15-6-20
Section 15-6-20 Examination of complainant and witnesses; form of affidavit. (a) Whenever complaint is made to a judge of a circuit, district or municipal court that any person has threatened or is about to commit an offense on the person or property of another, such judge must examine the complainant and any witness he may produce on oath, reduce such examination to writing and cause it to be subscribed by the party so examined. (b) The affidavit may be after the following form: "State of Alabama, ___ County. Before me, ___,a (circuit, district or municipal) judge (setting out his name and office) in and for said county and state, personally appeared A. B., who, being duly sworn, deposes and says that C. D. has threatened to assault and beat him (or is about) to ___ (here set forth the particular offense threatened or about to be committed) on the person or property of affiant (or E. F., a third person, as the case may be.) (Signed) A. B. Sworn to and subscribed...
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15-6-21
Section 15-6-21 Arrest warrant. (a) If on examination by the circuit, district or municipal court judge, it appears that there is reason to fear the commission of any offense by the person complained of, such judge must issue a warrant directed to any lawful officer of the state, containing the substance of the complaint and commanding such officer forthwith to arrest the person complained of and bring him before him or some other judge having jurisdiction of the matter. (b) The warrant may be after the following form: "State of Alabama, ___ County. To any lawful officer of the state: Complaint on oath having been made before me that C. D. had threatened to assault and beat A. B. (or is about) to (here set forth particularly the offense threatened or about to be committed) on the person or property of ______, you are hereby commanded forthwith to arrest said C. D. and bring him before me (or some other judge having jurisdiction of the matter, setting forth his name and office)....
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28-4-255
Section 28-4-255 Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Examination of and taking of depositions from complainant and witnesses; contents of depositions. The judge of the district court, before issuing a warrant, must examine the complainant on oath and any other witnesses he may produce, take their depositions in writing and cause the same to be subscribed by the person or persons making them. The depositions must set forth facts and circumstances tending to establish the ground or grounds of the application or probable cause for believing that a ground exists authorizing a search warrant to issue. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4745; Code 1940, T. 29, §214.)...
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22-1-7
Section 22-1-7 Procedure when county health officer, etc., resisted. If, in the attempt to perform any duty enjoined by any public health law of the State of Alabama or rule or regulation of the State Board of Health, the health or quarantine officer of a county, or his duly authorized representative, shall be forcibly resisted or threatened with forceful resistance, such health officer shall, after conference with the county board of health, if found necessary, make affidavit before any judge of a circuit court, district court, municipal court or the judge of probate of the municipality or county where such resistance occurs or is threatened, whereupon the officer before whom said affidavit has been made shall forthwith issue his warrant directed to the sheriff or to any bonded constable of said county, commanding said sheriff or constable to remove or abate, under the direction of said health officer, said insanitary condition, or source of infection or offensive or indecent material...
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36-15-1
Section 36-15-1 Duties generally. The Attorney General shall keep his or her office at the capital city and perform the following duties: (1)a. He or she shall give his or her opinion in writing, or otherwise, on any question of law connected with the interests of the state or with the duties of any of the departments, when required by the Governor, Secretary of State, Auditor, Treasurer, Superintendent of Education, Commissioner of Agriculture and Industries, Director of Finance, Comptroller, State Health Officer, Public Service Commissioners, Commissioner of Conservation and Natural Resources, or the Commissioner of the Department of Revenue or any other officer or department of the state when it is made, by law, his or her duty so to do, and he or she shall also give his or her opinion to the Chairman of the Judiciary Committee of either house, when required, upon any matter under the consideration of the committee. b. The Attorney General shall give his or her opinion, in writing...
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15-6-23
Section 15-6-23 When costs to be paid by complainant. If the circuit, district or municipal court judge regards a complaint as unfounded or frivolous, he may order the complainant to pay the costs of prosecution; and, upon making such order, execution may issue to enforce the payment thereof. (Code 1852, §413; Code 1867, §3962; Code 1876, §4032; Code 1886, §4686; Code 1896, §5167; Code 1907, §7526; Code 1923, §5144; Code 1940, T. 15, §407.)...
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15-6-26
Section 15-6-26 Prosecution costs; execution for collection. In all cases where a person is required to keep the peace, the circuit, district or municipal court judge may order the costs of the prosecution, or any part thereof, to be paid judge other than a judge of an appellate or circuit court issue for the collection of the same. (Code 1852, §418; Code 1867, §3967; Code 1876, §4037; Code 1886, §4691; Code 1896, §5172; Code 1907, §7531; Code 1923, §5149; Code 1940, T. 15, §412.)...
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15-6-22
Section 15-6-22 Hearing; discharge of defendant; continuation of hearing. When a person complained of is brought before the circuit, district or municipal court judge, he and his witnesses must be heard in his defense; and, if on hearing the witnesses on both sides it appears that there is no just reason to fear the commission of the offense, the defendant must be discharged. If the hearing is continued, the judge shall require the defendant to give bail for his appearance, and, failing to furnish the bail, the defendant must be committed to jail. (Code 1852, §412; Code 1867, §3961; Code 1876, §4030; Code 1886, §4684; Code 1896, §5165; Code 1907, §7525; Code 1923, §5143; Code 1940, T. 15, §406.)...
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15-9-42
Section 15-9-42 Arrest without warrant - Commitment to jail or admission to bail. If, from the examination before the district or circuit court judge, it appears that the person held is the person charged with having committed the crime alleged, that he probably committed the crime and, except in cases arising under Section 15-9-34, that he has fled from justice, the judge must commit him to jail by a warrant reciting the accusation for such a time specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in Section 15-9-43, or until he shall be legally discharged. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §62.)...
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22-12-20
Section 22-12-20 Attempted escapes and escapes from detention. Should a person who has been legally placed in detention by a county health officer or quarantine officer attempt to make his escape, such person may be forcibly detained or, should such person make his escape, complaint, on oath, may be made before the judge of probate or a judge of the circuit, district or municipal court of the county or municipality where the escape or attempted escape occurs, by the county health officer or quarantine officer, whereupon such judge of probate or the judge of the circuit, district or municipal court to which such complaint was made, shall issue a warrant authorizing a sheriff, bonded constable or other lawful officer to arrest such person and return him to detention. (Code 1852, §966; Code 1867, §1217; Code 1876, §1511; Code 1886, §1267; Code 1896, §2402; Code 1907, §753; Code 1923, §1219; Acts 1935, No. 444, p. 926; Code 1940, T. 22, §152.)...
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