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36-12-24
Section 36-12-24 Proceedings for recovery of papers, property, etc., by successor to office
generally - Issuance of warrant for search and seizure of papers, property, etc., upon failure
of person charged with withholding same to make affidavit, etc. In the case stated in Section
36-12-23, if required by the plaintiff, such officer shall also issue his warrant, directed
to any lawful officer, commanding him in the daytime to search such places as may be designated
in such warrant for such books, papers and property as belonged and appertained to the office
vacated and to seize and bring them before the officer issuing such warrant. (Code 1852, §158;
Code 1867, §197; Code 1876, §210; Code 1886, §305; Code 1896, §3137;
Code 1907, §1553; Code 1923, §2687; Code 1940, T. 41, §136.)...
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36-12-26
Section 36-12-26 Proceedings for recovery of papers, property, etc., by successor to office
upon death of incumbent, etc. If any person holding any office in this state dies or his office
in any way becomes vacant and any books, papers or property belonging or appertaining to such
office come into the possession of any person, the qualified successor to such office may,
in the manner before prescribed in Sections 36-12-20 through 36-12-25, demand such books,
papers or property from the person having the same in his possession; and, on the same being
withheld, an order may be obtained and the person charged may, in like manner, make oath of
the delivery of all such books, papers and property that ever came into his possession; and,
in case of his failure to make such oath and to deliver up the books, papers or property so
demanded, such person shall be committed to jail and a search warrant may be issued and the
books, papers, or property seized by virtue thereof and delivered to the...
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36-12-25
Section 36-12-25 Proceedings for recovery of papers, property, etc., by successor to office
generally - Examination of papers, property, etc., upon seizure and delivery thereof to complainant.
Upon books, papers or property being brought before such officer by virtue of such warrant,
he shall inquire and examine whether the same appertained to the office vacated, in which
case he shall cause such books, papers and property to be delivered to the plaintiff. (Code
1852, §159; Code 1867, §198; Code 1876, §211; Code 1886, §306; Code 1896, §3138; Code
1907, §1554; Code 1923, §2688; Code 1940, T. 41, §137.)...
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36-12-21
Section 36-12-21 Proceedings for recovery of papers, property, etc., by successor to office
generally - Filing of complaint; issuance of order to person refusing, etc., to deliver papers,
etc., to show cause why delivery of same should not be compelled. If any person refuses or
neglects, after demand made, to deliver over any books, papers or property as required in
Section 36-12-20, his successor may make complaint thereof to the judge of the circuit court
or judge of the probate court of the county in which the person refusing resides; and, if
such officer is satisfied by the oath of the plaintiff and such other evidence as may be offered
that any such books, papers or property are withheld, he shall grant an order requiring the
person so refusing to show cause before him, on a day and at a place named in such order,
why he should not be compelled to deliver the same. (Code 1852, §155; Code 1867, §194; Code
1876, §207; Code 1886, §302; Code 1896, §3134; Code 1907, §1550; Code...
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36-12-23
Section 36-12-23 Proceedings for recovery of papers, property, etc., by successor to office
generally - Imprisonment of person charged with withholding papers, property, etc., upon failure
to make affidavit, etc. If the person complained against does not make such affidavit and
it appears that any such books, papers or property are withheld, the officer before whom the
proceedings are had shall, by warrant, commit the person so withholding to the jail of the
county, there to remain until he delivers such books, papers or property or is otherwise discharged
by law. (Code 1852, §157; Code 1867, §196; Code 1876, §209; Code 1886, §304; Code 1896,
§3136; Code 1907, §1552; Code 1923, §2686; Code 1940, T. 41, §135.)...
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8-12-23
Section 8-12-23 Issuance of search warrant for containers unlawfully used or held. Whenever
any person, corporation, or their agent shall make oath before any judge that he has reason
to believe, and does believe, that any of his bottles, boxes, siphons, fountains, or kegs,
a description of the name, marks, or devices whereon has been filed and published as provided
in Section 8-12-20, are being unlawfully used, filled, or had by any person or corporation
manufacturing or selling soda, mineral, or aerated waters, cider, ginger ale, milk, cream,
beer, ale, or other beverages, or that any junk dealer, dealer in secondhand articles, vendor
of bottles, or any person or corporation has any such bottles, boxes, siphons, fountains,
or kegs in his possession or secreted in any place, such judge must issue a search warrant
to discover and seize such property, whereupon such proceedings must be had as in other cases
in which search warrants have issued. (Code 1896, §5570; Code 1907, §7321;...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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