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36-23-8
Section 36-23-8 Service of executions and attachments when office of constable vacant, etc.
When the office of constable is vacant or the constable is interested in an action, or in
case of emergency, the execution or attachment must be executed by any constable of the county
in whose hands the process may be placed or may be executed by the sheriff as in other cases.
(Code 1896, §979; Code 1907, §3332; Code 1923, §6802; Code 1940, T. 54, §36.)...
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6-6-332
Section 6-6-332 Process - Form of notice; service and return thereof. (a) Upon complaint being
made, the district judge shall issue a notice to the party against whom the complaint is made
to the following effect: The State of Alabama, ___ County. To ___ You are hereby commanded
to be and appear before me, at _____ on the _____ day of _____, 2__, to answer to, and make
defense against a complaint exhibited to me against you by _____, for a forcible entry and
detainer (or for unlawful detainer, as the case may be). Witness my hand this _____ day of
______, 2__. ___ District Court Judge (b) The notice shall be served on the defendant at least
six days before the return day of the process and may be served on the defendant anywhere
within the state. The return of the service thereof by any sheriff or constable of the state
is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall
be personally served upon the...
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11-14-20
Section 11-14-20 Special meeting of county commission to make special appropriations for jail
- Appropriation of funds and issuance of warrant to sheriff. Upon assembling, it is the duty
of the county commission to make an appropriation of such an amount as is necessary for the
purposes expressed in subdivision (1) of Section 11-12-15 and, for the payment thereof, to
order the issuance of a warrant payable to the sheriff, which must be paid by the county treasurer
on the presentment thereof, in preference and priority of all other claims. (Code 1886, §898;
Code 1896, §1413; Code 1907, §142; Code 1923, §220; Code 1940, T. 12, §194.)...
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15-21-30
Section 15-21-30 Attachment to compel obedience and punish for contempt. (a) It is the duty
of the officer before whom a writ of habeas corpus is returnable, in case of such refusal
or neglect on the part of the person to whom it is directed, to proceed forthwith against
him by process of attachment, as for contempt, to compel obedience to the writ and to punish
him for such contempt. (b) When such attachment is issued against the sheriff or his deputy,
it may be directed to the coroner or to any constable and may be executed by such coroner
or constable. (Code 1852, §741; Code 1867, §4292; Code 1876, §4968; Code 1886, §4791;
Code 1896, §4844; Code 1907, §7039; Code 1923, §4338; Code 1940, T. 15, §34.)...
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43-2-46
Section 43-2-46 Postponing issuance of letters during time for appeal. When there are contesting
applicants for letters testamentary or of administration, no letters must issue until the
time for taking an appeal from the judgment thereon has passed; and, if such appeal is taken,
no letters in chief must be granted until the appeal is finally disposed of; but a special
administrator may be appointed if necessary. (Code 1852, §1694; Code 1867, §2015; Code 1876,
§2377; Code 1886, §2035; Code 1896, §78; Code 1907, §2531; Code 1923, §5753; Code 1940,
T. 61, §88.)...
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6-6-10
Section 6-6-10 Fees and charges - Arbitrators, witnesses, sheriffs and constables; how paid.
The arbitrators are, if demanded by them, entitled each to $2 per day while actually engaged
in the arbitration, the witnesses to $1 per day each and the sheriff or constable to the customary
fees for executing subpoenas, all of which must be paid jointly by the parties unless the
arbitrators otherwise determine. (Code 1852, §2723; Code 1867, §3162; Code 1876, §3549;
Code 1886, §3235; Code 1896, §520; Code 1907, §2920; Code 1923, §6168; Code 1940, T. 7,
§841.)...
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6-6-101
Section 6-6-101 Forfeiture of bond; execution on bond. When the property replevied is not delivered
in 30 days after judgment against the defendant in attachment, the sheriff shall return the
bond forfeited, and execution must be issued thereon against the principal and sureties for
the amount of the value of the property replevied, as fixed by the sheriff or other officer
making the levy, with interest thereon from the date of the bond and for the cost of the replevy
and of the execution, unless such value is greater than the amount of the judgment against
the defendant, in which case the execution shall be for the amount of such judgment and costs.
(Code 1852, §2538; Code 1867, §2966; Code 1876, §3291; Code 1886, §2965; Code 1896, §556;
Code 1907, §2956; Code 1923, §6204; Code 1940, T. 7, §877.)...
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6-9-98
Section 6-9-98 Endorsements on execution writs - Time and order of receipt. The sheriff or
other officer receiving an execution must endorse thereon the day, month, and year of its
receipt, and when more than one execution against the same defendant comes to his hands on
the same day, if not received at the same time, he must endorse thereon the order in which
they are received. (Code 1852, §2436; Code 1867, §2851; Code 1876, §3189; Code 1886, §2898;
Code 1896, §1896; Code 1907, §4097; Code 1923, §7812; Code 1940, T. 7, §525.)...
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15-10-41
Section 15-10-41 Form of writ - Felony. When the indictment is for a felony, the writ of arrest
may be substantially in the following form: State of Alabama, _____ County. To any sheriff
of the state: An indictment having been found against A. B., at the ______ session, 20__,
of the ______ court of _____ County, for the offense of ______ (describing the offense so
as to show that it is a felony), you are, therefore, commanded forthwith to arrest the said
defendant and commit him to jail; and that you return this writ according to law. (signed)
C. D., Clerk of the circuit court of _____ Ccounty. Dated this _____ day of ______, 20__.
(Code 1852, §602; Code 1867, §4154; Code 1876, §4827; Code 1886, §4397; Code 1896, §5253;
Code 1907, §6285; Code 1923, §3279; Code 1940, T. 15, §170.)...
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22-12-20
Section 22-12-20 Attempted escapes and escapes from detention. Should a person who has been
legally placed in detention by a county health officer or quarantine officer attempt to make
his escape, such person may be forcibly detained or, should such person make his escape, complaint,
on oath, may be made before the judge of probate or a judge of the circuit, district or municipal
court of the county or municipality where the escape or attempted escape occurs, by the county
health officer or quarantine officer, whereupon such judge of probate or the judge of the
circuit, district or municipal court to which such complaint was made, shall issue a warrant
authorizing a sheriff, bonded constable or other lawful officer to arrest such person and
return him to detention. (Code 1852, §966; Code 1867, §1217; Code 1876, §1511; Code 1886,
§1267; Code 1896, §2402; Code 1907, §753; Code 1923, §1219; Acts 1935, No. 444, p. 926;
Code 1940, T. 22, §152.)...
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