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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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26-2A-35
Section 26-2A-35 Jury trial. (a) Except for proceedings in a court having general equity jurisdiction,
a party is entitled to a trial by a jury of six disinterested persons in any proceeding to
determine the incapacity of the individual and in other proceedings as to which a party has
a constitutional right or a right under this chapter to a trial by jury. In any proceeding
in a court having general equity jurisdiction, the right to trial by jury shall be determined
under Alabama Rules of Civil Procedure, Rule 38. (b) If there is no right to trial by jury
under subsection (a) or the right is waived, the court in its discretion may call a jury to
decide any issue of fact, in which case the verdict is advisory only. (Acts 1987, No. 87-590,
p. 975, §1-306.)...
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18-1A-151
Section 18-1A-151 Demand for trial by jury; waiver; procedure for jury selection, etc. (a)
In the circuit court the amount of compensation and any additional issue for which the right
to trial by jury is secured by the Constitution shall be determined by a jury only if a party
entitled to participate in the trial of the issue expressly demands trial by jury. The circuit
court shall determine all other issues without a jury. (b) The number of jurors, method used
for impanelling and selecting jurors, number and method for exercising challenges, form of
oath to be administered, number of jurors required to return a verdict, and all other procedures
relating to trial by jury, to the extent practicable, shall conform to the requirements applicable
in civil actions under the Alabama Rules of Civil Procedure. (Acts 1985, No. 85-548, p. 802,
§902.)...
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12-16-233
Section 12-16-233 Discharge of jury and entry of mistrial. The court or presiding judge in
all cases of jury trial may discharge the jury without giving a verdict, with the consent
of all parties to the trial or without the consent of the parties, when, in the opinion of
the court or judge, there is a manifest necessity for the discharge or when the ends of justice
would otherwise be defeated. In all cases in which the jury is discharged without a verdict,
a mistrial shall be entered upon the minutes of the court, assigning the reason or cause for
the mistrial, and no person shall gain any advantage by reason of such discharge of the jury.
(Code 1907, §7314; Code 1923, §8696; Code 1940, T. 30, §100.)...
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6-6-543
Section 6-6-543 Trial by jury or determination by court; entry and effect of judgment. Upon
the application of either party in a proceeding under Section 6-6-540, a trial by jury shall
be directed to determine the issues or any specified issue of fact presented by the pleadings,
and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof;
and when a trial by jury is not requested, or as to the facts for which the same is not requested,
the court shall consider and determine any title, claim, interest, or encumbrance. The court
shall, upon the finding of the jury or upon such consideration and determination, finally
adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such
lands, or any part thereof, what such right, title, interest, or encumbrance is and in or
upon what part of the lands the same exists; and such judgment is binding and conclusive upon
all the parties to the action. (Code 1896, §812; Code 1907,...
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13A-5-56
Section 13A-5-56 Supreme Court to promulgate indictment forms, verdict forms and jury instructions.
The Alabama Supreme Court shall promulgate pattern indictment forms for use in cases in which
indictments charging offenses defined in Section 13A-5-40(a) are thereafter returned. The
Alabama Supreme Court shall also promulgate pattern verdict forms and pattern jury instructions
for the trial and sentencing aspects of cases tried thereafter under this article, insofar
as such verdicts and instructions relate to the particularities of cases tried under this
article. (Acts 1981, No. 81-178, §18.)...
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11-48-41
Section 11-48-41 Appeals to circuit court from assessments - Conduct generally; right of jury
trial; entry of judgment and assessment of costs generally. The civil action may be tried
on the record without other pleadings, and the court shall hear all objections of the property
owners to said assessment and the amount thereof and shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall enter judgment accordingly. Such civil action shall be tried by
the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in
which event the action shall be tried by a jury as in other civil actions. In the event the
court or jury shall not sustain the assessment for the full amount, the costs of the appeal
and trial in the circuit court shall be adjudged against the municipality. (Code 1907, §1394;
Code 1923, §2209; Acts 1927, No. 639, p. 753; Code 1940, T. 37,...
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12-11A-4
Section 12-11A-4 Trial without jury; powers of private judge; immunity; procedures. (a) A trial
conducted by a private judge shall be conducted without a jury. (b) A person who serves as
a private judge has, for each case the private judge hears, the same powers as the judge of
a circuit court in relation to the following: (1) Court procedure. (2) Deciding the outcome
of the case. (3) Attendance of witnesses. (4) Punishment of contempt. (5) Enforcement of orders.
(6) Administering oaths. (7) Giving all necessary certificates for the authentication of the
records and proceedings. (c) A person appointed as a private judge pursuant to the terms of
this chapter shall have immunity in the same manner and to the same extent as a judge in the
State of Alabama. (d) All proceedings in an action heard by a private judge are of record
and must be: (1) Filed with the clerk of the circuit court in the county of proper venue under
the Alabama Rules of Civil Procedure. (2) Made available to the...
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