Title 36 — Title 36
0 chapters · 1,118 sections in this title.
Ala. Code § 36-23-1 Number of Constables; Election; Term of Office; Counties May Abolish Office of Constable. (Amended by Act 2026-423)
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[Effective until October 1, 2026.] AMENDED BY ACT 2026-423, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) There shall be one constable for each election precinct in each county, to be elected as provided by law, who shall hold office for four years from the first M…
Ala. Code § 36-23-2 Filling of Vacancies Generally
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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. History: (Code 1852, §716; Code 1867, §847; Code 1876, §763; Code 1886, §844; C…
Ala. Code § 36-23-3 Notice of Vacancy. (Amended by Act 2026-423) [Effective until October 1, 2026.]
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AMENDED BY ACT 2026-423, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. 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. History: (Code 1852, §271; C…
Ala. Code § 36-23-4 Bond
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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. History: (Code 1852, §717; …
Ala. Code § 36-23-5 Constables Deemed Conservators of Peace
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Every constable shall be a conservator of the peace within his county. History: (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.)
Ala. Code § 36-23-6 Duties
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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 v…
Ala. Code § 36-23-7 Removal from Election Precinct Deemed Vacation of Office. (Amended by Act 2026-423) [Effective until October 1, 2026.]
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AMENDED BY ACT 2026-423, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. The constable shall vacate his office by removal from the election precinct for which he is elected. History: (Code 1852, §720; Code 1867, §851; Code 1876, §767; Code 1886, §849; Code 1896, §977; Co…
Ala. Code § 36-23-8 Service of Executions and Attachments When Office of Constable Vacant, Etc
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When the office of constable is vacant or the constable is interested in an action, or in case of emergency, the execution or attachment must be executed by any constable of the county in whose hands the process may be placed or may be executed by the sheriff as in other cases. H…
Ala. Code § 36-23-9 Liability of Constable and Sureties on Bond
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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 of the execu…