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2018 Georgia Code 15-21-57 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-21-57 Case Law from Google Scholar Amendments to OCGA 15-21-57

TITLE 15 COURTS

Section 21. Payment and Disposition of Fines and Forfeitures, 15-21-1 through 15-21-209.

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

15-21-57. Effect of article upon duty of prosecuting officers and county treasurers relating to accounting for fines and bond forfeitures.

Nothing in this article shall affect the duty of the prosecuting officer of any court or the treasurer of any county to account for fines and bond forfeitures to the parties legally entitled as provided by law (but subject to the limitations and alterations provided in this article), including paying to counties and their proper officers all parts of the fund to which the prosecuting officer, clerk of court, sheriff, or other officer would be entitled where, under the law, the funds are paid over to the county and its proper officer because the prosecuting officer, clerk of court, sheriff, or other officer is on a salary basis.

(Ga. L. 1949, p. 1168, § 8; Ga. L. 2015, p. 693, § 3-32/HB 233.)

The 2015 amendment, effective July 1, 2015, substituted "fines and bond forfeitures" for "fines and forfeitures" near the beginning of this Code section.

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

Duty of county treasurer to receive surplus of fund and hold surplus for distribution.

- Bank acting as county depository becomes a quasi-public officer. It is therefore the duty of such bank, acting as county treasurer, to receive the surplus of the fine and forfeiture fund and hold the surplus for distribution as required by law. Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).

RESEARCH REFERENCES

C.J.S.

- 36A C.J.S., Fines, § 6. 37 C.J.S., Forfeitures, §§ 39, 41. 67 C.J.S., Officers and Public Employees, §§ 281, 291, 309, 313, 314.

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