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36-12-26
Section 36-12-26 Proceedings for recovery of papers, property, etc., by successor to
office upon death of incumbent, etc. If any person holding any office in this state dies or
his office in any way becomes vacant and any books, papers or property belonging or appertaining
to such office come into the possession of any person, the qualified successor to such office
may, in the manner before prescribed in Sections 36-12-20 through 36-12-25, demand such books,
papers or property from the person having the same in his possession; and, on the same being
withheld, an order may be obtained and the person charged may, in like manner, make oath of
the delivery of all such books, papers and property that ever came into his possession; and,
in case of his failure to make such oath and to deliver up the books, papers or property so
demanded, such person shall be committed to jail and a search warrant may be issued and the
books, papers, or property seized by virtue thereof and delivered to the...
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12-13-18
Section 12-13-18 Failure of clerk, etc., to deliver books, papers, money, etc., to successor
of probate judge. Any clerk or person in the office of the probate judge who obtains possession
of the books, papers, money or property belonging or appertaining to such office pending a
vacancy therein and who fails or refuses on demand to deliver such books, papers, money or
property to the lawfully qualified successor of the probate judge must, on conviction, be
fined not less than $200.00. (Code 1896, §5159; Code 1907, §7460; Code 1923, §5052; Code
1940, T. 13, §303.)...
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36-12-23
Section 36-12-23 Proceedings for recovery of papers, property, etc., by successor to
office generally - Imprisonment of person charged with withholding papers, property, etc.,
upon failure to make affidavit, etc. If the person complained against does not make such affidavit
and it appears that any such books, papers or property are withheld, the officer before whom
the proceedings are had shall, by warrant, commit the person so withholding to the jail of
the county, there to remain until he delivers such books, papers or property or is otherwise
discharged by law. (Code 1852, §157; Code 1867, §196; Code 1876, §209; Code 1886, §304;
Code 1896, §3136; Code 1907, §1552; Code 1923, §2686; Code 1940, T. 41, §135.)...
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36-12-21
Section 36-12-21 Proceedings for recovery of papers, property, etc., by successor to
office generally - Filing of complaint; issuance of order to person refusing, etc., to deliver
papers, etc., to show cause why delivery of same should not be compelled. If any person refuses
or neglects, after demand made, to deliver over any books, papers or property as required
in Section 36-12-20, his successor may make complaint thereof to the judge of the circuit
court or judge of the probate court of the county in which the person refusing resides; and,
if such officer is satisfied by the oath of the plaintiff and such other evidence as may be
offered that any such books, papers or property are withheld, he shall grant an order requiring
the person so refusing to show cause before him, on a day and at a place named in such order,
why he should not be compelled to deliver the same. (Code 1852, §155; Code 1867, §194; Code
1876, §207; Code 1886, §302; Code 1896, §3134; Code 1907, §1550; Code...
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36-12-22
Section 36-12-22 Proceedings for recovery of papers, property, etc., by successor to
office generally - Hearing; termination of proceedings against person charged with withholding
papers, property, etc., upon making of affidavit. At the time so appointed or at any other
time to which the matter may be adjourned, a copy of such order having been personally served
on the person so refusing, such officer shall proceed to inquire into the circumstances. If
the person charged with withholding such books, papers or property makes affidavit before
such officer that he has delivered over to his successor all such books, papers and property
in his custody or appertaining to such office, all further proceedings against him shall cease.
(Code 1852, §156; Code 1867, §195; Code 1876, §208; Code 1886, §303; Code 1896, §3135;
Code 1907, §1551; Code 1923, §2685; Code 1940, T. 41, §134.)...
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36-12-24
Section 36-12-24 Proceedings for recovery of papers, property, etc., by successor to
office generally - Issuance of warrant for search and seizure of papers, property, etc., upon
failure of person charged with withholding same to make affidavit, etc. In the case stated
in Section 36-12-23, if required by the plaintiff, such officer shall also issue his
warrant, directed to any lawful officer, commanding him in the daytime to search such places
as may be designated in such warrant for such books, papers and property as belonged and appertained
to the office vacated and to seize and bring them before the officer issuing such warrant.
(Code 1852, §158; Code 1867, §197; Code 1876, §210; Code 1886,
§305; Code 1896, §3137; Code 1907, §1553; Code 1923, §2687;
Code 1940, T. 41, §136.)...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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6-6-597
Section 6-6-597 Addition of person rightly entitled to office; entry of judgment on
such right; delivery of books, papers, and property. (a) When the action is commenced against
a person for usurping an office, the name of the person rightly entitled to the office, with
a statement of his right thereto, may be added, and, when added, judgment may be entered upon
the right of the defendant and also upon the right of the party so alleged to be entitled
or only upon the right of the defendant, as justice may require. (b) If judgment is entered
upon the right of the person so alleged to be entitled and the same is in favor of such person,
he is entitled, after taking the oath of office and executing such official bond as may be
required, to take upon himself the execution of the office, and it is his duty, immediately
thereafter, to demand of the defendant all the books, papers, and property in his custody,
or within his power, belonging to the office. On refusal or neglect to deliver over...
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40-15-7
Section 40-15-7 Nonresident decedents. (a) Except as herein otherwise provided, all
of the provisions of this chapter shall be applicable to so much of the estates of nonresident
decedents as is subject to estate tax under the act of Congress in effect at the time of the
death of decedent as consists of real estate or tangible personal property located within
this state or other items of property or interest therein lawfully subject to the imposition
of an estate tax by the State of Alabama. (b) In assessing the tax upon any real estate or
tangible property located within this state belonging to the estate of a nonresident decedent,
which shall pass by will, devise or by the laws of intestacy, the Department of Revenue shall
determine the tax due to be such proportion of the federal estate tax as would be leviable
upon an estate of similar taxable net value, less that proportion of any exemption to which
the estate is entitled, which the actual value of the real estate and tangible...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate
judge: (1) To issue all citations, letters testamentary, of administration and guardianship,
subpoenas, executions and all other process which is necessary for the exercise of his powers,
the jurisdiction of the court and the enforcement of its judgments, orders and decrees. (2)
To keep minutes of all his official acts and proceedings and, within three months thereafter,
to record the same in well-bound books. (3) To keep all the books, papers and records belonging
to his office with care and security, the papers arranged, filed and labeled so as to be of
easy reference and the books and records lettered and kept with general, direct and reverse
indexes, but, without the authority of the county commission, he shall not make new indexes.
(4) To keep constantly in his office a well-arranged docket, showing the date of the issue
and return of all process, the day set for the hearing, the kind of...
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