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37-14-13
Section 37-14-13 Judicial determination of legality, etc., of article - Hearing; entry of judgment;
appeals. At the time and place designated in said order, the judge of said circuit court shall
proceed to hear and determine all questions of law and of fact in said civil action, and he
shall make such order, or orders, as to the proceedings in said civil action as will best
preserve and protect the interests of all parties and to enable him to enter a final judgment
with the least possible delay. The final judgment shall find the facts specially and shall
state separately the judge's conclusions with regard to any and all legal issues raised with
regard to any of the provisions of this article and proposed purchase and sale of distribution
facilities and other transactions and restrictions under this article, together with other
matters raised in the complaint, and shall state the judge's conclusions of law thereon. Any
citizen of the state may appear in such proceedings, either...
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41-10-26
Section 41-10-26 Powers of authority generally. The authority shall have the following powers:
(1) To have succession by its corporate name until dissolved as provided in this article;
(2) To institute and defend legal proceedings in any court of competent jurisdiction and proper
venue; provided, that the authority may not be sued in any trial court other than the courts
of the county in which is located the principal office of the authority; provided further,
that the officers, directors, agents and employees of the authority may not be sued for actions
in behalf of the authority in any trial court other than the courts of the county in which
is located the principal office of the authority; (3) To have and to use a corporate seal
and to alter the seal at pleasure; (4) To establish a fiscal year; (5) To anticipate by the
issuance of its bonds the receipt of the revenues appropriated and pledged in this article;
(6) To pledge the proceeds of the appropriations and pledges provided for...
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12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
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12-16-34
Section 12-16-34 Compensation of members. (a) Upon written order of the presiding circuit judge
or his designee, the jury commission shall meet on such days as are required to replenish
the number of names in the trial court jury box and to perform such other necessary duties
as are related thereto. Each member of the jury commission shall be paid the sum of $10.00
for each day he is actually engaged in the discharge of his duties pursuant to the order of
the presiding circuit judge. The president of each jury commission shall submit all claims
for compensation for its members along with a copy of the order of the presiding circuit judge
to the Administrative Director of Courts. Claims shall be submitted on such forms as may be
prescribed by the Administrative Director of Courts, and, if approved, shall be processed
and paid by the state. (b) The compensation of each member of the commission shall not exceed
for any year of his term the following amounts: (1) In counties of 25,000...
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12-17-226.5
Section 12-17-226.5 Program requirements; counsel; costs. (a) An offender who enters into a
pretrial diversion program established under this division shall be brought before a court
of competent jurisdiction and shall satisfy each of the following requirements: (1) Voluntarily
waive, in writing, his or her right to a speedy trial. (2) Agree, in writing, to the tolling
of periods of limitations established by statutes or rules of court while in the program.
(3) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior to entering
into any agreement or seeking entry into a pretrial diversion program created pursuant to
this division, an offender must be represented by counsel or waive his or her right to have
counsel before a judge of a court of competent jurisdiction. If the offender is indigent,
nothing in this division shall prevent the court from appointing counsel to represent an offender.
(c) An offender who enters a pretrial diversion program pursuant to this...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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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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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond. If
at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice
and hearing, that the defendant has violated the terms of any such order of support or the
terms of any such probation bond, said judge may forthwith, or after further probation, make
and enter an order setting aside such suspension of said judgment and sentence, and may issue
a warrant for the arrest of such defendant, and may, upon such arrest, commit him to jail
or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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31-2-105
Section 31-2-105 Courts-martial for members of National Guard - Delivery of certificate to
sheriff for execution of sentence; disposition of fines. Where any sentence of a fine or imprisonment
shall be imposed by any military court of this state, it shall be the duty of the Adjutant
General, upon approval of the findings and sentences of such court by the Governor, to make
out and sign a certificate entitling the case, giving the name of the accused, the date and
place of trial, the date of approval of the sentence, the amount of the fine and term of imprisonment,
if any, and deliver such certificate to the sheriff of the county wherein the sentence is
to be executed. It shall thereupon be the duty of such officer to carry the sentence into
execution in the manner prescribed by law for the collection of fines and serving imprisonment
in criminal cases determined in the courts of this state. All fines collected under the provisions
of this chapter shall be paid to the State of Alabama....
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31-2-118
Section 31-2-118 Right of National Guard members, etc., under indictment, etc., for injuries
to persons or property incurred during performance of duties to change of venue of trial.
Any civil or military officer or member of the National Guard or any person lawfully aiding
them in the performance of any duty required under the provisions of this chapter, indicted
or sued for any injury to person or property in endeavoring to perform such duty, shall
have the right, and upon motion of such person, it is hereby made the duty of the court in
which such indictment or suit is pending or sued, to remove the trial of the indictment or
suit to some county, free from exception, other than that in which the indictment was found
or injury done. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §173; Acts
1973, No. 1038, p. 1572, §124.)...
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