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12-18-150
Section 12-18-150 (Effective November 8, 2016, subject to contingencies) Definitions. When
used in this article, the following terms shall have the following meanings, respectively,
unless the context clearly indicates otherwise: (1) ACCUMULATED CONTRIBUTIONS. The sum of
all the amounts deducted from the compensation of a member credited to his or her individual
account in the Judges' and Clerks' Plan, together with regular interest thereon. (2) ACTUARIAL
EQUIVALENT. A benefit of equal value when computed upon the basis of the mortality tables
adopted by the Board of Control and regular interest. (3) ANNUITY. Payments for life derived
from the accumulated contributions of a member. All annuities shall be payable in equal monthly
installments. (4) AVERAGE FINAL COMPENSATION. The average annual compensation of a judge or
clerk with respect to which he or she had made contributions pursuant to Section 12-18-152
during the five years in his or her last 10 years of membership service for...
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12-21-42
Section 12-21-42 Books of account as proof of accounts. The books of account of any manufacturer,
merchant, shopkeeper, physician or other person doing a regular business and keeping daily
entries thereof may be admitted in evidence as proof of such accounts upon the following conditions:
(1) That he kept no clerk, or else the clerk is dead or otherwise inaccessible or for any
other reason the clerk is disqualified from testifying; (2) Upon proof, the party's oath being
sufficient, that the book tendered is his book of original entries; (3) When any party or
interested person, manager or other official of any association or company testifies to his
or their account book and the items therein contained, that the same is a book of original
entries and that the entries therein are true and just and were made by himself or his employee,
deceased or living, in the usual course of trade and of his duty or employment to the party
so testifying; thereupon the said account book and entries...
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15-10-47
Section 15-10-47 Return of writs by sheriff; duty of clerks to accept returns by mail; failure
of sheriffs to comply with section. (a) All writs of arrest, with the undertaking of bail
when given, must be returned by the sheriff to the clerk of the court from which they were
issued, with the proper return thereon endorsed. (b) If the writ of arrest is executed, the
return must be made within five days after service; but if executed out of the county in which
the indictment was found, the return may be made by depositing the writ in the post office
within five days after service in a sealed envelope, postage prepaid, directed to the clerk
of the court at the courthouse of his county, with the title of the case and the character
of the process endorsed on the envelope. (c) When any writ of arrest is not executed, it must
be returned by the sheriff to the clerk of the court from which it was issued; and when the
return is made by the sheriff of any other county than that in which the...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.6.htm - 4K - Match Info - Similar pages
26-2-48
Section 26-2-48 Appointment of guardian for nonresident incapacitated person having property
within state - Procedure. The application for the appointment of a conservator for such person
must be in writing, must be verified by affidavit and must state the name, sex, age, and residence
of such person, the court by which he or she was declared incapacitated and the property requiring
the care of a conservator. On the filing of such application, the court must appoint a day
for the hearing thereof, notice of which must be given for three successive weeks by publication
in some newspaper published in the county or, if there is no such paper published in the county,
by publication in a paper published in an adjoining county, and a copy of such paper must
be mailed by the probate judge to such person at the post office nearest his or her residence.
The court must appoint a guardian ad litem to represent and defend for such person and it
shall be the duty of such guardian ad litem to put in...
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35-6-110
Section 35-6-110 Crops subject to partition; by whom application made. Matured crops of corn,
cotton, or other produce, raised and made by persons in such manner as to make them joint
owners or tenants in common therein, whether gathered or ungathered, may be divided among
them, on the written application of any one or more of them to the probate court of the county
in which such crops, or any portion thereof, are situated; and such application may be made
by the administrator or executor of a deceased person, or by the guardian of a minor or person
of unsound mind interested in such crops. (Code 1876, §3521; Code 1886, §3263; Code 1896,
§3188; Code 1907, §5234; Code 1923, §9338; Code 1940, T. 47, §231.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-110.htm - 1K - Match Info - Similar pages
43-2-812
Section 43-2-812 Judgment certified to probate court; execution for costs. If such judgment
is for the plaintiff, and it is shown to the court that such estate has been declared insolvent,
an order must be made to the effect that no execution issue on such judgment, but that the
same be certified to the proper probate court. Upon a certified copy of such judgment being
filed as a claim against the estate, it must be allowed with the costs against such estate,
unless shown to have been obtained by collusion; and when such judgment is certified, the
clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If
the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution
may issue against him for the same as in other cases. (Code 1852, §1860; Code 1867, §2209;
Code 1876, §2581; Code 1886, §2251; Code 1896, §319; Code 1907, §2795; Code 1923, §6034;
Code 1940, T. 61, §421.)...
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45-34-84.60
Section 45-34-84.60 Transfer of duties; compensation. (a) This section shall apply only in
Henry County. (b) All duties, responsibilities, and liabilities regarding motor vehicle and
non-motorized vehicle assessment and ad valorem tax collection heretofore performed by the
revenue commissioner shall be transferred to and shall be performed by the judge of probate.
(c)(1) Upon the recommendation of the judge of probate, the governing body of Henry County
shall provide the probate office with office personnel, clerks, deputies, and quarters, books,
stationery, furniture, equipment, and other conveniences and supplies as the governing body
may consider necessary for the proper and efficient assessment and collection of ad valorem
tax on motor vehicles and non-motorized vehicles. Compensation of any personnel so provided
shall be fixed by the judge of probate and shall be paid in equal installments out of the
general fund of the county. (2) The salaries, as determined in subdivision (1),...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-34-84.60.htm - 1K - Match Info - Similar pages
45-40-120
Section 45-40-120 Personnel board and system; chief deputy and chief clerk or sheriff. (a)(1)
There is created and established a three member personnel board for Lawrence County, Alabama,
with the members to be appointed as follows: a. One member shall be appointed by the state
legislative delegation representing the county. b. One member shall be appointed by the county
commission. c. One member shall be appointed by collective agreement of the sheriff, tax assessor,
tax collector, and judge of probate. (2) The appointments shall be made no later than the
twenty-fifth day immediately after May 7, 1992. (b) The personnel board created in subsection
(a) shall implement and administer the Lawrence County Personnel System using as a general
guide for the system the manual for the system authored by Auburn University. The board may
revise the pay scale as it deems appropriate. Any revision shall not lower the salary of any
employee. The personnel board shall carefully and zealously monitor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-40-120.htm - 2K - Match Info - Similar pages
6-10-20
Section 6-10-20 Declaration of claimed exemptions - Making and filing. Any resident of this
state entitled to, and desiring to, claim a homestead or other exemption from levy and sale
under execution or other process may, at any time, make and file in the office of the probate
judge of the county in which the property is situated, if a homestead, or, if personal property,
of the county in which such resident resides, a declaration in writing, subscribed and sworn
to by him or her, describing the property selected and claimed by him or her as exempt, item
by item, in case of personal property, with its value. Other declarations may, from time to
time, as occasion may require, be made and filed. (Code 1876, §2828; Code 1886, §2515; Code
1896, §2041; Code 1907, §4168; Code 1923, §7890; Code 1940, T. 7, §633.)...
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