7455. (5104) (3927) (5022) (3539) (3068) Probate judge corruptly receiving illegal fees.-Any judge of probate who corruptly receives any fee or item of costs not authorized by law, must, on conviction, be fined not less than one hundred nor more than five hundred dollars; 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. (Feb. 15, 1867, p. 440.) Proceedings to impeach probate judge.-Lovejoy v. State, 135 Ala. 64 (33 So. 156). 7456. (5132) (3946) (4172) Appointment by judge of probate of guardian ad litem.-Any judge of probate who appoints as guardian ad litem any clerk, employe, or any person connected with his office, or any person related to him by consanguinity or marriage, must, on conviction, be fined fifty dollars. (Dec. 1, 1874, p. 233.) 7457. (5145) (3947) (4173) (812) (685) Willful neglect of duty by judge of probate.-Any judge of probate who knowingly and willfully does any act contrary to the duties of his office, or knowingly omits or refuses to perform any duty required of him by law, must, on conviction, be fined not more than two hundred dollars, if there be no other punishment prescribed for such act or omission, and be removed from office. Against probate judge and commissioners for willfully failing to appropriate and set apart part of the revenue for the road fund under special Mar. 4, 228, sub div. 5; Mar. 7, 1907, p. 403, § 1. Probate Judges; Clerks and Registers. statute for Marshall county.-State v. Street, 117 Ala. 203 (23 So. 807). Impeachment of probate judge for willful neglect of duty.-State v. Lovejoy, 135 Ala. 64 (33 So. 156). 7458. Probate judge failing to collect recording or registra1903, p. tion tax upon mortgages, deeds of trust, etc.-Any probate judge who shall file for record or shall record any mortgage, deed of trust, or other instrument in the nature of a mortgage without collecting the recording or registration tax provided for the recording or registration of such instruments, or who shall fail to certify the fact that said tax has been paid before the filing and recording of such instrument, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten nor more than one hundred dollars. 7459. (3990) Probate judge, failure to keep abstract of mortgages. Any probate judge who fails to keep an abstract of mortgages or other instruments intended to secure the payment of money which are filed in his office for record, as he is required by law to keep, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten nor more than five hundred dollars. 7460. (5159) Clerk in office of judge of probate failing to deliver books, etc., to successor.-Any clerk or person in the office of the judge of probate 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 judge of probate, must, on conviction, be fined not less than two hundred dollars. (Dec. 13, 1892, p. 143, § 2.) 7461. (5116) (3929) Failure of clerk to receipt for and pay over money collected for feeding prisoners.-Any clerk of the circuit or city court who fails to give to the officer paying to him any money collected for feeding prisoners in jail, a receipt in duplicate therefor, or to pay over to the state treasurer any such money so received by him, as required by law, is guilty of a misdemeanor. (Dec. 11, 1882, p. 15, § 5.) 7462. (5118) Judicial officer or clerk failing to report hard labor sentences to judge of probate.-Any judicial officer or clerk who fails to report in writing to the judge of probate, as required by law, the name of any person sentenced to hard labor for the county, length of such sentence, the date of its commencement, and the amount of the costs therein, must, Probate Judges; Clerks and Registers. on conviction, be fined not less than twenty-five dollars. This 7463. (5143) (3958) (4167) (2870) Failure of register in chancery or commissioner to make deed of land.—Any register in chancery, or commissioner, who, having made sale of any real estate, or any interest therein, under any decree of the chancery or probate court, after the order of the court authorizing it, fails, on demand, to execute a conveyance to the purchaser, must, on conviction, be fined not less than one hundred dollars. (Feb. 16, 1867, p. 512, § § 1, 2.) 7464. (5146) (3950) (4159) (773) (653) Neglect of duty by clerk or register.-Any clerk of any court of record, or register in chancery, who fails to perform any duty imposed on him, for the failure to perform which no other punishment is provided, must, on conviction, be fined not exceeding two hundred dollars. Chapman's case, 73 Ala. 20. 7465. (5141) (3948) (4180) (657) Failure to take, keep, and bind newspapers.-Any probate judge, clerk of the circuit court, or register in chancery, who fails to subscribe for, take, file, cause to be bound, and safely keep in his office weekly newspapers, as required by law, must, on conviction, be fined not less than fifty dollars; and one conviction shall not bar a subsequent conviction for a continuing neglect. (Feb. 23, 1867, p. 72, § 3.) 