Code of Alabama

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36-11-18
Section 36-11-18 Execution of process, etc., where sheriff or clerk of court subject to impeachment
proceedings. In all cases in which the sheriff is the party accused, all process relating
to the case shall be executed by the coroner of the county or, if there is no coroner, then
by such other person as may be appointed by the court or a judge in vacation. If the accused
is the clerk of the court, then the court or judge thereof shall appoint a special clerk,
who shall be some reliable and responsible person and who shall perform and discharge all
the duties of the office as to this particular case, under the direction of the court or the
judge thereof, until such case is finally determined, and who shall be liable to all penalties
prescribed by law for any misfeasance, malfeasance or nonfeasance in the discharge of the
duties of such office. (Code 1876, §4056; Code 1886, §4828; Code 1896, §4874; Code 1907,
§7109; Code 1923, §4507; Code 1940, T. 41, §188.)...
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17-16-56
Section 17-16-56 Contest of election of judge of probate court and other county and municipal
officers - Generally. If the contest is of an election to the office of judge of the probate
court, sheriff, tax assessor, tax collector, county treasurer, clerk of the circuit court,
or any other office filled by the vote of a single county or any subdivision thereof, or any
office of a city or town not in this article otherwise provided for, the party contesting
must file in the office of the clerk of the circuit court of the county in which the election
was held, a statement in writing, verified by affidavit, of the grounds of the contest as
provided in this article and must give good and sufficient security for the costs of the contest,
to be approved by the clerk. On the filing of the statement and the giving of the security,
the clerk must enter the contest on the trial docket as a civil action pending in the court
for trial, and, after having made such entry, the clerk must issue a...
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12-19-193
Section 12-19-193 Fees for inquest; fees, etc., for postmortem examinations; payment of fees
to coroners for services rendered in discharging duties of sheriff. (a) Fees for holding inquest
shall be paid out of the county treasury, when the inquest has been held under the order of
a judge of a court of record or district attorney, and such fees must be also certified by
the coroner to the clerk of the circuit court of the county and must be taxed as costs against
any person who is convicted for killing the person on whose body the inquest was held and
be collected like other costs in criminal cases and, when collected in cases in which the
county has paid the same, shall be paid to the county treasurer for the use of the county
and, in other cases, to the coroner. (b) No fees shall be paid for an inquest when it is publicly
known before the jury is summoned who caused the death of the deceased or when the slayer
has been arrested for the homicide; but, in such case, if the immediate...
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6-6-40
Section 6-6-40 Form. The form of attachment must be in substance as follows, but no objection
shall be taken for any defect in form if the essential matters are set forth: The State of
Alabama, ___ county To any sheriff of the State of Alabama: Whereas A. B. (or C. D., as the
agent or attorney of A. B., as the case may be) hath complained on oath to me, E. F., judge
of the circuit court of said state (or district court judge, or judge of the probate court
or clerk of the circuit court of said county or as the case may be), that G. H. is (or will
be, as the case may be) justly indebted to the plaintiff in the sum of _____ dollars, and
the plaintiff having made affidavit and given bond as required by law in such cases, you are
hereby commanded to attach so much of the estate of G. H. as will be of value to satisfy the
said debt and costs, according to the complaint, and such estate, unless replevied, so to
secure that the same may be liable to further proceedings thereon, to be had...
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12-19-54
Section 12-19-54 Proceedings for retaxation of excessive costs in probate courts. (a) If the
taxation of costs by a probate court is excessive by charging the costs of witnesses who were
not examined, by charging costs to an improper party or by taxing costs contrary to law, the
party aggrieved may move the court for a retaxation, setting forth the particulars in which
the clerk has erred. This section shall apply to costs taxed in probate courts in all cases
and proceedings where such courts have jurisdiction, and any aggrieved party to any case or
proceeding may move the circuit court in the county where such case or proceeding is pending
for a retaxation of such costs, setting forth the particulars wherein such probate court costs
were improperly taxed. Such motion may be heard on five days' notice to the officers or persons
claiming said fees or costs, and the same shall be passed on by the judge as other motions
are heard and passed upon. From a judgment or order refusing or...
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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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13A-11-84
Section 13A-11-84 Penalties; seizure and disposition of pistols involved in violations of certain
sections. (a) Every violation of subsection (a) of Section 13A-11-72 or Section 13A-11-81
shall be a Class C felony. Every violation of subsection (b) of Section 13A-11-72 or Sections
13A-11-73, 13A-11-74, 13A-11-76, and 13A-11-77 through 13A-11-80 shall be a Class A misdemeanor.
The punishment for violating Section 13A-11-78 or 13A-11-79 may include revocation of license.
(b) It shall be the duty of any sheriff, policeman, or other peace officer of the State of
Alabama, arresting any person charged with violating Sections 13A-11-71 through 13A-11-73,
or any one or more of those sections, to seize the pistol or pistols in the possession or
under the control of the person or persons charged with violating the section or sections,
and to deliver the pistol or pistols to one of the following named persons: if a municipal
officer makes the arrest, to the city clerk or custodian of stolen...
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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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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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