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9-13-224
Section 9-13-224 Notice to creditors; institution of condemnation proceedings; legal title
to equipment. At least 60 days prior to the institution of condemnation proceedings as herein
provided, notice shall be given by the court to any creditor who is known to have a secured
interest, a judgment, lien or other interest in any vehicle or equipment seized pursuant to
this article. Such creditors may claim their property during said 60-day period. Thereafter,
the district attorney or other prosecuting officer of the judicial circuit upon receiving
such report shall at once institute, or cause to be instituted, condemnation proceedings in
the circuit court, in the same manner that he is directed by law to institute proceedings
for the condemnation and forfeiture of automobiles and other vehicles used in the illegal
transportation of alcoholic beverages. The legal title to any vehicle and other equipment
seized under this article shall be presumed to be vested with the person, firm, or...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.6.htm - 4K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-269.htm - 1K - Match Info - Similar pages
12-2-37
Section 12-2-37 Forfeiture by judge failing to order or attend special session of court, etc.
For any failure of a judge to order such special session of court or to attend any such court
after having called the same or, having been notified by the Chief Justice, to attend and
to perform any of the duties required of him by Sections 12-2-33, 12-2-35 and 12-2-36 without
a lawful excuse, either being sick himself or having sickness in his family or being engaged
in holding court elsewhere or being lawfully absent from the state, he shall forfeit $100.00
to the state, to be recovered in the circuit court of Montgomery County, on motion of the
Attorney General, in the name of the state on 10 days' notice. (Acts 1915, No. 521, p. 592;
Code 1923, §10302; Code 1940, T. 13, §44.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-2-37.htm - 1K - Match Info - Similar pages
15-13-131
Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures order.
(a) When a defendant fails to appear in court as required by the undertaking of bail and no
sufficient excuse has been provided to the court prior to the hearing, the court shall order
a conditional forfeiture and show cause order against the defendant and the sureties of the
bail. The court shall notify defendant and sureties of the order as set out in this article.
The defendant or sureties, or both, shall file a written response with the clerk of the court
within 28 days of the date of service of the notice why the bond should not be forfeited.
If a written response is filed within the time allowed and the court is of the opinion the
written response is sufficient, the court shall set aside the conditional forfeiture. If the
court is of the opinion the written response is not sufficient, the court shall set a hearing
to determine whether the bond should be forfeited. The hearing shall not...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-131.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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-274.htm - 1K - Match Info - Similar pages
9-13-225
Section 9-13-225 Forfeiture of equipment upon judgment; costs of proceedings; State Forester
to keep records. When any judgment of condemnation or forfeiture is made in any case filed
under the provisions of this section, the judge making such judgment shall order and direct
that said vehicle and equipment be forfeited or awarded to the State Forester to be sold or
used by him in the enforcement of the law. And said order, in the event that no appeal is
taken within 15 days from the rendition thereof, shall be carried out and executed. The court,
at its discretion, shall direct in said judgment that the cost of the proceedings be paid
by the person(s) in whose possession said vehicle and equipment were found when seized, or
by any party or parties that claim to own said vehicle and equipment, or any interest therein,
and who contested the condemnation and forfeiture thereof. The State Forester shall keep a
permanent record of all such vehicles and equipment awarded to him as provided...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-13-225.htm - 1K - Match Info - Similar pages
12-16-37
Section 12-16-37 Clerks of commissions - Authority for employment; compensation; clerical assistance.
(a) The clerk of the circuit court in counties having a population of 60,000 or less according
to the last federal census preceding his election or appointment, may elect to serve as clerk
of the jury commission; provided that notice of his intent to serve as clerk for the commission
shall be filed in writing with the presiding circuit judge and the Administrative Director
of Courts within 30 days after assuming the duties of clerk of the circuit court. Provided
that the provisions of this section shall not prohibit any clerk of the circuit court who
is on August 17, 1983, serving as clerk of the jury commission or clerk of any similar body
established by local law to act in lieu of the jury commission, from serving as clerk of the
jury commission as provided in this article, regardless of the population of their respective
counties; all provisions to the contrary in subsection (b) of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-16-37.htm - 2K - Match Info - Similar pages
15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-15-20.1.htm - 3K - Match Info - Similar pages
15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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