Code of Alabama

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6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
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6-6-431
Section 6-6-431 Bond in double amount; dissolution of garnishment and discharge of all garnishees;
judgment against obligors. (a) The defendant may, instead of the bond mentioned in Section
6-6-430, give bond in double the amount of the plaintiff's demand, payable to the plaintiff,
with sufficient surety, to be approved by the judge or clerk and conditioned to pay such judgment
as may be entered or ascertained to exist in favor of the plaintiff and against the defendant
in the case and costs of the action. Thereupon, the garnishment is dissolved and the garnishee
discharged and need not answer; and, upon the trial of the case, if judgment is entered or
ascertained to exist in favor of the plaintiff against the defendant, the court must also
enter judgment against the obligors in the bond for the amount of such judgment, interest
thereon and costs of the action. (b) The giving of the bond authorized in this section operates
to discharge all garnishees in the case, whether one or more....
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6-6-682
Section 6-6-682 Judgment in favor of clerk of appellate court; copy of execution and certification
of clerk as evidence. (a) Judgment must, in like manner, be entered in favor of the clerk
of an appellate court against the sheriff or coroner, on three days' notice: (1) For failure
to return an execution from that court; (2) For making a false return thereon; (3) For failing
to make the money thereon when by due diligence it could have been made; or (4) For failing
on demand to pay over money collected on execution, for the penalties prescribed in this division
for the same defaults on executions issued from the circuit court. (b) On the trial of the
motion by such clerk, a copy of the execution made and certified by him with the return thereon,
if any was made, or a statement that no return was made, if such be the fact, together with
his certificate that the execution was received by the sheriff or sent to him by mail is evidence
of the facts so certified, without producing a...
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6-6-81
Section 6-6-81 Notice of levy - Nonresident defendant. When an attachment is sued out against
a nonresident of the state, the writ shall be returned to the clerk of the court as soon as
levied upon the property of the defendant, and thereupon the clerk shall cause a notice of
the attachment and levy on the defendant's property to be advertised once a week for three
successive weeks in some newspaper of general circulation in the county in which the property
is found, a copy of which must be sent by mail to the defendant if his residence is known
or can be ascertained; and, when such publication is perfected, the case shall stand for trial
at any time after the expiration of 30 days thereafter. (Code 1852, §2510; Code 1867, §2934;
Code 1876, §3259; Code 1886, §2936; Code 1896, §531; Code 1907, §2931; Code 1923, §6179;
Code 1940, T. 7, §852.)...
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11-53A-3
Section 11-53A-3 Administrative hearing; order for removal of unsafe building or structure;
appeal of order for removal. (a) Within the time specified in the notice, but not more than
60 days from the date notice is given, any person, firm, or corporation having an interest
in the building or structure may file a written request for a hearing before the city governing
body, together with any objection to the finding by the board that the building or structure
is unsafe to the extent of creating a public nuisance. The filing of the request shall delay
any action on the finding of the board until a determination is made. A hearing shall be held
not less than 10 nor more than 60 days after the request. At the hearing, or in the event
no hearing is timely requested, after the expiration of 60 days from the date the notice is
given, the governing body shall determine whether or not the building or structure is unsafe
to the extent that it creates a public nuisance. Notice of the meeting of...
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12-19-134
Section 12-19-134 Taxation and collection of amount proved; limitation on number of witnesses
to prove any one matter. (a) Upon the final disposition of any civil case, the amount proved
by the witnesses, as provided in this article, must be taxed in the bill of costs against
the rightful party, setting forth the name of each witness and the amount allowed him, which
must be collected by the sheriff for the use of such witnesses and be paid to the clerk issuing
the execution, unless the certificate of such clerk, with the receipt of the witnesses thereon,
is produced to the sheriff. (b) Not more than two witnesses shall be taxed in any bill of
costs who were called to prove any one matter of fact or, having been subpoenaed, were not
examined unless the court, upon a motion to retax the costs, should, in its discretion, consider
that the circumstances of the case warranted the examining or summoning of more than two witnesses
for the proof of a particular fact or unless such witnesses...
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13A-12-193
Section 13A-12-193 Proof of age of person contained in visual depiction; inferences as to age.
(a) In proving that a person in a visual depiction who is engaged in any obscene act set out
in Sections 13A-12-191, 13A-12-192, 13A-12-196 and 13A-12-197 is under the age of 17 years,
the state is not required to introduce into evidence a birth certificate, produce testimony
as to the date of birth of such person, or produce testimony of any person who knows or is
acquainted with the person alleged to be under the age of 17 years. If the defendant or the
state intends to rely on a birth certificate to prove the date of birth of any person in the
visually reproduced matter, such defendant or the state shall file with the clerk of the court
in which the action is pending, at least 15 days prior to trial, a notice of an intention
to rely on an official, certified copy of a birth certificate together with a copy of the
birth certificate. (b) A jury, or the court if a jury trial is waived, may...
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8-15-6
Section 8-15-6 Permit - Notification of grant or denial; appeals. (a) The Commissioner of Agriculture
and Industries shall promptly notify any person applying for a permit to operate a public
warehouse whether or not such application has been granted. (b) In the event the Commissioner
of Agriculture and Industries refuses to grant such permit, the applicant may give written
notice, by filing the same with the chief clerk of the Department of Agriculture and Industries,
that he appeals from the decision of the commissioner to the State Board of Agriculture and
Industries. Such appeal must be heard at the next meeting of the board, at which time the
board shall investigate the facts and hear from both the commissioner or his duly authorized
agent and the applicant and, after due consideration, enter a written finding determining
whether or not such permit should be issued, spreading the same upon the minutes of the board.
(c) From the findings of the State Board of Agriculture and...
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12-16-199
Section 12-16-199 Administration of oath to witnesses; preparation by foreman and disposition
of book and list of witnesses summoned before and attending grand jury; issuance of certificates
to witnesses by foreman. Witnesses before the grand jury may be sworn by the district attorney
or foreman. A list of all witnesses summoned and in attendance before such jury during each
session shall be kept by the foreman, and he shall give to each of such witnesses a certificate,
stating the number of the case in which such witness attended, the number of days of his actual
attendance, the number of miles traveled by him and the amount due him, and each of such items
the foreman shall enter in a book kept for that purpose, and such book and list, certified
by the foreman to be correct, must be by him returned into the court and by the clerk filed
and kept as a part of the records of such court. (Code 1852, §550; Code 1867, §4100; Code
1876, §4773; Code 1886, §4349; Code 1896, §5035; Code...
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45-44A-40.02
Section 45-44A-40.02 Hearing; appeal. (a) Within the time specified in the notice, but not
more than 30 days from the date the notice is given, any person, firm, association, or corporation
having an interest in the building or structure, accumulation and storage of junk, inoperable
motor vehicles or parts of inoperable motor vehicles, abandoned dwellings and mobile homes,
or litter around property and vacant lots, including, but not limited to, abandoned cars and
appliances may file a written request for a hearing before the city governing body, together
with his or her objections to the finding by the appropriate city official that due to safety
there maybe a public nuisance. The filing of the request shall hold in abeyance any action
on the finding of the city official until determination thereon is made by the governing body.
Upon holding the hearing, which hearing shall be held not less than 10 nor more than 30 days
after the request, or in the event no hearing is timely...
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