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15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable
satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended
to be used in, or derived from, a felony offense. Except as provided otherwise in this article,
the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition
shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290,
inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest
in any type of property shall not be forfeited under this article for any act or omission
unless the state proves that the act or omission was committed or omitted with the knowledge
or consent of that owner or lienholder. (2) The state may stipulate that the interest of an
innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof
of the claim. The state shall file the stipulation with the court...
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26-8-21
Section 26-8-21 Application for removal and notice of hearing thereon; appointment of guardian
ad litem. Authority for such removal may be obtained on the application in writing, verified
by affidavit, of the guardian, or of the minor or ward by next friend, stating the facts which
show that the removal will advance the interests of the minor or ward. If application is made
by the minor or ward by next friend, a day must be appointed for the hearing, 10 days' notice
of which must be given the guardian or conservator by the service of process. If application
is made by the guardian or conservator, a day, not less than 10 days after the filing of the
application, must be appointed for the hearing and a guardian ad litem appointed to represent
the minor or ward, who must put in issue the facts stated in the application and require proof
thereof. (Code 1852, §§2031, 2035; Code 1867, §§2441, 2445; Code 1876, §§2796, 2802;
Code 1886, §2484; Code 1896, §2369; Code 1907, §4459; Code...
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27-11-5
Section 27-11-5 Secretary of State as agent for service of process on insurer; service of process;
attachment of jurisdiction; fees for service. (a) Any insurer not qualified under the laws
of this state to transact the business of insurance as evidenced by a license or certificate
of authority from the Commissioner of Insurance which shall transact, or attempt to transact,
the business of insurance in this state or which shall do, or attempt to do, any of the acts
and occurrences set out in Section 27-11-3 shall, by the doing of such business or the performing
or attempting to perform any of such acts, be deemed to have appointed the Secretary of State,
or his successor or successors in office, to be the true and lawful attorney or agent of such
insurer whom process may be served in any action accrued or accruing from the transacting
of such business or the performing of such act by any such insurer, or by its agent, servant,
or employee. Service of such process shall be made by...
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6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
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6-6-252
Section 6-6-252 Intervention by claimant of property; disposition of property. When an action
is commenced for the recovery of personal property in specie under the provisions of subsection
(a) of Section 6-6-250, any person claiming an interest in the property may intervene as a
matter of right. Within five days after entry of the order authorizing intervention, the intervenor
may make affidavit that the property sued for belongs to him and give bond in favor of the
party then entitled to possession of the property pending an action, or, if neither party
is then entitled to possession of the property pending an action and the property is in the
custody of the sheriff, in favor of the party from whom the property was taken, the bond to
be in the amount and upon the terms provided in subsection (b) of Section 6-6-250, whereupon
the sheriff must deliver the property to the claimant unless, within five days after the sheriff
seizes the property for delivery to the claimant, the party to...
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11-48-49
Section 11-48-49 Proceedings for sale of land upon failure of owner to pay assessment, installment,
or interest - Notice. If the property owner who has not elected to pay installments fails
to pay his assessments within 30 days or, having elected to pay in installments, fails to
pay the first installment in 30 days from the date of the assessment or makes default in the
payment of any annual installment or the interest thereon, the whole of such assessment shall
immediately become due and payable, and the officer designated by the municipality to collect
such assessments shall proceed to sell the property against which the assessment is made to
the highest bidder for cash, but he shall first give notice by publication once a week for
three consecutive weeks in some newspaper published in the city or town or of general circulation
therein of the date and time of such sale and the purpose for which the same is made, together
with a description of the property to be sold. If said officer...
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11-88-80
Section 11-88-80 Entire assessment due and payable upon default in payment of assessment or
installments thereof; advertisement and sale of property assessed for improvement generally.
If the property owner who has not elected to pay in installments fails to pay his assessment
within 30 days or, having elected to pay in installments, fails to pay the first installment
in 30 days from the date of the assessment or makes default in the payment of any annual installment
or the interest thereon, the whole of such assessment shall immediately become due and payable.
The officer designated by the authority to collect such assessments shall proceed to sell
the property against which the assessment is made to the highest bidder for cash, but he shall
first give notice by publication once a week for three consecutive weeks in some newspaper
published in the county in which the property is located and of general circulation therein
of the date and time of such sale and the purpose for which the...
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13A-7-42
Section 13A-7-42 Arson in the second degree. (a) A person commits the crime of arson in the
second degree if he intentionally damages a building by starting or maintaining a fire or
causing an explosion. (b) A person does not commit a crime under subsection (a) if: (1) No
person other than himself has a possessory or proprietary interest in the building damaged;
or if other persons have those interests, all of them consented to his conduct; and (2) His
sole intent was to destroy or damage the building for a lawful and proper purpose. (c) The
burden of injecting the issue of justification in subsection (b) is on the defendant, but
this does not shift the burden of proof. (d) A person commits the crime of arson in the second
degree if he intentionally starts or maintains a fire or causes an explosion which damages
property in a detention facility or a penal facility, as defined in Section 13A-10-30, with
reckless disregard (because of the nature or extent of the damage caused or which...
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13A-9-42
Section 13A-9-42 False advertising. (a) A person commits the crime of false advertising if,
in connection with the promotion of a sale, transfer, consumption or use of property or services,
he makes or causes to be made a false or misleading statement in any advertisement addressed
to the public or to a substantial number of persons. (b) It is a defense to a prosecution
under this section if the actor acts neither knowingly nor recklessly in making the false
or misleading statement or in causing it to be made. The burden of injecting the issue is
on the defendant, but this does not shift the burden of proof. (c) False advertising is a
Class B misdemeanor. (Acts 1977, No. 607, p. 812, §4110.)...
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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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