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36-11-10
Section 36-11-10 Proceedings in Supreme Court - Summoning and examination of witnesses generally;
appointment and duties of examiners; conduct of trial. In all original proceedings commenced
under this chapter in the Supreme Court, either party shall have compulsory process to compel
the attendance of witnesses, to be issued by the clerk of the court and served by the marshal
of the court or by any sheriff of the state. Such witnesses shall be sworn and examined on
the trial in open court. The examination of such witnesses shall be conducted and defaulting
witnesses shall be subject to similar proceedings and penalties as in criminal cases in the
circuit court; but, on the written consent of the defendant, the court or a justice thereof,
in term time or vacation, may appoint one or more examiners, whose duty it shall be, jointly
or severally, as may be directed in the order of appointment, to take and certify by such
day as may be fixed in the order of appointment the evidence against...
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15-11-6
Section 15-11-6 Examination of complainant and witnesses. The court before whom any person
is brought charged with a public offense must examine the complainant and the witnesses for
the prosecution on oath, as soon as may be, in the presence of the defendant, and, after the
testimony for the prosecution is heard, the witnesses for the defendant must be sworn and
examined. (Code 1852, §458; Code 1867, §4007; Code 1876, §4677; Code 1886, §4284; Code
1896, §5233; Code 1907, §7598; Code 1923, §5231; Code 1940, T. 15, §133.)...
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43-2-48
Section 43-2-48 Conclusiveness of letters. Letters testamentary or of administration and letters
to a special administrator or to any general administrator, sheriff or coroner, granted by
any court having jurisdiction, are conclusive evidence of the authority of the person to whom
the same are granted, from the date thereof until the same are revoked; and, when granted,
such letters exclude the probate court of every other county from the jurisdiction thereof
and extend to all the property of the deceased in the state. (Code 1852, §1693; Code 1867,
§2014; Code 1876, §2376; Code 1886, §2034; Code 1896, §77; Code 1907, §2530; Code 1923,
§5752; Code 1940, T. 61, §87.)...
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15-11-8
Section 15-11-8 Duty of court to examine all witnesses. In a preliminary examination, it shall
be the duty of the court to examine all witnesses having any knowledge of any facts relevant
to such investigation, whether such witnesses were summoned in behalf of the state or of the
defendant. (Code 1907, §7603; Code 1923, §5236; Code 1940, T. 15, §138.)...
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43-2-43
Section 43-2-43 Renunciation or relinquishment of right to administration. (a) Any person entitled
to administration may relinquish his right thereto in the same manner as executors are authorized
to renounce their appointment. (b) If no person entitled to the administration of the estate,
according to the first three subdivisions of subsections (a) or (b) of section 43-2-42, applies
for letters within 40 days after the death of the intestate is known, the persons so entitled
must be held to have relinquished their right to the administration. (Code 1852, §§1669,
1674; Code 1867, §§1987, 1992; Code 1876, §§2351, 2356; Code 1886, §§2016, 2018; Code
1896, §§58, 60; Code 1907, §§2522, 2524; Code 1923, §§5744, 5746; Code 1940, T. 61,
§§83, 85.)...
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43-2-60
Section 43-2-60 Generally; time of notice. The personal representative must give notice of
the appointment, stating the name of the deceased, the day on which letters were granted,
by what court, stating the county and notifying all persons having claims against the estate
to present the same within the time allowed by law or that the same will be barred. The notice
of appointment, (1) For actual notice as required in section 43-2-61(1), must be given as
soon as practicable after a creditor's identification is known; and (2) For publication notice
as required in section 43-2-61(2), must be given within thirty days from grant of letters.
(Code 1852, §1734; Code 1867, §2057; Code 1876, §2426; Code 1886, §2075; Code 1896, §122;
Code 1907, §2586; Code 1923, §5811; Code 1940, T. 61, §93; Acts 1989, No. 89-811, p. 1618,
§1.)...
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43-2-46
Section 43-2-46 Postponing issuance of letters during time for appeal. When there are contesting
applicants for letters testamentary or of administration, no letters must issue until the
time for taking an appeal from the judgment thereon has passed; and, if such appeal is taken,
no letters in chief must be granted until the appeal is finally disposed of; but a special
administrator may be appointed if necessary. (Code 1852, §1694; Code 1867, §2015; Code 1876,
§2377; Code 1886, §2035; Code 1896, §78; Code 1907, §2531; Code 1923, §5753; Code 1940,
T. 61, §88.)...
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43-2-193
Section 43-2-193 Appointment of nonresident administrator. When any nonresident dies, leaving
assets in this state, if no application for letters of administration is made by a relative
or creditor entitled thereto, an administrator of his estate, appointed by the competent authority
of the state or territory of his domicile, shall be entitled to letters of administration
on such estate in this state, upon the production of the letters granted to him by the state
or territory of his intestate's domicile, duly certified as required by law, in preference
to any other person, upon his giving like bond and surety and upon the same terms, conditions
and requirements as are required by law of citizens of this state. The certified copy of his
foreign letters shall be filed and recorded in the office of the judge of probate issuing
letters in this state. (Code 1886, §2039; Code 1896, §82; Code 1907, §2558; Code 1923,
§5781; Code 1940, T. 61, §143.)...
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34-13-73
Section 34-13-73 Scope of examination. (a) The applicant for a funeral director's license,
before the application is granted, shall successfully pass an examination upon, but not limited
to, the following subjects: Funeral directing, the manners in which death may be determined,
the laws governing the preparation and disposal of human dead bodies and the shipment of bodies
dying from infectious or contagious diseases, and local health and sanitary ordinances in
relation to funeral directing. The examination shall be prepared and graded as prescribed
by rule of the board. The board may review and adopt, in whole or in part, examination questions,
forms, examinations, and passing criteria proposed by the American Board of Funeral Service
Education, or a successor organization, and may use the uniform nationwide conditions of the
International Conference of Funeral Service Examining Boards, or other organization approved
by the board. (b) The board shall examine applicants for a funeral...
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43-2-21
Section 43-2-21 Form. Letters testamentary may be substantially in the following form: The
State of Alabama, } Court of Probate ___ County} The will of ______, having been duly admitted
to record in said county, letters testamentary are hereby granted to _____, the executor named
in said will, who has complied with the requisitions of the law and is authorized to take
upon himself the execution of such will. Witness my hand and dated this _____day of _____,
19__. ___ Judge of Probate. (Code 1852, §1687; Code 1867, §2007; Code 1876, §2369; Code
1886, §2005; Code 1896, §47; Code 1907, §2509; Code 1923, §5731; Code 1940, T. 61, §70.)...
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