25-5-83
Section 25-5-83 Commutation of compensation to lump sum payments. By agreement of the parties
and with approval of the court, the amounts of compensation payable periodically, under this
article and Article 4 of this chapter, may be commuted to one or more lump sum payments. No
commutation shall be approved by the court unless the court is satisfied that it is in the
best interest of the employee or the employee's dependent, in case of death, to receive the
compensation in a lump sum rather than in periodic payments. In making the commutations, the
lump sum payment shall, in the aggregate, amount to a sum equal to the present value of all
future installments of compensation calculated on a six percent basis. (Acts 1919, No. 245,
p. 206; Code 1923, §7573; Acts 1939, No. 661, p. 1036, §6; Code 1940, T. 26, §299; Acts
1949, No. 36, p. 47; Acts 1957, No. 336, p. 437; Acts 1969, No. 233, p. 557, §4; Acts 1975,
4th Ex. Sess., No. 86, p. 2729, §9; Acts 1992, No. 92-537, p. 1082, §27.)...
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43-2-296
Section 43-2-296 Trial. On the day specified in the citation, or after publication as required,
or on any day thereafter to which the hearing may be continued, the court must proceed to
hear the evidence, and may, in its discretion, examine the parties; and when the application
charges embezzlement, waste or any other maladministration of the estate, either party is
entitled to a trial by jury. (Code 1852, §§1703, 1704; Code 1867, §§2024, 2025; Code 1876,
§§2393, 2394; Code 1886, §2050; Code 1896, §97; Code 1907, §2571; Code 1923, §5794;
Code 1940, T. 61, §184.)...
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43-2-644
Section 43-2-644 When distribution made; limit on amount. On the day appointed, or on any other
day to which the application may be continued, if the court is satisfied from the evidence
that the assets are more than sufficient to pay the debts and charges, it may make an order
of distribution for such portion of the distributive share of the applicant as may be authorized
by the evidence; but, in making such order, the court must not exceed the share to which the
applicant would be entitled on a final settlement and distribution. (Code 1852, §§1781,
1782; Code 1867, §§2108, 2109; Code 1876, §§2485, 2486; Code 1886, §2202; Code 1896,
§270; Code 1907, §2728; Code 1923, §5967; Code 1940, T. 61, §369.)...
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12-16-140
Section 12-16-140 Procedure generally. In all civil actions triable by jury, either party may
demand a struck jury and must thereupon be furnished by the clerk with a list of 24 jurors
in attendance upon the court, from which a jury must be obtained by the parties or their attorneys
alternately striking one from the list until 12 are stricken off, the party demanding the
jury commencing. The jury thus obtained must not be challenged for any cause, except bias
or interest as to the particular case. (Code 1852, §2264; Code 1867, §2668; Code 1876, §3018;
Code 1886, §2752; Code 1896, §2656; Code 1907, §4635; Code 1923, §8663; Acts 1932, Ex.
Sess., No. 35, p. 34; Code 1940, T. 30, §54.)...
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19-3-21
Section 19-3-21 Contents of application; notice of hearing. The application must be in writing,
verified by affidavit, must state the nature and character of the trust and of the interest
of the applicant therein and must state, in the opinion of the applicant, said interest is,
or will be endangered, if bond with sureties is not required of such trustee; and, on the
filing of such petition, the register or clerk must appoint a day for the hearing thereof,
of which not less than five days' notice, by the service of summons to appear and answer,
must be given the trustee, if he resides in the state, and if he resides without the state,
notice must be given by publication for three successive weeks in some newspaper published
in the county, if there be such paper, and if there be not, in the paper published nearest
to such county. (Code 1886, §3550; Code 1896, §4153; Code 1907, §6055; Code 1923, §10392;
Code 1940, T. 58, §9.)...
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43-2-391
Section 43-2-391 Notice and hearing. Such application must not be heard until 10 days after
the filing thereof, and notice thereof may be given to some person adversely interested whenever
the court may deem just. When, or at such time as the court may continue the hearing, the
court, satisfied that the claim is bad or doubtful, and that a sale or compromise thereof
will promote the interests of the estate, must make and enter a decree directing the sale
or compromise of the claim, as may be best for the interests of the estate. If a sale is decreed,
it must be made by the executor or administrator at the courthouse of the county, or such
other place as the court may direct, at public outcry to the highest bidder for cash, after
having first given notice of the time and place thereof by publication, once a week for three
successive weeks, in some newspaper published in the county, or if none is published therein,
by posting notices for three weeks at the courthouse door, and three...
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6-10-84
Section 6-10-84 Proceedings on failure of appraisers to set apart exemptions or to appraise
homestead. If, for more than 20 days after the grant of administration, the appraisers should
fail to set apart the personal property exempt in favor of the surviving spouse and
minor child or children, or either, or to appraise the homestead or to make the report in
reference to the homestead required in Section 6-10-82, then, upon the written application
of the surviving spouse or of the guardian of the minor child or children, the probate court
shall appoint three commissioners who shall, as soon as practicable thereafter not exceeding
30 days, set apart the personal property exempt and appraise the homestead in the manner
required of the appraisers; and, if practicable, they shall also allot and set off the homestead
exemption in the manner provided in Section 6-10-83. Within 10 days thereafter they shall
report to the court in writing the personal property set apart, with the value of each...

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6-10-85
Section 6-10-85 How exemption in lieu of homestead claimed and set apart. When an exemption
of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing,
duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child
or children, or either, as the case may be, in the probate court having jurisdiction of the
administration of the estate, setting forth the facts authorizing such exemption, describing
the real estate out of which the exemption is claimed and stating its value. Thereupon the
court shall appoint three commissioners who shall set off and allot the same by metes and
bounds; and, within 10 days thereafter, they shall make a written report to the court of the
exemption set off and allotted by them. (Code 1886, §2553; Code 1896, §2083; Code 1907,
§4210; Code 1923, §7932; Code 1940, T. 7, §675.)...
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6-6-7
Section 6-6-7 Arbitrators - Power to subpoena witnesses, administer oaths and take depositions.
The arbitrators, or either of them, have power to subpoena witnesses at the request of either
of the parties and to administer all oaths which may be necessary in the progress of the case
and must, on the application of either party, issue commission to take the deposition of any
witness residing out of the county, which must be taken in the same manner as depositions
in the circuit court. (Code 1852, §2717; Code 1867, §3156; Code 1876, §3544; Code 1886,
§3229; Code 1896, §516; Code 1907, §2916; Code 1923, §6164; Code 1940, T. 7, §837.)...

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15-5-5
Section 15-5-5 Issuance of warrant. If the judge or the magistrate is satisfied of the existence
of the grounds of the application or that there is probable ground to believe their existence,
he must issue a search warrant signed by him and directed to the sheriff or to any constable
of the county, commanding him forthwith to search the person or place named for the property
specified and to bring it before the court issuing the warrant. (Code 1852, §830; Code 1867,
§4381; Code 1876, §4010; Code 1886, §4731; Code 1896, §5488; Code 1907, §7761; Code 1923,
§5475; Code 1940, T. 15, §104.)...
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