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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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28-4-269
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.)...
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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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28-4-275
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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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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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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36-26-27
Section 36-26-27 Dismissals and disciplining of employees generally. (a) An appointing authority
may dismiss a classified employee whenever he considers the good of the service will be served
thereby, for reasons which shall be stated in writing, served on the affected employee and
a copy furnished to the director, which action shall become a public record. The dismissed
employee may, within 10 days after notice, appeal from the action of the appointing authority
by filing with the board and the appointing authority a written answer to the charges. The
board shall, if demand is made in writing by the dismissed employee within 10 days after notice
of discharge, order a public hearing and, if the charges are proved unwarranted, order the
reinstatement of the employee under such conditions as the board may determine. Upon a majority
vote of the board, the board may impose a punishment other than termination including but
not limited to a reinstatement with forfeiture of back wages and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-26-27.htm - 3K - Match Info - Similar pages
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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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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28-4-272
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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