Execution of Process, etc., Where Sheriff or Clerk of Court Subject to Impeachment Proceedings.

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Section 36-11-18

Execution of process, etc., where sheriff or clerk of court subject to impeachment proceedings.

In all cases in which the sheriff is the party accused, all process relating to the case shall be executed by the coroner of the county or, if there is no coroner, then by such other person as may be appointed by the court or a judge in vacation. If the accused is the clerk of the court, then the court or judge thereof shall appoint a special clerk, who shall be some reliable and responsible person and who shall perform and discharge all the duties of the office as to this particular case, under the direction of the court or the judge thereof, until such case is finally determined, and who shall be liable to all penalties prescribed by law for any misfeasance, malfeasance or nonfeasance in the discharge of the duties of such office.

(Code 1876, §4056; Code 1886, §4828; Code 1896, §4874; Code 1907, §7109; Code 1923, §4507; Code 1940, T. 41, §188.)


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