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15-4-4
Section 15-4-4 Service of subpoenas; proceedings against defaulting witnesses; endorsement
as presumptive evidence of default. (a) In an inquest under this chapter, the sheriff or any
constable must serve subpoenas for witnesses or they may be served by the coroner. (b) If
any witness, being subpoenaed, fails to attend, the coroner must endorse on the subpoena his
default, sign his name thereto and return the same to the clerk of the circuit court of the
county within five days thereafter, and such witness must be proceeded against in such court,
in the name of the state, as if he were a defaulter therein, the endorsement of the coroner
being presumptive evidence of the default. (Code 1852, §815; Code 1867, §4366; Code 1876,
§3994; Code 1886, §4804; Code 1896, §4927; Code 1907, §7165; Code 1923, §4560; Code 1940,
T. 15, §79.)...
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28-3-193
tax due pursuant to this article shall not be entitled to deduct and retain the two and one-half
percent discount prescribed in Section 28-3-190(b) hereof upon any portion of the tax which
is not timely paid. (b) If any taxes or penalties imposed by this article remain due and unpaid
for a period of 10 days, the presiding officer of the affected governing body may issue a
warrant or execution directed to any sheriff of the State of Alabama, commanding him to levy
upon and sell the real and personal property of the taxpayer found within his county
for the payment of the amount thereof, with penalties, if any, and the cost of executing the
warrant, and to return such warrant to the governing body of the county or municipality and
pay to it the money collected by virtue thereof. Upon receipt of such execution, the sheriff
shall file with the clerk of the circuit court of his county a copy thereof and thereupon
the clerk of the circuit court shall enter in his abstract of judgments the...
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28-4-256
Section 28-4-256 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Issuance by judge. If the judge of the district court is satisfied of the existence
of ground or grounds for the application, or one of them, or that there is probable cause
to believe the existence of them, or one of them, he must issue a search warrant, signed by
him, directed to the sheriff or to any lawful officer, commanding him to forthwith search
the place named for the prohibited liquors and beverages and to bring them before the judge.
If the warrant is sought to search a place whose keeper or owner is unknown, the affidavit
may so state and the warrant may issue accordingly. The judge of the district court may direct
the warrant to the chief of police or any police officer of a municipality when the place
to be searched is within a municipality or within the police jurisdiction thereof. (Acts 1909,
No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4746; Code 1940,...
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6-3-8
Section 6-3-8 Venue of actions - Breach of official bond. (a) At the election of the Attorney
General, all actions of summary proceedings by or for the use of the state founded on breach
of the official bond of a state officer or a former state officer, of a tax collector or former
tax collector, of a judge of probate or former judge of probate, of a tax assessor or former
tax assessor, or clerk of the circuit court or former clerk of the circuit court may be commenced
in the circuit court of Montgomery County or in a court of the county in which any one of
the obligors in such bond may reside. (b) An action on the official bond executed by a sheriff
or any deputy sheriff may be commenced only in the county of residence of the principal or
in the county in which he resided at the time of the execution of the same; provided, that
if the act complained of was committed in some county other than the county in which he resided,
then such action may be commenced in the county where such act...
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6-9-89
Section 6-9-89 Sale of levied property - Perishable goods and chattels - Strawberries. When
strawberries are levied on or seized under any writ of detinue, writ of attachment, or writ
of execution, the sheriff or constable making the levy or seizure shall, unless a replevy
bond or forthcoming bond is immediately executed by the defendant, proceed forthwith to sell
the strawberries so levied on or seized either at public or private sale, as he may deem best,
and the proceeds of such sale shall be by such officer paid into the court out of which said
writ was issued and shall be held by such court pending the final disposition of the case.
(Acts 1931, No. 348, p. 407; Code 1940, T. 7, §538.)...
