Section 35-4-58

Mode of recording generally; time stamp; fees.

Judges of probate are to procure, at the expense of their counties, large and well-bound books, in which must be recorded in a fair hand, or by printing the same, or by the use of a typewriter or other writing or printing, photograph or photostat machine, word for word, conveyances of property and all other instruments authorized to be recorded, with the acknowledgments, proofs, schedules, plats, surveys, etc., belonging thereto; and, at the foot or in the margin of the record of each conveyance or other instrument, the day of the month and year of the delivery of the same for record must be specified. The judge making the record of any conveyance or other instrument must certify on the same when it was received and recorded and in what book and page the same is recorded and must deliver it to the party entitled thereto, or his order, on the payment of the fees of registration; but the judge of probate may refuse to indorse "filed" on any conveyance or other instrument or to record the same until such fees of registration are paid and unless the conveyance or other instrument is witnessed, probated, or acknowledged as required by this Code; provided, that in counties wherein a photostat machine or other similar photograph machine is used and an electric time clock or time stamp is used, the judge of probate may make the certificate required by this section by having same stamped upon the instrument with the electric time stamp to read as follows:


I CERTIFY THIS INSTRUMENT WAS FILED ON THE ____ DAY OF _____ (Month), _____ (Year) at (time). Recorded book and page as shown above.

(Signed) _____, Judge of Probate."

For making the certificate required by this section the judge of probate shall not be entitled to any additional fee for his service, other than that now provided for in Section 12-19-90.

(Code 1852, §1269; Code 1867, §1538; Code 1876, §2148; Code 1886, §1792; Code 1896, §986; Acts 1907, Ex. Sess., No. 56, p. 80; Code 1907, §3368; Code 1923, §6855; Acts 1927, No. 130, p. 89; Code 1940, T. 47, §97; Acts 1953, No. 281, p. 346.)