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35-4-73
Section 35-4-73 Recitation of marital status of grantor or vendor required; probate judge not
liable for good faith error; false recitation a misdemeanor. (a) No deed, contract, or other
conveyance of land or any interest therein, whether legal or equitable, shall be accepted
for record by the probate judge unless it contains a recitation of the marital status of an
individual grantor or vendor; provided, that this section shall apply only to instruments
executed subsequent to July 21, 1972. (b) A probate judge shall not be liable in damages or
for a penalty for an error or mistake in the performance of his duties under this section
if committed in good faith. (c) Any person who knowingly makes a false recitation, as provided
in subsection (a) of this section, shall be guilty of a misdemeanor. (Acts 1971, 3rd Ex. Sess.,
No. 172, p. 4422.)...
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35-4-74
Section 35-4-74 Necessity for including plat or description of plat book, etc.; probate judge
not liable for good faith error. (a) No instrument, other than a will, purporting to create
or transfer any interest in land shall be accepted for record by a probate judge if such instrument
describes the land in which such interest is to be created or transferred by reference to
a plat and the plat is not attached to and made a part of the instrument or the instrument
does not describe the plat book and the office in which such plat book is to be found and
there is no description of the land by metes and bounds; provided, that this section shall
apply only to instruments executed subsequent to July 21, 1972; provided further, that where,
prior to July 21, 1972, any person has received a conveyance of land, or any interest therein,
in which the land is described by reference to a plat which is not recorded and which is not
available to him, this section shall not apply if the grantor or...
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45-2-83.20
Section 45-2-83.20 Names and addresses of grantors and grantees required. (a) The Probate Judge
of Baldwin County shall not receive for record or permit the recording of an instrument in
which the title to real property, or of any interest therein, or lien thereon, is conveyed,
granted, encumbered, assigned, or otherwise disposed of, unless such an instrument has endorsed
on it, printed, typewritten, or stamped thereon, the grantee's and grantor's names and latest
complete addresses. (b) The probate judge shall not be liable in damages or penalty for any
error or mistake in the performance of the duties by this section if committed in good faith.
(c) This requirement imposed by subsection (a) shall be construed to be in addition to and
supplemental to any other laws relating to the recording of any vesting instruments, conveying
title or any interest to real property. (Act 82-842, 3rd Sp. Sess., p. 373, §§1-3.)...
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40-20-33
Section 40-20-33 When and by whom tax payable; effect of nonpayment. Such tax shall be payable
by the grantee or grantees named or the beneficiary or real party in interest under such lease,
deed, conveyance, transfer, assignment or other writing; except, that as to any exception
or reservation creating any such interest the same shall be payable by the grantor or grantors
in such instrument. Said tax shall be due and payable upon the filing of such instrument for
record. Any probate judge who accepts or records such an instrument upon which the tax is
not paid to him in the amount required herein shall be liable to the county for the amount
of tax shown to have been due upon the instrument. The amount shall likewise constitute a
lien upon the interest so conveyed, reserved or accepted by such instrument, collectible as
are other delinquent taxes due the county. If an insufficient amount is paid by such tax,
the filing and recording of the instrument shall nevertheless be good and...
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35-4-111
Section 35-4-111 Probate judge not liable for good faith errors. The probate judge shall not
be liable in damages or penalty for any error or mistake in the performance of the duties
prescribed in this division if committed in good faith. (Acts 1965, No. 624, 1137, §2; Acts
1971, 3rd Ex. Sess., No. 178, p. 4438, §2.)...
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26-3-13
Section 26-3-13 Liability of probate judge, etc., for neglect or omission in taking bond. The
judge of probate and the sureties on his or her official bond are liable to any person injured
for any wanton, fraudulent, or intentional misconduct of the judge in not taking from a conservator
a good and sufficient bond or for taking thereon insufficient surety or for wanton, fraudulent,
or intentional misconduct in not requiring the execution of a new or additional bond in the
cases in which such bond is required by law, if he or she knows or has good cause to believe
that the case exists in which such new or additional bond should be required. (Code 1886,
§2389; Code 1896, §2283; Code 1907, §4373; Code 1923, §8146; Code 1940, T. 21, §38; Acts
1987, No. 87-590, p. 975, §2-333(b); Act 2017-174, §1.)...
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11-48-59
Section 11-48-59 Performance of duties of probate judge; liability of probate judge for errors
in performance of duties. The duties imposed upon the probate judge in Sections 11-48-54 through
11-48-58 may be performed in his name and stead by any person or persons thereunto authorized
by him. The faithful performance of such duties may be compelled by mandamus, but the probate
judge shall not be liable in damages for any error or mistake in the performance of such duties
committed in good faith. (Acts 1939, No. 204, p. 354; Code 1940, T. 37, §566.)...
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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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45-12-81.20
Section 45-12-81.20 Reimbursement of judge of probate. (a) The Choctaw County Commission shall
reimburse the office of judge of probate from the general fund of the county, the amount of
any monetary loss, not to exceed a total payment of three thousand dollars ($3,000) 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, 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 the employees of his or her 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 does not apply to any deliberate misuse or...
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45-2-162
Section 45-2-162 Duties and liability of revenue commissioner, judge of probate, and sheriff.
(a) The Baldwin County Revenue Commissioner, Judge of Probate of Baldwin County, and Sheriff
of Baldwin County shall not be assessed any monetary loss, not to exceed five thousand dollars
($5,000) per year, arising or caused by error if the mistake or omission was made in good
faith or was caused without the personal knowledge of the officer, 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 revenue commissioner, judge of
probate, and 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...
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