12-13-15
Section 12-13-15 Chief clerk of probate court - Acts which may be performed by chief clerk
during vacancy in office of probate judge; authority, compensation and liability of chief
clerk for acts performed during such vacancy. Whenever a vacancy shall occur in the office
of the probate judge, the chief clerk in that office, appointed and qualified as authorized
by law, shall, during such vacancy and until the qualification of a lawful successor, perform
all the duties of that office which he is authorized by law to perform when there is no vacancy,
but must not receive money on decrees or executions or become the custodian of trust funds
pertaining to the court. He may make all necessary orders for the continuances of cases and
proceedings pending in the court. All such duties are to be performed, during such vacancy,
by such chief clerk in his own name as clerk of the probate court, and he is entitled to the
lawful fees therefor. For his official acts under this article, such chief...
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45-4-82.20
Section 45-4-82.20 Creation; powers and duties; payment of ad valorem tax. (a) There is created
within the office of the Judge of Probate of Bibb County a license division which shall issue
all motor vehicle licenses and titles. The county commission shall furnish suitable quarters
and provide the necessary forms, books, stationery, records, equipment, and supplies, except
the stationery, forms, and supplies furnished pursuant to law by the State Department of Finance
or state Comptroller. The county commission shall also provide clerks and other assistants
for the judge of probate as shall be necessary from time to time for the proper and efficient
performance of the duties of his or her office. The judge of probate shall have authority
to employ clerks and other assistants and to fix their compensation, subject to and in accordance
with the personnel policies and procedures of Bibb County concerning county employees. The
compensation of the clerks and assistants shall be paid out of...
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45-42-200.08
Section 45-42-200.08 Fees. Except as hereinafter provided, the county license commissioner
shall be entitled to charge and collect the same fees that are prescribed in the general law
for like service when performed by the tax assessor, tax collector, judge of probate, or the
license inspector. For the performance of duties relative to the issuance and handling of,
or the recordings of the transfer of the ownership of motor vehicles as prescribed by law,
or both, the commissioner shall charge and collect a fee of two dollars ($2). All such fees
shall be the property of the county and shall be paid to the general fund of the county. Refunds
for licenses issued by mistake of fact or law shall be made under the conditions and in the
manner prescribed by law. (Act 84-804, p. 221, § 9.)...
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12-19-47
Section 12-19-47 Liability for receiving unauthorized fees - Probate judges. (a) Any probate
judge who knowingly receives any other or higher fees than are allowed by law shall forfeit
$50.00, to be recovered in the name of the person aggrieved. Such sum, if recovered by a personal
representative or guardian, shall be assets of the estate. This penalty shall be no bar to
an indictment for extortion. (b) Any probate judge who corruptly receives any fee or item
of costs not authorized by law must, on conviction, be fined not less than $100.00 nor more
than $500.00, and the grand jury must present an indictment, if justified by the evidence.
Upon such conviction, the office shall be vacated and the fact of such conviction shall be
certified to the Governor by the presiding judge. (Code 1852, §§3066, 3068; Code 1867, §§3537,
3539; Code 1876, §§5020, 5022; Code 1886, §§3680, 3927; Code 1896, §§1368, 5104; Code
1907, §§3708, 5104; Code 1923, §§5047, 7270; Code 1940, T. 11,...
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45-10-201
Section 45-10-201 Probate judge; clerks and assistants. There is hereby created within the
Cherokee County Courthouse the permanent office of license commissioner. The duties and responsibilities
of the office shall be performed by the Probate Judge of Cherokee County as herein provided.
The county commission shall furnish the license commissioner with suitable quarters and provide
the necessary forms, books, stationery, records, equipment, and supplies, except such stationery,
forms, and supplies as are furnished pursuant to law by the state Department of Finance or
the state Comptroller. The county commission shall insure that the office has sufficient help
and shall provide clerks and other assistants for the office as shall be necessary, from time
to time, for the proper and efficient performance of the duties of the office. The probate
judge is hereby authorized to employ the clerks and other assistants, and to fix their compensation;
however, the number and compensation of clerks...
