12-16-78
Section 12-16-78 Drawing of names from jury box for juries in probate court; summoning and
drawing of jurors; certification to jury commission of names of persons disqualified, exempt
and empaneled. Whenever a jury is required to try any issue in a probate court of the county,
other than inquisition proceedings regarding mental illness, the probate judge shall procure
the jury box and key thereto and shall draw from the jury box as many names as he may think
necessary, in no case less than 24, and shall immediately return the key and box to the proper
custodian thereof respectively. After each name is drawn, it shall not be returned to the
jury box and there shall be no selection of names, and the probate judge shall make and file
a record of the drawing and issue an order to the sheriff requiring him to summon the jurors,
and the probate judge shall draw the juries in the manner provided by this article, and the
judge shall call the names of those disqualified and exempt and those...
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12-21-241
Section 12-21-241 Attendance of witnesses - Where case continued. Where a case has been continued,
it shall be the duty of the clerk of the circuit court or district court to issue a subpoena
for all witnesses in such case when it is next set, and it shall be the duty of the sheriff
to execute such subpoena by summoning the witnesses named therein. The circuit clerk shall,
for the services required of him by this section, receive the same compensation that he receives
for issuing the original subpoenas, and the sheriff shall receive the same compensation that
he receives for serving the original summons. The costs accruing from the services performed
as provided in this section shall be taxed and paid as other costs are taxed and paid in criminal
cases. (Code 1852, §666; Code 1867, §4218; Code 1876, §4924; Code 1886, §4461; Code 1896,
§5285; Code 1907, §7882; Code 1923, §5620; Acts 1931, No. 575, p. 668; Code 1940, T. 15,
§295.)...
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19-3-41
Section 19-3-41 When settlements compelled; removal of trustee and appointment of successor.
If the trustee shall fail to make settlement, partial or final, as required in this article
he may be compelled to do so, by citation to be issued by the register or clerk on order of
the court, at the instance of any creditor or party interested in the trust, in all respects
as executors and administrators may be compelled to make settlements in the court of probate;
or, upon motion of a majority in value of the creditors, the court must remove such defaulting
trustee and appoint another in his stead, who may be nominated by the creditors, as provided
by this Code, for the nomination of an administrator of an insolvent estate by the creditors
thereof. (Code 1896, §4173; Code 1907, §6075; Code 1923, §10412; Code 1940, T. 58, §29.)...

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26-8-41
Section 26-8-41 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Application, etc., for order of removal. The application
for the order of removal must be made in writing, signed by the parent, guardian, or other
person having legal custody of the minor or ward, verified by affidavit and accompanied by
a transcript, duly certified, of the appointment of a conservator for such minor or ward by
a court of competent jurisdiction in the state of the residence of the parent, guardian, or
other person having legal custody of the minor and of the bond of such conservator with sureties
approved by such court; provided, that if the conservator so appointed is a corporate fiduciary
which, under the laws of the state wherein appointed, is not required to make bond, a certificate
from the appointing authority stating this may be filed in lieu of a copy of the conservator's
bond. (Code 1886, §2490; Code 1896, §2375; Code 1907,...
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34-3-43
Section 34-3-43 Powers generally. (a) The Board of Commissioners shall have power: (1) To determine,
by rules, the qualifications and requirements for admission to the practice of law; (2) To
conduct through a Board of Examiners the examination of applicants; and such Board of Examiners
shall certify to the Supreme Court the names of the applicants found to be qualified; such
certifications shall entitle such persons to be enrolled in the bar of the state and to practice
law; provided, that the fees required are paid; (3) Subject to the approval of the supreme
court, to formulate rules governing the conduct of all persons admitted to practice and to
investigate, or cause to be investigated, and to pass upon all complaints that may be made
concerning the professional conduct of any person who has been, or may hereafter be, admitted
to the practice of the law; (4) Subject to the approval of the supreme court, to formulate
rules governing the reinstatement of members of the bar who have...
