35-6-117
Section 35-6-117 Appointment and duties of commissioners generally; oath; return; seizure of
crops. If a division of the crops is decreed, the judge of probate must forthwith issue a
writ, directed to the sheriff, and commanding him to summon three disinterested and intelligent
householders of the county, not related to either of the parties, to make such division, who
shall divide the crops among the parties according to the decree, a copy of which must accompany
the writ, and shall, within 10 days after their appointment, make due return of the division
made by them in writing and under oath, which oath must be taken before the judge of probate,
and must set forth that they made the division fairly and impartially, to the best of their
knowledge and ability; and for the purpose of such division the sheriff, if not in possession,
and no forthcoming bond has been given, must seize the crops to be divided, if in the possession
of any of the parties to the proceedings. (Code 1876,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-117.htm - 1K - Match Info - Similar pages

6-6-682
Section 6-6-682 Judgment in favor of clerk of appellate court; copy of execution and certification
of clerk as evidence. (a) Judgment must, in like manner, be entered in favor of the clerk
of an appellate court against the sheriff or coroner, on three days' notice: (1) For failure
to return an execution from that court; (2) For making a false return thereon; (3) For failing
to make the money thereon when by due diligence it could have been made; or (4) For failing
on demand to pay over money collected on execution, for the penalties prescribed in this division
for the same defaults on executions issued from the circuit court. (b) On the trial of the
motion by such clerk, a copy of the execution made and certified by him with the return thereon,
if any was made, or a statement that no return was made, if such be the fact, together with
his certificate that the execution was received by the sheriff or sent to him by mail is evidence
of the facts so certified, without producing a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-682.htm - 1K - Match Info - Similar pages

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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-21-16.htm - 1K - Match Info - Similar pages

36-11-18
Section 36-11-18 Execution of process, etc., where sheriff or clerk of court subject to impeachment
proceedings. In all cases in which the sheriff is the party accused, all process relating
to the case shall be executed by the coroner of the county or, if there is no coroner, then
by such other person as may be appointed by the court or a judge in vacation. If the accused
is the clerk of the court, then the court or judge thereof shall appoint a special clerk,
who shall be some reliable and responsible person and who shall perform and discharge all
the duties of the office as to this particular case, under the direction of the court or the
judge thereof, until such case is finally determined, and who shall be liable to all penalties
prescribed by law for any misfeasance, malfeasance or nonfeasance in the discharge of the
duties of such office. (Code 1876, §4056; Code 1886, §4828; Code 1896, §4874; Code 1907,
§7109; Code 1923, §4507; Code 1940, T. 41, §188.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-11-18.htm - 1K - Match Info - Similar pages

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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-5-13.htm - 845 bytes - Match Info - Similar pages

36-11-13
Section 36-11-13 Proceedings in circuit court - Issuance and service of order to appear and
answer information, summons and copy of information; setting of trial date and granting of
continuances generally. If such information is filed in the circuit court, the judge of such
court shall make an order requiring the officer proceeded against to appear at a place and
on a day to be specified in the order and answer the information. The clerk of the court shall
issue a summons, in which shall be set forth a copy of the order, directed to any sheriff
of the state of Alabama, and which, together with a copy of the information, shall be served
on such defendant. Another day may be set and other summons issued as often as may be necessary,
and continuances may be granted in the discretion of the court. (Code 1876, §4055; Code 1886,
§4827; Code 1896, §4873; Code 1907, §7108; Code 1923, §4506; Code 1940, T. 41, §187.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-11-13.htm - 1K - Match Info - Similar pages

36-11-9
Section 36-11-9 Proceedings in Supreme Court - Issuance and service of order to appear and
answer information, summons and copy of information; setting of trial date, granting of continuances,
etc. If such information shall be filed under Section 174 of Article 7 of the constitution,
the Supreme Court, in term time, or a justice thereof, in vacation, shall make an order requiring
the officer proceeded against to appear at a place and on a day, which may be either in term
time or vacation, to be specified in the order and answer the information. The clerk of the
court shall issue a summons, in which shall be set forth a copy of the order, directed to
any sheriff of the State of Alabama, which, together with a copy of the information, shall
be served on the defendant. If the summons is served 20 days before the day specified in the
order, the defendant shall answer the information on the day specified; and, if the summons
is served less than 20 days before the day so specified, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-11-9.htm - 1K - Match Info - Similar pages

11-51-12
Section 11-51-12 Filing of list in circuit court; entry of civil actions for assessments on
trial docket; issuance, execution, and return of summons notifying owners of institution of
proceedings against property generally. Such lists shall be filed with the register or clerk
of the circuit court. The register or clerk shall cause to be entered on the trial docket
in such court in a well-bound book kept for that purpose a civil action for each assessment
of property of the city or town against such property so assessed. Said docket shall show
the amount of the taxes sought to be collected, a description of the property and the name
of the owner, if known. Upon the filing of the certificate, the register or clerk is directed
to issue a summons, as in other civil actions, containing a description of the property and
notifying each owner of the filing of the proceedings against his property. Only one summons,
however, shall be necessary if two or more pieces of property are assessed to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-12.htm - 1K - Match Info - Similar pages

12-22-112
Section 12-22-112 Liability of defendant failing to appear; warrant of arrest. (a) If the defendant
fails to appear at the circuit court as required by the appeal bond, he shall be liable to
the same penalties, forfeitures and proceedings as on a forfeited bail bond taken in the court,
and a new warrant of arrest may issue from that court without any other authority therefor.
(b) Such warrant of arrest must be directed to any sheriff of the State of Alabama; and, when
the defendant is arrested, he must be dealt within all respects as if the arrest had been
made on capias from the circuit court. (Code 1852, §§507, 508; Code 1867, §§4057, 4058;
Code 1876, §§4727, 4728; Code 1886, §§4229, 4230; Code 1896, §§4625, 4626; Code 1907,
§§6728, 6729; Code 1923, §§3841, 3842; Code 1940, T. 15, §§361, 362.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-112.htm - 1K - Match Info - Similar pages

15-16-20
Section 15-16-20 Duty of judge to institute investigation on sanity of certain confined persons;
proceedings where person found insane. If any person other than a minor in confinement, under
indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness,
in consequence of any summary conviction appears to be insane, the judge of the circuit court
of the county where he is confined must institute a careful investigation, call a respectable
physician and call other credible witnesses; and, if he deems it necessary, he may call a
jury, for which purpose he is empowered to compel attendance of witnesses and jurors. If it
is satisfactorily proved that the person is insane, the judge may discharge him from imprisonment
and order his safe custody and removal to the Alabama state hospitals, where he must remain
until restored to his right mind, and then, if the judge shall have so directed, the superintendent
must inform the judge and sheriff, whereupon the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-16-20.htm - 1K - Match Info - Similar pages