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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35-4-139
Section 35-4-139 Liability of judges and officers on bonds. If any judge of probate shall fail to perform any of the duties required of him by this article, he shall be liable on his official bond to any party injured for all damages he may sustain; and, if any sheriff, constable, marshal, or other officer shall fail to file the notice provided for in this article, upon the levy by him of any process on real estate, he shall be liable on his bond for all damages resulting therefrom. (Acts 1915, No. 77, p. 122; Code 1923, §6883; Code 1940, T. 47, §71.)...
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6-2-34
Section 6-2-34 Commencement of actions - Six years. The following must be commenced within six years: (1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery; (2) Actions for any trespass to real or personal property; (3) Actions for the detention or conversion of personal property; (4) Actions founded on promises in writing not under seal; (5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise; (6) Actions for the use and occupation of land; (7) Motions and other actions against the sureties of any sheriff, coroner, constable, or any public officer and actions against the sureties of executors, administrators, or guardians for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time to be computed from the act done or omitted by their principal which fixes the liability of the surety; (8) Motions and other actions against...
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15-21-14
Section 15-21-14 Issuance of precept; execution of precept by sheriff or constable. (a) At the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the officer issuing the writ must, on a proper showing, issue a precept directed to any sheriff or constable of the state, commanding him to have the body of the person who is imprisoned or restrained produced before the officer before whom the writ is returnable at the time and place at which it is returnable. (b) Such precept must be executed by any sheriff or constable into whose hands it may come according to its mandate. (c) If the party is brought before the court or judge by virtue of a precept issued under the provisions of this section, the case must be heard and determined as if he had been produced in return to the writ. (Code 1852, §§720, 727; Code 1867, §§4271, 4278; Code 1876, §§4947, 4954; Code 1886, §§4771, 4778; Code 1896, §§4824, 4831; Code 1907, §§7019, 7026; Code 1923,...
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36-5-13
Section 36-5-13 Attorneys not deemed sufficient sureties on official bonds of probate judges, sheriffs, constables, etc. A practicing attorney-at-law must not be deemed a sufficient surety on the official bond of the judge of probate or of the clerk or register of any court of record or of any other officer of a court of record or of the sheriff or deputy sheriff or the coroner, or of any constable, general or special. (Code 1886, §264; Code 1896, §3077; Code 1907, §1490; Code 1923, §2602; Code 1940, T. 41, §43.)...
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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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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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28-4-287
Section 28-4-287 Execution of bond by defendant or claimant for recovery of seized vehicle, etc., pending condemnation action; proceedings upon failure of defendant or claimant to deliver said vehicle, etc., upon entry of judgment of condemnation. Whenever a conveyance, vehicle of any kind or animal used in drawing the same is seized by an officer of the state under the prohibition laws of this state, the defendant in the proceedings or the claimant of the property shall have the right to execute a bond in double the value of such property or of any item thereof, with good and sufficient surety, to be approved by the sheriff or the register or clerk of the circuit court and conditioned, in the event the said property is condemned, to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation and to pay any difference between the value of said property at the time of the seizure and the time of the delivery to the sheriff after condemnation, such...
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28-4-288
Section 28-4-288 Execution of bond by defendant or claimant for recovery of seized vehicle, etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc., upon affirmance of judgment upon appeal, etc. Whenever a conveyance, vehicle of any kind or animal used in drawing the same is seized by an officer of the state under the prohibition laws of this state and has been condemned by the circuit court that tried the action, the defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the value of said property and of the several items separately and shall have the right to execute a bond with two good sureties in double the appraised value of such property or of any item or items thereof, to be approved by the clerk or register of the circuit court, conditioned, in the event the appeal is affirmed or reversed and the conveyance, vehicle,...
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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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