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Section 36-23-2 – Filling of Vacancies Generally.

Section 36-23-2 Filling of vacancies generally. Vacancies in the office of constable shall be filled by appointment of the Governor, and the person appointed shall hold office for the unexpired term and until his successor is elected and qualified. (Code 1852, §716; Code 1867, §847; Code 1876, §763; Code 1886, §844; Code 1896, §972; Code […]

Section 36-23-3 – Notice of Vacancy.

Section 36-23-3 Notice of vacancy. When a vacancy in any election precinct is occasioned by the death or removal from such precinct of the constable thereof, the judge of probate must notify the Governor. (Code 1852, §271; Code 1867, §316; Code 1876, §301; Code 1886, §845; Code 1896, §973; Code 1907, §3326; Code 1923, §6796; […]

Section 36-23-4 – Bond.

Section 36-23-4 Bond. Before entering upon the duties of his office, the constable must give bond as prescribed by law. The official bonds of constables shall be $1,000.00, the premiums on said bonds to be paid by the persons making such bonds without expense to the county. (Code 1852, §717; Code 1867, §848; Code 1876, […]

Section 36-23-5 – Constables Deemed Conservators of Peace.

Section 36-23-5 Constables deemed conservators of peace. Every constable shall be a conservator of the peace within his county. (Code 1852, §718; Code 1867, §849; Code 1876, §765; Code 1886, §847; Code 1896, §975; Code 1907, §3328; Code 1923, §6798; Code 1940, T. 54, §32.)

Section 36-23-6 – Duties.

Section 36-23-6 Duties. It shall be the duty of every constable: (1) To attend the circuit court of the county when summoned by the sheriff for that purpose; (2) To execute and return all summons, executions and other process directed to him by any lawful authority; (3) To pay over moneys collected by virtue of […]

Section 36-23-7 – Removal From Election Precinct Deemed Vacation of Office.

Section 36-23-7 Removal from election precinct deemed vacation of office. The constable shall vacate his office by removal from the election precinct for which he is elected. (Code 1852, §720; Code 1867, §851; Code 1876, §767; Code 1886, §849; Code 1896, §977; Code 1907, §3330; Code 1923, §6800; Code 1940, T. 54, §34.)

Section 36-23-9 – Liability of Constable and Sureties on Bond.

Section 36-23-9 Liability of constable and sureties on bond. The constable and sureties on his bond are responsible for moneys received by him by virtue of his office upon any summons, attachment or execution issued by any lawful authority, whether the same is received before or after judgment or before or after the return day […]