O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-21-13 (2019)

Priority of payment of claims for fees of solicitors of city courts, sheriffs, clerks, and district attorneys

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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(a) All claims for fees of solicitors of city courts, sheriffs, clerks, and district attorneys shall be paid from the funds arising from fines imposed in criminal cases before any claim or order of any claimant or distributee shall be paid.

(b) Nothing contained in subsection (a) of this Code section shall in any way affect the fines and bond forfeitures of any court whose officers are on salaries and where the fines and bond forfeitures are remitted to the county treasury. Reserved. Repealed by Ga. L. 1983, p. 884, § 5-6, effective July 1, 1983.

History

(Ga. L. 1952, p. 246, §§ 1, 2; Ga. L. 1983, p. 884, § 5-5; Ga. L. 2015, p. 693, § 3-32/HB 233.)

Annotations

The 2015 amendment, effective July 1, 2015, substituted "fines and bond forfeitures" for "fines and forfeitures" twice in subsection (b). See editor's note for applicability.

Editor's notes. - Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

JUDICIAL DECISIONS

Sources of payment of claims for fees of justices of the peace. - In view of the provisions of this section that all claims for fees of justices of the peace shall be paid from the funds arising from fines imposed in criminal cases before any order of any claimant shall be paid, it appears that even in cases of conviction, costs should first be paid out of the fine and forfeiture fund, and, if such fund is insufficient in a given case, then out of the general county treasury. Gill v. Decatur County, 129 Ga. App. 697, 201 S.E.2d 21 (1973).

Cited in Gay v. Lewis, 101 Ga. App. 387, 114 S.E.2d 155 (1960).

RESEARCH REFERENCES

C.J.S. - 36A C.J.S., Fines, §§ 2, 19. 37 C.J.S., Forfeitures, §§ 1, 6, 7, 8, 10 et seq, 39, 41.

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ARTICLE 2 COMPENSATION OF JUSTICES OF THE PEACE AND CONSTABLES IN CERTAIN CASES

Law reviews. - For article, "Courts: Juvenile Justice Reform," see 30 Ga. St. U. L. Rev. 63 (2013).

15-21-30 through 15-21-33.

Editor's notes. - This article was based on Ga. L. 1943, p. 539, §§ 1-5; Ga. L. 1977, p. 199, § 1; and Ga. L. 1981, Ex. Sess., p. 8.

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ARTICLE 3 LIMITATION PERIOD AND RULES FOR CLAIMS AGAINST FINE AND BOND FORFEITURE FUND

Law reviews. - For article, "Courts: Juvenile Justice Reform," see 30 Ga. St. U. L. Rev. 63 (2013).