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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
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22-29-1
Section 22-29-1 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) AUTHORITY. The public corporation organized pursuant to the provisions of this chapter
as a public corporation, agency and instrumentality of the state. (2) AUTHORIZING RESOLUTION.
A resolution or order adopted by the board of directors authorizing the issuance of bonds
by the authority or providing for an indenture of trust under and pursuant to which its bonds
are to be issued. (3) BOARD OF DIRECTORS. The board of directors of the authority. (4) BOARD.
The State Board of Health of the State of Alabama or the State Committee of Public Health
or the State Health Officer, whichever at the time has the authority to act in health matters
pursuant to Sections 22-1-3, 22-2-1, 22-2-2, 22-2-6 and 22-2-8. (5) BONDS. The bonds issued
by the authority under the provisions of this chapter. (6) BOND SERVICE...
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22-3-4
Section 22-3-4 County health officers - Powers. The county health officer, elected as provided
in Section 22-3-2, shall devote all of his time to official work and shall, under no circumstances,
engage in private practice. He shall, under the direction of the State Health Officer and
the county board of health, have sole direction of all sanitary and public health work within
the county, including incorporated municipalities, and shall employ for his assistants, subject
to the provisions of the appropriate merit system, such number of physicians, nurses, clerks,
inspectors and other employees as are found necessary to accomplish the work. The county health
officer may remove from office any assistant or employee, subject to the rules of the appropriate
merit system. (Acts 1919, No. 658, p. 909; Code 1923, §1055; Acts 1935, No. 444, p. 926;
Code 1940, T. 22, §12.)...
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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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36-5-7
Section 36-5-7 Liability of officer improperly approving bond. The bond of any public officer
which is not in the penalty, payable and conditioned and has not sureties having the qualifications
required by law must not be approved, and the officer approving a bond not conforming to the
law in any or all of these respects shall be guilty of a neglect of duty and shall subject
himself and his sureties to a civil action by any person injured and a recovery to the extent
of such injury. (Code 1852, §120; Code 1867, §159; Code 1876, §170; Code 1886, §259;
Code 1896, §3072; Code 1907, §1485; Code 1923, §2597; Code 1940, T. 41, §37.)...
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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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15-10-60
Section 15-10-60 Definition; procedure. A "bench warrant" is one issued by a judge
for the arrest of one accused of a crime by a grand jury. Every officer is bound to issue
it within his jurisdiction, and every person so arrested must be committed to jail until bail
is tendered. Any judicial officer or the sheriff of the county where the accusation was found
may receive the bail, fix the amount of the bond and approve the sureties, unless it is a
case that is bailable only before some particular officer. (Code 1907, §7862; Code 1923,
§5597; Code 1940, T. 15, §184.)...
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15-21-16
Section 15-21-16 Service of writ. A writ of habeas corpus must be served by the sheriff, deputy
sheriff or some constable of the county in which it is issued or in which the person on whose
behalf it issued out is imprisoned or detained, by delivering a copy to the person to whom
it is directed and showing the original, if demanded. If such person cannot be found, conceals
himself or refuses admittance to the officer, the writ may be served by leaving a copy at
the place where the party is confined with any person of full age who, for the time being,
has charge of the party or by posting it in a conspicuous place on the outside of the house
or building in which the party is confined. (Code 1852, §722; Code 1867, §4273; Code 1876,
§4949; Code 1886, §4773; Code 1896, §4826; Code 1907, §7021; Code 1923, §4320; Code 1940,
T. 15, §16.)...
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36-5-24
Section 36-5-24 Liability of state or county officials collecting and paying out money and
of recipients thereof under law declared unconstitutional, void, etc. When any state or county
official shall have collected or paid out any money as fees, salary or compensation for official
services rendered under any law of Alabama, general or special, which law, subsequent to such
collection or paying out, shall be declared by the Supreme Court of Alabama to be unconstitutional
or void or illegal, such officer shall not be liable either individually or on his official
bond in any civil action brought for the recovery of such money so collected or paid out,
nor shall the person to whom the same shall have been paid be liable therefor. (Acts 1921,
Ex. Sess., No. 36, p. 50; Code 1923, §2610; Code 1940, T. 41, §58.)...
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