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28-4-287
Section 28-4-287 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending condemnation action; proceedings upon failure of defendant or claimant to deliver
said vehicle, etc., upon entry of judgment of condemnation. Whenever a conveyance, vehicle
of any kind or animal used in drawing the same is seized by an officer of the state
under the prohibition laws of this state, the defendant in the proceedings or the claimant
of the property shall have the right to execute a bond in double the value of such property
or of any item thereof, with good and sufficient surety, to be approved by the sheriff or
the register or clerk of the circuit court and conditioned, in the event the said property
is condemned, to deliver the same to the sheriff within 15 days from the date of such judgment
of condemnation and to pay any difference between the value of said property at the time of
the seizure and the time of the delivery to the sheriff after condemnation, such...
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28-4-288
Section 28-4-288 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc.,
upon affirmance of judgment upon appeal, etc. Whenever a conveyance, vehicle of any kind or
animal used in drawing the same is seized by an officer of the state under the prohibition
laws of this state and has been condemned by the circuit court that tried the action, the
defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme
Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the
value of said property and of the several items separately and shall have the right to execute
a bond with two good sureties in double the appraised value of such property or of any item
or items thereof, to be approved by the clerk or register of the circuit court, conditioned,
in the event the appeal is affirmed or reversed and the conveyance, vehicle,...
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6-6-163
Section 6-6-163 Forfeiture of claimant's bond; execution for amount of judgment, damages, and
costs. If judgment is entered against the claimant and he fails to deliver the property to
the officer making the levy and pay the costs of the trial of the right of property within
30 days, such officer must endorse the bond forfeited; and thereupon, if the property was
levied on under execution or, if levied on under attachment, after judgment in favor of the
plaintiff against the defendant in attachment, the clerk must issue execution against the
obligors on the bond for the amount of the plaintiff's judgment, for the damages, if any were
assessed, and the costs of the amount of such assessed value, if that is not greater than
the amount of the judgment and for the damages, if any were assessed, and the costs of the
trial of the right of property. And in the event the claimant delivers the property, but fails
to pay damages and costs within 30 days, execution must issue for such damages and...
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6-10-36
Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages resulting
from detention on bond; judgment and execution on bond. When bond has been executed by the
plaintiff or defendant for the forthcoming of the property in contest, the value of the property,
and the damages resulting from its detention must be assessed by the court or jury trying
the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property
and pay the damages as required by the condition of the bond, it shall be the duty of the
sheriff to make due return of that fact; and, upon such return being made, the bond shall
have the force and effect of a judgment, and execution may issue thereon against the obligors
on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907;
Code 1940, T. 7, §650.)...
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6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect
of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property
and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if
the defendant has retained possession of the chattels, giving bond, the court may order the
chattels to be delivered to such claimant on his giving bond with sufficient surety, to be
approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant
with condition that if he is not successful in the action he will, within 20 days thereafter,
deliver the chattels and pay all such damages as may be assessed for the detention thereof
and all costs adjudged against him. If such person refuses or neglects to give such bond for
three days after service of his first pleading or motion in the action, the chattels must
be delivered to the plaintiff on his giving bond with sufficient surety, to be...
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6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
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31-2-31
Section 31-2-31 Sale, pawn; purchase or unauthorized retention of military property; seizure,
etc., of unlawfully retained property. Any person who sells, pawns, purchases, retains or
has in his possession or custody, without right, any military property belonging to this state
or the United States, or any unit of the armed forces of the state, and who, after proper
demand, refuses to deliver the same to any officer entitled to take possession thereof, is
guilty of a misdemeanor if the value of such property is $500.00 or less, and is guilty of
a felony if the value of such property exceeds $500.00. Any person belonging to the armed
forces of the state who, contrary to the order of the proper officer, retains in his possession
or control any military property of this state or of the United States is guilty of a misdemeanor
if the value of such property is $500.00 or less, and is guilty of a felony if the value of
such property exceeds $500.00. Any commanding officer may take possession...
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2-17-19
Section 2-17-19 Condemnation proceedings generally; disposition of condemned animals or articles;
payment of costs, fees and expenses, etc. (a) Any carcass, part of a carcass, meat or meat
food product or poultry food product of any of the animals or birds subject to inspection
under this chapter or any such animal or bird that is dead, dying, disabled or diseased
that is being transported in intrastate commerce or is held for sale in this state after such
transportation and that is or has been prepared, sold, transported or otherwise distributed
or offered or received for distribution in violation of this chapter or is capable of use
as human food and is adulterated or misbranded or in any other way is in violation of this
chapter shall be liable to be proceeded against and seized and condemned at any time by writ
of attachment for condemnation in any proper court as provided in Section 2-17-30 within the
jurisdiction of which the article or animal is found. Such writ of attachment...
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15-8-150
so advertised), which said stock (or other security) had not then been registered and recorded
in the register of the Alabama Securities Commission (or which said advertisement had not
then been filed with and approved by the chairman of the Alabama Securities Commission). (3)
AFFRAYS. A. B. and C. D. did fight together in a public place (4) ALTERING, ETC., MARKS, BRANDS,
ETC. A. B., with intent to defraud, marked or branded an unmarked horse, or altered or defaced
the mark or brand of a marked animal, the property of C. D. (5) CRUELTY TO ANIMALS.
A. B. did override (overdrive, overload, drive when overloaded, torture, torment, deprive
of necessary sustenance, mutilate or cruelly kill, or cause or procure the same, as the case
may be) a horse (or other domestic animal, naming it). (6) WANTON, MALICIOUS, ETC.,
DESTRUCTION, ETC., OF ANIMALS, ETC. A. B. did unlawfully, or wantonly, or maliciously, kill
(or disable, disfigure, destroy or injure) a horse (or other property mentioned in the...
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6-6-250
Section 6-6-250 Duty of clerk to require taking of property by sheriff unless defendant gives
bond; disposition of property on failure to give bond. (a) When an action is commenced for
the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney makes
affidavit that the property sued for belongs to the plaintiff and executes a bond in such
sum and with such surety as may be approved by the clerk, with condition that if the plaintiff
fails in the action, he will pay the defendant all such costs and damages as he may sustain
by the wrongful complaint, it is the duty of the clerk to endorse on the summons that the
sheriff is required to take the property mentioned in the complaint into his possession unless
the defendant gives bond payable to the plaintiff, with sufficient surety, in double the value
of the property, with condition that if the defendant fails in the action he will, within
30 days thereafter, deliver the property to the plaintiff and pay all costs...
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