Code of Alabama

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36-12-21
Section 36-12-21 Proceedings for recovery of papers, property, etc., by successor to
office generally - Filing of complaint; issuance of order to person refusing, etc., to deliver
papers, etc., to show cause why delivery of same should not be compelled. If any person refuses
or neglects, after demand made, to deliver over any books, papers or property as required
in Section 36-12-20, his successor may make complaint thereof to the judge of the circuit
court or judge of the probate court of the county in which the person refusing resides; and,
if such officer is satisfied by the oath of the plaintiff and such other evidence as may be
offered that any such books, papers or property are withheld, he shall grant an order requiring
the person so refusing to show cause before him, on a day and at a place named in such order,
why he should not be compelled to deliver the same. (Code 1852, §155; Code 1867, §194; Code
1876, §207; Code 1886, §302; Code 1896, §3134; Code 1907, §1550; Code...
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28-2-1
Section 28-2-1 Procedure for elections to determine classification of counties as wet
or dry counties; laws applicable in dry counties. (a) In every county where a majority of
the electors voting in an election, called by the Governor to determine whether Chapter 3
of this title shall be adopted in the county, vote "Yes," Chapter 3 and all of its
provisions shall be immediately put into operation in such county, but in every county where
a majority of the electors voting in the election vote "No," Chapter 3 shall not
go into effect in such county and all laws prohibiting the manufacture and sale of alcoholic
liquors or beverages now in force and effect in Alabama shall remain in full force and effect
in every such county. For the purpose of this chapter the term "wet county" shall
mean any county which by a majority of those voting voted in the affirmative in the election
provided for in this section, and "dry counties" shall be construed to mean
all counties which by a majority of...
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28-4-55
Section 28-4-55 Allowance, etc., of operation, etc., of still, etc., upon premises by
another. It shall be unlawful for any person, firm or corporation to permit or allow anyone
to have, possess, operate or locate on his premises any apparatus, plant or structure for
the distilling or manufacturing of prohibited liquors or beverages or any of them. When such
apparatus, plant or structure is found upon said premises, the fact shall be prima facie evidence
that the tenant or owner in actual possession of the premises has knowledge of the existence
of the same and of the purpose for which the same were to be used. Upon conviction of permitting
or allowing the same to be upon his premises, such tenant or owner shall be punished by a
fine of not less than $50.00 nor more than $500.00 and may also be imprisoned in the county
jail or sentenced to hard labor for the county for not more than six months for the first
conviction, at the discretion of the court. On the second and every subsequent...
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45-37-243.05
Section 45-37-243.05 Permit required. It shall be unlawful for any person having no
place of business within any county subject to this subpart to make any sale, distribution,
or delivery of any alcoholic, spirituous, vinous, or fermented liquors within such county
without first having obtained a permit to do so from the judge of probate, license commissioner,
director of county department of revenue, or other public officer performing like duties in
such counties; and such person shall be liable for and subject to the license tax fixed and
specified in this subpart; and it shall be unlawful for any person to purchase or bring into
the county any covered beverages from outside any county subject to this subpart for resale
in any county subject to this subpart without having first obtained a permit to do so from
the judge of probate, license commissioner, director of county department of revenue, or other
public officer performing like duties in such counties, provided that any person...
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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...

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12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines;
conditions. Any person arrested or charged with the violation of a controlled substance offense
as set forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the
district attorney having jurisdiction over the offense to enroll in a drug abuse treatment
program in lieu of undergoing prosecution. Admission to such treatment program and deferral
of prosecution may be granted at the discretion of the district attorney. The Office of Prosecution
Services shall establish guidelines, which shall be used by the prosecutor in evaluating the
request for diversion from the criminal justice system into rehabilitation. If prosecution
has been initiated by the filing of a complaint, information or indictment, prior approval
and dismissal of the case must be obtained from the judge presiding over the case. Admission
to such treatment or rehabilitation program and deferral of prosecution is...
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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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28-4-323
Section 28-4-323 Admissibility and effect of evidence showing similarity in color, odor
and general appearance between prohibited liquor or beverage and beverage shown to be manufactured,
sold, kept, etc., by defendant; applicability of rule as to admissibility, etc., of said evidence
in proceedings for abatement of liquor nuisances, etc. (a) In all prosecutions against any
person for manufacturing, selling, offering for sale, keeping or having in possession for
sale, bartering, exchanging, furnishing, giving away or otherwise disposing of prohibited
liquors and beverages or for any one of the said acts, it shall be competent for the state
to give in evidence the fact that the beverage which the evidence may tend to show the defendant
had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of,
possesses the same color, odor and general appearance or the same taste, color and general
appearance of a prohibited liquor or beverage such as whiskey, rum,...
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6-5-149
Section 6-5-149 Precedence of action over other cases; evidence; dismissal of action;
continuance; costs; judgment. (a) The action, when commenced, shall have precedence over all
other cases except injunctions. (b) In such action, evidence of the general reputation of
the place or any admission or finding of guilt of any person under the original laws against
prostitution, lewdness, or assignation at any such place shall be admissible for the purpose
of proving the existence of said nuisance and shall be prima facie evidence of such nuisance,
of knowledge of and acquiescence and participation therein on the part of the person, or persons,
charged with maintaining such nuisance. (c) If the complaint is filed for the state by a citizen
of the county, it shall not be dismissed except upon a sworn statement of the plaintiff or
his personal representative or agent, and his attorney or of the officer filing the complaint,
setting forth the reasons why the action should be dismissed and the...
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30-2-8
Section 30-2-8 Proceedings generally; right of remarriage. The proceeding must, in all
respects, be conducted as other civil actions, except as herein otherwise directed. The cause
for which the divorce is sought must be alleged in the complaint, to which the other party
must be made a defendant. If service by publication shall be made, when necessary, in the
manner provided in the Alabama Rules of Civil Procedure. In making his judgment, the judge
shall, as the evidence and the nature of the case may warrant, direct whether the party against
whom the judgment of divorce is made be permitted to marry again, and where in judgments no
order is made disallowing the party the right to marry again, the party shall be deemed to
have the right to remarry, subject to the restrictions set out in Section 30-2-10.
In cases where the right is affirmatively disallowed to the divorced party to remarry, it
shall be competent for the judge, upon motion and proper proof, to allow the moving party
to...
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