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15-9-41
Section 15-9-41 Arrest without warrant - When authorized; persons authorized to make arrest;
appearance of accused before judge. The arrest of a person may be lawfully made also by an
officer or a private citizen without a warrant upon reasonable information that the accused
stands charged with a crime punishable by death or life imprisonment in the courts of another
state. When so arrested, the accused must be taken before a district or circuit court judge
with all practicable speed and complaint must be made against him under oath setting forth
the ground for the arrest as in Section 15-9-40, and thereafter his answer shall be heard
as if he had been arrested on a warrant. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, ยง61.)...
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17-16-44
Section 17-16-44 Jurisdiction in election contests; appeal. No jurisdiction exists in or shall
be exercised by any judge or court to entertain any proceeding for ascertaining the legality,
conduct, or results of any election, except so far as authority to do so shall be specially
and specifically enumerated and set down by statute; and any injunction, process, or order
from any judge or court, whereby the results of any election are sought to be inquired into,
questioned, or affected, or whereby any certificate of election is sought to be inquired into
or questioned, save as may be specially and specifically enumerated and set down by statute,
shall be null and void and shall not be enforced by any officer or obeyed by any person. If
any judge or other officer hereafter undertakes to fine or in any wise deal with any person
for disobeying any such prohibited injunction, process, or order, such attempt shall be null
and void, and an appeal shall lie forthwith therefrom to the Supreme...
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28-4-275
Section 28-4-275 Forfeiture and condemnation proceedings generally - Apportionment and taxing
of costs. If judgment shall be against only one party defendant appearing, he shall be charged
to pay all the costs of the proceeding in the seizure and detention of the liquors and beverages
and vessels and receptacles claimed by him and the costs of the trial. But if judgment shall
be entered against more than one party claiming distinct parts of or interests in said liquors
and beverages and vessels and receptacles, then the cost of the proceeding and trial may be
equitably apportioned among the defendants for the amount of cost to be adjudged against them
according to the discretion of the judge or court. In the event no one appears to contest
the complaint or if the complaint is not sustained and no judgment of forfeiture is obtained,
the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein
the state fails, and this rule shall apply as to any separate...
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6-6-332
Section 6-6-332 Process - Form of notice; service and return thereof. (a) Upon complaint being
made, the district judge shall issue a notice to the party against whom the complaint is made
to the following effect: The State of Alabama, ___ County. To ___ You are hereby commanded
to be and appear before me, at _____ on the _____ day of _____, 2__, to answer to, and make
defense against a complaint exhibited to me against you by _____, for a forcible entry and
detainer (or for unlawful detainer, as the case may be). Witness my hand this _____ day of
______, 2__. ___ District Court Judge (b) The notice shall be served on the defendant at least
six days before the return day of the process and may be served on the defendant anywhere
within the state. The return of the service thereof by any sheriff or constable of the state
is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall
be personally served upon the...
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13A-10-132
Section 13A-10-132 Crimes in connection with sham legal process, etc. (a) For the purposes
of this section, the following terms shall have the following meanings: (1) LAW ENFORCEMENT
OFFICER. The same as defined in Section 13A-10-1. (2) LAWFULLY ISSUED. Adopted, issued, or
rendered in accordance with the applicable statutes, rules, regulations, and ordinances of
the United States, a state, an agency, or a political subdivision of a state. (3) SHAM LEGAL
PROCESS. The issuance, display, delivery, distribution, reliance on as lawful authority, or
other use of an instrument that is not lawfully issued, whether or not the instrument is produced
for inspection or actually exists, which purports to be any one of the following: a. A summons,
subpoena, judgment, lien, arrest warrant, search warrant, or other order of a court of this
state, a peace officer, or a legislative, executive, or administrative agency established
by state law. b. An assertion of jurisdiction or authority over or...
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30-4-33
Section 30-4-33 Disposal of interest in real estate by spouse of insane person - Motion; exception
as to homestead; date for hearing; notice to insane spouse; appointment of guardian ad litem.
