Section 25-7-27 - Marshals and constables(1) Marshals and constables shall charge the following fees: (a)(i) In all civil and criminal cases, for each service of process, summons, warrant, writ or other notice ....................................$ 55.00(ii) In all cases where there is more than one (1) defendant residing at the same household, for service on each additional defendant ........................................$ 10.00(iii) For service of each process of every kind and nature issued from outside the county where it is to be served, the fees provided in subparagraphs (i) and (ii) of this paragraph, as applicable, shall be assessed.(iv) When a complaining party has provided erroneous information to the clerk of the court relating to the service of process on the defendant or defendants and process cannot be served after diligent search and inquiry on oath thereof of the marshal or constable, as the case may be, charged with serving such process, the fees provided in subparagraphs (i) and (ii) of this paragraph, as applicable, shall be assessed.(v) When process has been attempted in one (1) county but the defendant is not found, and process must be served on that defendant in another county, the clerk shall notify the complaining party that an additional fee or fees must be paid before the process can be delivered to the other county.(b) After final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings shall be a new suit for which the marshal or constable shall be entitled to the following fee ...............$ 55.00(c) For conveying a person charged with a crime to jail, mileage reimbursement in an amount not to exceed the rate established under Section 25-3-41(2). To be paid out of the county treasury on the allowance of the board of supervisors, when the state fails in the prosecution, or the person is convicted but is not able to pay the costs.
(d) For other service, the same fees allowed sheriffs for similar services.(e) For service as a bailiff in any court in a civil case, to be paid by the county on allowance of the court on issuance of a warrant therefor, an amount equal to the amount provided under Section 19-25-31 for each day, or part thereof, for which he serves as bailiff when the court is in session.(f) For serving all warrants and other process and attending all trials in state cases in which the state fails in the prosecution, to be paid out of the county treasury on the allowance of the board of supervisors without itemization, subject, however, to the condition that the marshal or constable must not have overcharged in the collection of fees for costs, contrary to the provisions of this section, annually.....$ 4,500.00(2) Marshals and constables shall be paid all uncollected fees levied under subsection (1) of this section in full from the first proceeds received by the court from the guilty party or from any other source of payment in connection with the case.(3) In addition to the fees authorized to be paid to a constable under subsection (1) of this section, a constable may receive payments for collecting delinquent criminal fines in justice court pursuant to the provisions of Section 19-3-41(3).Codes, 1880, § 452; 1892, § 2008; 1906, § 2184; Hemingway's 1917, § 1865; 1930, § 1793; 1942, § 3941; Laws, 1920, ch. 132; Laws, 1944, ch. 186; Laws, 1946, ch. 406; Laws, 1952, ch. 243; Laws, 1958, ch. 323; Laws, 1972, ch. 421, § 1; Laws, 1975, ch. 377; Laws, 1978, ch. 333, § 1, ch. 450, § 1; Laws, 1986, ch. 441, § 4; Laws, 1986, ch. 459, § 31; Laws, 1987; ch. 366, § 1; Laws, 1992, ch. 504, § 1; Laws, 1999, ch. 516, § 2; Laws, 2004, ch. 505, § 8; Laws, 2006, ch. 325, § 1; Laws, 2007, ch. 331, § 2, eff. 6/15/2007 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).Amended by Laws, 2022, ch. 497, HB 719,§ 7, eff. 7/1/2022.Amended by Laws, 2019, ch. 485, SB 2827,§ 8, eff. 1/1/2020.