Code of Alabama

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45-49-85.42
Section 45-49-85.42 Temporary judges of probate. (a)(1) If the regularly elected Judge of Probate
of Mobile County is incompetent from any legal cause, incapacitated, absent or will be absent
from sickness, or otherwise disqualified from acting as judge, the judge of probate or the
chief clerk shall certify the fact of incompetency, incapacity, absence, sickness, or disqualification
to the presiding judge of the circuit court of the county and the presiding judge of the circuit
court, upon that certificate, shall appoint a person learned in the law, practicing and residing
in the county, to act as temporary judge of probate. At any time when the regularly elected
judge of probate of the county files a certificate in the office of the circuit clerk of the
county that he or she is no longer incompetent, from any legal cause, incapacitated, absent,
absent from sickness, or otherwise disqualified from acting as judge, then the regularly elected
judge of probate of the county shall...
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43-2-692
Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee entitled
to personal property without administration. (a) The surviving spouse, if there is one, otherwise
the distributees of an estate of personal property only, may initiate a proceeding for summary
distribution of the estate by filing a verified petition in the office of the judge of probate
of the county in which the decedent was domiciled at death alleging the conditions provided
in subsection (b). The petition shall include a description of the estate of the decedent.
No bond shall be required to be filed with the petition. (b) The surviving spouse or distributee
shall have a defeasible right to the personal property of the decedent without awaiting the
appointment of a personal representative or the probate of a will if all of the following
conditions exist: (1) The value of the entire estate does not exceed twenty-five thousand
dollars ($25,000). This figure shall be adjusted annually for...
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35-11-217
Section 35-11-217 Selection of land to be charged in certain cases. When the land on which
the building or improvement is situated is not in a city or town and exceeds in area one acre,
any person having a lien, or his personal representative, may at any time prior to his filing
his statement in the office of the judge of probate, select one acre in addition to the land
upon which the building or improvement is situated which shall also be subject to the lien;
such selection to include the land surrounding the said building or improvement, and contiguous
thereto, and with the land on which the building or improvement is situated to constitute
but one lot or parcel. When the land on which the building or improvement is situated is in
a city or town and the improvement consists of two or more buildings united together, situated
on the same lot or contiguous or adjacent lots, or of separate buildings upon contiguous or
adjacent lots, or where the machinery, material, fixture, engine,...
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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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11-41-26
Section 11-41-26 Rendition of decree of forfeiture and dissolution; appeal from same. If, upon
such hearing, it shall appear that one of the grounds of forfeiture enumerated in section
11-41-24 exists, the probate judge shall render a decree declaring such charter forfeited
and such municipality dissolved, and from any decree rendered under this section any citizen
of the town or person filing such petition may appeal to the circuit court upon giving bond
for cost of such appeal. (Acts 1919, No. 517, p. 739; Code 1923, §2332; Code 1940, T. 37,
§23.)...
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14-4-14
Section 14-4-14 Oath of Superintendent of Public Works and guards. The Superintendent of Public
Works and each person employed as a guard over convicts sentenced to hard labor for the county,
before he enters upon the discharge of his duties, shall take and subscribe the following
oath before some officer authorized to administer the same: "I do solemnly swear that
I will support the Constitution of the United States and the Constitution of the State of
Alabama, so long as I remain a citizen of said state, and that I will faithfully execute and
discharge all duties required of me (as superintendent or guard of convicts, as the case may
be) and that I will observe all rules and regulations prescribed for the government of convicts,
so far as I am thereby directed, and will in no case ill treat or abuse any convict under
my charge or control or inflict any other or greater punishment than may be prescribed by
said rules and regulations." Such oath shall be filed by the party taking the...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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40-5-31
Section 40-5-31 Taxpayer about to jeopardize possibility of collection - Duty of collector.
It shall be the duty of the tax collector, whenever upon information or otherwise he has good
reason to believe that any person owing taxes, whether due or not, is about to leave or remove
his property from the county, or that such person is closing out or going out of business
or disposing of substantially all of his personal property and thereby the collection of such
taxes is endangered, to make out and certify to the judge of probate a bill against such person
for the amount of such taxes and any fees due the assessor or collector; and, upon the approval
thereof by the judge of probate in writing endorsed thereon, such bill shall operate as a
writ of fieri facias which the collector is authorized to execute by levy and sale, in the
same manner as sheriffs are authorized to execute such writs when issued out of the circuit
court. Said writ may be executed in any county of the state where...
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43-2-211
Section 43-2-211 Right to maintain actions and recover or receive property in state. Any executor
or administrator who has obtained letters testamentary or of administration on the estate
of a person who was not, at the time of his death, an inhabitant of this state, in any other
of the United States, and who has not obtained letters of administration thereon in this state,
as authorized by article 8 of chapter 2 of this title, may maintain civil actions and recover
or receive property in this state: (1) By recording, at any time before judgment or the receipt
of the property, a copy of his letters, duly authenticated according to the laws of the United
States, in the office of the judge of probate of the county in which such civil action is
brought or property received; or (2) By giving bond, with at least two good and sufficient
sureties, payable to and approved by such judge of probate, in such amount as he may prescribe,
to be determined with reference to the value of the property...
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11-2-1
Section 11-2-1 Bonds requirements. (a) For the purposes of this chapter, the following words
have the following meanings: (1) COUNTY EMPLOYEE. An employee or clerk, deputy, or employee
in any county office, but shall not mean an employee of the county board of education. (2)
COUNTY OFFICIAL or COUNTY OFFICER. A county commissioner, county taxing official, judge of
probate, sheriff, coroner, or constable. (3) COUNTY TAXING OFFICIAL. A tax assessor, tax collector,
revenue commissioner, license commissioner, or other person charged by law in a county with
the assessing or collecting of taxes. (b) All county officials of all counties in this state
and any county employee designated by law or the county commission shall be required to execute
official bonds for the faithful performance of their duties and such additional official bonds
as from time to time the public interest may demand and as may be required by the provisions
of law. Except for a local taxing official executing bond...
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