Whenever any such married person whose spouse is insane desires authority to sell, convey,
mortgage or otherwise dispose of real estate as if single, such married person shall file
a complaint in the circuit court, setting forth the fact that his or her spouse is insane,
that he or she desires to be authorized to sell, convey, mortgage or otherwise dispose of
real estate, not including a homestead, as if single, and that said complaint is not for the
purpose of taking advantage of or defrauding the insane spouse. Upon the filing of such complaint,
the same shall be presented to the judge of the court, who shall enter an order fixing the
day for hearing, providing that notice shall be given the insane spouse, the manner of giving
such notice and appointing a guardian ad litem to represent the...
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28-4-313
Section 28-4-313 Prosecutions for violations of chapter, etc., begun by affidavit or indictment;
right of person charged to demand grand jury indictment; continuation of prosecution upon
original affidavit; amendment of affidavit or complaint. All prosecutions for a violation
of any provision of this chapter or of any other law for the suppression of the evils of intemperance
may be begun by affidavit as well as by indictment; and when begun by affidavit, the person
charged shall not have the right to demand that a grand jury prefer an indictment for the
alleged offense, except where such offense is a felony, but the prosecution may continue no
matter in what court or before what judge the trial shall be had upon the affidavit upon which
it was originally begun. The said affidavit or any complaint that may be filed in such prosecution
may be amended to meet the ends of justice and to prevent a dismissal of the case upon any
informality, irregularity or technicality. (Acts 1909, No....
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6-5-149
Section 6-5-149 Precedence of action over other cases; evidence; dismissal of action; continuance;
costs; judgment. (a) The action, when commenced, shall have precedence over all other cases
except injunctions. (b) In such action, evidence of the general reputation of the place or
any admission or finding of guilt of any person under the original laws against prostitution,
lewdness, or assignation at any such place shall be admissible for the purpose of proving
the existence of said nuisance and shall be prima facie evidence of such nuisance, of knowledge
of and acquiescence and participation therein on the part of the person, or persons, charged
with maintaining such nuisance. (c) If the complaint is filed for the state by a citizen of
the county, it shall not be dismissed except upon a sworn statement of the plaintiff or his
personal representative or agent, and his attorney or of the officer filing the complaint,
setting forth the reasons why the action should be dismissed and the...
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9-11-53
Section 9-11-53 Resident license - Freshwater fishing. (a) Any person who has been a bona fide
resident of this state for a period of not less than 90 days next preceding and who is age
16 or older, but who has not yet reached the age of 65, shall not take, catch, kill or attempt
to take, catch, or kill any fish in any of the waters of this state above that line defined
in Rule 220-2-.42 (1) of the Department of Conservation and Natural Resources as published
in the Alabama Administrative Code, as well as below that line in any of the ponds or lakes
containing freshwater fish, subject to the exceptions contained herein, by any means, except
designated commercial fishing gear and wire baskets, expressly allowed by law or regulation
without first procuring an annual resident freshwater fishing license and paying therefor
the sum of eleven dollars ($11), plus a one dollar ($1) issuance fee, which fees shall be
subject to adjustment as provided for in Section 9-11-68; provided, however,...
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11-2-1
Section 11-2-1 Bonds requirements. (a) For the purposes of this chapter, the following words
have the following meanings: (1) COUNTY EMPLOYEE. An employee or clerk, deputy, or employee
in any county office, but shall not mean an employee of the county board of education. (2)
COUNTY OFFICIAL or COUNTY OFFICER. A county commissioner, county taxing official, judge of
probate, sheriff, coroner, or constable. (3) COUNTY TAXING OFFICIAL. A tax assessor, tax collector,
revenue commissioner, license commissioner, or other person charged by law in a county with
the assessing or collecting of taxes. (b) All county officials of all counties in this state
and any county employee designated by law or the county commission shall be required to execute
official bonds for the faithful performance of their duties and such additional official bonds
as from time to time the public interest may demand and as may be required by the provisions
of law. Except for a local taxing official executing bond...
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