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42-2-7
Section 42-2-7 Commissioners for assessment of damages and compensation - Appointment;
notice to commissioners; duties. If the application is granted, the judge of probate must
appoint three citizens of the county in which the lands sought to be condemned are situated,
who shall possess the qualifications of jurors, who shall be disinterested and who shall be
required to file a certificate along with their award that neither of them had ever been consulted,
advised with or approached by any person in reference to the value of the lands or the proceedings
to condemn the same, prior to the assessment of the damages, and that they knew nothing of
the same before their appointment. The judge of probate is authorized to fill any vacancy
occasioned by the death, resignation, failure to act or any disqualification of any such commissioners
from interest, prior knowledge of the subject matter or by being consulted, advised with or
approached in reference to the condemnation of such lands prior...
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43-2-723
Section 43-2-723 Discretion of court upon failure of creditors to attend. If none of
the creditors attend at the time appointed or if, from any other cause, no appointment of
such administrator is made, the court may, in its discretion, continue the former executor
or administrator or may appoint any fit person, or the general administrator of the county
or, should there be none, the sheriff of the county, to administer the estate according to
the provisions of this division. (Code 1852, §1845; Code 1867, §2194; Code 1876, §2566;
Code 1886, §2235; Code 1896, §303; Code 1907, §2771; Code 1923, §6010; Code 1940, T. 61,
§397.)...
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43-2-740
Section 43-2-740 Time and manner of filing claims - Generally. Every person having any
claim against the estate declared insolvent must file the same in the office of the judge
of probate as provided by subsection (b) of section 43-2-350. Any defect or insufficiency
in the affidavit may be supplied by amendment at any time. And when, prior to the declaration
of insolvency, a claim has been filed in the office of the judge of probate, as required by
said section, such claim shall be considered as duly filed under this section.
(Code 1852, §1847; Code 1867, §2196; Code 1876, §2568; Code 1886, §2238; Code 1896, §306;
Code 1907, §2774; Code 1923, §6013; Acts 1931, No. 721, p. 839; Code 1940, T. 61, §400.)...
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43-2-84
Section 43-2-84 Bond of applicant when administration committed to general administrator
or sheriff. (a) When administration is committed to the general administrator or sheriff,
on the application of a third person, such letters must not be granted unless such person
enters into bond, with surety, to be approved by the judge, to pay the fees and allowances
made by the court on such administration, if the property of the estate is insufficient therefor.
(b) If, upon the settlement of an administrator appointed under subsection (a), it appears
that sufficient assets of his intestate have not come to his hands to pay the costs and expenses
legally incurred in his administration, the probate court having jurisdiction of such administration
may enter a judgment and thereon issue execution against the obligors in the bond mentioned
in subsection (a), for any excess due above the assets in the hands of such administrator.
(Code 1852, §1691; Code 1867, §§2011, 2012; Code 1876, §§2373,...
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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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45-28-241.50
Section 45-28-241.50 County revenue commissioner. (a) Commencing with the next term
of office or upon the occurrence of a vacancy, for any reason whatsoever, in either the office
of tax assessor or tax collector, there shall be a county revenue commissioner in Etowah County.
Such commissioner shall be elected at the general election immediately preceding the expiration
of the term of office, and at the general election every six years thereafter. The commissioner
shall serve for a term of six years beginning on the first day of October next after election,
and until the successor is elected and has qualified. (b) The county revenue commissioner
shall do and perform all acts, duties, and functions required by law to be performed by the
tax assessor or by the tax collector of the county relative to the assessment of property
for taxation, the collection of taxes, the keeping of records, and the making of reports concerning
assessment for and the collection of taxes. (c) The county...
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12-18-40
Section 12-18-40 Retirement at age 60; computation; cost-of-living; prior service. On
or after July 30, 1979, any person assuming office for the first time as a justice of the
Supreme Court, judge of a court of appeals or a circuit judge, shall receive and be entitled
to all retirement benefits prescribed in Title 12, Chapter 18, Articles 1 and 2, except as
follows: (1) The provisions of subdivisions (3) and (5) of both subsections (a) and (b) of
Section 12-18-6, to the contrary notwithstanding, except for disability, no such justice
or judge shall be eligible to receive judicial service retirement pay prior to attaining 60
years of age. (2) The retirement pay or benefit of each such justice or judge shall be based
and computed pursuant to the provisions of Section 12-18-10, at the percentage rate
therein prescribed of his final salary received from the state at the time of retirement.
Retired justices and judges coming under this article shall be entitled to receive cost-of-living...
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15-6-20
Section 15-6-20 Examination of complainant and witnesses; form of affidavit. (a) Whenever
complaint is made to a judge of a circuit, district or municipal court that any person has
threatened or is about to commit an offense on the person or property of another, such judge
must examine the complainant and any witness he may produce on oath, reduce such examination
to writing and cause it to be subscribed by the party so examined. (b) The affidavit may be
after the following form: "State of Alabama, ___ County. Before me, ___,a (circuit, district
or municipal) judge (setting out his name and office) in and for said county and state, personally
appeared A. B., who, being duly sworn, deposes and says that C. D. has threatened to assault
and beat him (or is about) to ___ (here set forth the particular offense threatened or about
to be committed) on the person or property of affiant (or E. F., a third person, as the case
may be.) (Signed) A. B. Sworn to and subscribed...
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15-6-21
Section 15-6-21 Arrest warrant. (a) If on examination by the circuit, district or municipal
court judge, it appears that there is reason to fear the commission of any offense by the
person complained of, such judge must issue a warrant directed to any lawful officer of the
state, containing the substance of the complaint and commanding such officer forthwith to
arrest the person complained of and bring him before him or some other judge having jurisdiction
of the matter. (b) The warrant may be after the following form: "State of Alabama, ___
County. To any lawful officer of the state: Complaint on oath having been made before me that
C. D. had threatened to assault and beat A. B. (or is about) to (here set forth particularly
the offense threatened or about to be committed) on the person or property of ______, you
are hereby commanded forthwith to arrest said C. D. and bring him before me (or some other
judge having jurisdiction of the matter, setting forth his name and office)....
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17-16-47
Section 17-16-47 Statement of grounds of contest. When any elector chooses to contest
the election of any person declared to be elected to the office of senator or representative
in the Legislature, judge of the circuit court or district court, any office which is filled
by the vote of a single county, or constable, he or she must make a statement in writing setting
forth specifically: (1) The name of the party contesting and that he or she was a qualified
voter when the election was held. (2) The office which the election was held to fill and the
time of holding the same. (3) The particular grounds of the contest. This statement must be
verified by the affidavit of such contesting party to the effect that the same is believed
to be true. If the reception of illegal votes is alleged as a cause of contest, it is a sufficient
statement of cause to allege that illegal votes were given to the person whose election is
contested, which, if taken from that person, will reduce the number of...
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