(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.
Structure Code of Alabama
Article 3 - Costs and Fees in Civil Cases.
Division 1 - General Provisions.
Section 12-19-40 - Posting of Lists of Fees by Probate Judges and Furnishing of Copies Thereof.
Section 12-19-41 - Preparation of Bills for Fees or Costs Generally - Officers.
Section 12-19-42 - Preparation of Bills for Fees or Costs Generally - Probate Judges.
Section 12-19-44 - Allowances for Ex Officio Services.
Section 12-19-45 - Maintenance of Record Book of Fees Received by Probate Judges.
Section 12-19-46 - Liability for Receiving Unauthorized Fees - Officers.
Section 12-19-47 - Liability for Receiving Unauthorized Fees - Probate Judges.
Section 12-19-48 - Security for Costs in Suits by or for Nonresidents in Probate Courts.
Section 12-19-52 - Recovery of Full Costs by Defendant Upon Showing of Usurious Interest.
Section 12-19-54 - Proceedings for Retaxation of Excessive Costs in Probate Courts.