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31-2-112
Section 31-2-112 Ordering out of troops - Issuance of order by Governor; authority of local
civil authorities to order out troops. (a) Whenever there is an insurrection or outbreak of
a formidable character which has overawed, or threatens to overawe, the ordinary civil authorities,
or in cases of disaster, and the authorities in such county, city, or town, have attempted
and failed to quell the same by use of a posse comitatus, or it is apparent that such attempt
would be useless, the Governor on a certificate of such facts from any four conservators of
the peace in such county, city, or town, or from any circuit court judge, probate court judge,
sheriff, or justice of the Supreme Court, shall immediately order out such portion of the
National Guard or Militia as he may deem necessary to enforce the laws, and preserve the peace,
and the Governor may, when the urgency is great, order out such troops without any certificate
from either of the officers mentioned in this section, but in...
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6-8-20
Section 6-8-20 Payment to consular officer of estate or land sale funds due nonrepresented
foreigners. Whenever upon the settlement of an estate or upon the sale of lands for division
in any court of this state it is shown that any of the heirs, distributees, or other persons
entitled to share in the funds derived therefrom, whether adults or minors, are residents
and subjects of a foreign country and are not represented by counsel of their own employment,
the personal representative, judge of probate, clerk, or register who may have the custody
of said funds shall pay over the shares of such persons to the duly accredited consular officer
of such country within whose jurisdiction the said court is situated and obtain from him full
acquittance therefor. (Acts 1911, No. 523, p. 572; Code 1923, §6657; Code 1940, T. 7, §347.)...
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12-21-66
Section 12-21-66 Proof of land office deeds or written instruments for conveyance or sale of
land. Any deed or written instrument for the conveyance or sale of land purchased or entered
at any land office of the United States in this state made or signed in or upon any book or
record of such office may be proved by a copy thereof, certified by the register of such land
office under his hand to be a correct copy, and such copy shall be received in all courts
and proceedings under the laws of this state and may be recorded in the office of the probate
judge of the county in which the land may be. A transcript of such record in the office of
the probate judge may be certified and used in the same manner and in the same cases as transcripts
of such records of original deeds may be. (Code 1867, §2692; Code 1876, §3044; Code 1886,
§2783; Code 1896, §1814; Code 1907, §3981; Code 1923, §7679; Code 1940, T. 7, §391.)...
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22-9A-10
Section 22-9A-10 Judicial procedure to establish facts of birth. (a) If a delayed certificate
of birth is rejected under Section 22-9A-9, a petition signed and sworn to by the petitioner
may be filed with a circuit court of any county in this state in which he or she resides or
was born, for an order establishing a birth record. (b) The petition shall allege each of
the following: (1) The person for whom a delayed certificate of birth is sought was born in
this state. (2) No certificate of birth can be found in the Office of Vital Statistics. (3)
Diligent efforts by the petitioner have failed to obtain the evidence required in accordance
with Section 22-9A-9. (4) The State Registrar has refused to register a delayed certificate
of birth. (5) Other allegations as may be required. (c) The petition shall be accompanied
by a statement of the State Registrar made in accordance with Section 22-9A-9 and all documentary
evidence which was submitted to the State Registrar in support of the...
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26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally; notification
of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance
of order by court; certification of minutes of court to Center for Health Statistics, etc.
(a) The father may petition at the time of filing the declaration of legitimation or at any
time subsequent to the determination of legitimation to change the name of such child, stating
in his declaration the name it is then known by and the name he wishes it afterwards to have.
Such petition shall be filed in the office of the judge of probate of the father's residence
or the child's residence. (b) Upon the filing of the petition for name change, notice shall
be given to the child's mother and to the child as provided by the Alabama Rules of Civil
Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's
mother shall, within 30 days after receiving notice, file her...
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37-1-150
Section 37-1-150 Bond as condition precedent to issuance of injunction or restraining order.
No judge or court shall grant any preliminary injunction or interlocutory order or process
suspending or restraining any rate or order of the Public Service Commission entered pursuant
to the provisions of this title without requiring as a condition precedent to the issue of
such injunction, order or process, that the company, corporation or person seeking the same
shall, if the injunction or restraining order applied for is for the purpose of restraining
the enforcement of any such rate or order, execute and file with the clerk or register of
said court a good and sufficient bond with sureties, payable to the State of Alabama, in like
amount and payable as provided in respect to supersedeas bonds. The failure to give the injunction
bond or subsequent bonds as provided for in this division shall immediately vacate and render
null and void such injunction or restraining order. (Code 1907,...
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6-5-143
Section 6-5-143 Venue; filing of complaint; application for preliminary injunction. (a) Such
action shall be commenced in the circuit court of the county in which the property is located.
(b) At or before the commencement of the action, a verified copy of the complaint alleging
the facts constituting the nuisance shall be filed in the office of the probate judge of the
county, together with a notice of the pendency of the action, containing the name of the court,
the names of the parties, the object of the action, and a brief description of the property
affected thereby. The probate judge shall be paid the usual fee for recording such lis pendens
and shall immediately record such notice. (c) After the filing of the complaint, application
for a preliminary injunction may be made to the circuit court, a judge thereof or any judge
authorized by the laws of the state to make an order for a preliminary injunction, who shall
grant a hearing thereon within 10 days thereafter. (Acts 1919, No....
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6-5-148
Section 6-5-148 Closing place pending final decision - Release of property on bond. The owner
or owners of any real property or personal property closed or restrained, or to be closed
or restrained, may appear at any time between the filing of the complaint and the hearing
of the application for a permanent injunction, and, upon payment of all costs incurred and
upon the filing of a bond payable to the state by the owner of the real property, with sureties
or a surety company to be approved by the register or clerk in the full value of the property
to be ascertained by the court or the judge, conditioned that such owner or owners will immediately
abate the nuisance and prevent the same from being established or kept until the decision
of the court or judge shall have been entered on the application for a permanent injunction,
then, in that case, the court or judge, if satisfied of the good faith of the owner of the
real property and of innocence on the part of any owner of the personal...
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11-62-3
Section 11-62-3 Application for authority to form corporation; adoption of resolution by governing
body authorizing incorporation; execution, acknowledgement, filing, recordation and contents
of certificate of incorporation; effect of granting of authority for incorporation upon incorporation
of other such corporations. (a) By proceeding in the manner set forth herein, any number of
natural persons, not less than three, may incorporate a special care facilities financing
authority in any municipality of the state. Such authority shall be organized as a public
corporation and instrumentality of the state with the powers hereinafter set forth. The incorporators
shall first file with the governing body of such municipality a written application seeking
permission to incorporate such authority, which application shall be accompanied by a proposed
form of certificate of incorporation for such authority and such supporting documents or evidence
as the incorporators may consider appropriate...
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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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