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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-85.42.htm - 6K - Match Info - Similar pages
11-1-7
Section 11-1-7 Appointment and use of public depositories; liability. (a) Upon the application
of the county tax collectors, revenue commissioners, license commissioners, county treasurers,
judges of probate, circuit court clerks, or registers of the circuit court, it shall be the
duty of the county commission of the county to appoint a bank or savings association, that
is a qualified public depository under Chapter 14A of Title 41, as a depository in which such
officers may deposit money coming into their hands as such officers, which appointment shall
be by proper resolutions spread upon the minutes of such commission. (b) Upon the application
of the custodian of county school funds, it shall be the duty of the county board of education
of the county to appoint a bank or savings association that is a qualified public depository
under Chapter 14A of Title 41, as a depository in which such officers may deposit money coming
into their hands as such officers, which appointment shall be...
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17-16-60
Section 17-16-60 Contest not abated by death of contestant. In all contests of elections, such
contests are not abated by the death of the party commencing them before final judgment, if
any qualified elector appears in court and substitutes as a contestant and gives good and
sufficient security for the costs which have accrued or may accrue on the contest. But if
no qualified elector appears and proposes to substitute as the party contesting, the contest
abates on the death of the contesting party, and judgment must be rendered against the sureties
for the costs of the contest, which must be collected by execution in the name of the party
whose election was contested. In all cases the person whose election is contested, if the
successful party in such contest, is entitled to judgment for the cost thereof against the
party contesting and the sureties, for which execution may issue returnable to the court of
probate or to the circuit court, as the case may be. (Code 1896, §1701; Code...
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26-2A-107
Section 26-2A-107 Emergency orders; temporary guardians. (a) If an incapacitated person has
no guardian, an emergency exists, and no other person appears to have authority to act in
the circumstances, on appropriate petition the court, without notice, may appoint a temporary
guardian whose authority may not extend beyond 30 days and who may exercise those powers granted
in the order. (b) If the appointed guardian is not effectively performing duties and the court
further finds that the welfare of the incapacitated person requires immediate action, it may
appoint, with or without notice, a temporary guardian for the incapacitated person having
the powers of a general guardian for a specified period not to exceed six months. The authority
of any permanent guardian previously appointed by the court is suspended as long as a temporary
guardian has authority. (c) The court may remove a temporary guardian at any time. A temporary
guardian shall make any report and comply with any conditions...
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35-6-52
Section 35-6-52 Completion of partition by substitute commissioner. If any of the commissioners
die, resign or neglect or refuse to act, at any time before the final allotment, others may
be substituted in their stead by the probate court, and they shall have the same power in
completing such partition and allotment as if they had been originally appointed. (Code 1852,
§2687; Code 1867, §3115; Code 1876, §3509; Code 1886, §3248; Code 1896, §3173; Code 1907,
§5216; Code 1923, §9316; Code 1940, T. 47, §205.)...
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35-6-85
Section 35-6-85 Conduct of hearing generally; order confirming sale. On the day appointed for
such hearing, or on any other day to which it may be continued the court must proceed to hear
such report and the evidence for and against the confirmation of such sale. Such evidence
shall be taken orally in open court at the time of the hearing or by deposition as in actions
before the circuit court. If upon such hearing it shall appear to the satisfaction of the
court that such sale as made is to the interest of the ward, the court shall make an order
confirming the same, and, if it shall appear to the court that full payment has been made
to the guardian for the interest of the minor in such sale, such order shall direct the guardian,
or any other person appointed by the court, to make conveyance of the interest of the ward
in the land or realty to the purchaser thereof. (Code 1907, §5258; Code 1923, §9362; Code
1940, T. 47, §224.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-85.htm - 1K - Match Info - Similar pages
45-40-80.02
Section 45-40-80.02 Supplemental retirement benefit. (a) The circuit and district court judges
of the Thirty-sixth Judicial Circuit who are holding office on May 29, 1984, shall have six
months from May 29, 1984, to make an election, in writing, with the county commission of the
county comprising the circuit to come within this section. Each circuit and district court
judge appointed or elected to office in the Thirty-sixth Judicial Circuit after May 29, 1984,
shall come under this section as a matter of law. (b) Each circuit and district court judge
coming under this section shall contribute annually to the county treasury of the county comprising
the Thirty-sixth Judicial Circuit six percent of his or her annual salary supplement derived
from the county. Such percentage shall be payable in equal monthly installments and shall
be deducted by the county treasurer from the judge's salary supplement and credited to an
individual account of the judge from whose salary supplement it was...
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12-23-4
and circuit courts as needed; (2) Screen and evaluate all defendants ordered by the prosecutor
or trial courts to participate and to recommend to the court appropriate educational and/or
rehabilitative programs for such defendants; (3) Develop and maintain a file on each defendant
assigned to the court referral officer, which shall include, but shall not be limited to,
information taken from arrest records, test scores, results of chemical blood alcohol tests,
drug screens and other personal data; (4) Continuously monitor defendants who are ordered
to complete alcohol and/or drug related educational or rehabilitative programs and to report
violations of such orders to the prosecutor or court; (5) Provide such information and reports
on defendants assigned to the court referral officer as may be required by the prosecutor,
ordering court or the Administrative Director of Courts; (6) Provide information or education
on the court referral program to judges, clerks, law enforcement...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23-4.htm - 4K - Match Info - Similar pages
40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2A-7.htm - 28K - Match Info - Similar pages
43-8-73
Section 43-8-73 Procedure for making election; petition; time limit; notice and hearing; withdrawal
of demand; order of court; enforcement of order. (a) The surviving spouse may elect to take
his elective share by filing with the court and mailing or delivering to the personal
representative, if any, a petition for the elective share within six months after the date
of death, or within six months after the probate of the decedent's will, whichever limitation
last expires. The court may extend the time for election for cause shown by the surviving
spouse before the time for election has expired. (b) The surviving spouse shall give notice
of the time and place set for hearing to persons interested in the estate whose interests
will be adversely affected by the taking of the elective share. (c) The surviving spouse may
withdraw his demand for an elective share at any time before entry of a final determination
by the court. (d) After notice and hearing, the court shall determine the amount...
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