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Section 36-23-1
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, § 1.)
Section 36-23-2
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
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
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, §§ 1, 14; Code 1940, T. 41, §94; Code 1940, T. 54, §31.)
Section 36-23-5
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
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
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
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
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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