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43-2-290
Section 43-2-290 Causes of removal generally. An administrator may be removed, and his letters
revoked for his removal from the state; and an administrator or executor may be removed and
his letters revoked for any of the following causes: (1) Imbecility of mind; intemperance;
continued sickness, rendering him incapable of the discharge of his duties; or when from his
conduct or character there is reason to believe that he is not a suitable person to have the
charge and control of the estate. (2) Failure to make and return inventories or accounts of
sale; failure to make settlements as required by law; or the failure to do any act as such
executor or administrator, when lawfully required by the judge of probate. (3) The wasting,
embezzlement or any other maladministration of the estate. (4) The using of any of the funds
of the estate for his own benefit. (5) A sentence of imprisonment in the penitentiary, county
jail or for hard labor for the county for a term of 12 months or more....
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45-11-172.04
Section 45-11-172.04 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR
SESSION, EFFECTIVE MARCH 15, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)(1) If a
court determines that a dog is dangerous or a nuisance, but does not order that the dog be
destroyed because evidence was insufficient to determine that the dog caused serious physical
injury or damage to the real or personal property of another person, the owner of the dog
shall comply with the requirements in subdivision (2) in addition to any other requirements
imposed by the court. (2) Within 30 days of the issuance of the order declaring the dog to
be dangerous or a nuisance, the owner of the dog shall be required to register the dog with
the animal control authority in the jurisdiction in which the animal is kept or if there is
no animal control authority in the jurisdiction where the animal is kept, with the county
health department. All certificates of registration required to be obtained under...
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6-5-145
Section 6-5-145 Issuance and return of temporary restraining order; return of inventory; contempt
for violation of restraining order. (a) Where such application for a preliminary injunction
has been made, the court or judge thereof may, on the application of the plaintiff, issue
an ex parte temporary restraining order, restraining the defendants and all other persons
from the moving, or in any manner interfering with, the personal property and contents of
the place where such nuisance is alleged to exist until the decision of the court or judge
granting or refusing such preliminary injunction and until the further order of the court
thereon. (b) The restraining order may be served by handing to and leaving a copy of said
order with any person in charge of said place or residing therein or by posting a copy thereof
in a conspicuous place at, or upon one or more of the principal doors or entrances to such
places, or the judge may order it served on the parties defendant. (c) The officer...
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26-11-2
Section 26-11-2 Procedure for legitimation by written declaration of father generally; notification
of mother; filing of response; appointment of guardian ad litem; hearing; issuance of order
by court; certification of minutes of court to Office of Vital Statistics. (a) A father of
a bastard child may seek to legitimate it and render it capable of inheriting his estate by
filing a notice of declaration of legitimation in writing attested by two witnesses, setting
forth the name of the child proposed to be legitimated, its sex, supposed age, and the name
of mother and that he thereby recognizes it as his child and capable of inheriting his estate,
real and personal, as if born in wedlock. The declaration, being acknowledged by the maker
before the judge of probate of the county of the father's residence or the child's residence
or its execution proved by the attesting witnesses, shall be filed in the office of the judge
of probate of the father's residence or the child's residence. (b)...
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26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally; notification
of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance
of order by court; certification of minutes of court to Center for Health Statistics, etc.
(a) The father may petition at the time of filing the declaration of legitimation or at any
time subsequent to the determination of legitimation to change the name of such child, stating
in his declaration the name it is then known by and the name he wishes it afterwards to have.
Such petition shall be filed in the office of the judge of probate of the father's residence
or the child's residence. (b) Upon the filing of the petition for name change, notice shall
be given to the child's mother and to the child as provided by the Alabama Rules of Civil
Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's
mother shall, within 30 days after receiving notice, file her...
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31-2-100
Section 31-2-100 Courts-martial for members of National Guard - Subpoena of witnesses. A court-martial
may subpoena any witness residing within 100 miles of the place where the court is sitting
to appear and testify before it, and the sheriff, on receiving any subpoena issued by direction
of the court-martial and signed by the judge advocate thereof, or by the officer holding a
summary court, shall make service and return of service as provided by law in criminal cases.
Any person failing to appear at any court-martial in this state to testify in accordance with
the subpoena issued by such court-martial, without lawful excuse, is guilty of a misdemeanor
and shall, upon conviction, be fined not more than $100 or imprisoned for not more than 60
days in the county jail, either or both. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940,
T. 35, §136; Acts 1973, No. 1038, p. 1572, §101.)...
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9-12-5
Section 9-12-5 Proceedings as to violations of chapter - Hearing; imposition of fine and condemnation
and sale of boat, etc., upon conviction; discharge of accused and release of boat, etc. If
upon the hearing the offense is established, the judge of the district court must fine each
of the offenders as is provided for in the section of this chapter which is violated or as
otherwise provided by law and, if the fine is not paid, must commit him or them to jail and
must also condemn the boat, vessel or craft, together with her tackle, apparel, furniture
and appurtenances, forfeited to the state, and direct that it be sold and adjudge the cost
of the proceeding before him to be paid by the accused. If he is not satisfied from the proof
that the accusation is established, he must discharge the accused and release the boat, vessel
or craft and other property seized. (Code 1852, §1124; Code 1867, §1304; Code 1876, §1612;
Code 1886, §4723; Code 1896, §5578; Code 1907, §7499; Code 1923,...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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12-13-40
Section 12-13-40 Powers of probate judges generally. The probate judge shall have authority:
(1) To administer oaths and take and certify the same in all cases in which administering
such oath and taking such affidavit is not confined expressly to some other officer; (2) To
cause jurors to be impaneled and sworn in any matter of fact pending before him in which the
right to a jury trial is given by law; (3) To appoint guardians ad litem for minors and persons
of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee
or other person connected with his office or related to him by consanguinity or affinity;
(4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary,
for whose official acts he shall be responsible; (5) To complete the minute entries and decrees
of the court when the same are incomplete on account of the failure to make necessary entries
at the time when they should have been made, but the necessary...
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22-20-5
Section 22-20-5 Regulations for establishments handling food and providing public accommodations.
(a) The State Committee on Public Health shall, as conditions demand, adopt and promulgate
regulations for the construction, maintenance and operation of all establishments, and their
immediate surroundings, in which foods or beverages intended for sale for human consumption
are made, prepared, processed, displayed for sale in an unpackaged state or served and for
the construction, maintenance and operation of hotels, inns, taverns, motels, tourist courts,
tourist homes, trailer courts or any place where sleeping accommodations for transients, tourists
or vacationists are advertised for sale, as well as regulations for the construction, maintenance
and operation of exhibition-ground food concessions, poultry slaughterhouses and animal slaughterhouses,
and their surroundings; except, that the authority hereby vested shall not include the authority
to conduct meat and poultry slaughter and...
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