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28-4-281
Section 28-4-281 Correction of defects or irregularities in notice, etc., in forfeiture and
condemnation proceedings. Whenever in any proceedings for forfeiture and condemnation of liquors
and beverages and vessels and receptacles it shall appear to the judge or court that there
has been any irregularity in the service of any process or notice or any omission to post
or serve notices required or any defect in the affidavit or notice or in the service or return
of either, the judge or court may permit the same to be amended and may direct such further
service of process or of notice as will, in the judgment of the judge or court, be most effectual
in securing notice of the proceeding to those who may be entitled thereto and so that the
proceeding may not fail for any irregularity or technicality. (Acts 1909, No. 191, p. 63;
Acts 1915, No. 2; p. 8; Code 1923, §4769; Code 1940, T. 29, §238.)...
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28-4-292
Section 28-4-292 Advertisement and sale of receptacles, etc., of prohibited liquors and beverages.
All vessels and receptacles of prohibited liquors and beverages such as handbags, suitcases
or trunks, which have been seized in law enforcement and which are in the custody of any person
or officer, after conviction of the parties from whom seized of the violation of the law in
respect thereto, shall be sold after notice of sale by advertisement in a newspaper published
in the county for 10 days in a daily paper or for two issues in a weekly paper. The proceeds
of the sale shall be paid into the municipal treasury, if sale is made by a municipal officer
or custodian of such contraband seized by municipal officers, or to the law-enforcement fund
in the State Treasury if made by any other officer or custodian. (Acts 1919, No. 7, p. 6;
Code 1923, §4783; Code 1940, T. 29, §252.)...
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45-8-22
Section 45-8-22 Special licenses; additional taxes; maintenance of records. (a) It shall be
unlawful for any person, firm, or corporation, other than the state Alcoholic Beverage Control
Board, to sell at retail in Calhoun County any spirituous or vinous liquors without first
obtaining a special license from the judge of probate that shall be in addition to all other
licenses required by law. The amount of the special license shall be determined by the county
commission and shall be levied in the same manner as other county licenses are levied. Licenses
required by this subsection shall expire on September 30th following the date of purchase.
All proceeds from sales of the special licenses shall be placed in the general fund of the
county. (b) In addition to all other taxes levied on the possession for sale, or the sale,
of alcoholic beverages in Alabama, a tax is levied on the possession for sale, or the sale
of, spirituous or vinous beverages in Calhoun County in an amount set by the...
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28-4-256
Section 28-4-256 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Issuance by judge. If the judge of the district court is satisfied of the existence
of ground or grounds for the application, or one of them, or that there is probable cause
to believe the existence of them, or one of them, he must issue a search warrant, signed by
him, directed to the sheriff or to any lawful officer, commanding him to forthwith search
the place named for the prohibited liquors and beverages and to bring them before the judge.
If the warrant is sought to search a place whose keeper or owner is unknown, the affidavit
may so state and the warrant may issue accordingly. The judge of the district court may direct
the warrant to the chief of police or any police officer of a municipality when the place
to be searched is within a municipality or within the police jurisdiction thereof. (Acts 1909,
No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4746; Code 1940,...
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28-4-262
Section 28-4-262 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Return of warrant; furnishing of copies thereof to applicant for warrant, etc. The officer
in his return of the warrant to the judge of the district court must specify with particularity
the liquors and beverages and other articles taken, and the applicant for the warrant and
the person from whose possession the liquors and articles were taken are entitled to a copy
of the return, signed by the judge, which he must furnish them on their application therefor.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4750; Code 1940, T. 29, §219.)...
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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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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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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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12-22-7
Section 12-22-7 Applications for temporary restraining orders generally; renewal of applications.
If any application is made to a circuit court judge for a temporary restraining order and
refused, no other circuit court judge can act on the application. The application may be made
to a judge of the Court of Civil Appeals or Supreme Court; if refused by a judge of the Court
of Civil Appeals, it may be renewed to a judge of the Supreme Court, but no other officer,
and, if refused by a judge of the Supreme Court, it cannot be renewed. Application to an appellate
judge shall be made and acted upon in accordance with the Alabama Rules of Civil Procedure.
(Code 1852, §2976; Code 1867, §3431; Code 1876, §3872; Code 1886, §3525; Code 1896, §790;
Code 1907, §4519; Code 1923, §8295; Code 1940, T. 7, §1045.)...
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15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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