully fails to appear before any court or judicial officer as required, shall
incur a forfeiture of any security which was given or was pledged for his or her release,
and, in addition shall be guilty of a Class B misdemeanor. Such a person convicted of such
misdemeanor shall be punished as provided for in the Alabama Criminal Code, or other applicable
law. (b) Failure to appear after notice of the appearance date shall be prima facie evidence
that the failure to appear was willful. Whether the person was warned when released of the
penalties for failure to appear, shall be a factor in determining whether the failure to appear
was willful. The district attorney or any assistant district attorney, or any other person
responsible for administering this subpart, shall initiate prosecution for violation of this
provision by making affidavit for a warrant to be issued by any officer...
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18-1A-256
Section 18-1A-256 Abandonment of acquisition. (a) Subject to the requirements of subsection
(b), an arbitration under this article may specify the terms and conditions, if any, under
which the condemnor may abandon acquisition of the property. (b) Unless the arbitration agreement
expressly waives the property owner's right to reimbursement, in the event of abandonment
of acquisition after an arbitration agreement has been entered into, he is entitled to recover
from the condemnor: (1) The same litigation expenses that would be recoverable upon dismissal
of an action for the acquisition of the property; and (2) All other expenses, not included
in recoverable litigation expenses, reasonably and necessarily incurred by him in preparation
for and in participating in the arbitration and in judicial proceedings in connection with
the arbitration, including reasonable attorney, appraisal, and engineering fees. (c) If abandonment
of acquisition occurs after the rendition of an award in the...
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6-6-255
Section 6-6-255 Proceedings when officer fails to find and take property. If the officer fails
to find and take the goods and chattels, he may summon the defendant to appear as in other
cases, and the plaintiff may then declare and prosecute the action alone for the recovery
of the value of the property and damages for the taking and detention of the property as if
he had thus commenced his action by a complaint. (Code 1907, §3779; Code 1923, §7390; Code
1940, T. 7, §919.)...
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6-6-456
Section 6-6-456 Judgment and proceedings if possession of effects subject to levy and sale
admitted. If the garnishee admits the possession of effects of the defendant, the subject
of levy and sale under legal process, judgment of condemnation must be entered that such effects
be delivered upon demand after the entry of judgment in favor of the plaintiff in the original
action, or so much thereof as may be necessary to satisfy the judgment, and the sheriff must
make sale thereof. If the garnishee fails to deliver such effects to the sheriff on demand,
he must make return thereof to the clerk, who must thereupon issue an execution against the
garnishee in favor of the plaintiff for the amount of the judgment and costs. If, however,
such failure is without fault or negligence on the part of the garnishee, he may tender to
the plaintiff, his agent, or attorney the value of such effects; and, if such tender is refused,
he may obtain relief by supersedeas. (Code 1852, §§2542-2544; Code...
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