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36-12-23
Section 36-12-23 Proceedings for recovery of papers, property, etc., by successor to office
generally - Imprisonment of person charged with withholding papers, property, etc., upon failure
to make affidavit, etc. If the person complained against does not make such affidavit and
it appears that any such books, papers or property are withheld, the officer before whom the
proceedings are had shall, by warrant, commit the person so withholding to the jail of the
county, there to remain until he delivers such books, papers or property or is otherwise discharged
by law. (Code 1852, §157; Code 1867, §196; Code 1876, §209; Code 1886, §304; Code 1896,
§3136; Code 1907, §1552; Code 1923, §2686; Code 1940, T. 41, §135.)...
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36-12-22
Section 36-12-22 Proceedings for recovery of papers, property, etc., by successor to office
generally - Hearing; termination of proceedings against person charged with withholding papers,
property, etc., upon making of affidavit. At the time so appointed or at any other time to
which the matter may be adjourned, a copy of such order having been personally served on the
person so refusing, such officer shall proceed to inquire into the circumstances. If the person
charged with withholding such books, papers or property makes affidavit before such officer
that he has delivered over to his successor all such books, papers and property in his custody
or appertaining to such office, all further proceedings against him shall cease. (Code 1852,
§156; Code 1867, §195; Code 1876, §208; Code 1886, §303; Code 1896, §3135; Code 1907,
§1551; Code 1923, §2685; Code 1940, T. 41, §134.)...
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36-12-24
Section 36-12-24 Proceedings for recovery of papers, property, etc., by successor to office
generally - Issuance of warrant for search and seizure of papers, property, etc., upon failure
of person charged with withholding same to make affidavit, etc. In the case stated in Section
36-12-23, if required by the plaintiff, such officer shall also issue his warrant, directed
to any lawful officer, commanding him in the daytime to search such places as may be designated
in such warrant for such books, papers and property as belonged and appertained to the office
vacated and to seize and bring them before the officer issuing such warrant. (Code 1852, §158;
Code 1867, §197; Code 1876, §210; Code 1886, §305; Code 1896, §3137;
Code 1907, §1553; Code 1923, §2687; Code 1940, T. 41, §136.)...
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36-12-26
Section 36-12-26 Proceedings for recovery of papers, property, etc., by successor to office
upon death of incumbent, etc. If any person holding any office in this state dies or his office
in any way becomes vacant and any books, papers or property belonging or appertaining to such
office come into the possession of any person, the qualified successor to such office may,
in the manner before prescribed in Sections 36-12-20 through 36-12-25, demand such books,
papers or property from the person having the same in his possession; and, on the same being
withheld, an order may be obtained and the person charged may, in like manner, make oath of
the delivery of all such books, papers and property that ever came into his possession; and,
in case of his failure to make such oath and to deliver up the books, papers or property so
demanded, such person shall be committed to jail and a search warrant may be issued and the
books, papers, or property seized by virtue thereof and delivered to the...
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36-12-21
Section 36-12-21 Proceedings for recovery of papers, property, etc., by successor to office
generally - Filing of complaint; issuance of order to person refusing, etc., to deliver papers,
etc., to show cause why delivery of same should not be compelled. If any person refuses or
neglects, after demand made, to deliver over any books, papers or property as required in
Section 36-12-20, his successor may make complaint thereof to the judge of the circuit court
or judge of the probate court of the county in which the person refusing resides; and, if
such officer is satisfied by the oath of the plaintiff and such other evidence as may be offered
that any such books, papers or property are withheld, he shall grant an order requiring the
person so refusing to show cause before him, on a day and at a place named in such order,
why he should not be compelled to deliver the same. (Code 1852, §155; Code 1867, §194; Code
1876, §207; Code 1886, §302; Code 1896, §3134; Code 1907, §1550; Code...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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12-19-90
Section 12-19-90 Judge of probate - Schedule of fees. (a) The following fees for service provided
by the probate offices shall be charged and paid into the county treasury or to the judge
of probate as may be authorized or required by law: (1) Probate of will of not more than five
pages, whether contested or not, with three certified copies of letters and including final
settlement when not more than 10 pages. An additional charge of $3.00 per page for wills over
five pages in length and for final settlements in excess of 10 pages in length shall be made
..... $45.00 (2) Grant of letters of administration with three certified copies of letters
of administration and including final settlement when not more than 10 pages (when over 10
pages an additional charge of $3.00 per page) ..... 45.00 (3) Grant of letters of guardianship
or conservatorship, three certified copies ..... 20.00 (4) Partial or final settlement of
guardianship or conservatorship ..... 15.00 (5) Each additional...
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36-12-25
Section 36-12-25 Proceedings for recovery of papers, property, etc., by successor to office
generally - Examination of papers, property, etc., upon seizure and delivery thereof to complainant.
Upon books, papers or property being brought before such officer by virtue of such warrant,
he shall inquire and examine whether the same appertained to the office vacated, in which
case he shall cause such books, papers and property to be delivered to the plaintiff. (Code
1852, §159; Code 1867, §198; Code 1876, §211; Code 1886, §306; Code 1896, §3138; Code
1907, §1554; Code 1923, §2688; Code 1940, T. 41, §137.)...
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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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11-4-29
Section 11-4-29 Proceedings upon resignation, removal, death, etc., of treasurer. In case of
the resignation, expiration of his term, or removal from office, the county treasurer, or
if he dies his personal representatives, must state his account and deliver all the money,
books, papers, and property of the county to his successor, who must report the same to the
meeting of the county commission held next thereafter, and if satisfied that such account
is correct and that all the money, books, papers, and property of the county have been delivered
to such successor, such county commission must cause an entry thereof to be made of record.
(Code 1852, §798; Code 1867, §933; Code 1876, §850; Code 1886, §920; Code 1896, §1434;
Code 1907, §216; Code 1923, §309; Code 1940, T. 12, §38.)...
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