O.C.G.A.

O.C.G.A. § 15-21-10 (2019)

Procedure for filing and payment of claims of officers of court when indictment found not true, defendant acquitted, or persons unable to pay

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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In cases where a bill of indictment is preferred and not found true by the grand jury, where a defendant is acquitted by a jury, or where persons liable by law for the payment of costs are unable to pay the same, the officers severally entitled to such costs may present an account therefor to the judge of the court in which the prosecutions were pending, which, after being examined and allowed by him, he shall order to be paid in the manner prescribed by law. The account and order shall be entered on the minutes of the court.

History

(Laws 1833, Cobb's 1851 Digest, p. 833; Code 1863, § 4519; Code 1868, § 4538; Code 1873, § 4631; Code 1882, § 4631; Penal Code 1895, § 1086; Penal Code 1910, § 1113; Code 1933, § 27-2911.)

Annotations

JUDICIAL DECISIONS

Payment of arresting fees from fines and forfeitures fund. - Under the general law of this state, arresting fees can be paid only from funds derived from fines and forfeitures, unless the fees are assessed against and paid by the defendants on conviction. Newport v. Longino, 178 Ga. 797, 174 S.E. 537 (1934).

Cited in Wynne v. Smith, 23 Ga. App. 330, 98 S.E. 271 (1919); Lumpkin County v. Davis, 185 Ga. 393, 195 S.E. 169 (1938); Walden v. Camp, 206 Ga. 593, 58 S.E.2d 175 (1950).

RESEARCH REFERENCES

Am. Jur. 2d. - 20 Am. Jur. 2d, Costs, § 99 et seq.

C.J.S. - 36A C.J.S., Fines, § 6. 37 C.J.S., Forfeitures, § 34. 67 C.J.S., Officers and Public Employees, § 337 et seq.