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12-13-15
Section 12-13-15 Chief clerk of probate court - Acts which may be performed by chief clerk
during vacancy in office of probate judge; authority, compensation and liability of chief
clerk for acts performed during such vacancy. Whenever a vacancy shall occur in the office
of the probate judge, the chief clerk in that office, appointed and qualified as authorized
by law, shall, during such vacancy and until the qualification of a lawful successor, perform
all the duties of that office which he is authorized by law to perform when there is no vacancy,
but must not receive money on decrees or executions or become the custodian of trust funds
pertaining to the court. He may make all necessary orders for the continuances of cases and
proceedings pending in the court. All such duties are to be performed, during such vacancy,
by such chief clerk in his own name as clerk of the probate court, and he is entitled to the
lawful fees therefor. For his official acts under this article, such chief...
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12-21-283
Section 12-21-283 Procedure for securing attendance of witness in another state at criminal
proceedings, etc., within state; fees and allowances; effect of failure of summoned witness
to attend and testify. (a) If a person in any state which, by its laws, has made provision
for commanding persons within its borders to attend and testify in criminal proceedings or
grand jury investigations commenced or about to be commenced in this state is a material witness
in a criminal proceeding pending in a court of record in this state or in a grand jury investigation
which has commenced or is about to commence, a judge of such court may issue a certificate
under the seal of the court stating these facts and specifying the number of days the witness
will be required. Said certificate may include a recommendation that the witness be taken
into immediate custody and delivered to an officer of this state to assure his attendance
in this state. This certificate shall be presented to a judge of a...
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45-15-80
Section 45-15-80 Collection and disposition of additional costs. (a) In Cleburne County, in
addition to all other fees there shall be taxed as costs the sum of three dollars ($3) in
each civil or quasi-civil action at law, suit in equity, criminal case, quasi-criminal case,
proceedings on a forfeited bail bond or proceedings on a forfeited bond given in connection
with an appeal from a judgment or conviction in any inferior or municipal court of the county,
in the Circuit Court of Cleburne County, or the District Court of Cleburne County, hereinafter
filed in or arising in the Circuit Court of Cleburne County, or the District Court of Cleburne
County, or brought by appeal, certiorari, or otherwise to the Circuit Court of Cleburne County,
or the District Court of Cleburne County, which costs shall be collected as other costs in
such cases are collected by the clerk, or ex officio clerk, of the courts or the register
of the Circuit Court of Cleburne County, as the case may be. (b) Such...
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45-32-80.20
Section 45-32-80.20 Collection and disposition of funds. (a) All solicitor's and district attorney's
fees hereafter taxed as cost and collected in all criminal cases in all courts in the Seventeenth
Judicial Circuit shall be paid by the clerk of the court collecting such fees into a fund
to be designated as the Solicitor's and District Attorney's Fund, and shall be kept, used,
and expended in the manner hereinafter provided. Such payments shall be made to such fund
by the clerk of the court by the 10th day of each month following the collection. (b)(1) The
District Attorney and any Circuit Judge of the Seventeenth Judicial Circuit may requisition
expenditures from the Solicitor's and District Attorney's Fund for the payment of the following
items: a. Office supplies, equipment, furniture, postage and telephone expenses, and clerical
or bailiff expenses. b. Necessary expenses relative to obtaining evidence in any criminal
or civil case, whether pending or under investigation. c. Film,...
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45-37-140.12
Section 45-37-140.12 Service charge ordinances; election. (a) Subject to the conditions stated
below in this section, the board of trustees shall be authorized to adopt service charge ordinances
levying service charges provided for in Section 45-37-140.11. No service charge ordinance
shall take effect and be enforced until the substance of the ordinance has been published
in some newspaper of general circulation in the district and at least eight days have elapsed
after such newspaper publication and at least eight days have also elapsed after such ordinance
in full was posted in each fire station in the district, or at some other public place in
the district if there is no such fire station. It is further provided that no such ordinance
shall become effective unless it is approved at an election held in response to the petition
hereinbelow provided for, or unless the time prescribed for filing such petition expires without
the petition being filed. (b) Upon the petition, prescribed in...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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30-3-60
Section 30-3-60 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CLERK OF THE COURT. Any circuit court clerk, district court clerk or juvenile
court clerk, or their employees, with responsibility for docketing or otherwise carrying out
the court's clerical duties in regard to domestic relations matters, support and nonsupport
cases, including the receipt and disbursement of support payments. (2) COURT. Any juvenile
or family court division of the circuit or district court in the county where the mother of
the child resides or is found, in the county where the father resides or is found, or in the
county where the child resides or is found and, in the case of a petition seeking a divorce
or legal separation, a petition seeking a modification of support previously ordered under
a divorce decree or a petition seeking a contempt citation for failure to pay support previously
ordered under a divorce decree, the circuit court or the domestic...
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45-10-81
Section 45-10-81 Public law library; Law Library Fund. (a) The governing body of Cherokee County,
Alabama, may establish and maintain a public law library in the county, and, to accomplish
that purpose, may, from time to time, expend public funds of the county as are not required
by law to be expended for any other purpose or purposes: To provide suitable accommodations
and facilities therefor, to keep the same in a good state of maintenance and repair; and from
time to time, to provide such supplies, books, reports, and periodicals for the library, as
may be needed therefor, out of the proceeds of the special fund created by this section, or
for such other purposes as provided for in Section 11-25-13. (b) In order to provide a special
fund for the creation and maintenance of the library there shall be taxed as costs the sum
of five dollars and fifty cents ($5.50) in each civil or quasi-civil action at law, suit in
equity, criminal case, quasi-criminal case, proceedings on a forfeited...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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