12-19-113
Section 12-19-113 Probate court - Proceedings to pass upon soundness of mind of person. Jurors
summoned under the provisions of this code to pass upon the soundness of mind of a person,
with a view to the appointment of a guardian, are each entitled to receive $5.00 per day of
attendance, to be paid on the certificate of the probate judge in the same manner as regular
jurors are paid. (Code 1852, §2763; Code 1867, §3202; Code 1876, §5054; Code 1886, §3695;
Code 1896, §1385; Code 1907, §3728; Code 1923, §7293; Code 1940, T. 11, §16; Acts 1951,
No. 625, p. 1079, §2; Acts 1975, No. 1205, p. 2384, §16-141.)...
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12-19-112
Section 12-19-112 Probate court - Ad quod damnum proceedings. The viewing jurors in cases of
erection of dams and establishment of public mills and all jurors summoned under writs of
ad quod damnum are each entitled to $5.00 per day, to be paid by the applicant before return
of verdict. (Code 1852, §2114; Code 1867, §2506; Code 1876, §5052; Code 1886, §3693; Code
1896, §1383; Code 1907, §3727; Code 1923, §7292; Code 1940, T. 11, §15; Acts 1951, No.
625, p. 1079, §1.)...
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12-13-40
Section 12-13-40 Powers of probate judges generally. The probate judge shall have authority:
(1) To administer oaths and take and certify the same in all cases in which administering
such oath and taking such affidavit is not confined expressly to some other officer; (2) To
cause jurors to be impaneled and sworn in any matter of fact pending before him in which the
right to a jury trial is given by law; (3) To appoint guardians ad litem for minors and persons
of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee
or other person connected with his office or related to him by consanguinity or affinity;
(4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary,
for whose official acts he shall be responsible; (5) To complete the minute entries and decrees
of the court when the same are incomplete on account of the failure to make necessary entries
at the time when they should have been made, but the necessary...
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40-10-131
Section 40-10-131 Rents, issues, and profits of redeemed land. Neither the purchaser, nor anyone
claiming under him, who may have lawfully obtained possession of any real estate purchased
at tax sales shall be liable upon the redemption of such real estate to account to the owner
for any rents, issues, or profits during such possession, but as to such rents, issues, and
profits he shall be held and considered the rightful owner of such real estate unless such
owner at the time of the sale was a minor or a person of unsound mind and had no guardian,
or his guardian was not lawfully served with notice of the proceedings had in the court of
probate for the sale of such real estate, in which event such purchaser or other person in
possession shall be liable for rents, issues, and profits, as in other cases; but neither
such purchaser nor anyone claiming under him shall have the right to cut standing timber from
land so purchased at tax sales, nor shall have the right to remove or destroy...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake has
been made in the description of lands of a decedent sold in good faith under an order of the
probate court, either in the petition, order or other proceedings, the court ordering the
sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs or devisees
of such decedent, if known, and if there be no personal representative, that fact must be
stated; and, upon the filing of such application, the court must appoint a day for the hearing,
of which, and of the nature of the application, notice must be given, by personal service,
to the personal representative of such decedent, and such of his...
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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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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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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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40-12-2
Section 40-12-2 Issuance; form of license; levy of county tax; actions for recovery of tax.
(a) Before any person, firm, or corporation shall engage in or carry on any business or do
any act for which a license by law is required, he, they, or it, except as otherwise provided,
shall pay to the judge of probate of the county in which it is proposed to engage in or carry
on such business or do such act, or to the commissioner of licenses or the state Department
of Revenue, as specified, the amount required for such license and shall comply with all the
other requirements of this title. (b) Upon the payment of the amount required for said license
and a fee of $1 herein provided for the issuance of such license and all costs and fees and
penalties which shall have accrued, or for which such person, firm, or corporation shall have
become liable in any proceedings commenced for the collection of such license, or to enforce
payment thereof, such probate judge, commissioner of licenses or...
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