6-9-80
Section 6-9-80 Time for execution and return. The sheriff or other officer receiving an execution
must execute the writ with diligence and, if practicable, perform the mandate thereof and
make return of his acts to the clerk or register, as soon as practicable and not later than
90 days from the date of the execution. (Code 1852, §2437; Code 1867, §2852; Code 1876,
§3190; Code 1886, §2899; Code 1896, §1897; Code 1907, §4098; Code 1923, §7813; Code 1940,
T. 7, §526.)...
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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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15-10-4
Section 15-10-4 Arrest without warrant - Duty of arresting officer; authority of officer to
break and enter dwelling house. When arresting a person without a warrant, the officer must
inform of his authority and the cause of arrest, except when the person is arrested in the
actual commission of a public offense or on pursuit. In making a warrantless arrest, an officer
has authority to break open an outer or inner door or window of a dwelling house if, after
notice of his office and purpose, he is refused admittance. (Code 1852, §446; Code 1867,
§3995; Code 1876, §4665; Code 1886, §4263; Code 1896, §5212; Code 1907, §6270; Code 1923,
§3264; Code 1940, T. 15, §155.)...
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15-21-28
Section 15-21-28 Penalty - Refusal or neglect to deliver true copy of detention order, etc.
Any officer who refuses or neglects to deliver a true copy of the order, writ, warrant or
process by virtue of which he detains any prisoner, either to the prisoner himself or to any
other person who applies for the same on his behalf, for six hours after demand is made, forfeits
to the prisoner $200.00, and is also guilty of a misdemeanor, on conviction of which he shall
be fined not less than $50.00 nor more than $500.00; but no officer is required to deliver
more than two copies of such order, writ, warrant or process. (Code 1852, §739; Code 1867,
§4290; Code 1876, §4966; Code 1886, §4789; Code 1896, §4842; Code 1907, §7037; Code 1923,
§4336; Code 1940, T. 15, §32.)...
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15-9-38
Section 15-9-38 Right of arrestee to be informed; application for writ of habeas corpus; penalty
for violation of section. (a) No person arrested upon a warrant of arrest issued under this
division shall be delivered over to the agent whom the executive authority demanding him shall
have appointed to receive him unless he has been informed of the demand made for his surrender,
the crime with which he is charged and that he has the right to demand legal counsel. (b)
If the prisoner, his friends or counsel shall state that he or they desire to test the legality
of the arrest, the prisoner shall be taken forthwith before a judge of a district or circuit
court in this state, who shall fix a reasonable time to be allowed him within which to apply
for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time
and place of hearing thereon, shall be given to the public prosecuting officer of the county
in which the arrest is made and in which the accused is in...
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28-4-261
Section 28-4-261 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Limitation period for execution and return of warrant. The warrant must be executed and
returned to the judge of the district court by whom it was issued within 10 days from the
date of issuance. After that time, if it has not been executed, it is void. (Acts 1909, No.
191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4749; Code 1940, T. 29, §218.)...
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35-6-117
Section 35-6-117 Appointment and duties of commissioners generally; oath; return; seizure of
crops. If a division of the crops is decreed, the judge of probate must forthwith issue a
writ, directed to the sheriff, and commanding him to summon three disinterested and intelligent
householders of the county, not related to either of the parties, to make such division, who
shall divide the crops among the parties according to the decree, a copy of which must accompany
the writ, and shall, within 10 days after their appointment, make due return of the division
made by them in writing and under oath, which oath must be taken before the judge of probate,
and must set forth that they made the division fairly and impartially, to the best of their
knowledge and ability; and for the purpose of such division the sheriff, if not in possession,
and no forthcoming bond has been given, must seize the crops to be divided, if in the possession
of any of the parties to the proceedings. (Code 1876,...
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15-10-12
Section 15-10-12 When defendant to be taken before judge or magistrate issuing warrant. When
the warrant of arrest is executed in any county other than the one in which it is issued and
is for a felony, or when for a misdemeanor and the defendant is not bailed according to the
provisions of Sections 15-7-20 and 15-7-21, he must be brought before the judge or magistrate
issuing the warrant or, if such judge or magistrate is unable to attend or his office is vacant,
before some other judge or magistrate of the county in which such warrant is issued, and the
warrant, with a proper return thereof, must be delivered to such judge or magistrate. (Code
1852, §444; Code 1867, §3993; Code 1876, §4663; Code 1886, §4274; Code 1896, §5223; Code
1907, §6282; Code 1923, §3276; Code 1940, T. 15, §167.)...
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15-21-1
Section 15-21-1 Persons entitled to prosecute writ - Generally. Any person who is imprisoned
or restrained of his liberty in the State of Alabama on any criminal charge or accusation
or under any other pretense whatever, except persons committed or detained by virtue of process
issued by a court of the United States or by a judge thereof in cases of which such courts
have exclusive jurisdiction under the laws of the United States or have acquired exclusive
jurisdiction by the commencement of actions in such courts, may prosecute a writ of habeas
corpus according to the provisions of this chapter to inquire into the cause of such imprisonment
or restraint. (Code 1852, §709; Code 1867, §4260; Code 1876, §4936; Code 1886, §4761;
Code 1896, §4812; Code 1907, §7007; Code 1923, §4305; Code 1940, T. 15, §1.)...
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15-21-21
Section 15-21-21 When party to be discharged or remanded. Upon a hearing on a writ of habeas
corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must be
discharged; but, if it appears that he is held or detained in custody by virtue of process
issued by a court or judge of the United States in a case of which such court or judge has
exclusive jurisdiction or by virtue of any legal engagement or enlistment in the army or navy
of the United States or, being subject to the rules and articles of war is confined by anyone
legally acting by authority thereof, or is in custody for any public offense committed in
any other state or territory for which, by the Constitution and laws of the United States,
he should be delivered up to the authority of such state or territory or that he is otherwise
legally detained, he must be remanded. (Code 1852, §730; Code 1867, §4281; Code 1876, §4957;
Code 1886, §4781; Code 1896, §4834; Code 1907, §7029; Code 1923,...
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