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15-21-9
Section 15-21-9 Form of writ. A writ of habeas corpus may be, in substance, as follows: The
State of Alabama,) ___ County.) To the sheriff of ___ County (or other person by whom the
party is imprisoned or restrained): You are hereby commanded to have the body of A. B. alleged
to be detained by you, by whatsoever name the said A. B. is called or charged, with the cause
of such detention, before C. D., judge of the circuit court (or other officer, as required
by Section 15-21-8), on _____ at _____ (specifying the time and place, or immediately after
the receipt of this writ, as the case may be), to do and receive what shall then and there
be considered concerning the said A. B. Dated this ____ day of _____, 20___. (Signed by the
officer, with his official title.) (Code 1852, §716; Code 1867, §4267; Code 1876, §4943;
Code 1886, §4767; Code 1896, §4820; Code 1907, §7015; Code 1923, §4313; Code 1940, T.
15, §9.)...
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15-22-32
Section 15-22-32 Parole court; hearing officers; sanctions; delegation of authority. (a) Whenever
there is reasonable cause to believe that a prisoner who has been paroled has violated his
or her parole, the Board of Pardons and Paroles, at its next meeting, may declare the prisoner
to be delinquent, and time owed shall date from the delinquency. The Department of Corrections,
after receiving notice from the sheriff of the county jail where the state prisoner is being
held, shall promptly notify the board of the return of a paroled prisoner charged with violation
of his or her parole. Thereupon, the board, a single member of the board, a parole revocation
hearing officer, or a designated parole officer shall hold a parole court at the prison or
at another place as it may determine within 20 business days and consider the case of the
parole violator, who shall be given an opportunity to appear personally or by counsel before
the board or the parole court and produce witnesses and...
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15-6-25
Section 15-6-25 Discharge of defendant; commitment to jail; contents of commitment warrant.
(a) Upon an undertaking, with sufficient sureties being given, the defendant must be discharged;
and, if not given, the circuit, district or municipal court judge must commit him to jail
until he gives the same, specifying in the warrant of commitment the cause thereof, the time
he is required to keep the peace, towards whom particularly and the sum in which security
is required. (b) Any person committed under the provisions of subsection (a) of this section
may be discharged by the sheriff of the county in which he is detained upon entering into
an undertaking to keep the peace, with sufficient sureties, in the sum and for the term required
by the circuit, district or municipal court judge. (Code 1852, §§416, 417; Code 1867, §§3965,
3966; Code 1876, §§4035, 4036; Code 1886, §§4689, 4690; Code 1896, §§5170, 5171; Code
1907, §§7529, 7530; Code 1923, §§5147, 5148; Code 1940, T. 15,...
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17-16-40
Section 17-16-40 Grounds of contest. The election of any person declared elected to the office
of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture
and Industries, Public Service Commissioner, senator or representative in the Legislature,
justices of the Supreme Court, judges of the courts of appeals, judge of the circuit court
or district court, or any office which is filled by the vote of a single county, or to the
office of constable may be contested by any person who was at the time of either of the elections
a qualified elector for any of the following causes: (1) Malconduct, fraud, or corruption
on the part of any inspector, clerk, returning officer, canvassing board, or other person.
(2) When the person whose election to office is contested was not eligible thereto at the
time of such election. (3) On account of illegal votes. (4) On account of the rejection of
legal votes. (5) Offers to bribe, bribery, intimidation, or other...
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2-15-297
Section 2-15-297 Stray cattle, equine, or equidae found on quarantined or tick infested ranges,
pastures, etc.; condemnation and sale; redemption. All stray cattle and equine or equidae
running at large on quarantined or tick infested ranges, commons, pastures, or fields, if
the cattle and equine or equidae have not been dipped as provided in this article, shall be
taken up by the sheriff, any constable or livestock inspector, quarantined and dipped regularly
once every two weeks and fed and cared for at the expense and risk of the owner of the animals.
The sheriff, any constable or livestock inspector shall apply to any judge of a district court
to have the animals condemned as strays and sold at public auction. The judge of the district
court shall post notices of the sale of the animals in three public places in the county where
the stock is taken up and in one county paper, if one is published in the county, giving the
time and place of the sale, and the sale shall not be made...
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