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12-19-92
Section 12-19-92 Constables' fees generally; exception as to Jefferson County. (a) Constables
shall be entitled to the following fees for the following services in civil cases in which
the amount in controversy is less than $20.00: (1) Serving summons $.50 (2) Summoning each
witness .25 (3) Levying an attachment for not more than $50.00 .75 (4) Levying an attachment
for more than $50.00 1.00 (5) Levying an execution for not more than $50.00 .50 (6) Levying
an execution for more than $50.00 1.00 (7) Making money on execution, two percent on the amount
collected, but in no case less than .50 (8) Serving notice on each party therein named .25
(9) Serving notice in the nature of scire facias .50 (10) Taking any bond required by law
.50 (11) Keeping property levied on, such sum as a judge may order to be paid out of the money
in the hands of the constable arising from the sale (12) In cases of forcible entry and detainer,
and unlawful detainer, for serving summons and writ 1.00 (13) For...
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6-6-314
Section 6-6-314 Liability of lessee holding over; how such recovered. Any person who, having
entered into the possession of lands and tenements under a contract of lease, forcibly or
unlawfully retains the possession thereof after the expiration of his term or refuses to surrender
the same on the written demand of the lessor, his agent, or attorney or legal representative,
is liable for double the amount of the annual rent agreed to be paid under such contract and
for such other special damages as may be thereby sustained by the party thus unlawfully kept
out of possession, to be recovered as now provided by law in actions of unlawful detainer
or by a civil action for damages. (Code 1867, §3312; Code 1876, §3709; Code 1886, §3391;
Code 1896, §2137; Code 1907, §4273; Code 1923, §8014; Code 1940, T. 7, §977.)...
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1-1-1
Section 1-1-1 Meaning of certain words and terms. The following words, whenever they appear
in this Code, shall have the signification attached to them in this section unless otherwise
apparent from the context: (1) PERSON. The word "person" includes a corporation
as well as a natural person. (2) WRITING. The word "writing" includes typewriting
and printing on paper. (3) OATH. The word "oath" includes affirmation. (4) SIGNATURE
or SUBSCRIPTION. The words "signature" or "subscription" include a mark
when the person cannot write, if his name is written near the mark, and witnessed by a person
who writes his own name as a witness, and include with respect to corporate securities facsimile
signature placed upon any instrument or writing with intent to execute or authenticate such
instrument or writing. (5) LUNATIC, INSANE or NON COMPOS MENTIS. The words "lunatic"
or "insane" or the term "non compos mentis" include all persons of unsound
mind. (6) PROPERTY. The word "property" includes both...
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28-4-72
Section 28-4-72 Forfeiture of charters of clubs or incorporated associations violating provisions
of Sections 28-4-70 or 28-4-71. Any chartered club or incorporated association of persons
under the laws of Alabama guilty of violating any of the provisions of Section 28-4-70 or
maintaining or keeping any such place as is described in Section 28-4-71 shall forfeit its
charter, and such forfeiture may be declared by a proceeding in quo warranto against the club
or incorporated association in a court of competent jurisdiction in the county where the unlawful
act is committed. (Acts 1915, No. 1, p. 1; Code 1923, §4664; Code 1940, T. 29, §139.)...
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35-9A-461
Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief.
(a) A landlord's action for eviction, rent, monetary damages, or other relief relating to
a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure
and the Alabama Rules of Appellate Procedure except as modified by this chapter. (b) District
courts and circuit courts, according to their respective established jurisdictions, shall
have jurisdiction over eviction actions, and venue shall lie in the county in which the leased
property is located. Eviction actions shall be entitled to precedence in scheduling over all
other civil cases. (c) Service of process shall be made in accordance with the Alabama Rules
of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve
the defendant personally, service may be had by delivering the notice to any person who is
sui juris residing on the premises, or if after reasonable effort no person is...
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15-6-24
Section 15-6-24 Requiring security to keep the peace by defendant; when court appearance required;
form of undertaking. (a) If there is just reason to fear the commission of an offense, the
defendant must be required to give security to keep the peace, in such sum as the circuit,
district or municipal court judge may direct, towards all the people of this state, particularly
the person against whom or whose property there is reason to fear the offense may be committed,
for such time as the judge may direct, though not more than 12 nor less than six months; but
the defendant must not be required to appear at any court unless he has actually committed
an offense cognizable in such court. (b) The undertaking to keep the peace may be, in substance,
as follows: "The State of Alabama,} We (here insert the names of the defendant and his
sureties), agree to pay to the ___ County.} State of Alabama $1,000.00 (or such sum as the
judge directs) if the said (here insert name of the...
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9-12-4
Section 9-12-4 Proceedings as to violations of chapter - Jurisdiction. (a) Except as provided
in subsection (b), jurisdiction of an alleged violation of this chapter shall be in the district
court of the county where the offense is alleged to have been committed. (b)(1) For the purposes
of determining jurisdiction of violations of the marine resources law pursuant to this subsection,
the following line is established: The line shall be the centerline of the Mobile Ship Channel
as it is located in the Gulf of Mexico, southward to the last navigational buoy, commonly
referred to as the "Farewell Buoy," which is located at Latitude 30 degrees 07.490
minutes, Longitude 88 degrees 04.130 minutes, and extending due south from that point. (2)
If a violation of any marine resources law or regulation is alleged to have been committed
in the Gulf of Mexico within the waters of the state, the jurisdiction of the offense shall
be based on the global positioning system (GPS) location thereof and...
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45-36-80.05
Section 45-36-80.05 Jackson County Preservation of Justice Act. SECTION 4 OF ACT 2019-215 WAS
AMENDED BY ACT 2020-119 IN THE 2020 REGULAR SESSION, EFFECTIVE MAY 18, 2020. THIS IS NOT IN
THE CURRENT CODE SUPPLEMENT. (a) This section shall be known and cited as the Jackson County
Preservation of Justice Act. (b) The Legislature hereby finds and declares the following:
(1) The financial restraints existing in the State General Fund budget have resulted in a
shortfall to the Unified Judicial System that has caused the layoff of many judicial employees.
In Jackson County, three employees in the circuit clerk's office who were scheduled for layoff
have been temporarily retained with alternate funding other than funds appropriated to the
Unified Judicial System; however, this alternate funding cannot be relied upon in the future.
Revenue from this section will restore funding for some judicial employees in the circuit.
(2) This section addresses this problem by increasing court costs. (c) In...
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45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation
in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the
Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (3) LAW ENFORCEMENT.
As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined
in subdivision (15) of Section 36-25-1, including, but not limited to, police personnel, sheriff
personnel, district attorney investigator, Department of Human Resources personnel, parole
and probation personnel, community corrections office personnel, and court referral office
personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any...
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8-19-11
Section 8-19-11 Penalties. (a) Any person who violates the terms of an injunction or order
issued under this chapter shall forfeit and pay a civil penalty of not more than $25,000 per
violation and shall be adjudged in contempt. For the purpose of this section, any circuit
court issuing an injunction or order under this chapter shall retain jurisdiction, and in
such cases the Attorney General or the district attorney acting in the name of the state may
petition for recovery of such civil penalties. (b) Any person who is knowingly engaging in
or has knowingly engaged in any act or practice declared unlawful by Section 8-19-5 shall
forfeit and pay a civil penalty of not more than $2,000 per violation upon petition by the
Attorney General or a district attorney acting in the name of the state to the circuit court
for the county in which the defendant resides, is doing business, or has his/her principal
place of business, or the county in which the unlawful act or practice was or is being...
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