19-25-37 - Duty of sheriff to execute and return process.
§ 19-25-37. Duty of sheriff to execute and return process.
Every sheriff, by himself or his deputy, shall from time to time execute all notices, writs, and other process, both from courts of law and chancery, and all orders and decrees to him legally issued and directed within his county, and he shall make due returns thereof to the proper court. If any sheriff fail herein, he shall, for every offense, be fined by the court to which the writ or process, order or decree, is returnable, in any sum not exceeding one hundred dollars, on motion, five days' previous notice thereof being first given to said sheriff. The sheriff may be arrested and committed to jail until payment of the fine and cost. The sheriff and his sureties shall likewise be liable to the action of the party aggrieved by such default, for all damages sustained thereby, and also liable to all other penalties provided by law for such offenses.
Sources: Codes, Hutchinson's 1848, ch. 28, art 3 (7); 1857, ch. 6, art 119; 1871, § 225; 1880, §§ 330, 1828; 1892, § 4117; 1906, § 4669; Hemingway's 1917, § 3086; 1930, § 3316; 1942, § 4241.