Code of Alabama

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40-10-15
Section 40-10-15 How sale made; duties of judge of probate. Such sales shall be made in front
of the door of the courthouse of the county at public outcry, to the highest bidder for cash,
between the hours of 10:00 A.M. and 4:00 P.M., and shall continue from day to day until all
the real estate embraced in the decree has been sold. The judge of probate must attend such
sales and make a record thereof in a book to be kept by him in his office for that purpose,
in which he shall describe each parcel of real estate sold and state to whom sold, the price
paid by the purchaser, the date of sale and, if no sale was effected, stating that fact, and
the reason thereof, and also in separate columns the amounts, as taken from the book or docket
in which the decrees are entered, of each kind of tax penalties and of the fees and costs
in each case, and he must also enter in such docket, in each case, the land sold under the
decree in that case, the purchaser thereof and the amount at which it was...
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45-34-84.80
Section 45-34-84.80 Reimbursement for monetary loss. (a) The Henry County Commission shall
reimburse the office of the Judge of Probate of Henry County for any monetary loss, up to
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 the personal knowledge of the judge of probate,
including loss arising from acceptance of worthless or forged checks, drafts, negotiable instruments,
money orders, or other written orders for money or its equivalent. The reimbursement payments
shall be made from the county general fund. (b) It shall be the duty of the judge of probate
to ensure that the employees of the office exercise due care in performing their required
duties and make a diligent effort to correct the error, mistake, or omission. The judge of
probate 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...
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11-48-22
Section 11-48-22 Delivery of assessment book to city or town clerk; publication of notice as
to delivery and inspection of book, etc. After the completion of the proper entries of each
improvement, said book shall be delivered to the city or town clerk, who shall thereupon give
notice by publication one time in some newspaper published in said municipality or of general
circulation therein that said assessment roll or list has been delivered to him and is open
for inspection in the office of the person authorized to make collection of said assessments.
(Code 1907, §1377; Code 1923, §2192; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §531.)...

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17-17-10
Section 17-17-10 Notice of ineligibility for appointing board; serving on board when ineligible.
Any judge of probate who shall fail to certify to the clerk of the circuit court the fact
of the candidacy of the judge of probate, the clerk of the circuit court, or the sheriff,
thus rendering them ineligible to serve as members of the appointing board of election managers,
in the manner and time he or she is required to so certify such fact under the election laws
of this state, shall be guilty , upon conviction, of a violation. Any judge of probate, sheriff,
or circuit clerk who shall act as a member of the appointing board of election managers while
a candidate for public office, shall be guilty, upon conviction, of a violation (Code 1907,
§§349, 6812, 6813; Code 1923, §§439, 3930, 3931; Code 1940, T. 17, §§122, 325, 326;
§17-6-3; amended and renumbered by Act 2006-570, p. 1331, §87.)...
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25-5-91
Section 25-5-91 Forwarding of copy of judgment, etc., to probate court; creation of judgment
lien. Whenever any decision or order is made and filed by the court upon any matter arising
under this article, the clerk of the court shall forthwith make and forward to the judge of
probate of the county in which the complaint was filed a certified copy of such decision or
order with any memorandum of the judge and of any judgment entered. No fee or other charge
shall be collected therefor. The plaintiff or owner of any judgment so certified may have
the same registered by the probate judge upon the payment of the fee fixed by law for registering
judgments, and the same shall become a lien in like manner as other registered judgments,
unless the same is made a preferred lien by other provisions of some law. (Acts 1919, No.
245, p. 206; Code 1923, §7580; Code 1940, T. 26, §306.)...
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26-11-2
Section 26-11-2 Procedure for legitimation by written declaration of father generally; notification
of mother; filing of response; appointment of guardian ad litem; hearing; issuance of order
by court; certification of minutes of court to Office of Vital Statistics. (a) A father of
a bastard child may seek to legitimate it and render it capable of inheriting his estate by
filing a notice of declaration of legitimation in writing attested by two witnesses, setting
forth the name of the child proposed to be legitimated, its sex, supposed age, and the name
of mother and that he thereby recognizes it as his child and capable of inheriting his estate,
real and personal, as if born in wedlock. The declaration, being acknowledged by the maker
before the judge of probate of the county of the father's residence or the child's residence
or its execution proved by the attesting witnesses, shall be filed in the office of the judge
of probate of the father's residence or the child's residence. (b)...
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35-6-49
Section 35-6-49 Filing and recordation of application, etc.; record as evidence. The application,
commission, statement of the commissioners and plat and map must be filed in the office of
the judge of probate, and, together with all orders made by him, must be recorded in a book
kept by him for the record of conveyances of land, and when recorded, the record thereof shall
be presumptive evidence of the truth of any fact therein stated. (Code 1852, §2684; Code
1867, §3112; Code 1876, §3506; Code 1886, §3245; Code 1896, §3170; Code 1907, §5213;
Code 1923, §9313; Code 1940, T. 47, §202.)...
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35-6-61
Section 35-6-61 Sale instead of partition - Evidence. Evidence in support of such application
must be taken as in actions before the circuit court, and before granting the decree of sale
the probate court must be satisfied from the evidence that an equitable division or partition
cannot be made; and when the application is by the guardian of an infant or person of unsound
mind, the court must be satisfied from the evidence that it would be to the interest of such
infant, or person of unsound mind, to sell the property for the purpose of division or partition.
(Code 1867, §3123; Code 1876, §3517; Code 1886, §3256; Code 1896, §3181; Code 1907, §5225;
Code 1923, §9325; Code 1940, T. 47, §213.)...
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43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either
party may remove the same to another county by proceeding as is required in civil actions
in the circuit court; and when an order for the removal of the trial of such contest is made,
the judge of probate must transmit the will, subpoenas and all other papers belonging, and
a transcript of all the entries of record relating thereto, to the judge of the probate court
of the county to which the trial is ordered to be removed. Such judge of probate must proceed
to try the case in the same manner as prescribed for the judge of probate of the county from
which it has been removed. (b) If the judgment is rendered in the probate court to which it
has been removed, and no appeal is taken within 30 days thereafter, such judgment must be
certified by the judge of such probate court, and the will and other papers be returned to
the probate court from which the trial was removed; and the will must be...
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45-11-161
Section 45-11-161 Reimbursement; duties of judge of probate and tax collector; relief from
personal liability; fee for worthless instruments. (a) The Chilton County Commission shall
reimburse the office of judge of probate and tax collector or other like official charged
with collecting taxes or licenses of Chilton County for any monetary loss, up to 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 the personal knowledge of the judge of probate and tax collector
or other like official charged with collecting taxes or licenses; including loss arising from
acceptance of worthless or forged checks, drafts, negotiable instruments, money orders, or
other written orders for money or its equivalent. The reimbursement payments shall be made
from the county general fund. (b) It shall be the duty of the judge of probate and tax collector
or other like official charged with collecting taxes or licenses to...
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