17-15-6
Section 17-15-6 Notification of sheriff and clerk of circuit court. When any special election
is ordered by the Governor, the judge of probate of the counties in which such election is
to be held must, within three days after receiving notice thereof, notify the sheriff and
clerk of the circuit court of their respective counties of such special election. (Code 1876,
§§269, 4281; Code 1886, §§364, 4180; Code 1896, §§1603, 4687; Code 1907, §§444, 6784;
Code 1923, §§534, 3902; Code 1940, T. 17, §§220, 298; §17-18-6; amended and renumbered
by Act 2006-570, p. 1331, §76.)...
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26-8-51
Section 26-8-51 Sale of property to effect removal thereof from state - Disposition of proceeds
from sale; compensation of commissioner. The commissioner must, as soon as practicable after
the receipt of the purchase money for the property sold by him or her, pay the same to the
judge of probate or register or clerk, as the case may be, of the court ordering the sale,
and such money must be retained and safely kept by such judge or register or clerk until the
sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must be,
by such judge or register or clerk, returned to the purchaser. If the sale is confirmed, such
money must be by such officer paid over to the foreign conservator entitled to receive the
same, after deducting therefrom the costs and expenses attending the sale, including compensation
to the commissioner in the amount of two and one-half percent upon the proceeds of such sale,
but in no case more than $100. (Code 1896, §2385; Code 1907,...
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6-9-21
Section 6-9-21 When execution to issue - Generally. Within 90 days from the entry of a judgment,
the clerk or register must issue execution thereon in favor of the successful party unless
otherwise directed by the court or the judge presiding at the trial of the case or by the
written direction of owner of the judgment or his attorney of record. The writ must be signed
by the clerk or register, and tested on the day it is issued. (Code 1852, §2423; Code 1867,
§2838; Code 1876, §3180; Code 1886, §2883; Code 1896, §1881; Code 1907, §4079; Acts 1915,
No. 206, p. 270; Code 1923, §7795; Acts 1936, Ex. Sess., No. 157, p. 181; Code 1940, T. 7,
§508.)...
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12-13-37
Section 12-13-37 Appointment of special judge when probate judge incompetent, absent, sick,
etc., generally; powers and duties of special judge and force, effect, etc., of judgments,
orders and decrees thereof. If in any matter or proceeding arising in the probate court or
in reference to which the judge thereof is required to exercise jurisdiction or authority
or to perform a duty the judge is incompetent for any legal cause or shall be absent, sick
or otherwise disqualified from acting, he or his chief clerk must certify the fact of incompetency,
absence, sickness or disqualification to the Chief Justice of the Alabama Supreme Court, and
the Supreme Court shall, upon such certificate, appoint a person possessing the qualifications
of a probate judge to act as special probate judge. Such special judge in relation to such
matter or proceeding shall have the jurisdiction and authority and discharge the duties of
the probate judge, and the judgments, orders and decrees made or rendered...
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12-22-40
Section 12-22-40 Recording of order fixing supersedeas bond; failure to make or record same.
The order of the judge, register or clerk fixing the amount of a supersedeas bond, pursuant
to the Alabama Rules of Appellate Procedure, must be filed and entered by the clerk or register
on the minutes of the court, but the failure to make such order or, if made, to file or record
the same shall not impair the validity or obligation of any bond which is given as a security
by which an appeal and a stay of execution are in fact obtained. (Code 1852, §3020; Code
1867, §3490; Code 1876, §3928; Code 1886, §3626; Code 1896, §443; Code 1907, §2876; Code
1923, §6135; Code 1940, T. 7, §796.)...
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17-12-15
Section 17-12-15 Time and manner of canvassing. On the second Friday next after the election,
at the hour of 12:00 noon, the sheriff, in person or by deputy, and the judge of probate and
the clerk of the circuit court shall assemble at the courthouse; and if there is no such judge
or clerk, or if either of them fails to attend, or if either of them is interested by reason
of having been a candidate at such election, his or her place must be supplied by a respectable
elector of the county, appointed by the board hereinbefore provided for the appointing of
the inspectors in the various voting places for the election, at the time of appointing the
election inspectors, and if the appointing board fails to provide for such member or members,
or if any member or members as herein provided should fail to attend at the time and place
herein mentioned, the sheriff shall supply such deficiency by a respectable elector of the
county; and if all such officers are of the same political party, then...
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6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
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12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings
on failure to appear. (a) If the defendant is in the custody of the sheriff and the order
allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being
served with the clerk's certificate that the order has been filed and with a copy of the order,
keep and detain the defendant in his custody, without executing the sentence which may have
been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment
for a term not exceeding 10 years, the judge or court must also direct the clerk of the court
in which conviction was had to admit the defendant to bail in a sum which may be prescribed
by the court, with sufficient sureties, conditioned for his appearance at the next session
of the court in which the conviction was had and, from session to...
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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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12-19-193
Section 12-19-193 Fees for inquest; fees, etc., for postmortem examinations; payment of fees
to coroners for services rendered in discharging duties of sheriff. (a) Fees for holding inquest
shall be paid out of the county treasury, when the inquest has been held under the order of
a judge of a court of record or district attorney, and such fees must be also certified by
the coroner to the clerk of the circuit court of the county and must be taxed as costs against
any person who is convicted for killing the person on whose body the inquest was held and
be collected like other costs in criminal cases and, when collected in cases in which the
county has paid the same, shall be paid to the county treasurer for the use of the county
and, in other cases, to the coroner. (b) No fees shall be paid for an inquest when it is publicly
known before the jury is summoned who caused the death of the deceased or when the slayer
has been arrested for the homicide; but, in such case, if the immediate...
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