26-2-46
Section 26-2-46 Procedure where person alleged to be of unsound mind confined in hospital or asylum. If the person alleged to be of unsound mind is a resident of the county and is at the time of the application confined in a hospital or asylum within or without the state, inquisition may be had and taken without notice to him or her , but, on the filing of the application, the court must appoint a guardian ad litem to represent and defend for him or her. It shall be the duty of such guardian by answer to put in issue the facts stated in the application and to employ counsel at the expense of such person of unsound mind to appear and defend him or her. (Code 1876, §2761; Code 1886, §2396; Code 1896, §2261; Code 1907, §4351; Code 1923, §8109; Code 1940, T. 21, §15.)...
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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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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set forth in this section in all cases in which they are applicable, are sufficient, and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge that, before the finding of this indictment, etc. (describing the offense as in the following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales of the capital stock of the X. Y. company (or otherwise describing the security so advertised), which said stock (or other security) had not then...
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6-7-100
Section 6-7-100 Substitution pending an action - Guardian for next friend. If the action is not for a personal injury to the ward, whether the ward is a minor or a person of unsound mind, on the appointment of a guardian pending an action, such guardian may, on application, be substituted for the next friend, and the action must proceed in the name of the guardian for the use of the ward. (Code 1867, §2528; Code 1876, §2895; Code 1886, §2581; Code 1896, §19; Code 1907, §2478; Code 1923, §5688; Code 1940, T. 7, §104.)...
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43-2-448
Section 43-2-448 Duties and compensation of guardian ad litem and special guardian. The person appointed to represent minors, or persons of unsound mind, or unknown parties, must deny in writing the allegations contained in the application, and, if necessary, must employ counsel to defend the interests of those he represents. He is entitled to reasonable compensation, to be fixed by the court, and taxed and collected as costs. (Code 1867, §2224; Code 1876, §2454; Code 1886, §2110; Code 1896, §163; Code 1907, §2627; Code 1923, §5856; Code 1940, T. 61, §251.)...
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35-6-61
Section 35-6-61 Sale instead of partition - Evidence. Evidence in support of such application must be taken as in actions before the circuit court, and before granting the decree of sale the probate court must be satisfied from the evidence that an equitable division or partition cannot be made; and when the application is by the guardian of an infant or person of unsound mind, the court must be satisfied from the evidence that it would be to the interest of such infant, or person of unsound mind, to sell the property for the purpose of division or partition. (Code 1867, §3123; Code 1876, §3517; Code 1886, §3256; Code 1896, §3181; Code 1907, §5225; Code 1923, §9325; Code 1940, T. 47, §213.)...
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35-6-40
Section 35-6-40 Property subject to partition; by whom application made. Any property, real, personal or mixed, held by joint owners or tenants in common, may be divided among them, on the written application of one or more of them to the probate court of the county in which the property is situated; and such application may be made by the executor or administrator of a deceased person in interest, or by the guardian of a minor or person of unsound mind. (Code 1852, §2677; Code 1867, §3105; Code 1876, §3497; Code 1886, §3237; Code 1896, §3161; Code 1907, §5203; Code 1923, §9303; Code 1940, T. 47, §192.)...
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18-2-4
Section 18-2-4 Notice to owner of land on opposite side of stream abutting proposed dam site. If application is filed by the owner of the land on one side of a stream only, notice must be given to the owner of the land on the opposite side by serving him in the same manner as is provided for service of owners in Section 18-1-8, and if the owner be a minor or person of unsound mind, a guardian ad litem must be appointed as provided in Section 18-1A-275. (Code 1852, §§2095-2097; Code 1867, §§2487-2489; Code 1876, §§3561-3563; Code 1886, §§3188, 3189; Code 1896, §§1730, 1731; Code 1907, §§3891, 3892; Code 1923, §§7510, 7511; Code 1940, T. 19, §37.)...
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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.)...
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43-2-445
Section 43-2-445 Notice and hearing generally; time for hearing; appointment of guardian ad litem. (a) The court must appoint a day, not less than 30 days from the time of making such application, for the hearing thereof, and must appoint a proper person, not a petitioner or of kin to a petitioner, as a guardian ad litem, to represent the minors or persons of unsound mind, if any there be, and must issue a citation to the heirs or devisees of full age, and residing in this state, notifying them of the application, and the day appointed for hearing the same, which must be served on them 10 days before the day appointed for the hearing. (b) If such application be for the sale of land for the payment of debts, notice must also be given by publication, once a week for three successive weeks, in some newspaper published in the county, or by posting up notice at the courthouse door and three other public places in the county, at the discretion of the court. If no newspaper is published in...
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