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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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39-7-5
Section 39-7-5 Summary proceedings for review, etc., of sufficiency of petition. The probate
or circuit court or any judge thereof within the county shall have summary jurisdiction upon
complaint of an elector to determine the sufficiency of the petition and shall make such order
as justice may require as to such sufficiency. Such summary proceeding shall be instituted
within 10 days after the petition is filed with the clerk or probate judge. (Acts 1935, No.
40, p. 72; Code 1940, T. 50, §21.)...
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43-2-174
Section 43-2-174 Resignation and removal - Appointment of successor. Upon the resignation or
removal of a general administrator from office, the judge of the probate court of the proper
county must proceed to appoint some other suitable person general administrator for such county,
who shall give bond as required by law, and administer on such estates as may be committed
to his charge by the probate court of his county. (Code 1867, §2042; Code 1876, §2411; Code
1886, §2063; Code 1896, §110; Code 1907, §2532; Code 1923, §5754; Code 1940, T. 61, §139.)...
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43-2-256
Section 43-2-256 Compensation of administrator ad litem. Such administrator ad litem must be
allowed for his services such compensation as the judge of probate or judge of the circuit
court appointing him may direct, to be taxed and collected as part of the costs of the proceedings,
either out of the estate represented by him, or out of the general fund administered therein
or out of any party to the action who may be taxed therewith, as the court may direct. (Code
1876, §2630; Code 1886, §2289; Code 1896, §358; Code 1907, §2824; Code 1923, §6063; Code
1940, T. 61, §171.)...
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15-16-20
Section 15-16-20 Duty of judge to institute investigation on sanity of certain confined persons;
proceedings where person found insane. If any person other than a minor in confinement, under
indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness,
in consequence of any summary conviction appears to be insane, the judge of the circuit court
of the county where he is confined must institute a careful investigation, call a respectable
physician and call other credible witnesses; and, if he deems it necessary, he may call a
jury, for which purpose he is empowered to compel attendance of witnesses and jurors. If it
is satisfactorily proved that the person is insane, the judge may discharge him from imprisonment
and order his safe custody and removal to the Alabama state hospitals, where he must remain
until restored to his right mind, and then, if the judge shall have so directed, the superintendent
must inform the judge and sheriff, whereupon the...
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17-16-59
Section 17-16-59 Judgment of court. If, on the trial of the contest of any election, either
before the judge of probate or the circuit court, it shall appear that any person other than
the one whose election is contested, received or would have received, had the ballots intended
for the person and illegally rejected been received, the highest number of legal votes, judgment
must be given declaring such person duly elected, and such judgment shall have the force and
effect of investing the person thereby declared elected, with full right and title to have
and to hold the office to which the person is declared elected. If it appears that two or
more persons have, or would have had, if the ballots intended for them and illegally rejected
had been received, the highest and equal number of votes for such office, judgment must be
entered declaring the fact, and such fact must be certified to the officer having authority
to fill vacancies in the office the election to which was contested. If...
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45-45-85.21
Section 45-45-85.21 Recording fee. (a) In Madison County, a special recording fee of four dollars
($4) shall be collected by the judge of probate on each real or personal property,
uniform commercial code, judicial, or other instrument recorded or filed for record in the
probate court of the county. The special recording fee shall be in addition to all other fees,
taxes, and other charges required by law to be paid upon the recording or filing for record
of any real or personal property, uniform commercial code, judicial, or other instrument.
All special recording fees collected shall be deposited by the judge of probate in any depository
in the county as designated by the county governing body. Notwithstanding the fee set by this
section, the county commission may adjust the fee from time to time by resolution of the commission
adopted at a regularly scheduled meeting of the commission to meet the needs of this section.
(b) The fees collected under this section shall be expended at...
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12-19-54
Section 12-19-54 Proceedings for retaxation of excessive costs in probate courts. (a) If the
taxation of costs by a probate court is excessive by charging the costs of witnesses who were
not examined, by charging costs to an improper party or by taxing costs contrary to law, the
party aggrieved may move the court for a retaxation, setting forth the particulars in which
the clerk has erred. This section shall apply to costs taxed in probate courts in all cases
and proceedings where such courts have jurisdiction, and any aggrieved party to any case or
proceeding may move the circuit court in the county where such case or proceeding is pending
for a retaxation of such costs, setting forth the particulars wherein such probate court costs
were improperly taxed. Such motion may be heard on five days' notice to the officers or persons
claiming said fees or costs, and the same shall be passed on by the judge as other motions
are heard and passed upon. From a judgment or order refusing or...
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36-11-11
Section 36-11-11 Proceedings in Supreme Court - Powers of examiners as to witnesses. The examiner
or examiners so appointed shall have power to issue subpoenas for witnesses, which shall be
served by the sheriff of the proper county or by any special constable appointed by such examiner
or examiners, to compel the attendance of witnesses by attachment, to punish for contempt
by fine or imprisonment in the county jail and to administer oaths to witnesses, and the oaths
administered by such examiners shall, in all respects, be deemed and held to be lawful oaths.
(Code 1876, §4053; Code 1886, §4825; Code 1896, §4871; Code 1907, §7106; Code 1923, §4504;
Code 1940, T. 41, §185.)...
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40-10-14
Section 40-10-14 Description of property in notices and entries. In all advertisements, any
notices of the proceedings in the probate court for the sale of land for taxes and of such
sales and all entries required to be made by the probate judge, tax collector or other officer,
initial letters, abbreviations and figures may be used to indicate townships, ranges, sections,
parts of sections, blocks and lots and dates and amounts; and, in estimating the cost of publication,
each amount, date or number and each initial letter or abbreviation shall be counted as a
word. In all advertisements for the sale of real estate, the notice shall state the precinct
in which the property is situated, except in those counties where the tax assessor is not
required to list the property by precincts; provided, that nothing herein contained shall
in anywise affect the collection of any taxes now due the state or any county therein or operate
to abate or discontinue any suit or action of any character...
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