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15-22-51
Section 15-22-51 Investigation by probation officer. (a) When directed by the court,
a probation officer shall fully investigate and report to the court in writing the circumstances
of the offense, criminal record, social history and present condition of a defendant through
use of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant,
unless the court shall otherwise direct, shall be placed on probation or released under suspension
of sentence until the report of such investigation shall have been presented to and considered
by the court; provided, however, that after conviction the court may continue the case for
such time as may be reasonably necessary to enable the probation officer to make his investigation
and report. (b) Whenever practicable, such investigation shall include physical and mental
examinations of the defendant; and, if such defendant is committed to an institution, a copy
of the report of such investigation shall be sent to the...
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27-27-54
Section 27-27-54 Insider trading of domestic stock insurer equity securities - Recovery
of certain profits by company. For the purpose of preventing the unfair use of information
which may have been obtained by such beneficial owner, director, or officer by reason of his
relationship to such company, any profit realized by him from any purchase and sale or any
sale and purchase, of any equity security of such company within any period of less than six
months, unless such security was acquired in good faith in connection with a debt previously
contracted, shall inure to, and be recoverable by, the company, irrespective of any intention
on the part of such beneficial owner, director, or officer in entering into such transaction
of holding the security purchased or of not repurchasing the security sold for a period exceeding
six months. An action to recover such profit may be instituted in any court of competent jurisdiction
by the company or by the owner of any security of the company in...
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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant.
When it is necessary to make any persons defendant to a petition in the probate court filed
for the partition of property or for a sale thereof because it cannot be equitably divided,
and the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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40-29-26
Section 40-29-26 Sale of seized property. (a) Notice of seizure. As soon as practicable
after seizure of property, notice in writing shall be given by the Commissioner of Revenue
or his delegate to the owner of the property (or, in the case of personal property, the possessor
thereof), or shall be left at his usual place of abode or business. If the owner cannot be
readily located, or has no dwelling or place of business within the state, the notice may
be mailed to his last known address. Such notice shall specify the sum demanded and shall
contain, in the case of real property, a description with reasonable certainty of the property
seized. (b) Notice of sale. The commissioner or his delegate shall as soon as practicable
after the seizure of the property give notice to the owner, in the manner prescribed in subsection
(a), and shall cause a notification to be published in some newspaper published or generally
circulated within the county wherein such seizure is made, or if there be...
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12-19-181
Section 12-19-181 Schedule and distribution of additional fees. (a) In addition to any
other docket fees provided by law, including, but not limited to, the docket fees provided
in Sections 12-19-171 and 12-19-176, the following fees shall be automatically assessed in
cases in municipal, juvenile, district, and circuit courts upon conviction or adjudication
of the defendant of any of the following offenses: (1) Unlawful possession of marihuana in
the second degree in violation of Section 13A-12-214 ...$40. (2) Possession of drug
paraphernalia, misdemeanor conviction or adjudication, in violation of subsection (c) of Section
13A-12-260 ...$40. (3) Delivery, sale, manufacture, etc. of drug paraphernalia in violation
of subsection (d) of Section 13A-12-260: a. Misdemeanor ...$40. b. Felony ...$60. (4)
Felony unlawful possession of a controlled substance in violation of Sections 13A-12-212 and
13A-12-213 ...$60. (5) Obtaining a...
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15-13-138
Section 15-13-138 Conditions for which it shall be mandatory for the court to set aside
forfeiture. The court shall set aside the conditional forfeiture in its entirety for the following
reasons or under the following circumstances: (1) If the sureties can show that the defendant
was hospitalized at the time he or she was to appear in court, or if the sureties can produce
sufficient evidence that the defendant was not able to attend court for reason of illness,
by producing a doctor's certificate or letter to that effect. The hospitalization may be in
or out of the State of Alabama. For the sureties to take advantage of this provision, they
shall put the court on notice that the situation exists either prior to the issuance of the
conditional forfeiture order or within 28 days after legal service of the conditional forfeiture
on the sureties. After receiving notice, the court may continue the case to a future date
it deems proper and just for the defendant to appear. If at that time...
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18-1A-3
Section 18-1A-3 Definitions. As used in this chapter, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
ACTION. Condemnation action. (2) APPRAISAL. An opinion as to the value of or compensation
payable for property, prepared by the owner or under the direction of an individual qualified
by knowledge, skill, experience, training, or education to express an opinion as to the value
of property. (3) BUSINESS. A lawful activity, whether or not for profit, other than a farm
operation, conducted primarily for the purchase, sale, lease, rental, manufacture, processing,
or marketing of products, commodities, or other property, or for providing services. (4) CONDEMN.
To take property under the power of eminent domain. (5) CONDEMNATION ACTION. Includes all
acts incident to the process of condemning property after commencement of suit until the entry
of final judgment. (6) CONDEMNEE. A person who has or claims an interest in...
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24-8-14
Section 24-8-14 Civil action; sale, encumbrance, etc. consummated before issuance of
order; relief and award. (a) A civil action must be commenced within one year after the alleged
discriminatory housing practice has occurred. However, the court shall continue a civil case
brought pursuant to this section, from time to time, before bringing it to trial if
the court believes that the conciliation efforts of the office or local agency are likely
to result in satisfactory settlement of the discriminatory housing practice complained of
in the complaint made to the office or to the local agency and which practice forms the basis
for the action in court. Any sale, encumbrance, or rental consummated before the issuance
of any court order issued under the authority of this chapter and involving a bona fide purchaser,
encumbrances, or tenant without actual notice of the existence of the filing of a complaint
or civil action under the provisions of this chapter are not affected. A civil action...
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9-8-28
Section 9-8-28 Land-use regulations - Enforcement. Where the supervisors of any district
shall find that any of the provisions of land-use regulations prescribed in an ordinance adopted
in accordance with the provisions of Section 9-8-26 are not being observed on particular
lands and that such nonobservance tends to increase erosion on such lands and is interfering
with the prevention or control of erosion on other lands within the district, the supervisors
may present to the circuit court of the county in which the land of the defendant may lie,
a complaint, duly verified, setting forth the adoption of the ordinance prescribing land-use
regulations, the failure of the defendant landowner to observe such regulations and to perform
particular work, operations or avoidances as required thereby and that such nonobservance
tends to increase erosion on such lands and is interfering with the prevention or control
of erosion on other lands within the district and requesting the court to...
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13A-5-47
Section 13A-5-47 Determination of sentence by court; presentation of arguments on aggravating
and mitigating circumstances; court to enter written findings. (a) After the sentence hearing
has been conducted, and after the jury has returned a verdict, or after such a verdict has
been waived as provided in Section 13A-5-46(a) or Section 13A-5-46(g), the trial
court shall impose sentence. Where the jury has returned a verdict of death, the court shall
sentence the defendant to death. Where a sentence of death is not returned by the jury, the
court shall sentence the defendant to life imprisonment without parole. This code section
shall not affect a trial court's power to sentence in accordance with a guilty plea. (b) Where
the sentencing jury is waived pursuant to Section 13A-5-44 and before imposing sentence
the trial court shall permit the parties to present arguments concerning the existence of
aggravating and mitigating circumstances and the proper sentence to be imposed in the case....
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