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11-88-74
Section 11-88-74 Appeal from judgment of circuit court to Supreme Court - By property owner
- Authorization and procedure generally. An appeal may be taken to the Supreme Court of Alabama
by any person interested in the said property from the judgment entered by the said court
within 42 days upon giving bond for costs of appeal or, if a stay of execution is desired,
upon giving further bond in such sum as the judge of the said court may prescribe, payable
to the authority, with sufficient sureties, to be approved by the judge of the said court,
conditioned to pay such judgment or perform such judgment as the Supreme Court may render
in the premises and all such costs and damages as the authority may have sustained if the
judgment is affirmed. (Acts 1973, No. 826, p. 1293, §35.)...
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12-22-171
Section 12-22-171 Stay of sentence when question of law reserved and admission to bail - Misdemeanors.
When such question is reserved, in case of a misdemeanor, and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered on the conviction, but the execution thereof must be stayed pending the appeal.
In such case, the defendant may give bail, with sufficient sureties, conditioned that he will
appear and abide the judgment; failing to give such bail, he must be committed to jail, but
may give such bail at any time pending the appeal. (Code 1852, §754; Code 1867, §4305; Code
1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243;
Code 1940, T. 15, §374.)...
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37-1-133
Section 37-1-133 Appeal by commission or State. If the Public Service Commission or the State
of Alabama shall appeal from a judgment annulling or suspending any rates or orders, it shall
not be required to give any security for the costs of said appeal or any bond or undertaking
to supersede the judgment. The appeal of the Public Service Commission or the State of Alabama
without such bond shall have the effect of superseding the judgment and the rate or rates,
or order or orders, complained of or annulled or suspended by the judgment, shall be and remain
the established rates or orders and shall be so regarded and observed until the judgment shall
be affirmed and the said rates or orders annulled or suspended by the supreme court unless
a supersedeas bond is continued in effect. (Code 1907, §5688; Code 1923, §9680; Code 1940,
T. 48, §91.)...
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12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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12-22-172
Section 12-22-172 Stays of execution on confessed judgments in misdemeanors. In the case of
a misdemeanor, the defendant may confess judgment, with sufficient sureties, for a fine and
costs as if no appeal were taken, but execution thereon must be stayed pending the appeal,
pursuant to the Alabama Rules of Appellate Procedure. If the judgment of conviction is reversed,
the confessed judgment is thereby vacated, but if the judgment of conviction is affirmed or
the appeal is dismissed, execution on such confessed judgment may issue at once. (Code 1896,
§4320; Code 1907, §6251; Code 1923, §3244; Code 1940, T. 15, §375.)...
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12-22-40
Section 12-22-40 Recording of order fixing supersedeas bond; failure to make or record same.
The order of the judge, register or clerk fixing the amount of a supersedeas bond, pursuant
to the Alabama Rules of Appellate Procedure, must be filed and entered by the clerk or register
on the minutes of the court, but the failure to make such order or, if made, to file or record
the same shall not impair the validity or obligation of any bond which is given as a security
by which an appeal and a stay of execution are in fact obtained. (Code 1852, §3020; Code
1867, §3490; Code 1876, §3928; Code 1886, §3626; Code 1896, §443; Code 1907, §2876; Code
1923, §6135; Code 1940, T. 7, §796.)...
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12-22-5
Section 12-22-5 Final judgment in ad quod damnum proceedings under condemnation order. When
an appeal is taken to the appropriate appellate court by either party pursuant to Rule 4,
Alabama Rules of Appellate Procedure, from a final judgment in the circuit court in ad quod
damnum proceedings under Section 18-1-20, the judgment of the circuit court shall not be stayed
if the compensation assessed is paid to the owner and the costs of the case are paid into
court, or if such compensation together with the costs of the case are paid into court and
the applicant has given bond in double the amount of the damages assessed, conditioned to
pay to the landowner such judgment as may be finally entered in his favor. (Code 1907, §2842;
Acts 1911, No. 442, p. 625; Code 1923, §6084; Code 1940, T. 7, §760.)...
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14-9-41
Section 14-9-41 Computation of incentive time deductions. (a) Each prisoner who shall hereafter
be convicted of any offense against the laws of the State of Alabama and is confined, in execution
of the judgment or sentence upon any conviction, in the penitentiary or at hard labor for
the county or in any municipal jail for a definite or indeterminate term, other than for life,
whose record of conduct shows that he or she has faithfully observed the rules for a period
of time to be specified by this article may be entitled to earn a deduction from the term
of his or her sentence as follows: (1) Seventy-five days for each 30 days actually served
while the prisoner is classified as a Class I prisoner. (2) Forty days for each 30 days actually
served while the prisoner is a Class II prisoner. (3) Twenty days for each 30 days actually
served while the prisoner is a Class III prisoner. (4) No good time shall accrue during the
period the prisoner is classified as a Class IV prisoner. (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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12-22-173
Section 12-22-173 Waiver of stayed sentence; duty of clerk; effect on appeal. In all cases
where there is judgment staying sentence, at any time before the record on appeal has been
forwarded to the clerk of the appellate court, the defendant, in person or by his attorney,
may waive the benefit of the stayed sentence by filing in the office of the clerk of the court
in which the case was tried a statement in writing to that effect, signed by himself or his
attorney of record. The clerk must then enter the fact and date of such waiver of stay of
sentence upon the margin of the record of the judgment and shall report said convict to the
board of corrections as in cases where there is no judgment or stay of sentence, but such
waiver of the stay shall not affect the appeal. (Code 1923, §3242; Code 1940, T. 15, §373.)...
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