3-2-21
Section 3-2-21 Notification of owner of animal taken up and impounded; filing of notice with
probate judge where owner cannot be located; procedure for recovery of animal by owner. (a)
The owner of any livestock taken up and impounded as provided in Section 3-2-20, if known,
shall be served personally with notice thereof, which notice shall specify the number and
kind of livestock or animals impounded. If the owner of any livestock or animal taken up is
unknown or cannot be located, the officer or person taking up the livestock or animal shall,
within two days after so taking it up, file a notice in writing with the judge of probate
of the county where the livestock or animals were estray. The judge of probate shall record
such notice in a book showing a description of the animal and the place where picked up and
the date and, for such service, shall be entitled to charge a fee of not exceeding $.50 to
be collected from the impounder. (b) The owner of such livestock or animals shall...
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3-2-22
Section 3-2-22 Sale of animals taken up and impounded. If the owner or his agent shall not
reclaim his livestock or animal within the time allowed in this article, the poundkeeper or
officer shall sell the same upon giving five days' notice of such sale by publication one
time in a newspaper published in the county, said notice to contain a brief description of
the livestock or animal to be sold and the time and place of sale, and out of the proceeds
he shall pay the cost and expenses of taking up, keeping and caring for such livestock or
animal, the cost of the sale and the fees provided for in Sections 3-2-20 through 3-2-23 and
the balance, if any, shall be paid to the owner, if known. In the event no newspaper is published
in the county, a copy of the notice of the sale shall be posted in at least three public places
in the vicinity where the livestock was taken up. All such sales shall be conducted in the
county where the livestock was taken up and impounded. (Acts 1951, No. 822,...
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3-5-12
Section 3-5-12 Proceedings for recovery of livestock or animal by owner; determination of validity
of seizure, amount of damages, etc., where owner unknown, etc.; fees and costs of district
court judge and officer making seizure; appeals from judgment of district court. (a) The owner
of any livestock or animal which has been seized shall have the right to possession of the
same by paying such judgment and the costs thereof or, if no judgment has been entered, by
paying such damages as may be agreed upon together with fees and costs and expenses due on
account of such seizure to the person or officer so seizing such livestock or animal or to
the person who may at the time of such payment have such livestock or animal in his possession
and by paying to the court the costs of the court incurred to the time of such payment. Should
the parties be unable to agree upon the amount of damages, fees, costs and expenses due, either
party shall have the right to go before any district court judge...
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11-3-11
Section 11-3-11 Powers and duties generally. (a) The county commission shall have authority:
(1) To direct, control, and maintain the property of the county as it may deem expedient according
to law, and in this direction and control it has the sole power to locate the courts in the
rooms of the courthouse and to designate the rooms to be occupied by the officers entitled
to rooms therein, including the circuit judge if resident in the county, and to change the
location of the courts and the designation of the rooms for officers as it may deem best and
most expedient, and this shall be done by order of the county commission entered upon the
minutes of the county commission at a regular meeting of the county commission. In the event
the courthouse is inadequate to supply office rooms for such officers, the county commission
may lease such office rooms in a convenient location in the county site and pay the rental
from the county fund. (2) To levy a general tax, for general county...
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3-5-7
Section 3-5-7 Filing of statement where owner of livestock or animal taken up unknown, not
resident of county, etc. (a) If the owner of any livestock or animal found at large and uncontrolled
on the premises of another or upon the public lands, highways, roads or streets in the State
of Alabama is unknown or if the owner is known but has no place of residence within the county
where the livestock or animal is taken up or cannot be located, the officer or person taking
up the livestock or animal shall, within two days after so taking up, file a statement in
writing with the district court. (b) Such statement shall set forth: (1) The name and address
of the person taking up the livestock or animal, or, if an officer, the name, address and
official designation of the officer taking up the livestock or animal; (2) A description of
the livestock or animal as to kind, sex, marks, brand, color and apparent age; (3) Where the
livestock or animal was taken up and where it is impounded; (4) The...
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3-5-13
Section 3-5-13 Procedure for sale of livestock or animal when not reclaimed by owner, etc.;
disposition of proceeds of sale. If the owner or his agent shall not, when he has made no
bond, reclaim his livestock or animal within 24 hours after the judge of the district court
shall have ascertained such damages, then the judge of the district court shall order the
same sold by a constable of the precinct or by someone appointed to act as such or by the
sheriff or his deputy or by the law enforcement officer of a municipality. Such officer, upon
the making of such order, shall sell the same upon giving five days' notice of such sale by
publication one time in a newspaper published in the county, said notice to contain a brief
description of the livestock or animal to be sold and the time and place of sale. But out
of the proceeds such officer shall pay the costs and expenses and damages due the plaintiff
and the expenses of taking up, keeping and caring for such livestock or animal, and...
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3-5-8
Section 3-5-8 Posting of notice as to taking, etc., and hearing thereupon; proceedings where
owner appears and claims livestock or animal generally; proceedings and entry of judgment
for sale where livestock or animal not claimed and adjudged to be unlawfully at large generally.
(a) The district court shall give notice, by posting in three public places in the county,
setting forth the fact of such taking up, the description of the livestock or animal and the
fact that the owner is unknown or, if known, that he cannot be located, and notifying any
person claiming to be the owner of such livestock or animal to appear before the court at
a place named not less than three days nor more than six days from the date of such notice
and prove such claim of ownership. (b) If such person appears at any time and if the judge
of the district court is satisfied that such person is the actual owner of such livestock
or animal, then the judge shall require the owner of the livestock or animal to pay...
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11-42-67
Section 11-42-67 Appeals from judgment of probate judge - Issuance and service of notice of
appeal. The judge of probate, within 10 days after an appeal is taken, shall issue notice
to the opposite party of the appeal, and place such notice in the hands of the sheriff of
the county, and the sheriff shall serve such notice upon the party to whom the same is issued
and make returns thereof to the said judge of probate, but if the city takes the appeal, such
notice issued to the property holder may be served upon the property holder or his agent or
attorney, and if the property holder, his agent or attorney cannot be found by the sheriff,
upon any person over the age of 19 years residing on or having custody of the property of
such property owner. (Code 1907, §1100; Code 1923, §1794; Code 1940, T. 37, §163.)...
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3-5-6
Section 3-5-6 Taking up of livestock or animals running uncontrolled on lands of another by
owner, etc., of said lands; notification of owner of livestock or animals generally. Any person
who is the owner of or in the lawful possession of any land or the agent of any such person
shall have the right to take possession of any livestock or animal found at large, uncontrolled,
on his premises or on premises of which he has charge and the owner of such livestock or animal,
when so taken up, shall be personally notified or, if the owner cannot be found, the owner
may be notified by leaving a written notice at the usual place of residence of such owner,
within 24 hours after the taking up of such livestock or animal, and by posting notice as
provided in Section 3-5-8. Anything in this chapter to the contrary notwithstanding, the word
"uncontrolled," as used in this chapter shall in no case be construed to prohibit
the driving of any animal or stock over, upon or along the public streets and...
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3-5-4
Section 3-5-4 Taking up of livestock or animals running at large by highway patrol, etc.; notification
of owner thereof generally. Any state trooper, the sheriff and his deputies of any county,
or the constable of any precinct or any law enforcement officer of any municipality shall
take possession of any livestock or animal found at large upon the premises of another or
upon the public lands, roads, highways or streets in the State of Alabama, and the owner of
such livestock or animal, when so taken up, shall be notified personally or the owner may
be notified by leaving a written notice at the usual place of residence of such owner, within
24 hours after the taking up of such livestock or animal. (Acts 1939, No. 368, p. 487.)...

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