15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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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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12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings
on failure to appear. (a) If the defendant is in the custody of the sheriff and the order
allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being
served with the clerk's certificate that the order has been filed and with a copy of the order,
keep and detain the defendant in his custody, without executing the sentence which may have
been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment
for a term not exceeding 10 years, the judge or court must also direct the clerk of the court
in which conviction was had to admit the defendant to bail in a sum which may be prescribed
by the court, with sufficient sureties, conditioned for his appearance at the next session
of the court in which the conviction was had and, from session to...
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15-13-7
Section 15-13-7 Amount to be endorsed on writ of arrest. When a writ of arrest is issued upon
an indictment, the clerk issuing the writ must endorse thereon an order to the sheriff to
take bail of the defendant in the amount fixed by the judge and endorsed by him on the indictment.
(Code 1897, §4352; Code 1907, §6332; Code 1923, §3365; Code 1940, T. 15, §190; Acts 1949,
No. 199, p. 230.)...
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34-3-9
Section 34-3-9 Certain ministerial officers prohibited from practicing law. Any sheriff, coroner,
or deputy thereof, or constable who practices law in any court of this state must, on conviction,
be fined not less than $100. (Code 1886, §3943; Code 1896, §5129; Code 1907, §6316; Code
1923, §3312; Code 1940, T. 46, §57.)...
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6-6-161
Section 6-6-161 Return of writ, bond and affidavit; issue made up; burden of proof. The officer
making the levy must, except as otherwise provided in Sections 6-6-165 and 6-6-166, return
the writ, affidavit and bond to court to which it is returnable, when an issue must be made
up between the plaintiff in the writ and the claimant, in which the former must allege that
the property claimed is the property of the defendant in the writ and is liable to its satisfaction.
On the trial of such issue, the burden of proof is on the plaintiff. (Code 1852, §§2588,
2834; Code 1867, §§3017, 3280; Code 1876, §§3342, 3677; Code 1886, §§3005, 3366; Code
1896, §4142; Code 1907, §6040; Code 1923, §10376; Code 1940, T. 7, §1169.)...
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6-9-96
Section 6-9-96 Return - Unexecuted writ. If the writ is not executed or only executed in part,
the reason why it is not executed or only executed in part must be stated in the return. (Code
1852, §2439; Code 1867, §2854; Code 1876, §3192; Code 1886, §2901; Code 1896, §1899;
Code 1907, §4100; Code 1923, §7815; Code 1940, T. 7, §527.)...
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17-16-50
Section 17-16-50 Contest of senator or representative in Legislature - Filing. If the contest
is of the election of a senator or representative in the Legislature, the elector contesting
must file in the office of the clerk of the circuit court of any county of the senatorial
district, if such contest is of the election of a senator, or in the office of the clerk of
the circuit court of the county in which the election was held, if the contest is of the election
of a representative in the Legislature, a statement in writing of the grounds of contest,
as provided in this article, and must give good and sufficient security for the costs of such
contest, to be taken and approved by the clerk. The person whose election is contested must
have 10 days' notice of the statement in writing before the taking of testimony. Notice shall
be served by service of a certified copy of such statement by the sheriff or a constable of
the county, and such sheriff or constable must endorse on the original...
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12-22-244
Section 12-22-244 Duty of defendant on bail to surrender upon affirmation of conviction or
dismissal of appeal. When the defendant in a case of misdemeanor or felony is sentenced to
hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment
of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail
to surrender himself to the sheriff, at the county jail, within 15 days from the date of such
affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond
forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must
be issued, and so on until the judgment has been executed. If the defendant is taken on such
writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be
carried out as if no appeal had been taken. (Code 1852, §755; Code 1867, §4306; Code 1876,
§4982; Code 1886, §4513; Code 1896, §4321; Code 1907, §6252; Acts 1911,...
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36-23-6
Section 36-23-6 Duties. It shall be the duty of every constable: (1) To attend the circuit
court of the county when summoned by the sheriff for that purpose; (2) To execute and return
all summons, executions and other process directed to him by any lawful authority; (3) To
pay over moneys collected by virtue of his office to the person entitled thereto; and (4)
To perform such other duties as are or may be required of him by law. (Code 1852, §719;
Code 1867, §850; Code 1876, §766; Code 1886, §848; Code 1896, §976;
Code 1907, §3329; Code 1923, §6799; Code 1940, T. 54, §33.)...

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