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35-4-137
Section 35-4-137 Release of land from lien upon execution of bond. When any lis pendens in
an action or proceeding to enforce a lien has been filed and recorded in the office of the
judge of probate, as prescribed in Sections 35-4-131 and 35-4-132, the person owning or claiming
the land described in the lis pendens may at any time, before a judgment is entered enforcing
the lien, nullify the notice given by such lis pendens by executing a bond with sufficient
surety in double the amount of the fair market value of the land described in the lis pendens
and as to which the lis pendens is to be nullified, the amount of the bond and the surety
or sureties thereon to be approved by the judge of probate. The bond shall be payable to the
judge of probate and conditioned to pay any sum of money found to be a lien against such land,
up to the fair market value of the said land, said payment to be made by 12:00 noon of the
day and at the place appointed for the sale thereof. When said bond has...
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35-6A-10
Section 35-6A-10 Methods of sale. (a) If the court orders a sale of heirs property, the court
shall order that the sale be conducted by one or more of the following methods of sale: Open
market sale with or without a broker or brokers; by sealed bids; public auction; or private
sale. The court shall choose a method which shall be more economically advantageous and in
the best interest of the cotenants as a group. (b) If the court orders an open market sale
with or without a broker and the parties, not later than 10 days after the entry of the order,
agree on a real estate broker or brokers licensed in this state to offer the property for
sale, the court shall appoint the broker or brokers and establish terms of the listing agreement.
If the parties do not agree on a broker or brokers, the court shall appoint a disinterested
real estate broker licensed in this state to offer the property for sale and shall establish
reasonable terms. The broker or brokers shall offer the property for...
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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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41-21-1
Section 41-21-1 Distribution of sets of state code to agencies, departments, etc., by Secretary
of State. (a) It shall be the duty of the Secretary of State, on publication and delivery
to the state, to transmit sets of the Code of Alabama 1975, and supplements or replacement
volumes thereof, subject to subsection (b), to all of the following agencies, departments,
institutions, bureaus, boards, commissions, and offices: (1) One set to the law library of
Congress. (2) One set to the custodian of the law library of the court of last resort of every
state and territory for exchange upon the approval of the state law librarian of the request
therefor. (3) One set to the library of the University of Alabama and one set to the Land
Commissioner of the University of Alabama. (4) One set to each member of the Legislature,
the Lieutenant Governor, the Clerk of the House of Representatives, and the Secretary of the
Senate. (5) One set to the library of each junior college, trade school,...
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42-2-3
Section 42-2-3 Order appointing day of hearing; publication and service of notice of hearing.
On the filing of the application, the court must make and enter an order appointing the day
for the hearing thereof. If the owner of the land resides within the state, the court must
issue notice to him of the application and of the day of the hearing thereof, which must be
served by the sheriff or other legal officer at least 10 days before the day appointed for
the hearing. If the owner is unknown or if he resides without the state or has been absent
from the state or beyond the jurisdiction of the court in which the application is made for
six months next before the time of the filing of the application in said court, notice may
be given by advertisement in any newspaper published in the county or, if there be no newspaper
published in the county, by posting notice at the courthouse and three other public places
for at least three weeks before the day appointed for the hearing. If the owner...
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45-11-80.01
Section 45-11-80.01 Additional court costs; Public Safety Technology Fund. (a) In all criminal,
quasi-criminal, and traffic cases in district, circuit, and municipal courts in Chilton County,
there shall be taxed as costs an additional ten dollars ($10) in each case. The additional
court costs shall be collected in all cases where the defendant is adjudged guilty, a bond
forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest.
The court cost assessed and collected herein shall be in addition to and not in lieu of any
other fees or costs. The court costs shall not be waived or remitted unless the defendant
proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable
of paying the fee within the reasonable foreseeable future. (b) The court costs assessed by
this section shall be distributed monthly to the Public Safety Technology Fund, which shall
be created in the county treasury. The fund shall be administered by...
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15-13-130
Section 15-13-130 Cash bail - Undertaking of bail: Basis of and when forfeited. The basis of
all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment,
writ of error, or in any other case, is to ensure the appearance of the defendant in court,
and the undertaking is forfeited by the failure of the defendant to appear. If, by reason
of the neglect of the defendant to appear, money is deposited as cash bail and is forfeited
and the forfeiture is not discharged or remitted, the clerk with whom it is deposited shall,
at the end of 30 days, unless the court has before that time discharged the forfeiture, pay
over the money deposited to the officer, official, or employee authorized by law to receive
fines levied by the court. The court shall then, without any notice to defendant, render judgment
absolute for the entire sum deposited and the money shall then become public money of the
State General Fund or in bail forfeiture cases pending in the municipal courts...
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22-15A-8
Section 22-15A-8 Enforcement of chapter; reporting violations. (a) The department, in cooperation
with other agencies, shall enforce this chapter and to implement enforcement shall adopt,
in consultation with the State Fire Marshal, rules specifying procedures to be followed by
enforcement personnel in investigating complaints and notifying alleged violators and rules
specifying procedures by which appeals may be taken by aggrieved parties. (b) Public agencies
responsible for the management and maintenance of government buildings shall report observed
violations to the department. The State Fire Marshal shall report to the department observed
violations of Section 22-15A-5 or Section 22-15A-6 found during its periodic inspections conducted
pursuant to its regulatory authority. The department or division, upon notification of observed
violations of Section 22-15A-5 or Section 22-15A-6, shall issue to the proprietor or other
person in charge of the public place a notice to comply with...
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35-4-131
Section 35-4-131 Notice of actions, etc. (a) When any civil action or proceeding shall be brought
in any court to enforce any lien upon, right to or interest in, or to recover any land, or
where an application has been made to the probate judge of any county for an order of condemnation
of land, or any interest therein, the person, corporation, or governmental body commencing
such action or proceeding or making such application shall file with the judge of probate
of each county where the land or any part thereof is situated a notice containing the names
of all of the parties to the action or proceeding, or the persons named as those having an
interest in the land in the application for an order of condemnation, a description of the
real estate and a brief statement of the nature of the lien, writ, application, or action
sought to be enforced. The judge of probate shall immediately file and record the notice in
the lis pendens record and note on it and in the record the hour and date...
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15-13-80
Section 15-13-80 Failure of defendant to appear; forfeiture of money deposited in lieu of bail.
(a) The essence of all undertakings of bail, whether upon a warrant, writ of arrest, suspension
of judgment, appeal or in any other case, is the appearance of the defendant at court; and
the undertaking is forfeited by the failure of the defendant to appear, although the offense,
judgment or other matter is incorrectly described in such undertaking, the particular case
or matter to which the undertaking is applicable being made to appear to the court. (b) If,
by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited
and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must,
at the end of 30 days, unless the court has before that time discharged the forfeiture, pay
over the money deposited to such officer, official or employee authorized by law to receive
fines levied by such court. Thereupon the court shall, without any...
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