Alabama § 12-19-47 Liability for Receiving Unauthorized Fees - Probate Judges

Alabama Statutes

§ 12-19-47 — Liability for Receiving Unauthorized Fees - Probate Judges

Alabama § 12-19-47

JurisdictionAlabama

Title 12Courts

Ch. 19Court Finances

Art. 3Costs and Fees in Civil Cases

Div. 1General Provisions

This text of Alabama § 12-19-47 (Liability for Receiving Unauthorized Fees - Probate Judges) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 12-19-47 (2026).

Text

(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 estate. This penalty shall be no bar to an indictment for extortion.

(b)Any probate judge who corruptly receives any fee or item of costs not authorized by law must, on conviction, be fined not less than $100.00 nor more than $500.00, and the grand jury must present an indictment, if justified by the evidence. Upon such conviction, the office shall be vacated and the fact of such conviction shall be certified to the Governor by the presiding judge.

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(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 estate. This penalty shall be no bar to an indictment for extortion.
(b) Any probate judge who corruptly receives any fee or item of costs not authorized by law must, on conviction, be fined not less than $100.00 nor more than $500.00, and the grand jury must present an indictment, if justified by the evidence. Upon such conviction, the office shall be vacated and the fact of such conviction shall be certified to the Governor by the presiding judge.

Legislative History

(Code 1852, §§3066, 3068; Code 1867, §§3537, 3539; Code 1876, §§5020, 5022; Code 1886, §§3680, 3927; Code 1896, §§1368, 5104; Code 1907, §§3708, 5104; Code 1923, §§5047, 7270; Code 1940, T. 11, §§31, 32.)