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45-36-161
Section 45-36-161 Reimbursement; due care required. (a) The Jackson County governing body shall
reimburse the office of tax collector and judge of probate from the general fund of the county
the amount of any monetary loss, not to exceed a total of two thousand dollars ($2,000) per
annum, arising or caused by the acceptance of worthless or forged checks if the acceptance
was caused without their personal knowledge. (b) It shall be the duty of the tax collector
and judge of probate to insure that employees exercise due care in performing their duties
and to make a diligent effort to correct the error, mistake, or omission and collect the amount
subject to potential loss immediately upon becoming aware of the potential loss. This section
shall not apply to any deliberate misuse or misappropriation of funds by the official or any
clerk or employee of the office. (Act 83-738, p. 1206, §§1, 2.)...
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45-41-160.01
Section 45-41-160.01 Reimbursement for monetary loss; due care. (a) The Lee County Commission
shall reimburse the offices of judge of probate, revenue commissioner, license commissioner,
and sheriff from the general fund in the amount of any monetary loss arising or caused without
the personal knowledge of the officer, including loss arising from acceptance of worthless
forged checks, drafts, money orders, or other written orders for money or its equivalent.
(b) It shall be the duty of the judge of probate, revenue commissioner, license commissioner,
and the sheriff to insure that the employees of the respective offices exercise due care in
performing their required duties and make a diligent effort to correct the error, mistake,
or omission. The respective officers shall make a good faith effort to collect the amount
subject to potential loss immediately upon becoming aware of the potential loss. (c) This
section shall not apply to any deliberate misuse or misappropriation of funds by...
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45-42-161
Section 45-42-161 Reimbursement; due care required. (a) The Limestone County governing body
shall reimburse the office of license commissioner, judge of probate, or tax collector from
the general fund of the county the amount of any monetary loss, not to exceed a total of one
thousand dollars ($1,000) per annum, arising or caused by error, if the mistake or omission
was caused without their personal knowledge, including loss arising from acceptance of worthless
or forged checks, drafts, money orders, or other written orders for money or its equivalent.
(b) It shall be the duty of the license commissioner, judge of probate, or tax collector to
insure that their employees exercise due care in performing their duties and to make a diligent
effort to correct the error, mistake, or omission and collect the amount subject to potential
loss immediately upon becoming aware of the potential loss. This section shall not apply to
any deliberate misuse or misappropriation of funds by the official...
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45-45-162.01
Section 45-45-162.01 Judge of probate and tax collector. (a) The Madison County governing body
shall reimburse the office of the judge of probate from the general fund of the county the
amount of any monetary loss, not to exceed a total of two thousand five hundred dollars ($2,500)
per annum, arising or caused by error, if the mistake or omission was caused without his or
her personal knowledge, including loss arising from acceptance of worthless or forged checks,
drafts, money orders, or other written orders for money or its equivalent. (b) It shall be
the duty of the judge of probate to insure that his or her employees exercise due care in
performing their duties and to make a diligent effort to correct the error, mistake, or omission
and collect the amount subject to potential loss immediately upon becoming aware of the potential
loss. This section shall not apply to any deliberate misuse or misappropriation of funds by
the official or any clerk or employee of his or her office....
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45-48-160
Section 45-48-160 Reimbursement; due care required. (a) The Marshall County governing body
shall reimburse the offices of the tax collector and the judge of probate from the general
fund of the county the amount of any monetary loss, not to exceed a total for each office
of twenty-five hundred dollars ($2,500) per annum, arising or caused by error, if the mistake
or omission was caused without personal knowledge, including loss arising from acceptance
of worthless or forged checks, drafts, money orders, or other written orders for money or
its equivalent. (b) It shall be the duty of the tax collector and the judge of probate to
insure that their employees exercise due care in performing their duties and to make a diligent
effort to correct the error, mistake, or omission and collect the amount subject to potential
loss immediately upon becoming aware of the potential loss. This section shall not apply to
any deliberate misuse or misappropriation of funds by the officials or any clerk...
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