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(Code 1981, §1-1-10; Ga. L. 1992, p. 6, § 1.)
- Ga. L. 1981, p. 3, effective April 1, 1982, and Ga. L. 1982, p. 2107, effective November 1, 1982, repealed and codified numerous general Acts of local application. See Index to Local and Special Laws and General Laws of Local Application, contained in Volume 42 of this Code.
- This Code section was created as part of the Code revision and was thus enacted by Ga. L. 1981, Ex. Sess., p. 8, (Code Enactment Act).
- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 102-101, which adopted the Code of Georgia of 1933, are included in the annotations for this section.
- Although the Official Code of Georgia Annotated (O.C.G.A.) specifically repealed the Code of 1933, the Rules of the Superior Court were not a part of that repealed code even though they "conveniently" appeared therein. The three-minute rule is one of long standing, originally promulgated pursuant to authority given by law and never specifically repealed by the General Assembly. As such, the three-minute rule remains viable and unchanged by the adoption of the O.C.G.A. Hinson v. Castellio, 168 Ga. App. 301, 308 S.E.2d 705 (1983).
- The enactment of the Official Code of Georgia Annotated repealed the statute governing the offense of failing to pay for agricultural products, and thus, absent a saving provision, the prosecution for such an offense which had not reached final judgment was properly dismissed. State v. Fordham, 172 Ga. App. 853, 324 S.E.2d 796 (1984).
- was to enact into one statute all provisions embraced in Code. Head v. Browning, 215 Ga. 263, 109 S.E.2d 798 (1959).
The legislative Act in adopting the 1933 Code had the force and effect of enacting into one statute all the provisions in that Code. Atlanta & W.P.R.R. v. Wise, 190 Ga. 254, 9 S.E.2d 63 (1940).
- Just as is the rule in construing statutes, where a section is plain, unambiguous, and positive, and is not capable of two constructions, the court is not authorized to construe it according to what is supposed to be the intention of the General Assembly. Atlanta & W.P.R.R. v. Wise, 190 Ga. 254, 9 S.E.2d 63 (1940).
- While it is true that the adoption by the General Assembly of the Code of 1933 amounted to a reenactment of each section thereof as contemporary statutes, it is also true that in construing the meaning of an ambiguous section, the original Act will be looked to in order to determine the true interpretation of the section; and in such an interpretation of an ambiguous section having the force of a statute, unless the contrary manifestly appears from the words employed, the language of such section should be construed as intending to state the previously existing law, and not to change it. State v. Camp, 189 Ga. 209, 6 S.E.2d 299 (1939).
Unless contrary manifestly appears from words employed, section should be understood as stating existing law, and not changing it. Maddox v. First Nat'l Bank, 191 Ga. 106, 11 S.E.2d 662 (1940).
Where, by the language of the section itself, its context, and by reason of the expressed subject matter under which it is grouped, it becomes proper and necessary to determine the true intent of the legislative body, it will be construed in the light of the source from which it came, to the extent that the language of the section itself may be compatible with such a construction; in such a case, where the section has been codified from a decision of the Supreme Court or of the Court of Appeals, the section will be construed, insofar as is compatible with its terms, so as to conform to the then existing law, rather than to change the rule in force at the time the Code was adopted. Atlanta & W.P.R.R. v. Wise, 190 Ga. 254, 9 S.E.2d 63 (1940).
Where an intention to change appears, it must be given effect, not because of any power of legislation vested in the codifiers or the commission, but because of the adopting statute. Maddox v. First Nat'l Bank, 191 Ga. 106, 11 S.E.2d 662 (1940).
Proposed change must be conspicuous so as to demand inference that it was noticed by the lawmaking body before the presumption against a change may be overthrown. Maddox v. First Nat'l Bank, 191 Ga. 106, 11 S.E.2d 662 (1940).
- The adoption of the Code of 1933 amounted to a reenactment of each section as contemporary statutes of the state, and each section should be dealt with as though it were contained in the same Act of the General Assembly and should be construed as if it was a separate paragraph of the same statute. Therefore, sections relating to the same subject matter and codified at the same time should be construed, if possible, to harmonize with each other, and that construction should be adopted which will prevent a contradiction by one section of the other, so that both will be operative. Grand Trunk W.R.R. v. Barge, 75 Ga. App. 646, 44 S.E.2d 281 (1947).
- Where two sections of the Code are found to be in irreconcilable conflict, and both sections are derived from Acts of the General Assembly, this conflict must be settled by resort to the original Acts from which the conflicting sections are derived, and that section which is derived from the later Act of the General Assembly must control. Thomas v. Hudson, 190 Ga. 622, 10 S.E.2d 396 (1940).
- Although sovereign immunity and official immunity under common law was given constitutional status, Ga. Const. 1983, Art. I, Sec. II, Para. IX, it was the common law doctrines that were given constitutional status, and courts no longer have authority to abrogate or modify the doctrines. Lathrop v. Deal, 301 Ga. 408, 801 S.E.2d 867 (2017).
Cited in Davis v. State, 172 Ga. App. 893, 325 S.E.2d 926 (1984); Ballard v. Frey, 179 Ga. App. 455, 346 S.E.2d 893 (1986); Devins v. Leafmore Forest Condominium Ass'n, 200 Ga. App. 158, 407 S.E.2d 76 (1991); Denhardt v. 7 Bay Traders LLC, 296 Ga. App. 122, 673 S.E.2d 621 (2009).
