12-19-96
Section 12-19-96 When coroners or constables entitled to receive full commissions. Coroners
or constables shall not be entitled to full commissions until after actual levy of execution
on property of the defendant and the money made or paid to the plaintiff in execution, and
then only on the amount actually collected or paid. (Code 1852, §3055; Code 1867, §3526;
Code 1876, §5009; Code 1886, §3669; Code 1896, §1357; Code 1907, §3697; Code 1923, §7259;
Code 1940, T. 11, §35; Acts 1975, No. 1205, p. 2384, §16-142.)...
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12-19-97
Section 12-19-97 When coroners or constables entitled to receive only half commissions. When
the coroner or constable has levied execution and, before sale, it is stayed by order of the
plaintiff, the coroner or constable so levying shall receive only half commission. (Code 1852,
§3056; Code 1867, §3527; Code 1876, §5010; Code 1886, §3670; Code 1896, §1358; Code 1907,
§3698; Code 1923, §7260; Code 1940, T. 11, §36; Acts 1975, No. 1205, p. 2384, §16-143.)...

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12-19-50
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 of an execution "no
property found" against the defendant by the proper officer of the county in which the
judgment was entered, or, if the execution is from the Supreme Court or courts of appeals,
of the county from which the case was brought, may issue execution against the plaintiff or
appellant, as the case may be, for the costs actually created by the plaintiff or appellant,
but for none other, to be collected and returned as other executions. (b) Judgment may be
entered on motion in the circuit court of such county, in the name of the clerk or probate
judge issuing the execution, against the sheriff or his sureties, or either of...
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12-19-95
Section 12-19-95 Collection, etc., of commissions on costs on executions by coroners or constables
generally. No coroner or constable shall collect or reserve commissions on costs taxed in
an execution put in his hands. The commissions allowed by law shall be collected or received
only on the principal, damages and interest of the execution. (Code 1852, §3062; Code 1867,
§3533; Code 1876, §5016; Code 1886, §3672; Code 1896, §1360; Code 1907, §3700; Code 1923,
§7262; Code 1940, T. 11, §6; Acts 1975, No. 1205, p. 2384, §16-139.)...
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43-8-196
Section 43-8-196 Costs. The costs of any contest under the provisions of this article must
be paid by the party contesting if he fails; otherwise, it must be paid by the plaintiff or
out of the estate, or in such proportion by the plaintiff or out of the estate as the court
may direct; and for the costs directed to be paid by the plaintiff or defendant, execution
may be issued as in other cases; and the costs directed to be paid out of the estate may be
collected as other claims against an estate are collected. (Code 1852, §§1649, 1650, 1653;
Code 1867, §§1967, 1968, 1971; Code 1876, §§2331, 2332, 2335; Code 1886, §1996; Code
1896, §4294; Code 1907, §6203; Code 1923, §10632; Code 1940, T. 61, §59; Code 1975, §43-1-76.)...

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6-9-143
Section 6-9-143 Liability of purchaser for not complying with terms of sale; form of action
against purchaser. (a) Any person who may become the purchaser of any real or personal estate
at any sale which may be made at public outcry by an executor, administrator or guardian or
by any sheriff or other officer under and by virtue of any execution or other legal process
and who shall fail or refuse to comply with the terms of such sale when requested so to do
shall be liable for the amount of such purchase money, and it shall be at the option of such
sheriff or other officer either to proceed against such purchaser for the full amount of the
purchase money or to resell such real or personal estate and then proceed against the first
purchaser for the deficiency arising from such sale. (b) The action provided for in subsection
(a) of this section may be commenced in the name of the sheriff or other officer making the
sale for the use of the plaintiff or defendant in execution or for any...
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6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
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12-19-92
Section 12-19-92 Constables' fees generally; exception as to Jefferson County. (a) Constables
shall be entitled to the following fees for the following services in civil cases in which
the amount in controversy is less than $20.00: (1) Serving summons $.50 (2) Summoning each
witness .25 (3) Levying an attachment for not more than $50.00 .75 (4) Levying an attachment
for more than $50.00 1.00 (5) Levying an execution for not more than $50.00 .50 (6) Levying
an execution for more than $50.00 1.00 (7) Making money on execution, two percent on the amount
collected, but in no case less than .50 (8) Serving notice on each party therein named .25
(9) Serving notice in the nature of scire facias .50 (10) Taking any bond required by law
.50 (11) Keeping property levied on, such sum as a judge may order to be paid out of the money
in the hands of the constable arising from the sale (12) In cases of forcible entry and detainer,
and unlawful detainer, for serving summons and writ 1.00 (13) For...
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43-2-90
Section 43-2-90 Rights of sureties among themselves. The sureties in either bond, who have
been compelled to make any payment thereon for the principal obligor, on a breach subsequent
to the execution of the last bond, have the same remedies against the sureties on the remaining
bonds as cosureties have against each other and may recover against such sureties such an
amount as shall be in the same proportion to the sum paid by the plaintiff as the aggregate
penalty of the two bonds bears to the penalty of the bond of the defendant, apportioning the
same among the solvent sureties. (Code 1852, §1717; Code 1867, §2038; Code 1876, §2407;
Code 1886, §2059; Code 1896, §106; Code 1907, §2553; Code 1923, §5775; Code 1940, T. 61,
§109.)...
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8-3-41
Section 8-3-41 Issuance of execution on judgment paid by surety; collection of money from principal
debtor or cosureties. (a) If a judgment is entered by any court against a principal debtor
and his surety, or against his sureties, and one or more of his sureties shall pay and satisfy
the judgment, the same shall be thereby transferred and assigned by operation of law to the
surety or sureties paying and satisfying it, who shall have all the liens and equities of
such judgment and of the debt or claim on which the same is founded which the creditor therein
had. (b) The surety, on making affidavit of his suretyship and of his having paid the judgment
and filing the affidavit and any evidence of such payment that he may hold with the officer
authorized to issue execution on the judgment to whom he may apply for execution, shall be
entitled to have execution issued on the judgment in the name of the plaintiff or complainant
for his use or in his own name against the other defendants...
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