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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.)
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