- Neither former Code 1933, § 69-9904 nor Code 1933, Ch. 69-12 was codified in the new Official Code of Georgia Annotated; therefore, they are deemed repealed. 1983 Op. Att'y Gen. No. U83-15.
- Since there exists no requirement that there be citations to any Code sections on the Uniform Traffic Citation Form, the Code of Georgia of 1933 citations presently set forth on the form are mere surplusage; therefore, their removal or repeal by the new Code of Georgia Annotated will have no effect on the validity of the form. 1982 Op. Att'y Gen. No. 82-28.
Total Results: 18
Court: Supreme Court of Georgia | Date Filed: 2024-05-29
Snippet: has not been superseded by statute. See OCGA § 1-1-10 (c) (1); Moon, 287 Ga. at 305 (Nahmias, J., concurring)
Court: Supreme Court of Georgia | Date Filed: 2023-03-15
Snippet: eighteenth century English common law.”); OCGA § 1-1-10 (c) (1) (adopting in Georgia’s new code the act
Court: Supreme Court of Georgia | Date Filed: 2022-06-30
Snippet: unlawfully formed through duress). See also OCGA § 1-1-10 (c) (1) (establishing that the common laws of
Court: Supreme Court of Georgia | Date Filed: 2022-03-08
Snippet: displaced by the constitution or a statute. See OCGA § 1-1-10 (c) (1). But our precedent long ago took another
Court: Supreme Court of Georgia | Date Filed: 2021-06-21
Snippet: that adoption remains in force today. See OCGA § 1-1-10 (c) (1).” Glenn v. State, 310 Ga. 11, 17 (1) (849
Court: Supreme Court of Georgia | Date Filed: 2019-05-06
Citation: 827 S.E.2d 865
Snippet: 1776. See Cobb's Digest, p. 721 (1851); OCGA § 1-1-10 (c) (1) (maintaining adoption of English statutory
Court: Supreme Court of Georgia | Date Filed: 2018-06-04
Citation: 815 S.E.2d 38
Snippet: England as it existed "on May 14, 1776." See OCGA § 1-1-10 (c) (1) (leaving in full force the adoption of
Court: Supreme Court of Georgia | Date Filed: 2017-08-28
Citation: 301 Ga. 835, 804 S.E.2d 388, 2017 Ga. LEXIS 711
Snippet: or constitutional law displaced it. See OCGA § 1-1-10 (c) (1) (“The following specific laws and parts
Court: Supreme Court of Georgia | Date Filed: 2017-06-19
Citation: 301 Ga. 408, 801 S.E.2d 867, 2017 WL 2625463, 2017 Ga. LEXIS 529
Snippet: and common law remains in force today. See OCGA § 1-1-10 (c) (1). See also State v. Chulpayev, 296 Ga. 764
Court: Supreme Court of Georgia | Date Filed: 2015-03-27
Snippet: long been the backstop law of Georgia, see OCGA § 1-1-10 (c) (1), and once this Court was established,
Court: Supreme Court of Georgia | Date Filed: 2015-03-27
Citation: 296 Ga. 764, 770 S.E.2d 808
Snippet: long been the backstop law of Georgia, see OCGA § 1-1-10 (c) (1), and once this Court was established, it
Court: Supreme Court of Georgia | Date Filed: 2010-06-07
Citation: 696 S.E.2d 55, 287 Ga. 304, 2010 Fulton County D. Rep. 1835, 2010 Ga. LEXIS 471
Snippet: decision is limited, however, by statute. See OCGA § 1-1-10 (c) (1) (stating that Georgia’s 1784 act “adopting
Court: Supreme Court of Georgia | Date Filed: 2009-06-17
Citation: 679 S.E.2d 712, 285 Ga. 560, 2009 Fulton County D. Rep. 2106, 2009 Ga. LEXIS 388
Snippet: Code have been specifically repealed. See OCGA § 1-1-10 (a) (3) (repealing all codes prior to the Code
Court: Supreme Court of Georgia | Date Filed: 2003-09-04
Citation: 586 S.E.2d 606, 277 Ga. 1, 2003 Fulton County D. Rep. 2700, 2003 Ga. LEXIS 700
Snippet: Ga. 655, 656 (92 SE 57) (1917). But see OCGA § 1-1-10 (c) (1); Coggin v. Davey, 233 Ga. at 410 (holding
Court: Supreme Court of Georgia | Date Filed: 1995-02-20
Citation: 265 Ga. 125, 453 S.E.2d 463, 1995 Ga. LEXIS 92
Snippet: statutory provision or rule.4 Compare OCRR § 560-1-1-.10 (revenue department rule providing procedure for
Court: Supreme Court of Georgia | Date Filed: 1992-12-03
Citation: 423 S.E.2d 653, 262 Ga. 639, 92 Fulton County D. Rep. 3080, 1992 Ga. LEXIS 997
Snippet: 248 Ga. 306, 307 (282 SE2d 896) (1981); OCGA § 1-1-10.6 The legislature *646has not changed the common
Court: Supreme Court of Georgia | Date Filed: 1984-07-06
Citation: 319 S.E.2d 1, 253 Ga. 154, 1984 Ga. LEXIS 857
Snippet: which repealed the 1945 [Emeritus] Act. OCGA § 1-1-10 (a) (2).7 Thus, according to existing law, those
Court: Supreme Court of Georgia | Date Filed: 1928-02-17
Citation: 165 Ga. 631, 1928 Ga. LEXIS 37, 142 S.E. 292
Snippet: compensation for comm’rs of roads and revenues, 1-1/10 mills, (b) To pay chmn. board of comm’rs., camp