26-3-8
Section 26-3-8 Giving of new bond by conservator upon application for discharge from liability
of surety - Required; effect of failure to give bond. Upon the application in writing of any
surety or sureties upon the bond of a conservator requesting to be discharged from future
liability as such surety or sureties or upon the application in writing of the personal representative
or of an heir or devisee of a deceased surety upon such bond requesting that the estate of
such deceased surety be discharged from future liability by reason of such suretyship, it
shall be the duty of the court to give such conservator notice of such application and to
require him or her, within 15 days after the service of the notice, to make a new bond. Upon
the failure to make such bond, such conservator shall be removed and his or her letters revoked
and upon such removal he or she shall make settlement of his or her conservatorship. Any number
of persons having the right to make application under this...
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43-2-83
Section 43-2-83 Discharge of surety; new bond. (a) Upon the application in writing of any surety
or sureties upon the bond of an executor or administrator requesting to be discharged from
any future liability as such surety or sureties, or upon the application in writing of the
personal representative or of an heir or devisee of a deceased surety upon such bond requesting
that the estate of such deceased surety be discharged from future liability by reason of such
suretyship, the court shall give to such executor or administrator notice of such application
and require him, within 15 days after the service of the notice, to make a new bond; and upon
the failure to make such bond, such executor or administrator shall be removed and his letters
revoked; and upon such removal he shall make settlement of his administration. Any number
of persons having the right to make application under this section may join in the application.
(b) When a new bond is given under subsection (a) of this...
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11-2-7
Section 11-2-7 Discharge of sureties on bonds. Any person or corporation who is surety upon
the official bond of any county official or county employee may discharge himself or itself
of the suretyship upon making sworn application in writing addressed to the official, county
commission, board, or commission required to approve the bonds, setting forth the reason for
requesting discharge. Upon the filing of the application, the official, board, or commission
to whom the application is addressed shall forthwith cause personal written notice to be served
upon the county official or county employee as principal fixing a day not less than 15 nor
more than 30 days after the date of the filing of the application requiring the county official
or county employee to provide a new bond. Upon the failure of the county official or county
employee to provide the bond within the time specified in the notice, he or she vacates his
or her office or employment, and the official, county commission,...
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26-3-9
Section 26-3-9 Giving of new bond by conservator upon application for discharge from liability
of surety - Effect of giving of new bond upon liability of surety. When a new bond is given
under Section 26-3-8, the surety on whose application or the estate of the deceased surety
on whose behalf the application was made, as the case may be, is discharged as to all breaches
subsequent to the execution and approval of the new bond. (Code 1896, §2280; Code 1907, §4370;
Code 1923, §8143; Code 1940, T. 21, §35.)...
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43-2-851
Section 43-2-851 Bond. (a) The court must require a personal representative or special administrator
to furnish bond payable to the judge of probate conditioned upon faithful discharge of all
duties of the trust according to law, with sureties as it shall specify. Unless otherwise
directed, the bond must be in the amount of the aggregate capital value of the property of
the estate in the personal representative's control, plus one year's estimated income, and
minus the value of securities deposited under arrangements requiring an order of the court
for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844,
lacks power to sell or convey without court authorization. The court, in lieu of sureties
on a bond, may accept other collateral for the performance of the bond, including a pledge
of securities or any other assets or a mortgage of land. (b) The court may at any time reduce
the bond of the personal representative or require the personal...
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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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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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26-5-31
Section 26-5-31 Partial settlement generally - Application of ward, etc., for partial settlement;
issuance of process to conservator as to hearing thereupon; dismissal of application. On the
application of the ward by next friend or the sureties on the conservator's bond, showing
satisfactory cause, the court may issue process to the conservator, requiring him or her to
appear and show cause why he or she should not make a partial settlement of his or her conservatorship,
of which process there must be service 10 days before the day appointed for the appearance
of the conservator. If, on the hearing, it should appear that there is no satisfactory cause
for ordering such settlement, the application must be dismissed at the costs of the next friend
or the sureties on the conservator's bond, as the case may be. (Code 1886, §2468; Code 1896,
§2353; Code 1907, §4443; Code 1923, §8216; Code 1940, T. 21, §146; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
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26-2A-139
Section 26-2A-139 Bond. (a) The court must require a conservator to furnish a bond payable
to the judge of probate conditioned upon faithful discharge of all duties of the trust according
to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in
the amount of the aggregate capital value of the property of the estate in the conservator's
control, plus one year's estimated income, and minus the value of securities deposited under
arrangements requiring an order of the court for their removal and the value of any land which
the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court
authorization. The court, in lieu of sureties on a bond, may accept other collateral for the
performance of the bond, including a pledge of securities or any other assets or a mortgage
of land. (b) The court may at any time reduce the bond of the conservator or require the conservator
to provide additional or larger bond as may seem to be proper...
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26-3-11
Section 26-3-11 Liability of sureties upon certain conditionally executed bonds. A surety on
the bond of the general conservator of the county or on the bond of the conservator of a minor
or an incapacitated person cannot avoid liability thereon on the ground that he or she signed
or delivered it on condition that it should not be delivered to the judge of probate or should
not become perfect unless it was executed by some other person who does not execute it. (Code
1886, §2388; Code 1896, §2282; Code 1907, §4372; Code 1923, §8145; Code 1940, T. 21, §37;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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