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12-13-13
Section 12-13-13 Chief clerk of probate court - Oath and bond. The chief clerk of the probate
court, before he enters upon his duties, must take the oath directed to be taken by the officers
of this state and give bond, with surety, payable to the probate judge, in such sum as he
may prescribe, upon which bond such clerk shall be liable to such judge inconsequence of any
act of misfeasance or malfeasance of such chief clerk in the duties of his office, which bond
must be approved by the probate judge and filed and recorded in the office of the clerk of
the circuit court of the county. (Code 1852, §674; Code 1867, §796; Code 1876, §702; Code
1886, §795; Code 1896, §§3372, 3373; Code 1907, §5430; Code 1923, §9593; Code 1940, T.
13, §301.)...
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19-3-21
Section 19-3-21 Contents of application; notice of hearing. The application must be in writing,
verified by affidavit, must state the nature and character of the trust and of the interest
of the applicant therein and must state, in the opinion of the applicant, said interest is,
or will be endangered, if bond with sureties is not required of such trustee; and, on the
filing of such petition, the register or clerk must appoint a day for the hearing thereof,
of which not less than five days' notice, by the service of summons to appear and answer,
must be given the trustee, if he resides in the state, and if he resides without the state,
notice must be given by publication for three successive weeks in some newspaper published
in the county, if there be such paper, and if there be not, in the paper published nearest
to such county. (Code 1886, §3550; Code 1896, §4153; Code 1907, §6055; Code 1923, §10392;
Code 1940, T. 58, §9.)...
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6-6-52
Section 6-6-52 When issued and executed on Sunday. Attachments may issue and be executed on
Sunday if the plaintiff, his agent or attorney, in addition to the oath prescribed for the
issue of such process, makes affidavit that the defendant is absconding, or is about to abscond,
or is about to remove his property from the state and gives the bond required in this article.
(Code 1867, §2941; Code 1876, §3266; Code 1886, §2943; Code 1896, §538; Code 1907, §2938;
Code 1923, §6186; Code 1940, T. 7, §859.)...
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10A-2-2.02
Section 10A-2-2.02 Supplemental provisions required or permitted in articles of incorporation.
REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT
IN THE CURRENT CODE SUPPLEMENT. (a) In addition to the information required to be set forth
in a certificate of formation by Section 10A-1-3.05, articles of incorporation of a corporation
formed under this chapter must set forth: (1) The number of shares the corporation is authorized
to issue; (2) The names and addresses of the individuals who are to serve as the initial directors;
and (3) The purpose or purposes for which the corporation is organized, which may be stated
to be or to include the transaction of any lawful business for which corporations may be incorporated
under this chapter. (b) The articles of incorporation may set forth: (1) Provisions not inconsistent
with law regarding: (i) Reservation to the shareholders of the right to adopt the initial
bylaws of the corporation; (ii) Managing the...
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11-51-185
Section 11-51-185 Request for department to collect municipal taxes; effective date; when department
to perform duties under division. (a) Except where the Department of Revenue is already collecting
taxes on July 1, 1998, any municipality requesting the Department of Revenue to collect its
tax shall forward a certified copy of the enabling act, ordinance, or resolution to the department
at least 30 days prior to the first day of the month on which the act, ordinance, or resolution
is to take effect. (b) A new levy, or a levy changed by an amendment of a municipal ordinance
heretofore adopted, which shall be collected under this division or a new request to collect
shall not be effective nor subject to collection by the Department of Revenue until the first
day of the month next following the expiration of 30 days after receipt by the department
of a certified copy of the enabling ordinance or resolution with any amendments thereto. (c)
The Department of Revenue shall not be required...
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26-3-13
Section 26-3-13 Liability of probate judge, etc., for neglect or omission in taking bond. The
judge of probate and the sureties on his or her official bond are liable to any person injured
for any wanton, fraudulent, or intentional misconduct of the judge in not taking from a conservator
a good and sufficient bond or for taking thereon insufficient surety or for wanton, fraudulent,
or intentional misconduct in not requiring the execution of a new or additional bond in the
cases in which such bond is required by law, if he or she knows or has good cause to believe
that the case exists in which such new or additional bond should be required. (Code 1886,
§2389; Code 1896, §2283; Code 1907, §4373; Code 1923, §8146; Code 1940, T. 21, §38; Acts
1987, No. 87-590, p. 975, §2-333(b); Act 2017-174, §1.)...
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30-4-61
Section 30-4-61 Appeal of conviction. The defendant, if convicted, shall have the right to
appeal as in other misdemeanor cases appealed from the juvenile court. Pending said appeal,
upon his entering into bond, with sufficient sureties in such sum as the court may require,
he shall be released from custody. If the defendant fails to make the required bond, he shall
be confined in the county jail until the appeal is determined. (Acts 1919, No. 181, p. 176;
Code 1923, §4485; Code 1940, T. 34, §95.)...
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43-2-645
Section 43-2-645 Refunding bonds - Required; terms and conditions. Such order must not in any
case be made, unless the applicant gives a refunding bond, with two sufficient sureties, to
be approved by the judge of probate, payable to the administrator, in double the amount distributed
to the applicant or in double the value of his share of the property directed to be distributed,
to be ascertained by the appraisement or other evidence and entered of record, and conditioned
to refund the amount directed to be paid, or to return the property received on such distribution,
or to pay the value thereof and interest on such amount or value from the time the same was
received, if the assets are insufficient to discharge the debts and charges against the estate.
(Code 1852, §1782; Code 1867, §2109; Code 1876, §2486; Code 1886, §2203; Code 1896, §271;
Code 1907, §2729; Code 1923, §5968; Code 1940, T. 61, §370.)...
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6-6-46
Section 6-6-46 When additional affidavit of special facts and circumstances to determine amount
of levy required; reduction of sum. When an attachment is applied for in the cases provided
for in the third and fourth subdivisions of Section 6-6-41, the judge, before issuing it,
must require the plaintiff, his agent or attorney, in addition to the affidavit and bond required
in other cases, to make affidavit in writing of the special facts and circumstances so as
to enable him to determine the amount for which a levy must be made, which sum may, at the
discretion of the court, be reduced at the return of the attachment, on affidavit of the defendant,
and the levy released to the amount of such reduction. (Code 1852, §2508; Code 1867, §2932;
Code 1876, §3257; Code 1886, §2934; Code 1896, §529; Code 1907, §2929; Code 1923, §6177;
Code 1940, T. 7, §850.)...
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11-2-21
Section 11-2-21 Requirement of additional bonds of county officials, etc. - Procedures. Whenever
any county commission or county board of education, pursuant to this article, requires any
additional bond from any county official, county employee, or employee of the board of education,
the requirement shall be adopted by resolution of the county commission or board of education
signed by the chair and personally served on the county official, county employee, or employee
of the board of education required to give additional bond. The resolution shall state the
amount of additional bond required when and where to give such bond. The official or employee
shall give additional bond within 15 days after the date specified in the resolution, or vacates
his or her office or employment if he or she fails to comply. (Acts 1933, Ex. Sess., No. 191,
p. 203; Code 1940, T. 41, §84; Act 2009-744, p. 2229, §1.)...
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