Section 12-19-40 Posting of lists of fees by probate judges and furnishing of copies thereof. (a) Probate judges must keep posted, in a conspicuous place in their respective offices, a complete list of all the fees allowed by law to them and must furnish a copy thereof on application. (b) Any probate judge who fails […]
Section 12-19-41 Preparation of bills for fees or costs generally – Officers. All officers entitled to fees or costs must, on demand, make out a bill of such fees or costs, stating each item distinctly, and, except in cases where it is expressly authorized, no fee shall be charged for taxing costs or furnishing a […]
Section 12-19-42 Preparation of bills for fees or costs generally – Probate judges. It shall be the duty of the several probate judges to make out an itemized account for their official services before their fees are due and collectible. (Code 1876, §5031; Code 1886, §3686; Code 1896, §1376; Code 1907, §3721; Code 1923, §7286; […]
Section 12-19-43 Payment of fees for services in proceedings before judges of probate; security deposits. (a) Fees allowed by law in connection with proceedings before probate judges shall be collected either at the time the pleading is filed in probate court or at the termination of the suit, as determined by the court. Fees for […]
Section 12-19-44 Allowances for ex officio services. Persons entitled to an allowance by the county commission for what are commonly called ex officio services shall, before the allowance is made, itemize such services and make oath thereto, as in the case of other claims against the county. The compensation allowed shall be the fair and […]
Section 12-19-45 Maintenance of record book of fees received by probate judges. The probate judges must keep constantly in their offices, free to public inspection, a book in which must be entered all fees received by virtue of their office, stating for what and from whom received. (Code 1852, §3067; Code 1867, §3538; Code 1876, […]
Section 12-19-46 Liability for receiving unauthorized fees – Officers. Any officer authorized by law to take fees who knowingly receives any other or higher fees than are prescribed by law shall be liable to the party aggrieved for fourfold the fees so received, to be recovered in any court of competent jurisdiction. (Code 1852, §3059; […]
Section 12-19-47 Liability for receiving unauthorized fees – Probate judges. (a) Any probate judge who knowingly receives any other or higher fees than are allowed by law shall forfeit $50.00, to be recovered in the name of the person aggrieved. Such sum, if recovered by a personal representative or guardian, shall be assets of the […]
Section 12-19-48 Security for costs in suits by or for nonresidents in probate courts. The probate judge must take and approve security for costs in all suits within the jurisdiction of his court commenced by or for the use of a nonresident of this state. (Code 1886, §2863; Code 1896, §1352; Code 1907, §3692; Code […]
Section 12-19-49 Assessment of prepaid fees as costs against defendant; execution for prepaid fees assessed as costs against defendant; issuance of execution against plaintiff for unpaid fees where execution against defendant returned indicating “no property found.” (a) Prepaid fees shall be assessed as additional costs of the proceedings when costs are assessed against the defendant. […]
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance of execution against sheriff, etc., failing to return, levy, or collect execution issued against plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts of appeals, clerks of the circuit courts and probate judges, upon return […]
Section 12-19-51 Submission of cost bill by district court clerk, payment of circuit court docket fee and making of final assessment of costs in circuit court upon appeals from district courts to circuit courts. If an appeal to the circuit court is taken in a civil case, the clerk in making records available to the […]
Section 12-19-52 Recovery of full costs by defendant upon showing of usurious interest. If it shall be made to appear that usurious interest has been intentionally taken or reserved, the defendant shall recover full costs. (Code 1852, §2377; Code 1867, §2781; Code 1876, §3130; Code 1886, §2839; Code 1896, §1328; Code 1907, §3665; Code 1923, […]
Section 12-19-53 Entry of judgment for costs when judgment in action entered against nominal plaintiff. When judgment is entered against the plaintiff in any action brought in the name of a nominal plaintiff for the use of another, judgment for costs must be entered against the beneficiary or his personal representative. (Code 1852, §2383; Code […]
Section 12-19-54 Proceedings for retaxation of excessive costs in probate courts. (a) If the taxation of costs by a probate court is excessive by charging the costs of witnesses who were not examined, by charging costs to an improper party or by taxing costs contrary to law, the party aggrieved may move the court for […]
