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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26-8-51
Section 26-8-51 Sale of property to effect removal thereof from state - Disposition of proceeds
from sale; compensation of commissioner. The commissioner must, as soon as practicable after
the receipt of the purchase money for the property sold by him or her, pay the same to the
judge of probate or register or clerk, as the case may be, of the court ordering the sale,
and such money must be retained and safely kept by such judge or register or clerk until the
sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must be,
by such judge or register or clerk, returned to the purchaser. If the sale is confirmed, such
money must be by such officer paid over to the foreign conservator entitled to receive the
same, after deducting therefrom the costs and expenses attending the sale, including compensation
to the commissioner in the amount of two and one-half percent upon the proceeds of such sale,
but in no case more than $100. (Code 1896, §2385; Code 1907,...
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16-9-4
Section 16-9-4 Misdemeanor to print name of person without certificate on ballot; candidates.
Any person securing his name, or the name of another printed on a ballot as a candidate for,
or nomination by a political party as a candidate for the office of county superintendent
of education, without first there having been filed with the probate judge, as required by
law, the certificate signed by the State Superintendent of Education that the person whose
name is printed on the ballot holds a certificate of administration and supervision, and any
officer permitting the printing on a ballot of the name of a person as a candidate for, or
nomination by a political party as a candidate for the office of county superintendent of
education when there has not been filed with the probate judge such certificate shall be subject
to a penalty of $250.00, recoverable in the name of the state for the use of any school board
first instituting an action therefor. Any resident of the county may...
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26-10A-32
Section 26-10A-32 Birth certificates. (a) Within 10 days of the final decree being entered
the judge or the clerk of the court shall send a copy of the final order to the Department
of Human Resources and shall send a certificate of the final order of adoption to the State
Registrar of Vital Statistics of the State Board of Health upon the form supplied by the state
registrar for that purpose. (b) Upon receipt of copy of any final order of adoption the State
Registrar of Vital Statistics shall cause to be made a new record of the birth in the new
name and with the name or names of the adopting parent or parents as contained in the final
decree. The state registrar shall then cause to be sealed and filed the original certificate
of birth with the decree of the court. (c) Except as otherwise provided by subsection (c)
of Section 22-9A-12, after the new birth certificate has been issued, the original birth certificate
and the evidence of adoption are not subject to inspection except upon...
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12-13-9
Section 12-13-9 Powers of probate court as to punishment for contempt. (a) The probate court
may issue show cause orders and attachment for contempts offered to the court or its process
by any executor, administrator, guardian, or other person and may punish the person by a fine
not exceeding twenty dollars ($20) and imprisonment not exceeding 24 hours, or both. (b) In
all cases or other proceedings in the probate court of a county where the judge of probate
is a licensed attorney in this state, the judge of probate shall have the same power to punish
for civil contempt as granted to a judge of the circuit court pursuant to Section 12-11-30
or other law or as provided by the common law of this state. (Code 1852, §671; Code 1867,
§791; Code 1876, §694; Code 1886, §788; Code 1896, §3364; Code 1907, §5420; Code 1923,
§9580; Code 1940, T. 13, §279; Act 2017-388, §1.)...
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36-14-13
Section 36-14-13 Acts and resolutions of Legislature - Distribution of additional copies, and
sale of surplus copies; electronic distribution. (a) The Secretary of State must also transmit
to the chair of the county commission and the judges of probate of each county, for such judge,
each member of the Legislature, clerk of any court of record, sheriff, and register of the
circuit court, one copy of each volume. The remaining copies must be sold as other books and
documents, the property of the state, at a price to be established by the Secretary of State,
and the proceeds thereof paid into the Treasury. (b)(1) In lieu of binding and distributing
copies of each volume of acts and resolutions as required under subsection (a), the distribution
may be made by electronic means, including the posting of the acts and resolutions on the
public website of the Secretary of State. (2) If the Secretary of State elects to distribute
copies of each volume of acts and resolutions by electronic means...
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12-13-37
Section 12-13-37 Appointment of special judge when probate judge incompetent, absent, sick,
etc., generally; powers and duties of special judge and force, effect, etc., of judgments,
orders and decrees thereof. If in any matter or proceeding arising in the probate court or
in reference to which the judge thereof is required to exercise jurisdiction or authority
or to perform a duty the judge is incompetent for any legal cause or shall be absent, sick
or otherwise disqualified from acting, he or his chief clerk must certify the fact of incompetency,
absence, sickness or disqualification to the Chief Justice of the Alabama Supreme Court, and
the Supreme Court shall, upon such certificate, appoint a person possessing the qualifications
of a probate judge to act as special probate judge. Such special judge in relation to such
matter or proceeding shall have the jurisdiction and authority and discharge the duties of
the probate judge, and the judgments, orders and decrees made or rendered...
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19-3-28
Section 19-3-28 Notice to creditors. Upon the making of such order the register or clerk must
give notice thereof by mail, postage prepaid, to each creditor whose name and address he may,
by diligent inquiry and investigation, ascertain from the trustee, or assignor, or the record
of the deed of assignment in the office of the judge of probate, or any other available source
of information, and must also give notice by publication once a week for three successive
weeks in a newspaper published in the county, or if there be no such paper, by posting the
notice at the courthouse door for the same length of time. Such notice may be substantially
in the following form: "To the creditors of A.B., of _____: "The said A.B., having
made an assignment for the benefit of creditors, and C.D. having filed his petition for the
administration of such trust by the circuit court, and the circuit judge having made an order
designating the _____ day of _____, as a day by or on which all claims of...
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30-1-7
Section 30-1-7 Persons authorized to solemnize marriages. (a) Generally. Marriages may be solemnized
by any licensed minister of the gospel in regular communion with the Christian church or society
of which the minister is a member; by an active or retired judge of the Supreme Court, Court
of Criminal Appeals, Court of Civil Appeals, any circuit court, or any district court within
this state; by a judge of any federal court; or by an active or retired judge of probate.
(b) Pastor of religious society; clerk of society to maintain register of marriages; register,
etc., deemed presumptive evidence of fact. Marriage may also be solemnized by the pastor of
any religious society according to the rules ordained or custom established by such society.
The clerk or keeper of the minutes of each society shall keep a register and enter therein
a particular account of all marriages solemnized by the society, which register, or a sworn
copy thereof, is presumptive evidence of the fact. (c) Quakers,...
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11-50-233
Section 11-50-233 Certificate of incorporation - Acknowledgment, filing, and recordation. The
certificate of incorporation shall be acknowledged before an officer authorized by the laws
of this state to take acknowledgment of deeds. When so acknowledged, the certificate may be
filed with the judge of probate of the county in which such city or town is located, who shall
forthwith file such certificate and record the same. When application has been made as provided
in Section 11-50-231 and a certificate of incorporation filed and recorded as provided in
this section, the applicants shall constitute a corporation under the name proposed in the
certificate of incorporation. (Acts 1936-37, Ex. Sess., No. 228, p. 274; Code 1940, T. 37,
§396.)...
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