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12-13-16
Section 12-13-16 Preparation, etc., by probate judge, register, etc., of papers, documents,
etc., to be heard, etc., by such judge or register. No probate judge or his clerk or any register
shall prepare or assist in the preparation of any paper, document or instrument which is to
be heard or determined by such judge or register or which may become a subject of controversy
before such judge or register, but such judge or his clerk may prepare or assist in the preparation
of acknowledgments and proof of conveyances, affidavits, oath, affirmations or any instrument
which by law is required to be prepared by such judge. Any probate judge or his clerk or any
register who shall prepare or assist in the preparation of any paper, document or instrument
in violation of this section shall be guilty of a misdemeanor and shall forfeit the sum of
$300.00, one third to the use of the state and two thirds to the use of any person who may
institute a civil action for the same; provided further, that...
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17-3-60
Section 17-3-60 Clerical assistance for judge of probate and board of registrars. The judge
of probate may employ such assistants and clerical help as may be necessary to complete and
properly prepare reports from the state voter registration list of the list of qualified electors
which the judge of probate is required to furnish a certified copy to the election inspectors.
The judge of probate shall receive or such assistants shall be paid out of the county treasury
by warrants, drawn by the county commission on certificate of the judge of probate, accompanied
by the certificates of the person being paid, showing the amount due under the provisions
of this chapter, but the entire amount spent for the preparation of such lists shall not exceed
a sum equal to the amount obtained by multiplying the number of names on the list by five
cents ($.05) for the preparation of such list. The judge of probate in all counties having
a population of not less than 100,000 nor more than 350,000,...
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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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45-4-111
Section 45-4-111 Electronic voting system authorized; requirements for use. (a) As used in
this section: (1) "Automatic tabulating equipment" shall mean apparatus which automatically
examines and counts votes recorded on paper ballots or ballot cards and tabulates the results.
(2) "Paper ballot" shall mean a printed paper ballot which conforms in layout and
format to the electronic voting system in use. (3) "Ballot card" shall mean a tabulating
card on which votes may be recorded. (4) "Ballot label" shall mean the cards, papers,
booklet, pages, or other material which contain the names of offices and candidates and statements
of measures to be voted on and which are used in conjunction with ballot cards. (5) "Ballot"
shall mean ballot cards or paper ballots. (6) "Counting center" shall mean one or
more locations selected and designated by the county commission or the municipal governing
body, as the case may be, for the automatic counting of ballots in the election. (7) "Electronic...
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19-3-81
Section 19-3-81 Fiduciary funds in hands of register, probate judge, sheriff, and clerk to
be reported. Every register, probate judge, sheriff, clerk and register shall prepare a report
in writing showing the amount of all fiduciary funds in the hands of such official, designating
the name of the owner and the case or the circumstances under which the same was received,
which statement shall be verified. (Acts 1909, No. 133, p. 166; Code 1923, §10458; Code 1940,
T. 58, §30.)...
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12-20-25
Section 12-20-25 Taking file in pending action from office of clerk, etc. The file pertaining
to a pending action shall not be taken from the office of the clerk, register or probate judge
except by an attorney of record of a party to the action upon a receipt in writing signed
by such attorney, stating the number and title of the case and the papers contained in the
file. If any of such papers are lost, mislaid, destroyed or mutilated before a return of the
file and a surrender of the receipt, the costs of substituting them must be paid by the attorney
taking them. (Code 1876, §§562, 565; Code 1886, §654; Code 1896, §2646; Code 1907, §5738;
Code 1923, §10131; Code 1940, T. 7, §7.)...
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36-5-13
Section 36-5-13 Attorneys not deemed sufficient sureties on official bonds of probate judges,
sheriffs, constables, etc. A practicing attorney-at-law must not be deemed a sufficient surety
on the official bond of the judge of probate or of the clerk or register of any court of record
or of any other officer of a court of record or of the sheriff or deputy sheriff or the coroner,
or of any constable, general or special. (Code 1886, §264; Code 1896, §3077; Code 1907,
§1490; Code 1923, §2602; Code 1940, T. 41, §43.)...
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40-1-16
Section 40-1-16 Copies of books, records, papers, etc., admitted in evidence. In any action
against any tax assessor, tax collector, judge of probate, or other officer charged with the
performance of any duties under this title and his sureties, or either, for failure to pay
over any money collected by him for the state or to perform any other duty required of him
by law, a copy of any bond, record, book, paper, contract, return, or other document, or of
the official statement of any account between him and the state in the Office of the Comptroller,
Treasurer, State Land Commissioner, or Department of Revenue properly certified by such officer,
if the original is in his office under seal of the office, shall be received as evidence in
any case in which the original would be competent, unless the defendant shall deny under oath
that he made or executed such original. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §895.)...
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19-3-28
Section 19-3-28 Notice to creditors. Upon the making of such order the register or clerk must
give notice thereof by mail, postage prepaid, to each creditor whose name and address he may,
by diligent inquiry and investigation, ascertain from the trustee, or assignor, or the record
of the deed of assignment in the office of the judge of probate, or any other available source
of information, and must also give notice by publication once a week for three successive
weeks in a newspaper published in the county, or if there be no such paper, by posting the
notice at the courthouse door for the same length of time. Such notice may be substantially
in the following form: "To the creditors of A.B., of _____: "The said A.B., having
made an assignment for the benefit of creditors, and C.D. having filed his petition for the
administration of such trust by the circuit court, and the circuit judge having made an order
designating the _____ day of _____, as a day by or on which all claims of...
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35-4-131
Section 35-4-131 Notice of actions, etc. (a) When any civil action or proceeding shall be brought
in any court to enforce any lien upon, right to or interest in, or to recover any land, or
where an application has been made to the probate judge of any county for an order of condemnation
of land, or any interest therein, the person, corporation, or governmental body commencing
such action or proceeding or making such application shall file with the judge of probate
of each county where the land or any part thereof is situated a notice containing the names
of all of the parties to the action or proceeding, or the persons named as those having an
interest in the land in the application for an order of condemnation, a description of the
real estate and a brief statement of the nature of the lien, writ, application, or action
sought to be enforced. The judge of probate shall immediately file and record the notice in
the lis pendens record and note on it and in the record the hour and date...
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