12-21-143
Section 12-21-143 Failure of witnesses to testify. (a) Any witness refusing to testify, unless
privileged by law from testifying in the case, must be committed to the jail of the county,
there to remain without bail until he consents to testify. (b) No witness so imprisoned shall
be discharged at the adjournment of the court, or afterwards, until he gives bond and surety
in an amount to be prescribed by the judge of such court, to be approved by the clerk of the
court, payable to the state and conditioned to appear at the next session and give evidence
in the case. (Code 1852, §§2309, 2310; Code 1867, §§2711, 2712; Code 1876, §§3066, 3067;
Code 1886, §§2799, 2800; Code 1896, §§1831, 1832; Code 1907, §§4028, 4029; Code 1923,
§§7742, 7743; Code 1940, T. 7, §§455, 456.)...
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11-41-26
Section 11-41-26 Rendition of decree of forfeiture and dissolution; appeal from same. If, upon
such hearing, it shall appear that one of the grounds of forfeiture enumerated in section
11-41-24 exists, the probate judge shall render a decree declaring such charter forfeited
and such municipality dissolved, and from any decree rendered under this section any citizen
of the town or person filing such petition may appeal to the circuit court upon giving bond
for cost of such appeal. (Acts 1919, No. 517, p. 739; Code 1923, §2332; Code 1940, T. 37,
§23.)...
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11-47-173
Section 11-47-173 Right of entry of municipality pending appeal. When an appeal is taken from
any preliminary assessment as provided for in subsection (c) of Section 11-47-172, such appeal
shall not deprive the municipal corporation obtaining the judgment of condemnation from a
right of entry for any or all of the purposes provided for in Section 11-47-171 or subsection
(a) of Section 11-47-172; provided, that the amount of damages assessed shall be paid into
court in money and a bond shall be given in not less than double the amount of damages assessed,
with good and sufficient sureties, to be approved by the clerk of the court to which the appeal
is taken, conditioned to pay such damages as the owner of the property may sustain. (Code
1907, §1442; Code 1923, §2298; Code 1940, T. 37, §510.)...
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9-12-7
Section 9-12-7 Proceedings as to violations of chapter - Bonds for stay of sale of condemned
boats, etc., pending appeal. The sale of the boat or vessel is not stayed by an appeal unless
the appellant enters into a bond in a penalty of twice the value of the boat or vessel, her
tackle, etc., the value to be determined by the judge of the district court, with sufficient
surety, payable to the State of Alabama, with condition to prosecute the appeal to effect.
The bond must be returned, with the other papers in the case, to the circuit court; and, if
the judgment of the district court is affirmed, judgment shall be rendered against all the
obligors therein for the amount of the fines not paid and for the value of the boat, her tackle,
etc., to be ascertained by proof, as well as the costs of the circuit court. (Code 1852, §1126;
Code 1867, §1306; Code 1876, §1614; Code 1886, §4725; Code 1896, §5580; Code 1907, §7501;
Code 1923, §5109; Code 1940, T. 8, §170.)...
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23-1-82
Section 23-1-82 County commissions - Eminent domain. The county commissions of the several
counties of the state are given the right of eminent domain for the purpose of establishing
and changing public roads, bridges, and ferries in their respective counties, except in cases
where the State Department of Transportation has jurisdiction over such highways. When an
appeal is taken from any assessment in a condemnation proceeding brought by a county, such
appeal shall not deprive the county obtaining the judgment of condemnation of a right of entry
for any and all purposes named in the condemnation proceeding provided the amount of damages
assessed shall have been paid into court in money and a bond shall have been given in not
less than double the amount of damages assessed, with good and sufficient sureties, to be
approved by the clerk of the court to which the appeal is taken, conditioned to pay such damages
as the owner of the property may sustain. Said amount of damages may be paid...
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26-5-52
Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to make settlement
in probate court. In any case where a conservator shall die without having made a final settlement
of his or her conservatorship and a successor is appointed, such succeeding conservator or
ward or the cestui que trust may by petition to the court in which such estate is pending
have an order requiring the sureties on such bond to make settlement of such estate in the
court after 10 days' notice of the day fixed by the judge thereof. (Code 1923, §5937; Code
1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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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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37-1-157
Section 37-1-157 Costs. If, upon the appeal of any action originating under this title, it
shall be determined by the court that the order of the commission was invalid or unreasonable
or unjust and should not be performed, the costs of said action may, in the discretion of
the court be taxed against the state or the utility or utilities involved in the action. If
on the hearing the court should find in favor of the Public Service Commission, then the costs
of the action shall be paid by the utilities by or against which the proceedings were instituted.
If costs are ordered taxed against or paid by the state, the same shall be paid upon the approval
of the trial judge, by a warrant drawn by the comptroller upon the treasurer. The costs of
the transcript certified by the Public Service Commission to the circuit court shall be taxed
as a part of the costs of the action at the same rate as transcripts from the circuit court
to the supreme court are taxed. (Code 1907, §5714; Code 1923,...
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40-3-25
Section 40-3-25 Appeals - Procedure. All appeals from the rulings of the board of equalization
fixing value of property shall be taken within 30 days after the final decision of said board
fixing the assessed valuation as provided in this chapter. The taxpayer shall file notice
of said appeal with the secretary of the board of equalization and with the clerk of the circuit
court and shall file bond to be filed with and approved by the clerk of the circuit court,
conditioned to pay all costs, and the taxpayer or the state shall have the right to demand
a trial by jury by filing a written demand therefor within 10 days after the appeal is taken.
When an appeal is taken, the taxpayer shall pay the taxes due as fixed for assessment for
the preceding tax year before the same becomes delinquent; and, upon failure to do so, the
court upon motion ex mero motu must dismiss the appeal, unless at the time of taking the appeal
the taxpayer has executed a supersedeas bond with sufficient sureties...
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43-2-562
Section 43-2-562 Settlement by sureties of deceased executor or administrator - Petition for
order requiring sureties to make settlement. In any case where an executor or administrator
shall die without having made a final settlement of his administration and a successor is
appointed, such succeeding executor or administrator or the heirs and distributees, legatees
or cestui que trust may, by petition to the court in which such estate is pending, have an
order requiring the sureties on such bond to make settlement of such estate in said court
after 10 days' notice of the day fixed by the court or judge thereof. (Acts 1915, No. 98,
p. 138; Code 1923, §5937; Code 1940, T. 61, §332.)...
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