7466. (5144) (3959) (4175) Failure to keep direct and reverse indexes.-Any probate judge, clerk of the circuit or city court, or register in chancery, who fails to keep direct. and reverse indexes of all books and records in his office, as required by law to be kept, must, on conviction, be fined not more than five hundred dollars. (Dec. 18, 1874, p. 233.) - 1901, p. 186, $$1 and 2. (r.c.c.) 7467. Probate judge, clerk, or register shall not assist in Mar. 4, preparation of court documents. No judge of probate, or his clerk, or register in chancery, shall prepare or assist in the preparation of any paper, document, or instrument to be heard or determined by the respective courts of which they are officers, except in the preparation of acknowledgments and proofs of conveyance, oaths, affidavits, and such instruments as by law he is required to prepare. Any one of such persons violating the provisions of this section shall be guilty Sheriffs, Jailers, and Constables. of a misdemeanor, and, on conviction, shall be fined not less than twenty nor more than one hundred dollars; and, at the discretion of the court, may be sentenced to hard labor for a term not to exceed six months. (r.c.c.) 7468. (5101) (3924) (4121) (3565) (25) Stocking jury.— Any sheriff or other officer having a discretion in summoning jurors, who summons any person with intent to produce a result favorable to any party having a cause in the court in which such person is summoned, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years. (Clay's Digest, p. 428, § 8.) 7469. (5102) (3925) (4123) (3570) (29) Same; connivance of sheriff at such offense.-Any sheriff who connives at the commission of the offense prohibited by the preceding section, by any constable, bailiff, or deputy sheriff, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years. 7470. (5110) (3971) (4838) (4167) (615) Failure of sheriff to execute process.-Any sheriff or other officer who fails negligently to execute any lawful process which it is his duty to execute, requiring the arrest of any person charged with a public offense, must, on conviction, be fined not less than one hundred dollars. (Mar. 6, 1875, p. 261.) 7471. (5111) (3972) (4128) (3571) (30) Refusal to execute process, or receive prisoner into jail.-Any sheriff or other officer who willfully or corruptly refuses to execute any lawful process which it is his duty to execute, or willfully or cor Sheriffs, Jailers, and Constables. ruptly omits to execute such process, or willfully or corruptly refuses to receive into any jail under his charge any offender lawfully committed thereto, and ordered to be confined therein on any criminal charge, conviction, or lawful process whatever, must, on conviction, be fined not less than fifty nor more than two thousand dollars. (Clay's Digest, p. 429, § 14.) 7472. (5112) (3973) (4129) (3572) (31) Refusal to receive prisoner into custody.-Any jailer or other officer who willfully refuses to receive into his custody any person lawfully committed thereto, on any criminal charge or conviction, must, on conviction, be fined not more than five hundred dollars. (Clay's Digest, p. 429, § 15.) 7473. (5113) (3928) Failure of sheriff to keep book, etc., showing accounts for feeding prisoners, etc.—Any sheriff who fails to enter into a book, to be kept by him for that purpose, any account paid him by the state for feeding prisoners, or to keep such book in his office as one of the public records thereof, or to lay the same before the grand jury at each term of the circuit or city court held in his county, or, upon the expiration of his term of office, to turn the same over to his successor, as required by law, is guilty of a misdemeanor. (Dec. 11, 1882, p. 15, § 5.) 7474. (5114) (3930) Sheriff receiving unlawful pay for feeding prisoners.-Any sheriff who knowingly receives from the state for feeding a prisoner or prisoners any sum of money to which he is not lawfully entitled, must, on conviction, be punished as if he had stolen it. (Feb. 22, 1881, p. 11, § 6; Dec. 11, 1882, p. 15, § 5.) 7475. (5115) (3936) Failure of sheriff to pay over costs taxed for removing prisoners.-Any sheriff who, having collected, on execution or otherwise, from any defendant convicted for a criminal offense, the fees or compensation allowed to sheriffs as mileage for themselves, guards, and prisoners, on removing such defendant under the order of any court or judge upon a change of venue, or when such defendant is arrested and confined in a county other than that in which he is triable, fails for ninety days after the collection thereof to pay the same to the state treasurer, must, on conviction, be fined not less than fifty nor more than five hundred dollars. (Feb. 17, 1885, p. 116, § 2.) 7476. (5122) (3983) (4490) (3788) (240) Failure to deliver jail, etc., to successor.-Any person in charge of the jail, or |