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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35-6-45
Section 35-6-45 Decree for partition; appointment of commissioners; minors' interests considered.
If, upon the hearing, the court is satisfied from the proof that the property described in
the application is held and owned jointly, or in common, it must decree the same to be divided
or partitioned among the joint owners or tenants in common, according to their respective
interests therein; and to effect such division or partition, it must appoint suitable commissioners,
not more than five, any three of whom may act; but if the application is for the partition
of lands, and any of the parties interested are minors, the court, before granting the application,
must be satisfied by evidence taken as in actions before the circuit court that it is to the
interest of such minors that the partition be made. (Code 1867, §3108; Code 1876, §3502;
Code 1886, §3241; Code 1896, §3166; Code 1907, §5208; Code 1923, §9308, Code 1940, T.
47, §197.)...
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35-6-59
Section 35-6-59 Sale instead of partition - Time for hearing. Upon the filing of such application,
setting forth that the property cannot be equitably divided or partitioned, without a sale
thereof, a day must be appointed, not less than 30 days thereafter for hearing the same. (Code
1867, §3121; Code 1876, §3515; Code 1886, §3254; Code 1896, §3179; Code 1907, §5223;
Code 1923, §9323; Code 1940, T. 47, §211.)...
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26-8-51
Section 26-8-51 Sale of property to effect removal thereof from state - Disposition of proceeds
from sale; compensation of commissioner. The commissioner must, as soon as practicable after
the receipt of the purchase money for the property sold by him or her, pay the same to the
judge of probate or register or clerk, as the case may be, of the court ordering the sale,
and such money must be retained and safely kept by such judge or register or clerk until the
sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must be,
by such judge or register or clerk, returned to the purchaser. If the sale is confirmed, such
money must be by such officer paid over to the foreign conservator entitled to receive the
same, after deducting therefrom the costs and expenses attending the sale, including compensation
to the commissioner in the amount of two and one-half percent upon the proceeds of such sale,
but in no case more than $100. (Code 1896, §2385; Code 1907,...
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27-2-52
Section 27-2-52 Offices, equipment, and personnel; operating expenses. The Commissioner of
Insurance shall furnish offices, equipment, operating expenses, and necessary personnel to
maintain and operate the Receivership Division. The operating expenses of said division shall
as far as practical be paid from the receiverships as administrative expenses on a pro rata
basis, such expenses to be verified by the receiver to the receivership court having jurisdiction
and paid on order of said court into the Special Examination Revolving Fund provided for in
Section 27-2-25. To the extent of and limited to the funds paid into said revolving fund from
receiverships, the Commissioner of Insurance is hereby authorized to draw upon said revolving
fund on proper voucher, to pay for salaries, expenses, rent or equipment, or portion thereof,
for the proper operation of the Receivership Division. Expenses and salaries not recoverable
from receivership funds may be paid from funds appropriated to the...
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35-6-54
Section 35-6-54 Costs and expenses. The probate court must ascertain the costs and expenses
attending the division, and make a record thereof, stating distinctly each item of such costs
and expenses; and if the same are not paid within 30 days after the allotment, an execution
may be issued against each of the persons to whom the land was allotted, for his aliquot portion
thereof, which must be directed to the sheriff, to be levied as other executions, and may
be levied on the land so allotted to him. (Code 1852, §2689; Code 1867, §3117; Code 1876,
§3511; Code 1886, §3250; Code 1896, §3175; Code 1907, §5218; Code 1923, §9318; Code 1940,
T. 47, §207.)...
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36-5-63
Section 36-5-63 Approval and filing of new bond upon execution thereof. On the execution of
the additional bond provided for in this division, the same must be approved and filed with
the application and requisition with the first official bond. (Code 1852, §148; Code 1867,
§187; Code 1876, §201; Code 1886, §296; Code 1896, §3128; Code 1907, §1544; Code 1923,
§2678; Code 1940, T. 41, §127.)...
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2-10-56
Section 2-10-56 Contents of articles of incorporation; signing, acknowledgment and filing.
Each association formed under this article shall prepare and file articles of incorporation,
setting forth: the name of the association; the purposes for which it was formed; the place
where its principal business will be transacted; the term for which it is to exist; the number
of directors thereof, which must not be less than five and may be any number in excess thereof;
the term of office of such directors; the names and addresses of the persons who are to serve
as incorporating directors until their successors are elected and qualified; if organized
without capital stock, whether the property rights and interest of each member shall be equal
or unequal, and, if unequal, the articles shall set forth the general rule or rules applicable
to all members by which the property rights and interests, respectively, of each member may
and shall be determined and fixed, and the association shall have...
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24-11-10
Section 24-11-10 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The department shall
report to the Fiscal Division of the Legislative Services Agency on an annual basis the total
annual number of deductions claimed and total amount of deposits deducted pursuant to this
chapter, and the number of taxpayers who claimed a first-time and second chance home buyer
deduction that did not expend the funds pursuant to subsection (e) of Section 24-11-7, or
were subjected to the penalty provisions of Section 24-11-8. (Act 2018-467, §2.)...
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38-2-11
Section 38-2-11 Photographic reproductions of books, records, papers or other documents of
state department. (a) Commissioner authorized to make reproductions and destroy originals.
The Commissioner of Human Resources of the State of Alabama is authorized to make or to have
made microfilm copies, photostatic copies or other similar photographic reproductions of all
books, records, papers or other documents required to be maintained or kept by the Department
of Human Resources or any agency, division or employee thereof. The Commissioner of Human
Resources is authorized to destroy or cause to be disposed of any books, records, papers or
other documents which have been microfilmed, photostated or otherwise photographed. Such microfilms,
photostats or other photographs shall be retained and kept in lieu of such books, records,
papers or documents required to be kept or maintained. (b) Effect of reproductions; certification;
admission in evidence. Such microfilm copies, photostatic copies...
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