Editor's notes.

- In light of the similarity of the statutory provisions, decisions decided under former Civil Code 1895, § 5403, former Civil Code 1910, §§ 6002 and 6003, former Code 1933, § 24-1601 and former Code Section 15-10-14, relating to fees for services performed by justices of the peace, are included in the annotations for this Code section.

Magistrate's personal practice of billing only for warrants issued did not violate due process principles. Gordon v. State, 150 Ga. App. 862, 258 S.E.2d 664 (1979) (decided under former Code 1933, § 24-1601).

Provision in this section for each affidavit when no cause pending excludes charge when made in cause which is pending, and which is not considered until entry of final order. McAlpin v. Chatham County, 26 Ga. App. 695, 107 S.E. 74 (1921) (decided under former Civil Code 1910, §§ 6002, 6003).

Additional fee allowed for entering judgment.

- In addition to the fee allowed a justice for trying a case without a jury or presiding at the trial of an appeal, the justice is allowed by law a fee for "entering judgment in each case." Brown v. Bonds, 125 Ga. 833, 54 S.E. 933 (1906) (decided under former Civil Code 1895, § 5403).

Fee for answering writ of certiorari.

- Justice is allowed a fee for answering writ of certiorari. McMichael v. Southern Ry., 117 Ga. 518, 43 S.E. 850 (1903) (decided under former Civil Code 1895, § 5403).

No fee for examination of witness without trial or demand for trial.

- If the defendant is arrested and carried to jail where the sheriff fixes the defendant's bond, but the defendant is not carried before the justice of the peace, and there is no committal trial, no demand for a committal trial, nor any waiver of a committal trial, the justice of the peace is not entitled to a fee for examination of a witness in a criminal case as there was no trial and no witness examined upon a trial, nor is the defendant entitled to a fee for waiving a committal trial as there was no such waiver before the official, but is entitled only to a fee for issuing the warrant. Owens v. Maddox, 80 Ga. App. 867, 57 S.E.2d 826 (1950) (decided under former Code 1933, § 24-1601).

Cited in Connally v. State, 237 Ga. 203, 227 S.E.2d 352 (1976); State v. Robinson, 142 Ga. App. 705, 237 S.E.2d 1 (1977); Thompson v. State, 142 Ga. App. 888, 237 S.E.2d 419 (1977); Seabolt v. Hopper, 240 Ga. 171, 240 S.E.2d 57 (1977); United States v. Clark, 559 F.2d 420 (5th Cir. 1977); Allen v. State, 240 Ga. 567, 242 S.E.2d 61 (1978); Lewis v. State, 144 Ga. App. 847, 242 S.E.2d 725 (1978); Futch v. State, 145 Ga. App. 485, 243 S.E.2d 621 (1978); Toole v. State, 146 Ga. App. 305, 246 S.E.2d 338 (1978); Contreras v. State, 242 Ga. 369, 249 S.E.2d 56 (1978); Reed v. State, 148 Ga. App. 264, 251 S.E.2d 148 (1978); Flanders v. State, 152 Ga. App. 277, 262 S.E.2d 564 (1979); Lackey v. State, 246 Ga. 331, 271 S.E.2d 478 (1980).

Editor's notes.

- In light of the similarity of the statutory provisions, opinions rendered under former Code 1933, § 24-1601 and former Code Section 15-10-14 or predecessors thereof, relating to fees for services performed by justices of the peace, are included in the annotations for this Code section. See also current Code Section 15-10-23, providing that magistrates shall not be compensated from fees.

Writs of fieri facias may be issued to constables.

- Writs of fieri facias issued by the magistrate court may be directed to the constables of that court and, in executing these writs, constables may conduct judicial sales of personal property. 1984 Op. Att'y Gen. No. U84-36.

Former justice of the peace may be entitled to certain fees if the fees were charged and due at a time that an official was compensated by fees rather than salary, provided there was legal entitlement to these fees and the delay in collection was not attributable to the former justice of the peace. 1984 Op. Att'y Gen. No. U84-5 (decided under O.C.G.A. § 15-10-23).

Justice of the peace may not lawfully charge fee for collecting bill. 1960-61 Op. Att'y Gen. p. 83 (decided under former law).

Costs to be collected from county if collection from defendant unsuccessful.

- One should first look to the payment of all costs by the defendants in cases wherein a conviction is had; if collection from the defendant proves unsuccessful then reliance upon former Code 1933, § 27-2929 for collection of those costs from the county would be appropriate. 1967 Op. Att'y Gen. No. 67-266 (decided under former Code 1933, § 24-1601).