17-16-68
Section 17-16-68 Commission to take testimony. The commission shall take testimony on the part
of the contestant, and also on the part of the contestee, and shall have power to send for
witnesses, books, and papers anywhere in the State of Alabama; shall have power to issue warrants,
under the hand of the chair, to any judge, or clerk of any court of record or such other competent
and discreet person as the commission may appoint, to take the deposition of witnesses at
such time and place as the warrant shall direct, and the points as to which the testimony
is to be taken shall be set forth in such warrant. The evidence taken in the case of a contest
of the election of one officer may be used in the contest of the election of any other officer
voted for at the same election and contested before the Legislature; provided, that notice
that such evidence will be used, or offered, shall be given to the party or parties interested
in such other office, so that all parties interested may be...
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19-3-24
Section 19-3-24 Duty of trustee to make inventory; filing of copies; supplemental inventories.
It is the duty of the trustee of an express trust created for the payment of debts, within
20 days after entering upon the execution of such trust, to make an inventory of the entire
trust property so far as the same has come to his possession or knowledge, describing the
real estate and grouping and classifying the personal property in as brief and comprehensive
manner as may be consistent with its proper identification and appraisement, and stating the
amount and character of all choses in action, with the names of debtors, belonging to the
trust. In reducing such inventory to writing, the trustee must leave appropriate spaces opposite
each article or item, with proper caption, in which spaces the appraised value may be inserted
by the appraisers. The trustee must, within the time above stipulated, file, in the office
of the register or clerk of the county in which the most valuable portion...
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28-4-264
Section 28-4-264 Disposition of property seized by officer under warrant generally. When liquors
and beverages and vessels and receptacles are seized by the officer, they shall be held by
him subject to the order of the judge of the district court or the court to which the proceedings
may be carried by appeal, and, upon final judgment in accordance with the procedure prescribed
in this article, must be returned to the lawful owner or owners or be otherwise disposed of
according to law. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4752; Code
1940, T. 29, §221.)...
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32-7-26
Section 32-7-26 Bond as proof of financial responsibility. (a) Proof of financial responsibility
may be furnished by a bond of a surety company duly authorized to transact business in this
state, or by a bond with at least two individual sureties each owning real estate within this
state and together having equities equal in value to at least twice the amount of such bond,
which real estate shall be scheduled in the bond and approved both as to title and value by
the judge of probate of the county in which such real estate is located. Such bond shall be
conditioned for payments in amounts and under the same circumstances as would be required
in a motor vehicle liability policy and shall not be cancelable except after 10 days' written
notice to the director. The principal and sureties shall execute and deliver an original and
one copy of such bond and schedule and, in addition, when the real property or any part thereof
listed or described in such schedule shall be located in more than...
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43-2-113
Section 43-2-113 Executor de son tort. No person is liable to an action, as executor of his
own wrong, for having taken, received or interfered with the property of a deceased person
but is liable to the executor or administrator for the value of all the property so taken
or received and for all damages caused by his act to the estate of the deceased; but the provisions
of this section must not be construed so as to prevent any creditor from maintaining a civil
action against anyone in possession of property fraudulently transferred by such deceased
person. (Code 1852, §1933; Code 1867, §2292; Code 1876, §2636; Code 1886, §2271; Code
1896, §340; Code 1907, §2801; Code 1923, §6040; Code 1940, T. 61, §117.)...
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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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12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
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17-16-58
Section 17-16-58 Ballots may be examined. In all contests of elections before the judge of
probate or the circuit court, the judge presiding is authorized to make an examination of
the ballots given or rejected in the election so far as the judge may deem it necessary to
arrive at a correct judgment, and may make and enforce by attachment all necessary orders
to obtain possession of the same, and must make all proper orders necessary for the return
of the ballots to the proper custody after same have been examined by him or her. (Code 1896,
§1699; Code 1907, §473; Code 1923, §563; Code 1940, T. 17, §249; §17-15-31; amended and
renumbered by Act 2006-570, p. 1331, §83.)...
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36-12-26
Section 36-12-26 Proceedings for recovery of papers, property, etc., by successor to office
upon death of incumbent, etc. If any person holding any office in this state dies or his office
in any way becomes vacant and any books, papers or property belonging or appertaining to such
office come into the possession of any person, the qualified successor to such office may,
in the manner before prescribed in Sections 36-12-20 through 36-12-25, demand such books,
papers or property from the person having the same in his possession; and, on the same being
withheld, an order may be obtained and the person charged may, in like manner, make oath of
the delivery of all such books, papers and property that ever came into his possession; and,
in case of his failure to make such oath and to deliver up the books, papers or property so
demanded, such person shall be committed to jail and a search warrant may be issued and the
books, papers, or property seized by virtue thereof and delivered to the...
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36-14-13
Section 36-14-13 Acts and resolutions of Legislature - Distribution of additional copies, and
sale of surplus copies; electronic distribution. (a) The Secretary of State must also transmit
to the chair of the county commission and the judges of probate of each county, for such judge,
each member of the Legislature, clerk of any court of record, sheriff, and register of the
circuit court, one copy of each volume. The remaining copies must be sold as other books and
documents, the property of the state, at a price to be established by the Secretary of State,
and the proceeds thereof paid into the Treasury. (b)(1) In lieu of binding and distributing
copies of each volume of acts and resolutions as required under subsection (a), the distribution
may be made by electronic means, including the posting of the acts and resolutions on the
public website of the Secretary of State. (2) If the Secretary of State elects to distribute
copies of each volume of acts and resolutions by electronic means...
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