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Alabama Law as it pertains to the Office of Constable
Code of Alabama - 1975
Title 36 - Public Officers and Employees
Chapter 23 - Constables


Section 9-13-5

Designation or appointment of forest wardens; duties.

All sheriffs, deputy sheriffs, constables, marshals and such other persons as may be designated or appointed by the governor or by the state forester are hereby declared to be forest wardens, and they shall report to the said state forester and to the district attorney for the county in which the same occur any violations of any provisions of this chapter.

(Acts 1923, No. 486, p. 638; Code 1923, 1007; Acts 1935, No. 23, p. 38; Acts 1935, No. 500, p. 1078; Code 1940, T. 8, 203.)


Section 15-10-1

Officers authorized to make arrests.

An arrest may be made, under a warrant or without a warrant, by any sheriff or other officer acting as sheriff or his deputy, or by any constable, acting within their respective counties, or by any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county.

(Code 1852, 434; Code 1867, 3983; Code 1876, 4653; Code 1886, 4260; Code 1896, 5209; Code 1907, 6267; Code 1923, 3261; Code 1940, T. 15, 152.)


Section 32-5-310

Enforcement of chapter; arrest procedure; bail bond.

Any peace officer, including state troopers, sheriffs and their deputies, constables and their deputies, police officers and marshals of cities or incorporated towns, county police or patrols, state or county license inspectors and their deputies, and special officers appointed by any agency of the state of Alabama for the enforcement of its laws relating to motor vehicles, now existing or hereafter enacted, shall be authorized, and it is hereby made the duty of each of them to enforce the provisions of this chapter and to make arrests for any violation or violations thereof, without warrant if the offense be committed in his presence, and with warrant if he does not observe the commission of the offense. If the arrest be made without warrant, the accused may elect to be immediately taken before the nearest court having jurisdiction, whereupon it shall be the duty of the officer to so take him. If the accused elects not to be so taken, then it shall be the duty of the officer to require of the accused a bail bond in a sum not to exceed &dollar300.00, conditioned that the accused binds himself to appear in the nearest court having jurisdiction at the time fixed in the bond. In case the arrested person fails to appear on the day fixed, the bond shall be forfeited in the manner as is provided for the forfeiture of bonds in other cases. No officer shall be permitted to take a cash bond. The officer making the arrest and taking the bond shall report the same to the court having jurisdiction within 18 hours after taking such bond.

(Acts 1949, No. 516, p. 740, 49.)


Section 36-9-13

Resignation of constables.

The resignation of constables must be transmitted to the judge of probate of the county in which the office may have been held, and the judge of probate must thereupon notify the governor.

(Code 1867, 206; Code 1876, 219; Code 1886, 314; Code 1896, 3149; Code 1907, 1565; Code 1923, 2709; Code 1940, T. 41, 172.)


Section 36-11-1

Persons subject to impeachment and removal from office; grounds for impeachment generally.

(a) The following officers may be impeached and removed from office: judges of circuit and probate courts, district attorneys, judges of the courts of appeals, district judges, sheriffs, clerks of the circuit courts, tax collectors, tax assessors, county treasurers, coroners, notaries public, constables and all other state officers not named in section 173 of the Constitution and all other county officers and mayors and intendants of incorporated cities and towns in this state.

(b) The officers specified in subsection (a) of this section may be impeached and removed from office for the following causes:

(1) Willful neglect of duty;
(2) Corruption in office;
(3) Incompetency;
(4) Intemperance in the use of intoxicating liquors or narcotics to such an extent in view of the dignity of the office and importance of its duties as unfits the officer for the discharge of such duties; or
(5) Any offense involving moral turpitude while in office or committed under color thereof or connected therewith.

(Code 1876, 4047; Code 1886, 4818; Code 1896, 4864; Code 1907, 7099; Code 1923, 4497; Code 1940, T. 41, 178.)



Section 36-23-1 Number of constables; election; term of office; counties may abolish office of constable.
Section 36-23-2 Filling of vacancies generally.
Section 36-23-3 Notice of vacancy.
Section 36-23-4 Bond.
Section 36-23-5 Constables deemed conservators of peace.
Section 36-23-6 Duties.
Section 36-23-7 Removal from election precinct deemed vacation of office.
Section 36-23-8 Service of executions and attachments when office of constable vacant, etc.
Section 36-23-9 Liability of constable and sureties on bond.



Section 36-23-1

Number of constables; election; term of office; counties may abolish office of constable.

(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 Monday after the second Tuesday in January next after his election and until his successor is elected and qualified.

(b) Any county, by local legislation, may abolish the office of constable.

(Code 1852, 715; Code 1867, 846; Code 1876, 762; Code 1886, 843; Code 1896, 971; Code 1907, 3324; Code 1923, 6794; Code 1940, T. 54, 28; Acts 1984, 1st Ex. Sess., No. 84-757, p. 129.)


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 1907, 3325; Code 1923, 6795; Code 1940, T. 54, 29.)


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; Code 1940, T. 54, 30.)


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, 764; Code 1886, 846; Code 1896, 974; Code 1907, 3327; Code 1923, 6797; Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, 94; Code 1940, T. 54, 31.)


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.

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 his office to the person entitled thereto; and
(4) To perform such other duties as are or may be required of him by law.

(Code 1852, 719; Code 1867, 850; Code 1876, 766; Code 1886, 848; Code 1896, 976; Code 1907, 3329; Code 1923, 6799; Code 1940, T. 54, 33.)


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 36-23-8

Service of executions and attachments when office of constable vacant, etc.

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.

(Code 1896, 979; Code 1907, 3332; Code 1923, 6802; Code 1940, T. 54, 36.)


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 of the execution.

(Code 1852, 2810; Code 1867, 3256; Code 1876, 3653; Code 1886, 851; Code 1896, 980; Code 1907, 3333; Code 1923, 6803; Code 1940, T. 54, 37.)