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34-9-5
Section 34-9-5 Penalties. Any person who shall engage in the practice of dentistry across state
lines or practice dentistry or dental hygiene in this state within the meaning of this chapter
without having first obtained from the board a license and an annual registration certificate,
when the certificate is required by this chapter, or who violates this chapter, or who willfully
violates any published rule or regulation of the board, or who does any act described in this
chapter as unlawful, the penalty for which is not herein specifically provided, shall be guilty
of a misdemeanor and upon conviction shall be punished by a fine of not more than five thousand
dollars ($5,000) for each offense, to be fixed by the court trying the case, and in addition
thereto may be, in the discretion of the court, sentenced to hard labor for the county for
a period not to exceed 12 months. (Acts 1959, No. 100, p. 569, §9; Act 99-402, p. 669, §1;
Act 2011-571, p. 1165, §1.)...
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40-10-14
Section 40-10-14 Description of property in notices and entries. In all advertisements, any
notices of the proceedings in the probate court for the sale of land for taxes and of such
sales and all entries required to be made by the probate judge, tax collector or other officer,
initial letters, abbreviations and figures may be used to indicate townships, ranges, sections,
parts of sections, blocks and lots and dates and amounts; and, in estimating the cost of publication,
each amount, date or number and each initial letter or abbreviation shall be counted as a
word. In all advertisements for the sale of real estate, the notice shall state the precinct
in which the property is situated, except in those counties where the tax assessor is not
required to list the property by precincts; provided, that nothing herein contained shall
in anywise affect the collection of any taxes now due the state or any county therein or operate
to abate or discontinue any suit or action of any character...
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40-9-2
Section 40-9-2 Claim of exemption of homestead and household and kitchen furniture in certain
counties. Any person who is entitled to a homestead exemption under the provisions of Section
84 of Title 51 of the 1940 Code of Alabama, as amended, and who is also entitled to an exemption
of household and kitchen furniture under the provisions of subdivision (11) of Section 40-9-1,
shall not be required to claim annually the said personal property exemption. Any such person
is authorized to make a claim of said personal property prior to January 1 of any tax year;
and if said claim is granted by the tax assessor, it shall be unnecessary to repeat the claim
for subsequent tax years so long as such person is entitled to an exemption of such household
and kitchen furniture; provided, that such claimed exemption shall not inure to the benefit
of the grantee or successor of such person. It is the intent that the grantee or successor
is required to make his own claim for such personal property...
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6-10-96
Section 6-10-96 Reduced homestead incapable of allotment - Sale - Proof of facts; order and
notice; terms; application of proceeds. The facts stated in the application to sell the homestead
for setting apart of exemptions may be proved by the oral testimony of witnesses or by the
records of the probate court, and if the facts stated in such application are proven to the
satisfaction of the court by the evidence, the court may order the sale of said homestead,
and notice of said sale shall be given as directed by Section 43-2-455. Said homestead must
be sold on such terms as the court may direct, not exceeding a credit of three years, but
in no case shall the cash payment be less than $6,000, and said sum of $6,000 shall, in the
discretion of the court, be applied by the court to the purchase of a homestead for the benefit
of such surviving spouse and minor children, or either of them, or be paid by the court to
the surviving spouse for the use and support of said surviving spouse and...
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6-6-166
Section 6-6-166 Return - Where levy made in different county than where judgment entered or
original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered
or the original attachment issued, if a claim is interposed to the property, it is the duty
of the officer levying the writ to return the original to the court from which it issued,
with a statement thereon showing the interposition of the claim and true copies of the affidavit
and bond, certified by him; and he must return the original affidavit and bond and a true
copy of the writ under which the levy was made, certified by him, to the circuit court of
his own county, where, after 30 days, the trial of the right of property must be had. The
copies thus required to be made, certified as provided in this section, must be received in
lieu of and have, in all respects, the same effect as the originals. (b) If, in the...
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