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18-2-4
Section 18-2-4 Notice to owner of land on opposite side of stream abutting proposed dam site.
If application is filed by the owner of the land on one side of a stream only, notice must
be given to the owner of the land on the opposite side by serving him in the same manner as
is provided for service of owners in Section 18-1-8, and if the owner be a minor or person
of unsound mind, a guardian ad litem must be appointed as provided in Section 18-1A-275. (Code
1852, §§2095-2097; Code 1867, §§2487-2489; Code 1876, §§3561-3563; Code 1886, §§3188,
3189; Code 1896, §§1730, 1731; Code 1907, §§3891, 3892; Code 1923, §§7510, 7511; Code
1940, T. 19, §37.)...
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26-2-48
Section 26-2-48 Appointment of guardian for nonresident incapacitated person having property
within state - Procedure. The application for the appointment of a conservator for such person
must be in writing, must be verified by affidavit and must state the name, sex, age, and residence
of such person, the court by which he or she was declared incapacitated and the property requiring
the care of a conservator. On the filing of such application, the court must appoint a day
for the hearing thereof, notice of which must be given for three successive weeks by publication
in some newspaper published in the county or, if there is no such paper published in the county,
by publication in a paper published in an adjoining county, and a copy of such paper must
be mailed by the probate judge to such person at the post office nearest his or her residence.
The court must appoint a guardian ad litem to represent and defend for such person and it
shall be the duty of such guardian ad litem to put in...
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26-2-46
Section 26-2-46 Procedure where person alleged to be of unsound mind confined in hospital or
asylum. If the person alleged to be of unsound mind is a resident of the county and is at
the time of the application confined in a hospital or asylum within or without the state,
inquisition may be had and taken without notice to him or her , but, on the filing of the
application, the court must appoint a guardian ad litem to represent and defend for him or
her. It shall be the duty of such guardian by answer to put in issue the facts stated in the
application and to employ counsel at the expense of such person of unsound mind to appear
and defend him or her. (Code 1876, §2761; Code 1886, §2396; Code 1896, §2261; Code 1907,
§4351; Code 1923, §8109; Code 1940, T. 21, §15.)...
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26-2A-81
Section 26-2A-81 Resignation, removal, and other post-appointment proceedings. (a) Any person
interested in the welfare of a ward or the ward, if 14 or more years of age, may petition
for removal of a guardian on the ground that removal would be in the best interest of the
ward or for any other order that is in the best interest of the ward. A guardian may petition
for permission to resign. A petition for removal or for permission to resign may, but need
not, include a request for appointment of a successor guardian. (b) Notice of hearing on a
petition for an order subsequent to appointment of a guardian must be given, as prescribed
in Section 26-2A-50, to the ward, the guardian, and any other person as ordered by the court.
(c) After notice and hearing on a petition for removal or for permission to resign, the court
may terminate the guardianship and make any further order that may be appropriate. (d) If
the court determines at any time in the proceeding that the interest of the ward...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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12-20-29
Section 12-20-29 Substitution of lost, etc., papers or records in civil cases - How made -
After determination of action or proceeding. If, after the determination of any civil action
or proceeding, the original papers, or any part thereof pertaining thereto, which are not
of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such
papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or
decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should
be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing,
stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed
or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the
adverse party is of full age, of sound mind and a resident of the state, notice of the application
and a copy thereof, accompanied with a copy of the proposed...
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43-2-447
Section 43-2-447 Notice to unknown parties; appointment of special guardian; disposition of
shares. If it shall be averred in an application for the sale of lands for the payment of
debts or for division, that the names of any of the heirs or devisees are unknown, that the
petitioner has made diligent inquiry and cannot ascertain the same, the cause may proceed
against them without naming them; but the court must make publication as in case of nonresidents,
describing such unknown parties as near as may be by the character in which they are made
parties and with reference to their interest in the lands sought to be sold, and must appoint
a suitable and competent person not of kin or counsel to the petitioner, as special guardian
to represent such unknown parties. The shares or interests of such unknown parties, in the
proceeds of lands sold for division, shall be paid into court and there retained and paid
out to the proper parties when ascertained. (Code 1896, §162; Code 1907,...
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43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent
articles which are applicable to specific articles or divisions, and unless the context otherwise
requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY.
As it relates to trust beneficiaries, includes a person who has any present or future interest,
vested or contingent, and also includes the owner of an interest by assignment or other transfer
and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate
succession from the parent whose relationship is involved and excludes any person who is only
a stepchild, a foster child, a grandchild or any more remote descendant. (3) COURT. The court
having jurisdiction in matters relating to the affairs of decedents. This court in Alabama
is known as the probate court. (4) DAYS. That...
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45-37A-52.228
Section 45-37A-52.228 Survivor's benefits. (a) Effective July 1, 2002, in the event of the
death of a retiree or participant who, on the date of his or her death was eligible for voluntary
retirement under Section 45-37A-51.220, there may be payable a monthly survivor's benefit
equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was
entitled to receive prior to his or her death or which the participant would have been entitled
to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her
death; notwithstanding anything to the contrary, the survivor's benefit may be increased pursuant
to Section 45-37A-51.242. In the event any survivor is being paid an amount in excess of 60
percent of the retiree's monthly benefit on May 1, 2006, such survivor's benefits shall not
be decreased. (b)(1) Effective July 1, 2002, upon the death of any retiree or participant
who at the time of his or her death was not eligible for voluntary...
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40-10-4
Section 40-10-4 Notice to taxpayer - Service generally. (a) On receiving such book, as speedily
as practicable the judge of probate shall issue a notice addressed to each person against
whom any unpaid taxes are assessed as shown by such book, substantially in the following form:
"State of Alabama, (give name of county) county, to (give name of taxpayer): The tax
collector has filed in my office a list of delinquent taxpayers, and of real estate upon which
taxes are due. You are reported as delinquent, and your tax amounts to (here give amount of
taxes) with costs added. This is to notify you to appear before the probate court of said
county at the next term thereof, commencing on Monday, the _____ day of _____, 2__, then and
there to show cause, if any you have, why a decree for the sale of property assessed for taxation
as belonging to you should not be made for the payment of the taxes thereon and fees and costs.
(Here probate judge's signature). Judge of probate." Such notice must...
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