40-1-23
Section 40-1-23 Liability of officers for conversion. Any probate judge, clerk of a court of
record, register, sheriff, coroner, tax collector, county treasurer, trustee of public schools,
notary public, constable, or other public officer who knowingly converts to his own use or
permits another to use any of the revenue of the state or of any county or municipality thereof
or any money paid into his office or received by him in his official capacity is liable to
indictment and, on conviction, must be punished as if he had stolen it. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, §902.)...
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31-2-104
Section 31-2-104 Courts-martial for members of National Guard - Persons authorized to execute
processes and sentences. All processes and sentences of any of the military courts of this
state shall be executed by any sheriff, deputy sheriff, constable, or police officer, or by
any person deputized by the military court, into whose hands the same may be placed for service
or execution, and such officer shall make return thereof to the officer issuing or imposing
the same. Such service or execution of process or sentence shall be made by such officer without
tender or advancement of fee therefor, but all costs in such cases shall be paid from funds
appropriated for military purposes. The actual necessary expenses of conveying individuals
from one county in the state to another, when the same is authorized and directed by the Adjutant
General of the state, shall be paid from the regular military appropriation of the state when
approved by the Governor. (Acts 1936, Ex. Sess., No. 143, p....
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15-7-21
Section 15-7-21 Discharge of defendant - By judge or magistrate; certification and delivery
of warrant with undertaking. (a) When the offense described in the warrant is a misdemeanor
and it is not executed by the sheriff or his deputy, at the defendant's request, he may be
brought before a judge, or a magistrate when authorized by law to grant bail, of the county
in which the warrant was executed; and such judge or magistrate may, without examination,
discharge such defendant, upon sufficient bail for his appearance before the court having
cognizance of the offense. (b) The judge or magistrate admitting a defendant to bail under
the provisions of subsection (a) of this section must certify the same upon the warrant and
deliver such warrant, with the undertaking, to the officer who executed the warrant, who must
cause the same to be delivered without unnecessary delay to the clerk of the court in which
the defendant is bound by his undertaking to appear. (Code 1852, §§441, 443; Code...
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40-3-23
Section 40-3-23 Service of subpoenas, notices, and other writings. Whenever under the provisions
of this title any notice, subpoena, or writing is required to be given or served, the same
shall be served by any sheriff in this state or his deputy or by any lawful constable of this
state, except as otherwise provided by this title. The compensation of such officer for serving
such notice, subpoena, or writing shall be the same as is now allowed the sheriff for summoning
witnesses for the circuit court in civil cases, which shall be paid by the county commission
of the county. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §112.)...
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11-47-172
compos mentis, a nonresident, or unknown, then the mayor or other chief executive officer shall
apply to the clerk of the circuit court of the county for a writ of ad quod damnum to be directed
to the sheriff of the county, commanding him to summon three freeholders of the county to
appear before the sheriff on a day named, not less than two days from the date of the writ,
and to proceed under his direction to assess a value of the lands of such proprietor for the
use thereof or damages or injury which may be done to any property by the change in
the grade of any street, sidewalk, or public place named in the application for the writ and
in the writ, which shall describe the lands required for the use of the city or town, the
use for which said lands are desired, the grade intended (in case of change desired in grade
of any street, sidewalk, or public place) and the name of the owners, respectively, if known,
and the said persons thus selected shall be sworn by the sheriff to...
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36-15-1
of a municipality or county or officer or governing body of any other elected or appointed
body shall submit with the request for an opinion a resolution adopted by the governing body
setting forth the facts showing the nature and character of the question which makes the advice
or opinion sought necessary to the present performance of some official act that the officer
or governing body must perform. d. An officer or governing body shall not submit to the Attorney
General moot, private, or personal questions in which the state, county, or public
is not materially or primarily interested or questions that are subject to ongoing litigation.
Any officer shall submit, with the request for an opinion, a writing setting forth the facts
showing the nature and character of the question which makes the advice sought necessary to
present performance of some official act that the officer must perform. (2) He or she shall
attend, on the part of the state, to all criminal cases pending in the...
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3-5-13
Section 3-5-13 Procedure for sale of livestock or animal when not reclaimed by owner, etc.;
disposition of proceeds of sale. If the owner or his agent shall not, when he has made no
bond, reclaim his livestock or animal within 24 hours after the judge of the district court
shall have ascertained such damages, then the judge of the district court shall order the
same sold by a constable of the precinct or by someone appointed to act as such or by the
sheriff or his deputy or by the law enforcement officer of a municipality. Such officer, upon
the making of such order, shall sell the same upon giving five days' notice of such sale by
publication one time in a newspaper published in the county, said notice to contain a brief
description of the livestock or animal to be sold and the time and place of sale. But out
of the proceeds such officer shall pay the costs and expenses and damages due the plaintiff
and the expenses of taking up, keeping and caring for such livestock or animal, and...
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3-5-12
Section 3-5-12 Proceedings for recovery of livestock or animal by owner; determination of validity
of seizure, amount of damages, etc., where owner unknown, etc.; fees and costs of district
court judge and officer making seizure; appeals from judgment of district court. (a) The owner
of any livestock or animal which has been seized shall have the right to possession of the
same by paying such judgment and the costs thereof or, if no judgment has been entered, by
paying such damages as may be agreed upon together with fees and costs and expenses due on
account of such seizure to the person or officer so seizing such livestock or animal or to
the person who may at the time of such payment have such livestock or animal in his possession
and by paying to the court the costs of the court incurred to the time of such payment. Should
the parties be unable to agree upon the amount of damages, fees, costs and expenses due, either
party shall have the right to go before any district court judge...
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3-5-8
Section 3-5-8 Posting of notice as to taking, etc., and hearing thereupon; proceedings where
owner appears and claims livestock or animal generally; proceedings and entry of judgment
for sale where livestock or animal not claimed and adjudged to be unlawfully at large generally.
(a) The district court shall give notice, by posting in three public places in the county,
setting forth the fact of such taking up, the description of the livestock or animal and the
fact that the owner is unknown or, if known, that he cannot be located, and notifying any
person claiming to be the owner of such livestock or animal to appear before the court at
a place named not less than three days nor more than six days from the date of such notice
and prove such claim of ownership. (b) If such person appears at any time and if the judge
of the district court is satisfied that such person is the actual owner of such livestock
or animal, then the judge shall require the owner of the livestock or animal to pay...
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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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