15-21-13
Section 15-21-13 Notice to district attorney, prosecutor or arrestor required when criminal
charge; bail without notice. If it appears from the petition for a writ of habeas corpus or
from the documents thereunto annexed that the party is imprisoned and detained on any criminal
charge or accusation, the officer issuing the writ must endorse thereon an order requiring
the applicant, or someone else for him, to give notice to the district attorney of the circuit
or to the prosecutor or principal agent in procuring the arrest of the issue of the writ and
of the time and place at which it is returnable. If such notice is not given when the district
attorney or other person entitled to it is within 50 miles of the place of examination, the
party who is imprisoned must not be discharged. But, if the party is charged with an offense
which is bailable and he waives an examination into the facts, the judge may fix the amount
of bail, without notice to the district attorney or prosecutor, and in...
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19-3-21
Section 19-3-21 Contents of application; notice of hearing. The application must be in writing,
verified by affidavit, must state the nature and character of the trust and of the interest
of the applicant therein and must state, in the opinion of the applicant, said interest is,
or will be endangered, if bond with sureties is not required of such trustee; and, on the
filing of such petition, the register or clerk must appoint a day for the hearing thereof,
of which not less than five days' notice, by the service of summons to appear and answer,
must be given the trustee, if he resides in the state, and if he resides without the state,
notice must be given by publication for three successive weeks in some newspaper published
in the county, if there be such paper, and if there be not, in the paper published nearest
to such county. (Code 1886, §3550; Code 1896, §4153; Code 1907, §6055; Code 1923, §10392;
Code 1940, T. 58, §9.)...
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26-5-8
Section 26-5-8 Final settlement generally - Filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. The conservator, or his or her personal representative,
must file in the court of probate a full account of the conservatorship, accompanied by the
vouchers and verified by affidavit. Upon the filing of such account and vouchers, the court
must appoint a guardian ad litem to represent the ward if he or she be a minor or otherwise
incapacitated. (Code 1886, §2460; Code 1896, §2345; Code 1907, §4435; Code 1923, §8208;
Code 1940, T. 21, §135; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-5-9
Section 26-5-9 Final settlement generally - Establishment of day for settlement; notice thereof.
The court must appoint a day for the settlement, of which 10 days' notice must be given to
the succeeding conservator, if there is such conservator, or to the personal representative
of the ward, if the ward is dead, or to the ward, if he or she is a resident of the state
and has arrived at full age or has been relieved of the disability of nonage or incapacity
has terminated, and to all sureties on the bond of such conservator, by the service of process,
and notice must also be given, as the court may direct, either by advertisement for three
successive weeks in some newspaper published in the county or for the same length of time
by posting notice at the courthouse door and at three other public places in the county. (Code
1886, §2461; Code 1896, §2346; Code 1907, §4436; Code 1923, §8209; Acts 1931, No. 704,
p. 829; Code 1940, T. 21, §136; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-372
Section 43-2-372 No preference among debts of same class. No executor or administrator must,
before the expiration of six months from the grant of letters, give a preference in the payment
of any debt over others of the same class; nor is a debt due and payable entitled to any preference
over debts of the same class which are not due. (Code 1852, §1742; Code 1867, §2065; Code
1876, §2431; Code 1886, §2080; Code 1896, §127; Code 1907, §2598; Code 1923, §5823; Code
1940, T. 61, §219.)...
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43-2-413
Section 43-2-413 Notice of sale. When the application is granted for the sale of any personal
property, the executor or administrator must give notice of the day, place and terms of sale,
and a description of the property to be sold, by advertisement for three successive weeks
in some newspaper published in the county where the sale is to take place, or, by posting
notice at the courthouse door and at three other public places in the county. But when the
property is perishable, or the expense of keeping it is very great, the sale may be made after
five days' notice, which may be given by one insertion in a newspaper published in the county
where the sale is to take place, or, if there be no such paper, by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this article, the court may direct the giving of notice by printed handbills, or posters,
to be distributed and posted in the manner best calculated to give extended...
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6-8-62
Section 6-8-62 Timing and duration of publication; Internet publication. (a) When the notice
is required to be given for a specified number of weeks, it must be given by consecutive weekly
insertions for the number of weeks so specified. When the notice is of a proceeding to be
had or of an act to be done on a specified day: (1) If the publication is for one week, the
insertion must be not less than six days before such day; (2) If for two weeks, the first
insertion must be at least 12 days before such day; (3) If for three weeks, the first insertion
must be at least 18 days before such day; (4) If for four weeks, the first insertion must
be at least 24 days before such day; (5) If for five weeks, the first insertion must be at
least 30 days before such day; (6) If for six weeks, the first insertion must be at least
36 days before such day; and (7) So on at the same rate of increase, the time to be computed
as provided in Section 1-1-4. (b) When the time is specified in days, two...
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15-21-12
Section 15-21-12 Notice to any other person having interest required. If it appears from the
petition for a writ of habeas corpus or from the documents thereunto annexed that the party
is imprisoned or detained by virtue of any process under which any other person has an interest
in continuing his imprisonment or restraint, the officer issuing the writ must endorse thereon
an order requiring the applicant, or someone else for him, to give notice to such person,
or to his attorney, of the issue of the writ and of the time and place at which it is returnable,
in order that he may, if he thinks proper, appear and object to the discharge of the party
who is imprisoned. If such notice is not given, when the party who is entitled to it is within
50 miles of the place of examination, the party who is imprisoned must not be discharged.
(Code 1852, §718; Code 1867, §4269; Code 1876, §4945; Code 1886, §4769; Code 1896, §4822;
Code 1907, §7017; Code 1923, §4316; Code 1940, T. 15, §12.)...
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26-2A-6
Section 26-2A-6 Facility of payment or delivery; notice of payment. (a) Any person under a
duty to pay or deliver money or personal property to a minor may perform the duty, in amounts
as provided in this subsection, by paying or delivering the money or personal property to:
(1) Any person having the care and custody of the minor and with whom the minor resides; (2)
A guardian of the minor; or (3) The judge of probate of the county in which the minor resides,
if a resident of this state, or, if a nonresident, to the judge of probate or like officer
of the county in which the debtor or creditor resides. Payments under this subsection must
not exceed $5,000 if paid in a single payment, or $3,000 a year if paid in a series of payments,
and payments, by any person other than a conservator or judge, must not exceed a maximum of
$25,000 during the minority of the minor ward. The person obligated to make payment is discharged
of that duty or obligation by making the payment or delivery and...
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43-2-375
Section 43-2-375 Payment of debts not due. Any debt not due, which has been presented, may
be paid by an executor or administrator after six months from the grant of letters, and the
provisions of section 43-2-374 include such debts; but such payment must not be made unless
the creditor accepts, in discharge of such debt, such an amount as, with interest from the
day of payment to the day when such debt is due, would make the amount thereof. (Code 1852,
§1791; Code 1867, §2118; Code 1876, §2495; Code 1886, §2087; Code 1896, §137; Code 1907,
§2601; Code 1923, §5826; Acts 1931, No. 717, p. 837; Code 1940, T. 61, §222.)...
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