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45-27-231
Section 45-27-231 Service of process; disposition of funds. (a) This section shall only apply
to Escambia County. (b) Any and all monies collected under this section shall be deposited
by the Sheriff of Escambia County, or his or her appointed agent, in any bank in Escambia
County selected by the sheriff into a fund known as the Escambia County Sheriff Process Fund
and hereinafter referred to in this section as the fund. (c) The Sheriff of Escambia County
may contract with or enter into a contract or agreement with a private, public, or governmental
entity for the purpose of service of process, except for warrants for arrest. (d)(1) In addition
to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other
appropriate court official in the criminal division of the district and circuit courts of
Escambia County shall increase the fees by fifteen dollars ($15) per document requiring personal
service. (2) In addition to all existing charges, fees, judgments,...
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45-39-233.01
Section 45-39-233.01 Service of process; fees. (a) The Sheriff of Lauderdale County, except
for warrants for arrest, may contract with or enter into contract or agreement with a private,
public, or governmental entity for the purpose of service of process. Nothing in this section
should be construed as conflicting with Rule 4.1 (b)(2) of the Alabama Rules of Civil Procedure.
(b)(1) In addition to all existing charges, fees, judgments, and costs of court, the clerk,
sheriff, or other appropriate court official in the civil division of the district and circuit
courts of Lauderdale County shall increase the fees by twelve dollars fifty cents ($12.50)
per document personally served by the sheriff's office, or its designee. For purposes of this
section, the term document shall include multiple papers served on a party or entity at one
time. The court costs imposed by this section may be taxed as costs to any party to the action
by the judge in the case. (2) The court official designated in...
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6-6-254
Section 6-6-254 Return of bonds; liability of sheriff for failing to do so; compelling making
of return. All bonds taken under this article must be returned within 10 days thereafter to
the clerk of the court in which the action is pending, and, on failure, the sheriff is liable
to the successful party to the amount of the value of the property and damages for its detention
as assessed by the jury, with interest thereon from the entry of the judgment, to be recovered
on motion to the court in which such judgment was entered on three days' notice, or the sheriff
may, at any time, be compelled by attachment to make such return. (Code 1852, §2196; Code
1867, §2597; Code 1876, §2946; Code 1886, §2722; Code 1896, §1481; Code 1907, §3787;
Code 1923, §7398; Code 1940, T. 7, §927.)...
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11-49-6
Section 11-49-6 Vacation of right-of-way fee. Prior to the exercise of the power of a municipality
incorporated in this state to vacate the public right-of-way for a road, street, alley, or
other dedicated public way, open or unopen, as a condition of exercise of such power to vacate,
the governing body may require abutting landowners who will directly benefit from such vacation
to pay to such municipality a vacation of right-of-way fee equal to the fair market value
of the land which will be added to the holdings of such abutting landowners. Such fair market
value shall be determined by the governing body of the municipality after a public hearing,
notice of which shall be published in a daily newspaper of general circulation at least five
days prior thereto and mailed to such address or addresses as may be set forth in the application
by abutting owners for the vacation of right-of-way unless a waiver of such notice to abutting
landowners is filed by such abutting landowners with the...
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12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance
of execution against sheriff, etc., failing to return, levy, or collect execution issued against
plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts
of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no
property found" against the defendant by the proper officer of the county in which the
judgment was entered, or, if the execution is from the Supreme Court or courts of appeals,
of the county from which the case was brought, may issue execution against the plaintiff or
appellant, as the case may be, for the costs actually created by the plaintiff or appellant,
but for none other, to be collected and returned as other executions. (b) Judgment may be
entered on motion in the circuit court of such county, in the name of the clerk or probate
judge issuing the execution, against the sheriff or his sureties, or either of...
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17-17-10
Section 17-17-10 Notice of ineligibility for appointing board; serving on board when ineligible.
Any judge of probate who shall fail to certify to the clerk of the circuit court the fact
of the candidacy of the judge of probate, the clerk of the circuit court, or the sheriff,
thus rendering them ineligible to serve as members of the appointing board of election managers,
in the manner and time he or she is required to so certify such fact under the election laws
of this state, shall be guilty , upon conviction, of a violation. Any judge of probate, sheriff,
or circuit clerk who shall act as a member of the appointing board of election managers while
a candidate for public office, shall be guilty, upon conviction, of a violation (Code 1907,
§§349, 6812, 6813; Code 1923, §§439, 3930, 3931; Code 1940, T. 17, §§122, 325, 326;
§17-6-3; amended and renumbered by Act 2006-570, p. 1331, §87.)...
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43-2-150
Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives -
Generally. All judgments, orders, and decrees of the probate court against an executor or
administrator for the payment of money may be enforced by execution or by process of garnishment,
which may issue in like cases and manner as it may issue on judgments in circuit courts, and
may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of
personal property, by attachment or a special order to the sheriff, requiring him to take
such property and deliver the same according to the judgment, order or decree; for the possession
of land, by a writ to the sheriff against the executor or administrator, requiring him to
put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280;
Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051;
Code 1940, T. 61, §128.)...
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45-28-81.01
Section 45-28-81.01 Incarceration in Etowah County Jail. (a) In Etowah County, additional court
costs in the amount of five dollars ($5) per day shall be assessed and collected against each
person incarcerated or booked in the Etowah County Jail. The court costs assessed pursuant
to this section shall be in addition to any other court costs or other costs and charges imposed
on persons incarcerated or booked in the Etowah County Jail. (b) The court costs imposed by
this section shall be assessed against a defendant upon conviction by the appropriate court
where the defendant is convicted. The sheriff shall be required to notify the appropriate
court clerk on a regular basis of the exact amount of the assessment to be collected for entry
on the docket sheet. (c) The revenues derived from the court costs shall be credited on a
monthly basis to a law enforcement fund to be used by the Sheriff of Etowah County for equipment
and professional development of the sheriff's department in the...
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6-10-38
Section 6-10-38 Contest of exemption claim - Proceedings when homestead found to exceed value
or area allowed. (a) If, on the trial of a contest of a claim of homestead exemption, it is
found that the homestead as claimed exceeds $5,000 in value (or if a husband and wife have
both claimed the exemption to which each is entitled, $10,000), or 160 acres in area, the
court shall forthwith issue an order to the sheriff, returnable in 30 days thereafter, commanding
him to summon three disinterested householders or freeholders of the county in which the homestead
is situated, who, after having been sworn by the sheriff or some officer authorized to administer
oaths to faithfully discharge their duty, shall, if practicable, set off and allot, by metes
and bounds, the homestead exempt to the defendant from levy and sale under process, having
regard both to the quality and value of the real estate and to the selection of the defendant
and taking land most contiguous to the dwelling, and...
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6-6-294
Section 6-6-294 Retention of possession for one year by defendant if crop planted or growing
upon filing bond; force and effect of bond. (a) If the defendant has a crop planted or growing
on the premises and the court or jury finds for the plaintiff, they must also ascertain the
rental value of the premises during the current year, and no writ of possession can be issued
until the expiration of the year if the defendant executes a bond in double the amount of
such rent payable to the plaintiff, with surety approved by the clerk, conditioned to pay
the rent so assessed at the expiration of the year. (b) The bond must be filed in the office
of the clerk and, if the rent is not paid at the expiration of the year, has the force and
effect of a judgment; and thereon, execution for the amount of the rent must issue against
all the obligors or such of them as may be living. (Code 1852, §§2199, 2200; Code 1867,
§§2600, 2601; Code 1876, §§2949, 2950; Code 1886, §§2712, 2713; Code 1896,...
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