Code of Alabama

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12-16-38
Section 12-16-38 Clerks of commissions - Oath of office. Every clerk of a jury commission,
before entering upon the discharge of his duties under this article, must take and subscribe
the oath of office prescribed by Section 279 of the Constitution and file the same for record
in the probate office of the county. (Acts 1939, No. 59, p. 86; Code 1940, T. 30, §16.)...

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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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12-21-32
Section 12-21-32 Books of account kept by deceased executor, etc. Books of account kept by
a deceased executor, administrator, guardian or trustee or entries or memoranda made by him
in the course of business or duty are admissible evidence; and, if such book or memoranda
is lost, a copy thereof, supported by the oath of the person making it, is admissible evidence.
(Code 1876, §3054; Code 1886, §2778; Code 1896, §1809; Code 1907, §3976; Code 1923, §7672;
Code 1940, T. 7, §384.)...
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36-4-3
Section 36-4-3 Filing of oaths of probate judges. Judges of probate must file their official
oaths in the office of the clerk of the circuit court of their respective counties. (Code
1852, §113; Code 1867, §152; Code 1876, §158; Code 1886, §252; Code 1896, §3065; Code
1907, §1478; Code 1923, §2590; Code 1940, T. 41, §23.)...
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43-2-508
Section 43-2-508 Satisfaction of claims. Any judge of probate, clerk or register of any circuit
court or officer of any other court in Alabama having jurisdiction of partial or final settlement
of estates of deceased persons shall be authorized to satisfy any claim legally filed against
such estates and recorded in the solvent docket book in the office of the probate court, when
satisfied from the evidence presented on a partial or final settlement that such claims have
been paid. Such satisfaction shall have the effect of notifying all interested parties that
evidence of payment of such debt has been filed in the court. For each such satisfaction,
the officer shall be paid a fee of $.25. A cancelled check for the amount claimed, properly
endorsed by the claimant, may be considered as proof of the payment of such claim, and further
proof of payment shall not be required. (Acts 1939, No. 68, p. 109; Code 1940, T. 61, §303;
Acts 1975, No. 1222, §1.)...
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12-13-18
Section 12-13-18 Failure of clerk, etc., to deliver books, papers, money, etc., to successor
of probate judge. Any clerk or person in the office of the probate judge who obtains possession
of the books, papers, money or property belonging or appertaining to such office pending a
vacancy therein and who fails or refuses on demand to deliver such books, papers, money or
property to the lawfully qualified successor of the probate judge must, on conviction, be
fined not less than $200.00. (Code 1896, §5159; Code 1907, §7460; Code 1923, §5052; Code
1940, T. 13, §303.)...
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40-1-23
Section 40-1-23 Liability of officers for conversion. Any probate judge, clerk of a court of
record, register, sheriff, coroner, tax collector, county treasurer, trustee of public schools,
notary public, constable, or other public officer who knowingly converts to his own use or
permits another to use any of the revenue of the state or of any county or municipality thereof
or any money paid into his office or received by him in his official capacity is liable to
indictment and, on conviction, must be punished as if he had stolen it. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, §902.)...
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45-17-82
Section 45-17-82 Creation of division; powers and duties. (a) There is hereby created within
the probate judge's office of Colbert County a license division which shall issue all licenses
issued through the probate judge's office, except marriage licenses. The county commission
shall furnish 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 also provide such clerks, and other assistants for the probate judge as shall be necessary
from time to time for the proper and efficient performance of the duties of the office. The
probate judge shall have authority to employ such clerks, and other assistants, and to fix
their compensation; however, the number and compensation of such clerks and other assistants
shall be subject to the approval of the county commission. The...
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6-9-210
Section 6-9-210 Certificate of clerk or register to be filed with probate judge; registration
and indexing by probate judge. The owner of any judgment entered in any court of this state
or of the United States held in this state may file in the office of the judge of probate
of any county of this state a certificate of the clerk or register of the court by which the
judgment was entered, which certificate shall show the style of the court which entered the
judgment, the amount and date thereof, the amount of costs, the names of all parties thereto
and the name of the plaintiff's attorney and shall be registered by the judge of probate in
a book to be kept by him for that purpose, which said register shall also show the date of
the filing of the judgment. Said judge shall make a proper index to said book, which shall
also show under the proper letter or letters of the alphabet the names of each and every defendant
to said judgment, and such judgments shall be recorded in chronological...
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11-42-68
Section 11-42-68 Appeals from judgment of probate judge - Transmittal of papers to clerk of
circuit court; withdrawal of map and certified resolution from files of probate judge for
use in circuit court. If an appeal is taken, the judge of probate shall transmit all papers
in the action, except the map and certified resolution, to the clerk of the court to which
the appeal is taken, and such map and certified resolution, after the same have been recorded
by the judge of probate as provided in this article, may be withdrawn from the file in the
judge of probate's office by either party for use in the trial of the action in the circuit
court, but must be returned to the judge of probate immediately after the trial of said action
in the circuit court. (Code 1907, §1101; Code 1923, §1795; Code 1940, T. 37, §164.)...

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