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17-16-65
Section 17-16-65 Tried by joint convention of House and Senate. The two houses of the Legislature,
in joint convention assembled, and presided over by the Speaker of the House of Representatives,
shall constitute the tribunal for the trial of all contests for the office of Governor, Secretary
of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries,
justices of the Supreme Court, or judges of the courts of appeals and such joint convention
shall fix a day for the trial, which may be adjourned from day to day, and from time to time,
as may be determined by the joint convention. A majority of the joint convention shall be
competent to try all issues involved in the contest and render judgment on all questions arising
during the progress of the trial, including a final judgment on the contest. The proceedings
of the joint convention, as well as all judgments rendered, shall be entered upon the journals
of the Senate and the House of Representatives, and...
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26-2-45
Section 26-2-45 Procedure generally - Entry of decree, recordation of proceedings and appointment
of conservator by court upon rendition of verdict of jury. If the jury find by their verdict
that the facts alleged in the petition are true and that such person is incapacitated, the
court shall enter a decree accordingly, and must cause the petition and all the proceedings
thereon to be recorded and appoint a suitable conservator of such person. (Code 1852, §2753;
Code 1867, §3192; Code 1876, §2760; Code 1886, §2395; Code 1896, §2260; Code 1907, §4350;
Code 1923, §8108; Code 1940, T. 21, §14; Acts 1982, No. 82-384, p. 561, §2; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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26-2-51
Section 26-2-51 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Contents of application, etc. At any time after the inquisition,
the person ascertained to be incapacitated, by himself or herself or by next friend, may apply
in writing to the court of probate for a revocation of the proceedings against him or her
and of the letters of guardianship or conservatorship, the application to be accompanied by
the certificate in writing of two physicians or of two other competent persons stating that,
after examination of such person, they believe the person's incapacity has terminated. (Code
1852, §2758; Code 1867, §2197; Code 1876, §2804; Code 1886, §2397; Code 1896, §2262;
Code 1907, §4352; Code 1923, §8110; Code 1940, T. 21, §16; Acts 1987, No. 87-590, p. 975,
§2-333(b).)...
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26-5-10
Section 26-5-10 Final settlement generally - Examination of vouchers and auditing and stating
of account; taxing of costs for contest or examination where voucher or items rejected. On
the day appointed or on any other day to which the settlement may be continued, the court
must proceed to examine the vouchers and to audit and state the account, requiring evidence
in support of all such vouchers or items of the account as may be contested or as may not
on examination appear to the court to be just and proper, such evidence to be taken by affidavit
or in any other legal mode. If any voucher or item be rejected, all costs accruing on the
contest or examination thereof must be taxed against the conservator or his or her personal
representative and not against the ward or his or her estate. (Code 1886, §2462; Code 1896,
§2347; Code 1907, §4437; Code 1923, §8210; Code 1940, T. 21, §137; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
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26-5-38
Section 26-5-38 Proceedings upon appearance; filing of accounts and vouchers, etc., by conservator
or personal representative on appointed day. If, on or before the day so appointed,
the conservator, or the personal representative of the conservator, if the account
is stated against such representative, appears and files his or her accounts and vouchers
for settlement and pays such costs as have accrued under the proceedings, the court must set
aside such proceedings and proceed to settlement in the manner prescribed by law on the accounts
and vouchers so filed. (Code 1886, §2475; Code 1896, §2360; Code 1907, §4450; Code 1923,
§8223; Code 1940, T. 21, §153; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents
- When removal of person and estate of minor or ward permitted. The guardian may remove the
person or the conservator may remove the estate of a minor or ward to another state by making
a full settlement with the judge of the probate court where his or her letters were granted
of his or her conservator accounts and by procuring a transcript of the record of a court
of competent jurisdiction of such other state, certified according to the act of Congress,
showing the appointment of such person as guardian or conservator of the minor or ward, the
execution of bond by the conservator with surety for the performance of the trust. Thereupon,
the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code
1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469;
Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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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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26-9-2
Section 26-9-2 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PERSON. A partnership, corporation, or an association. (2) ADMINISTRATION. The United
States Veterans' Administration or its successor. (3) ESTATE and INCOME. Such terms include
only moneys received by the guardian from the Veterans' Administration and all earnings, interest,
and profits derived therefrom. (4) BENEFITS. All moneys payable by the United States through
the Veterans' Administration. (5) ADMINISTRATOR. The Administrator of Veterans' Affairs of
the United States Veterans' Administration. (6) WARD. A beneficiary of the administration.
(7) GUARDIAN. Any person acting as a fiduciary for a ward and includes a conservator appointed
under Alabama Uniform Guardianship and Protective Proceedings Act. (Acts 1931, No. 240, p.
280; Code 1940, T. 21, §160; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-851
Section 43-2-851 Bond. (a) The court must require a personal representative or special
administrator to furnish bond payable to the judge of probate conditioned upon faithful discharge
of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise
directed, the bond must be in the amount of the aggregate capital value of the property of
the estate in the personal representative's control, plus one year's estimated income,
and minus the value of securities deposited under arrangements requiring an order of the court
for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844,
lacks power to sell or convey without court authorization. The court, in lieu of sureties
on a bond, may accept other collateral for the performance of the bond, including a pledge
of securities or any other assets or a mortgage of land. (b) The court may at any time reduce
the bond of the personal representative or require the personal...
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12-16-197
Section 12-16-197 Issuance of subpoenas for witnesses for grand jury generally; proceedings
upon failure of witnesses summoned to attend. The district attorney, the foreman of the grand
jury or the clerk of the court, on the application of the grand jury, must issue subpoenas
for any witnesses whom they may require to give evidence before them, and if witnesses so
summoned fail to attend, the subpoenas must be returned to the court, with the default thereon
endorsed, signed by the foreman, and the same proceedings may thereupon be had against them
as against defaulting witnesses, the endorsement of the foreman being presumptive evidence
of the default. (Code 1852, §551; Code 1867, §4101; Code 1876, §4774; Code 1886, §4347;
Code 1896, §5033; Code 1907, §7294; Code 1923, §8676; Code 1940, T. 30, §83.)...
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