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38-1-3
Section 38-1-3 Legal representative for handling public assistance payments of incompetents.
If any otherwise qualified applicant for or recipient of public assistance appears to be incapable,
physically or mentally, or both, of managing his public assistance payments, and has no legal
guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the
Department of Human Resources, or the Department of Human Resources may petition the probate
judge for the appointment of a legal representative to handle his public assistance payments
only. The petition shall be accompanied by a certificate in writing of a physician which certificate
shall state that the physician upon examination believes the applicant or recipient to be
physically or mentally, or both, incapable of managing his public assistance payments. The
probate judge shall conduct a hearing for the purpose of appointing a competent person as
legal representative after notice of at least 10 days in...
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12-17-264
Section 12-17-264 Prior service credit. Prior service credit may be obtained by any former
magistrate who is entitled to take advantage of this article for years served in his individual
capacity as magistrate or judge of any inferior court, municipal judges excluded, by contributing
an amount equal to six percent of his then salary for each year for which prior service credit
is sought. (Acts 1988, No. 88-313, p. 475, §5.)...
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12-18-10
Section 12-18-10 Retirement and disability benefits of justices of Supreme Court, judges of
courts of appeals and judges of circuit courts; payment of benefits to spouses upon death
of justices or judges; call to active duty status of retired justices or judges; powers, duties,
compensation, etc., of retired justices or judges on active duty status; transfer of justices
or judges from active to inactive status, etc. (a) The retirement benefit payable to a justice
of the Supreme Court or judge of one of the courts of appeals retiring pursuant to subdivision
(2), (3), (4) or (5) of subsection (a) of Section 12-18-6 shall be 75 percent of the salary
prescribed by law for the position from which he retires, payable monthly for the rest of
his life. Such benefit shall continue to be 75 percent of his salary prescribed by law for
such position and shall change in amount as such salary is hereafter increased or decreased
by law and shall not be subject to writs of attachment or garnishment....
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12-18-30
Section 12-18-30 Right of election of justices of Supreme Court and judges of circuit courts
becoming supernumerary justices or judges prior to September 18, 1973, to come under provisions
of Article 1 of chapter; filing of instrument as to election with Clerk of Supreme Court.
Any former justice of the Supreme Court or judge of any of the several circuit courts of this
state who became a supernumerary justice or judge under the applicable laws of this state
prior to September 18, 1973, may elect to come under the provisions of Article 1 of this chapter
by filing with the Clerk of the Supreme Court of Alabama, within one year after October 1,
1976, an instrument in writing electing to come under the provisions of Article 1 of this
chapter. (Acts 1975, No. 1205, p. 2384, §6-111.)...
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19-2-4
Section 19-2-4 Notice of petition; representation by attorney. Notice of any petition to remove
a fiduciary in war service and the day appointed to hear the same must be given to him by
the register or clerk by registered or certified mail, postage prepaid, addressed to him at
his post-office address, if known, or by publication once a week for four consecutive weeks
in some newspaper published in the county, and if no newspaper is published in the county
by posting at the courthouse door and three other public places in the county. If said fiduciary
does not personally appear therein, or is not represented by an authorized attorney, the court
may appoint an attorney to represent him and a reasonable fee, to be taxed as a part of the
costs of such proceedings, may be allowed to said attorney so appointed. Notice of said petition
and the time appointed to hear the same must be given by the register or clerk to all other
parties interested in the trust fund or the estate being...
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30-1-17
Section 30-1-17 Correction of marriage records. (a) When the records pertaining to a marriage
are incomplete or inaccurate, the judge of probate of a county in which the marriage license
was issued shall correct or perfect the same upon proper petition being filed by either party
to the marriage, or someone delegated or authorized by him or her, in his or her name and
behalf, giving the names and residences of the parties to the marriage, if known, and if the
residence is not known, an affidavit by petitioner or petitioner's attorney that the residence
is not known and that diligent effort has been made to ascertain the same, together with a
clear statement setting up wherein the record of the marriage should be corrected or perfected.
Notice of the time and place set for hearing the application shall be given for at least six
days by personal service thereof, if the other party resides in the State of Alabama, unless
both parties join in the petition, and in such case the petition may...
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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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12-1-9
Section 12-1-9 Conduct of inquiries, etc., as to violations of Section 12-1-8 and punishment
of offenders. The judges of the several courts of this state, whenever they deem it proper
or necessary, shall inquire and examine the parties, witnesses, jurors or third parties as
to whether or not any of the provisions of Section 12-1-8 have been violated; and, if the
judge shall ascertain and determine that any provision of Section 12-1-8 has been violated,
he shall declare the persons offending guilty of contempt of court and punish them accordingly.
(Code 1923, §8575; Code 1940, T. 13, §3.)...
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22-52-33
Section 22-52-33 Proceedings for civil commitment of persons in custody of Department of Mental
Health who have been adjudicated "not guilty by reason of insanity." Where any person
who is currently in the custody of the Department of Mental Health has been adjudicated "not
guilty by reason of insanity" pursuant to the provisions of Sections 15-16-24, 15-16-25
and 15-16-40, the commissioner or his designee shall petition the judges of probate of Tuscaloosa
or Mobile Counties or any judge of probate where such facility exists for an order of civil
commitment to the Department of Mental Health. (Acts 1975, No. 1228, p. 2576, §4.)...
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22-52-34
Section 22-52-34 Proceedings for reevaluation and civil commitment or transfer of certain persons
in custody of Department of Mental Health. (a) Where any person is in the custody of the Department
of Mental Health pursuant to the provisions of Article 4 of this chapter, the commissioner
shall direct the superintendent of Bryce or Searcy Hospital or any other facility so designated
by the commissioner to reevaluate the mental condition of such person for a determination
as to whether or not he or she meets the minimum standards for civil commitment as defined
in Section 22-52-37. Where the sentence for which said person was committed has expired and
where said person meets the minimum standards for involuntary civil commitment, the commissioner
or his designee is hereby authorized to petition the judges of probate of Tuscaloosa or Mobile
Counties or any judge of probate where such facility exists for an order of civil commitment
to the Department of Mental Health. All of the subsequent...
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