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12-18-81
Section 12-18-81 Right of election of probate judges holding office on or after December 27,
1973, to come under provisions of Article 1 of chapter; filing of instrument as to election
with Clerk of Supreme Court, county commission and Secretary-Treasurer of State Employees'
Retirement System; applicability of provisions of Article 1 of chapter to probate judges elected
or appointed to office after October 1, 1976; state and local governing bodies authorized
to pick up member contributions to retirement fund. Each probate judge holding office in the
several counties of Alabama on or after December 27, 1973, and prior to October 1, 1976, shall
have a right to elect to come under the provisions of Article 1 of this chapter in accordance
with the provisions of this article. Each such probate judge who elects to come under the
provisions of article 1 of this chapter shall, prior to the first Monday after the second
Tuesday in January, 1977, file with the Clerk of the Supreme Court of...
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15-18-86
Section 15-18-86 Procedure when condemned female believed pregnant. (a) If there is reason
to believe that a female convict is pregnant, the sheriff must, with the concurrence of a
judge of the circuit court, summon a jury of six disinterested persons, as many of whom must
be physicians as practicable. The sheriff must also give notice to the district attorney or,
in his absence, to any attorney who may be appointed by a circuit judge to represent the state
and who has authority to issue subpoenas for witnesses. (b) The jury, under the direction
of the sheriff or officer acting in his place, must proceed to ascertain the fact of pregnancy
and must state their conclusion in writing, signed by them and the sheriff. If such jury is
of opinion, and so find, that the convict is with child, the sheriff or officer acting in
his place must suspend the execution of the sentence and transmit the finding of the jury
to the Governor. (c) Whenever the Governor is satisfied that such convict is no...
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25-4-95
Section 25-4-95 Appeals from final decisions of board of appeals or appeals tribunal. Within
30 days after the decision of the board of appeals has become final, any party to the proceeding
including the secretary who claims to be aggrieved by the decision may secure a judicial review
thereof by filing a notice of appeal in the circuit court of the county of the residence of
the claimant; except, that if the claimant does not reside in this state at the time the appeal
is taken, the notice of appeal shall be filed in the circuit court of the county in this state
in which the claimant last resided, or in the circuit court of the county in this state wherein
the claimant last worked. In such action, the notice of appeal need not be verified, but shall
state the grounds upon which a review is sought. A copy shall be served upon the secretary
or upon such person as the secretary may designate (and for the purpose hereof, mailing a
copy addressed to the secretary at Montgomery by registered...
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26-5-52
Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to make settlement
in probate court. In any case where a conservator shall die without having made a final settlement
of his or her conservatorship and a successor is appointed, such succeeding conservator or
ward or the cestui que trust may by petition to the court in which such estate is pending
have an order requiring the sureties on such bond to make settlement of such estate in the
court after 10 days' notice of the day fixed by the judge thereof. (Code 1923, §5937; Code
1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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6-6-721
Section 6-6-721 Forfeiture of half of compensation by tax collector, tax assessor, or probate
judge for failure to discharge duties. Any tax collector, tax assessor, or judge of probate
who knowingly and willfully neglects to discharge any of his duties as required in the revenue
law shall forfeit one half of his compensation under that law for the use of the county, which
may be recovered on motion in the circuit court of the county on 10 days' notice. It shall
be the duty of the district attorney to make such motion, but any other person may make it.
(Code 1876, §3394; Code 1886, §3133; Code 1896, §3801; Code 1907, §5937; Code 1923, §10264;
Code 1940, T. 7, §619.)...
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6-9-211
Section 6-9-211 Judgment constitutes lien on property of defendant. Every judgment, a certificate
of which has been filed as provided in Section 6-9-210, shall be a lien in the county where
filed on all property of the defendant which is subject to levy and sale under execution,
and such lien shall continue for 10 years after the date of such judgment; provided, that
when an action or other proceeding to enforce or foreclose said lien is instituted or begun
within said 10 years, but has not been completed, decided, or determined within said 10-year
period, and at the time said action or proceeding is instituted or begun, or lien claimed
therein, a lis pendens notice thereof is filed in the office of the judge of probate of the
county in which said property is situated, the lien provided for in this section shall continue
as to the property upon which said lien is claimed in said action or proceeding and may be
enforced or foreclosed in that action as if said 10-year period had not...
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11-42-61
Section 11-42-61 Notice of passage of resolution and hearing for property owners to show cause
why property should not be subject to taxation. The mayor or other governing head of the city,
within five days of the time he files the certified copy of such resolution with map attached
as provided in section 11-42-60, shall give notice by publication once a week for three sucessive
weeks in some newspaper published in the city to the person or persons owning the land described
in the resolution of the passing of the resolution by the council or governing body, and shall
further state in said notice that a certified copy of the resolution with map attached is
on file in the office of the judge of probate of the county, and shall cite the property owner
or owners (without naming them) to appear before the judge of probate of said county on a
day fixed in the notice, which must not be less than 30 days from the first publication of
the notice, to show cause, if any, why said land or any part...
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12-18-150
Section 12-18-150 (Effective November 8, 2016, subject to contingencies) Definitions. When
used in this article, the following terms shall have the following meanings, respectively,
unless the context clearly indicates otherwise: (1) ACCUMULATED CONTRIBUTIONS. The sum of
all the amounts deducted from the compensation of a member credited to his or her individual
account in the Judges' and Clerks' Plan, together with regular interest thereon. (2) ACTUARIAL
EQUIVALENT. A benefit of equal value when computed upon the basis of the mortality tables
adopted by the Board of Control and regular interest. (3) ANNUITY. Payments for life derived
from the accumulated contributions of a member. All annuities shall be payable in equal monthly
installments. (4) AVERAGE FINAL COMPENSATION. The average annual compensation of a judge or
clerk with respect to which he or she had made contributions pursuant to Section 12-18-152
during the five years in his or her last 10 years of membership service for...
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12-18-7
Section 12-18-7 Filing of declaration as to intention to retire by justices of Supreme Court,
judges of courts of appeals and judges of circuit courts; endorsement and forwarding thereof
by Chief Justice of Supreme Court; oath, powers, duties, etc., of retired justices and judges;
forfeiture of right to receive retirement benefits by certain justices or judges upon failure
to file declaration of intention to retire. (a) Any justice of the Supreme Court or any judge
of one of the courts of appeals or of a circuit court of the state who desires to be retired
pursuant to this article shall file a written declaration relative to his intention to elect
such retirement with the Chief Justice of the Supreme Court, who, upon finding the existence
of the conditions prerequisite to such retirement, shall endorse his findings thereon and
forward said declaration to the Secretary-Treasurer of the Judicial Retirement Fund. (b) The
retiring justice or judge, upon being retired, shall take the oath...
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17-3-55
Section 17-3-55 Refusal of registration - Appeal. Any person to whom registration is denied
shall have the right of appeal, without giving security for costs, within 30 days after such
denial, by filing a petition in the probate court in the county in which he or she seeks to
register, alleging that he or she is a citizen of the United States over the age of 18 years
having the qualifications as to residence prescribed by law and entitled to register to vote
under the provisions of the Constitution of Alabama of 1901, as amended. Upon the filing of
the petition, the clerk of the probate court shall give notice thereof to the district attorney
authorized to represent the state in the county, who shall appear and defend against the petition
on behalf of the state. The registrars shall not be made parties and shall not be liable for
costs. An appeal will lie to the circuit court in favor of the petitioner if taken within
30 days from the date of the judgment pursuant to Section 12-22-20....
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