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43-2-293
Section 43-2-293 Application for removal or additional bond. Application for the removal of
any executor or administrator, or for an additional bond, must be in writing, verified by
oath, must specify the grounds of complaint and must be made to the court from which letters
issued, or in which the administration is pending; and may be made by any creditor, legatee,
devisee, heir or distributee, or by any coexecutor, coadministrator or the sureties, or any
of them. (Code 1852, §§1698, 1699; Code 1867, §§2019, 2020; Code 1876, §§2388, 2389;
Code 1886, §2047; Code 1896, §94; Code 1907, §2568; Code 1923, §5791; Code 1940, T. 61,
§181.)...
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43-2-557
Section 43-2-557 Proceedings on final settlement of account. On the day appointed for auditing
such account, any person may attend on the part of such executor or administrator or, if dead,
of his personal representative or, in case of his removal from the state, his sureties and
show that he is entitled to additional credits; and any person interested may attend and contest
any item of such account or in any previous account, or may show assets not accounted for,
or that such executor or administrator has failed to collect any assets from want of due diligence,
or that, by any abuse of or failure to discharge his trust, such assets, or any portion thereof,
have been injured, destroyed or depreciated; and, in case of such proof, the executor or administrator
or, if dead, his personal representative or, in case of his removal from the state, his sureties
must be charged therewith. On such settlements, decrees must be rendered as upon like settlements
voluntarily made. (Code 1852,...
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45-49-120.27
Section 45-49-120.27 Certification of payroll. (a) It shall be unlawful for any county or city
official, officer, or employee, or any other officer, to pay or to cause to be paid any salary
or compensation to any person in the classified service for personal services unless the payroll,
estimate, voucher, or account for salary or compensation, containing the name of the person
to be paid shall bear the certification of the personnel director or the financial officer
of the jurisdiction where the employee is employed, that the person or persons named therein
are legally entitled to receive the sums stated therein. Any sum paid contrary to this part
or of any rule, regulation, or order thereunder may be recovered in an action maintained in
the name of the county or city or jurisdiction by the applicable county or city attorney or
by any citizen or taxpayer of the jurisdiction, from any officer who made, approved, or authorized
the payment or who signed or countersigned a voucher,...
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8-6-147
Section 8-6-147 Assent of owner; discharge from claims. (a) A registering entity is not required
to offer or to accept a request for security registration in beneficiary form. If a registration
in beneficiary form is offered by a registering entity, the owner requesting registration
in beneficiary form assents to the protections given to the registering entity by this article.
(b) By accepting a request for registration of a security in beneficiary form, the registering
entity agrees that the registration will be implemented on death of the deceased owner as
provided in this article. (c) A registering entity is discharged from all claims to a security
by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer
of a security in accordance with Section 8-6-146 and does so in good faith reliance (1) on
the registration, (2) on this article, and (3) on information provided to it by affidavit
of the personal representative of the deceased owner, or by the...
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11-40-64
Section 11-40-64 Nature of rights and remedies. (a) Any Class 2 municipality to which this
article applies may proceed with judicial in rem foreclosures of municipal code liens in accordance
with the provisions of this article by enactment of an ordinance or resolution of the governing
authority of the Class 2 municipality in which the real property is located which ordinance
or resolution shall be sufficient authority for use of this article by the Class 2 municipality
to enforce its municipal code liens. (b) The ordinance of a Class 2 municipality authorizing
and approving the use of this article shall include all the following matters: (1) The initial
effective date for application of these procedures. (2) If the Class 2 municipality elects
not to apply these procedures to all real properties as of the same future date, then the
phase-in of these procedures over a period of time and the manner of determination of which
real properties are subject in which sequence to these...
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12-13-15
Section 12-13-15 Chief clerk of probate court - Acts which may be performed by chief clerk
during vacancy in office of probate judge; authority, compensation and liability of chief
clerk for acts performed during such vacancy. Whenever a vacancy shall occur in the office
of the probate judge, the chief clerk in that office, appointed and qualified as authorized
by law, shall, during such vacancy and until the qualification of a lawful successor, perform
all the duties of that office which he is authorized by law to perform when there is no vacancy,
but must not receive money on decrees or executions or become the custodian of trust funds
pertaining to the court. He may make all necessary orders for the continuances of cases and
proceedings pending in the court. All such duties are to be performed, during such vacancy,
by such chief clerk in his own name as clerk of the probate court, and he is entitled to the
lawful fees therefor. For his official acts under this article, such chief...
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26-8-46
Section 26-8-46 Removal of property or money when minor or ward and conservator nonresidents
- Transcript showing appointment as conservator of minor or ward in state of residence, etc.;
notice to resident administrator, guardian, etc.; entry of order authorizing removal of property
to state of residence. The conservator must produce a transcript from the records of a court
of competent jurisdiction, certified according to the act of Congress, showing that he or
she has been appointed conservator of the minor or ward in the state in which he or she and
the minor or ward reside and has duly qualified as such according to the laws thereof and
given bond, with surety, for the performance of his or her trust; and must also give 10 days'
notice to the resident executor, administrator, or conservator, if there is such, of the intended
application. Thereupon, if good cause is not shown to the contrary and the judge of probate
shall be satisfied, upon proof being made, that it will be for the...
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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond. If
at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice
and hearing, that the defendant has violated the terms of any such order of support or the
terms of any such probation bond, said judge may forthwith, or after further probation, make
and enter an order setting aside such suspension of said judgment and sentence, and may issue
a warrant for the arrest of such defendant, and may, upon such arrest, commit him to jail
or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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6-10-27
Section 6-10-27 Contest of exemption claim - Delivery of personalty to defendant upon executing
bond; proceedings when bond not forthcoming. (a) When any contest of a claim of exemption
to personal property has been instituted, the defendant claiming the exemption may, within
five days after service of notice of the contest, deliver to the officer making the levy a
bond in double the amount of the value of the property, to be fixed by, and with sureties
to be approved by, the officer, payable to the plaintiff and conditioned that if the defendant
is not successful in the contest, he or she will, within 30 days thereafter, deliver the property
to such officer and will pay all costs and damages that may result from its detention. Thereupon,
the property shall be delivered to the defendant. (b) If the defendant fails to deliver such
bond within the five days allowed him or her and the plaintiff shall, within five days thereafter,
deliver to the officer a bond in the amount, and with the...
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43-2-505
Section 43-2-505 Time for settlement; notice generally. (a) Upon the filing of such account,
vouchers, evidence, and statement, the judge of probate must appoint a day for such settlement,
and must give notice of the same, by publication in some newspaper published in the county,
for three successive weeks; or, if none is published in the county, by posting such notice
at the courthouse and three other public places in such county, for the same length of time;
but if the settlement be only an annual one, publication shall only be given by posting up
notices as above provided. If the settlement is a final one, the probate judge must also give
10 days' notice of the day set for making the settlement to every adult distributee resident
in the state whose place of residence is known or can be ascertained with reasonable diligence,
and to all sureties on the bond of the administrator or executor. (b) Such notice must state
the name of the executor or administrator, the name of the deceased,...
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