43-2-254
Section 43-2-254 Enforcement of decree or judgment when administrator adversely interested.
When such administrator ad litem is appointed on account of the adverse interest of the executor
or administrator, and the decree or judgment is rendered against such executor or administrator,
no execution, writ of possession or other writ for the enforcement of the decree or judgment
shall issue thereon, but in such decree or judgment the court shall require the executor or
administrator to charge himself, as executor or administrator of the estate represented by
the administrator ad litem, with the money or property recovered of him by the administrator
ad litem; but when the decree or judgment is not against the executor or administrator, execution,
writ of possession, or other writ for the enforcement of the judgment or decree, shall issue
thereon in favor of such executor or administrator. (Code 1876, §2628; Code 1886, §2287;
Code 1896, §356; Code 1907, §2822; Code 1923, §6061; Code...
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15-10-44
Section 15-10-44 Execution of writ by sheriff or deputy. A writ of arrest may be executed by
the sheriff of any county in the state or by his deputy. Such officers have the same powers
and authority, in relation to arrest under a writ of arrest, as are by law conferred upon
them in executing a warrant of arrest. (Code 1852, §604; Code 1867, §4156; Code 1876, §4829;
Code 1886, §4400; Code 1896, §5256; Code 1907, §6288; Code 1923, §3282; Code 1940, T.
15, §173.)...
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6-6-262
Section 6-6-262 Execution, garnishment, or other process on bond. If the unsuccessful party,
who has given bond and taken the property into possession fails, for 30 days after the judgment,
to deliver the property and to pay the damages assessed for the detention thereof and the
costs, the sheriff must, upon the bond, make return of the fact of such failure; and, thereupon,
the bond has the force and effect of a judgment on which execution, garnishment, or other
process may issue against any, or all, the obligors therein for the alternative value of the
property as assessed by the jury and the damages assessed for its detention and the costs.
If the property is delivered and the damages assessed for its detention and the costs are
not paid, the sheriff must, upon the bond, make return of the fact, and execution, garnishment,
or other process must issue against any or all of the obligors for such damages and costs,
or for either, as either may be unpaid. (Code 1852, §2195; Code 1867,...
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43-2-200
Section 43-2-200 Liability of sureties to execution. Upon the return of an execution as provided
in section 43-2-199 and, further, that no property of such executor or administrator, or property
not sufficient to satisfy the same, is found in the county in which the execution is issued,
the sureties on his bond shall be liable in all respects as in cases of a return of no property
found on executions issued against resident executors or administrators. (Code 1876, §2383;
Code 1886, §2042; Code 1896, §88; Code 1907, §2564; Code 1923, §5787; Code 1940, T. 61,
§149.)...
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11-4-29
Section 11-4-29 Proceedings upon resignation, removal, death, etc., of treasurer. In case of
the resignation, expiration of his term, or removal from office, the county treasurer, or
if he dies his personal representatives, must state his account and deliver all the money,
books, papers, and property of the county to his successor, who must report the same to the
meeting of the county commission held next thereafter, and if satisfied that such account
is correct and that all the money, books, papers, and property of the county have been delivered
to such successor, such county commission must cause an entry thereof to be made of record.
(Code 1852, §798; Code 1867, §933; Code 1876, §850; Code 1886, §920; Code 1896, §1434;
Code 1907, §216; Code 1923, §309; Code 1940, T. 12, §38.)...
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15-4-10
Section 15-4-10 Money and property of deceased to be delivered to county treasurer; exception;
disposition of property and proceeds therefrom. (a) Within 30 days after an inquest on a dead
body, the coroner must deliver to the county treasurer any money or other property which may
be found on the body, unless claimed in the meantime by the legal representatives of the deceased.
If he fails to do so, the treasurer may proceed against him for the amount or value thereof,
on 10 days' notice to him and his sureties, or against any of them served therewith and recover
the same, with 20 percent damages on the amount or value thereof. (b) Upon the receipt of
the money by the treasurer, he must place it to the credit of the county. If it is other property,
he must sell it within three months at the courthouse of the county at public auction, upon
reasonable public notice, and in like manner must place the proceeds to the credit of the
county. (c) If such money in the treasury is demanded in...
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16-8-40
Section 16-8-40 Acquisition of property; right to sue and contract; execution of process. (a)
The county board of education shall have the right to acquire, purchase by the institution
of condemnation proceedings if necessary, lease, receive, hold, transmit and convey the title
to real and personal property for school purposes. (b) It may sue and contract. All contracts
shall be made after resolutions have been adopted by the board and spread upon its minutes.
(c) All processes shall be executed by service on the executive officer of the board. (School
Code 1927, §132; Acts 1933, Ex. Sess., No. 87, p. 81; Code 1940, T. 52, §99.)...
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45-45-85.21
Section 45-45-85.21 Recording fee. (a) In Madison County, a special recording fee of four dollars
($4) shall be collected by the judge of probate on each real or personal property, uniform
commercial code, judicial, or other instrument recorded or filed for record in the probate
court of the county. The special recording fee shall be in addition to all other fees, taxes,
and other charges required by law to be paid upon the recording or filing for record of any
real or personal property, uniform commercial code, judicial, or other instrument. All special
recording fees collected shall be deposited by the judge of probate in any depository in the
county as designated by the county governing body. Notwithstanding the fee set by this section,
the county commission may adjust the fee from time to time by resolution of the commission
adopted at a regularly scheduled meeting of the commission to meet the needs of this section.
(b) The fees collected under this section shall be expended at...
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45-49-85.04
Section 45-49-85.04 Additional recording fee; methods of archiving court records. (a) In Mobile
County, a special recording fee of two dollars ($2) shall be collected by the judge of probate
on each real or personal property, uniform commercial code, judicial, or other instrument
recorded or filed for record in the probate court of the county. The special recording fee
shall be in addition to all other fees, taxes, and other charges required by law to be paid
upon the recording or filing for record of any real or personal property, uniform commercial
code, judicial, or other instrument. All special recording fees collected shall be deposited
by the judge of probate in any depository in the county as designated by the county governing
body. (b) The fees collected under this section shall be expended at the discretion of the
judge of probate for the preservation and restoration of court records and to develop, purchase,
install, upgrade, and maintain a computerized system for recording,...
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8-3-30
Section 8-3-30 When surety on replevy bond may demand collateral security; seizure of property
if collateral not given; disposition of seized perishable property. (a) When the principal
in any replevy bond is wasting the replevied property or is removing or is about to remove
himself or property out of the state, the surety or sureties on the replevy bond may demand
of the principal adequate indemnity against loss by collateral security. (b) If such security
is not given within five days after demand made, the surety may make affidavit thereof before
the clerk of the court in which such bond is filed, setting forth the demand of the principal
for collateral security, for some one or more of the causes mentioned in subsection (a) of
this section, and that the principal has failed to give security. Thereupon, the clerk must
issue a writ directed to the sheriff commanding him to seize the replevied property and hold
the same until the decision of the civil action in which it was replevied...
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