Code of Alabama

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45-37-243.03
Section 45-37-243.03 Rulemaking authority; powers. The board of revenue, county commission,
or like governing body of such counties shall have power to adopt reasonable rules and regulations
not inconsistent with this subpart to provide for the enforcement, collection, and distribution
of the tax, and to provide for the possession and sale, from bottles with broken seals, of
cordials, liquers, vermouth, wines, rum, and brandy that are not available for purchase in
miniature through state Alcoholic Beverage Control Stores. The judge of probate, license commissioner,
director of county department of revenue, or other public officer performing like duties in
such counties shall have the following powers: (1) The power to administer this subpart including
the collection of the taxes herein levied, the payment of the expenses incurred in the administration
of this subpart, and the collection of the taxes, the distribution of the proceeds remaining
after payment of such expenses in...
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9-17-22
Section 9-17-22 Illegal oil, gas or product - Seizure, condemnation and sale. Apart from and
in addition to any other remedy or procedure which may be available to the board or any penalty
which may be sought against or imposed upon any person with respect to violations relating
to illegal oil, illegal gas or illegal product, all illegal oil, illegal gas and illegal products
shall, except under such circumstances as are stated in this section, be contraband, forfeited
to the State of Alabama and shall be seized and sold and the proceeds applied as provided
in this section. When any such seizure shall have been made, it shall be the duty of the Attorney
General of the state to institute at once condemnation proceedings in the circuit court of
the county in which such property is seized by filing a complaint in the name of the state
against the property seized, describing the same, or against the person or persons in possession
of such illegal property, if known, to obtain a judgment...
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12-21-283
Section 12-21-283 Procedure for securing attendance of witness in another state at criminal
proceedings, etc., within state; fees and allowances; effect of failure of summoned witness
to attend and testify. (a) If a person in any state which, by its laws, has made provision
for commanding persons within its borders to attend and testify in criminal proceedings or
grand jury investigations commenced or about to be commenced in this state is a material witness
in a criminal proceeding pending in a court of record in this state or in a grand jury investigation
which has commenced or is about to commence, a judge of such court may issue a certificate
under the seal of the court stating these facts and specifying the number of days the witness
will be required. Said certificate may include a recommendation that the witness be taken
into immediate custody and delivered to an officer of this state to assure his attendance
in this state. This certificate shall be presented to a judge of a...
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12-22-8
Section 12-22-8 Applications to Supreme Court or Court of Civil Appeals for temporary restraining
orders or other equitable process. No application shall be made to a justice of the Supreme
Court or a judge of the Court of Civil Appeals for a temporary restraining order or other
equitable process which may be granted by any other judge or officer unless the same has been
made to such other judge or officer and refused by him. (Code 1852, §2977; Code 1867, §3432;
Code 1876, §3873; Code 1886, §3526; Code 1896, §791; Code 1907, §4520; Code 1923, §8296;
Code 1940, T. 7, §1046.)...
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17-16-44
Section 17-16-44 Jurisdiction in election contests; appeal. No jurisdiction exists in or shall
be exercised by any judge or court to entertain any proceeding for ascertaining the legality,
conduct, or results of any election, except so far as authority to do so shall be specially
and specifically enumerated and set down by statute; and any injunction, process, or order
from any judge or court, whereby the results of any election are sought to be inquired into,
questioned, or affected, or whereby any certificate of election is sought to be inquired into
or questioned, save as may be specially and specifically enumerated and set down by statute,
shall be null and void and shall not be enforced by any officer or obeyed by any person. If
any judge or other officer hereafter undertakes to fine or in any wise deal with any person
for disobeying any such prohibited injunction, process, or order, such attempt shall be null
and void, and an appeal shall lie forthwith therefrom to the Supreme...
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28-4-232
Section 28-4-232 Entry of judgment for abatement of nuisance and destruction of all prohibited
liquors and beverages, movable property, etc., used in connection with nuisance. Upon the
final hearing of the action instituted to abate a liquor nuisance, if it shall appear that
the petition has been sustained by the evidence or has been admitted, the court shall enter
a judgment ordering abatement of the nuisance, which judgment shall order the destruction
of all such prohibited liquors and beverages as are found upon the premises, together with
all signs, screens, bars, bottles, glasses and other movable property used in keeping and
maintaining said nuisance, and the destruction of all such liquors and beverages and such
movable property as may have been seized under authority of the court pending the hearing
of the action. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4677; Code
1940, T. 29, §147.)...
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28-4-27
Section 28-4-27 Enforcement of Section 28-4-26. If any person violates a provision of Section
28-4-26, upon complaint being made on oath before a judge of any court having jurisdiction
of misdemeanors that spirituous, vinous or malt liquors, or other beverages or liquors, prohibited
by law to be sold, given away or otherwise disposed of have been sold, given away or otherwise
disposed of in violation of law and that the person committing such offense comes within the
terms of Section 28-4-26 and that such person is known or unknown to the person making the
complaint and that other parties present and participating in the tippling or drinking of
liquors at such place are unknown to the person making the complaint, it shall be the duty
of such judge to issue forthwith a warrant of arrest for such party for the offense charged
in the complaint and immediately to place such warrant in the hands of the sheriff or other
lawful officer. (Acts 1909, No. 191, p. 63; Code 1923, §4630; Code...
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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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3-5-13
Section 3-5-13 Procedure for sale of livestock or animal when not reclaimed by owner,
etc.; disposition of proceeds of sale. If the owner or his agent shall not, when he has made
no bond, reclaim his livestock or animal within 24 hours after the judge of the district
court shall have ascertained such damages, then the judge of the district court shall order
the same sold by a constable of the precinct or by someone appointed to act as such or by
the sheriff or his deputy or by the law enforcement officer of a municipality. Such officer,
upon the making of such order, shall sell the same upon giving five days' notice of such sale
by publication one time in a newspaper published in the county, said notice to contain a brief
description of the livestock or animal to be sold and the time and place of sale. But
out of the proceeds such officer shall pay the costs and expenses and damages due the plaintiff
and the expenses of taking up, keeping and caring for such livestock or animal, and...

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45-45-81.32
Section 45-45-81.32 Seized currency. (a) Any law enforcement agency of Madison County that
is in possession of seized currency which it intends to make part of a forfeiture proceeding
in the circuit court, at the election of the law enforcement agency, may deliver the currency
to the circuit clerk for deposit with a federally insured financial institution ordinarily
and customarily used by the clerk for the holding of funds in the custody of the clerk. (b)
Absent an order of the circuit court, no law enforcement agency may be required to deposit
seized currency pursuant to the procedure contained in this section. The law enforcement agency
may elect to deposit only a portion of currency seized in the manner provided in this section
while maintaining the remaining portion of the seized currency in its original form. In determining
whether to maintain currency in its original form, the law enforcement agency may consider
whether the currency has significant, independent, tangible...
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