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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6-6-392
Section 6-6-392 Bond required when garnishment in aid of pending action; exception as to Superintendent of Banks. When the garnishment is in aid of a pending action, the plaintiff, his agent or attorney must also give bond in double the amount claimed in the action, with sufficient surety, to be approved by the officer issuing the writ, with condition that the plaintiff will prosecute the garnishment to effect and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such garnishment; and such bond, as to actions thereon, is subject to the provisions of this code relating to actions on attachment bonds; provided, however, that the Superintendent of Banks of the State of Alabama shall not be required to give bond when garnishment is issued in aid of a pending action, which action is based on a promissory note owned by a bank in the process of liquidation. Such Superintendent of Banks or the liquidating agent of such bank in liquidation shall,...
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15-13-64
Section 15-13-64 Surrender of defendant to sheriff required to exonerate bail; when new bail allowed. To exonerate the bail, the surrender of the defendant must be made to the sheriff of the county in which the court is held, to which the defendant is bound to appear or to which the trial has been removed; and, if the charge is for a misdemeanor, the sheriff may discharge him on his giving new bail; otherwise, he must keep him in jail until discharged by law. (Code 1852, §700; Code 1867, §4251; Code 1876, §4860; Code 1886, §4430; Code 1896, §4373; Code 1907, §6353; Code 1923, §3386; Code 1940, T. 15, §211; Acts 1949, No. 199, p. 230.)...
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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by an employee of the contractor, or by any person who has furnished to him material for the building or improvement, the contractor shall be a necessary party defendant thereto; and in such action on motion of the plaintiff, the owner or proprietor may be cited to answer under oath how much was owing by him to the contractor on his contract with such contractor, at the time of the service on him of the notice required by Section 35-11-218; and such answer may be controverted, and proceedings had and judgment entered as in garnishment cases. (b) When the lien is sought to be enforced by any person other than the contractor, it shall be the duty of the contractor to defend the action at his own expense; and after notice of an intention to file a statement of the lien, and pending the action, the owner or proprietor may withhold from the contractor money sufficient to cover the amount claimed, and...
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35-11-6
Section 35-11-6 Limitations; trial of cases of attachment. All cases arising under the provisions of this chapter where the process of attachment is authorized for the enforcement of any lien declared hereby, except in cases of agisters or trainer liens and the lien declared to the owners of the stallions, jacks, bulls, etc., and, unless otherwise particularly provided for, must be commenced within six months after the demand becomes due; and unless commenced within that time, the lien is lost. All cases of attachment arising under the provisions of this chapter shall stand for trial at the time and shall be tried in the manner and upon the notice required in other attachment cases. (Code 1940, T. 33, §6.)...
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43-8-52
Section 43-8-52 Controversy as to advancements - Proceedings and answer upon death of distributee. In case of the death of any distributee or heir alleged to have received advancements, his legal representatives or heirs at law shall be required to report or answer in the same manner as set forth in section 43-8-51; and if they are residents of this state, notice must be given by citation, and if nonresidents, by publication, as provided for in cases embraced in section 43-8-51. If any of the heirs at law of such deceased distributee or heir are minors or persons of unsound mind, the probate court must appoint a suitable guardian ad litem for them, who shall deny the allegation contained in such application, and demand proof thereof. (Code 1867, §1906; Code 1876, §2270; Code 1886, §1933; Code 1896, §1471; Code 1907, §3775; Code 1923, §7386; Code 1940, T. 16, §22; Code 1975, §43-3-37.)...
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12-21-263
Section 12-21-263 Taking testimony of convict in penitentiary on interrogatories by defendant. The defendant in any criminal prosecution may take the testimony of any convict in the penitentiary on interrogatories and notice as in other cases of taking testimony by interrogatories, the convict's answer being taken on oath and returned with the commission as in other cases, but the notice in such case, with a copy of the interrogatories, must be served on the district attorney of the circuit in which the prosecution is pending. (Code 1852, §368; Code 1867, §3916; Code 1876, §4614; Code 1886, §4469; Code 1896, §5293; Code 1907, §7890; Code 1923, §5628; Code 1940, T. 15, §301.)...
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15-15-44
Section 15-15-44 When plea on ground grand jurors improperly drawn to be filed; procedure when plea sustained. A plea to an indictment, on the ground that the grand jurors by whom it was found were not drawn in the presence of the officers designated by law must, if the accused has been arrested, be filed at the session at which the indictment is found, and, if the accused has not been arrested, it must be filed at the first session at which it is practicable after the defendant's arrest; and, in all cases before a plea to the merits, if sustained, the defendant must not be discharged but must be held in custody or bailed, as the case may be, to answer another indictment at the same or the next session of the court, and the time elapsing between the first and second indictments, in such case, must not be computed as a part of the period limited by law for the prosecution of the offense. (Code 1852, §636; Code 1867, §4188; Code 1876, §4890; Code 1886, §4446; Code 1896, §5270; Code...
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15-16-24
Section 15-16-24 Special verdict of not guilty due to insanity; general verdict of not guilty or verdict of conviction. If it shall appear from the evidence that a defendant did the act charged as constituting the offense, but at the time of committing the act he was insane, the jury shall render a special verdict to the effect that the defendant is not guilty by reason of insanity, but if the jury does not believe from the evidence that the defendant committed the act or if it believes from the evidence that he is not guilty upon any ground other than his alleged insanity, it must return a general verdict of not guilty; otherwise, it must return a verdict of conviction. (Code 1896, §4940; Code 1907, §7177; Code 1923, §4574; Code 1940, T. 15, §424.)...
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6-6-455
Section 6-6-455 Proceedings when garnishee liable for delivery of personal property. If the garnishee is liable for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property, the value of the property must be ascertained and a judgment entered against the garnishee that if he does not, by a day to be fixed by the court which must be a day after the maturity of such contract, deliver such property to the sheriff or other lawful officer, he must pay the value thereof or the sum of money which was payable therein. Upon the return of the sheriff or such other officer that such property was not delivered or the value thereof or such sum of money was not paid to him as required by the judgment, execution must be issued for the ascertained value of such property or for the sum of money payable therein, if the same is less than the amount of the judgment against the defendant in the original action, or, if more or equal thereto,...
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