Strict construction.

- Former Code 1933, §§ 76-101 and 76-201 (see O.C.G.A. §§ 17-6-90 and17-6-110) were to be strictly construed in favor of the individual against whom the statutes are sought to be applied. Rhodes v. Pearce, 189 Ga. 623, 7 S.E.2d 251 (1940).

Jurisdiction of justices of the peace.

- Jurisdiction to issue peace warrants was expressly conferred upon justices of peace by former Code 1933, §§ 76-101 and 76-201 (see O.C.G.A. §§ 17-6-90 and17-6-110). Young v. Fain, 121 Ga. 737, 49 S.E. 731 (1905).

What constitutes a breach of the peace.

- To call a person a liar and raise a stick to strike the man, if in anger, is a menace of violence and is calculated to excite, alarm, or provoke a breach of the peace, and constitutes a breach of a bond to keep the peace. Rumsey v. Bullard, 5 Ga. App. 802, 63 S.E. 921 (1909).

Husband is competent to institute peace warrant proceedings against his wife. Foster v. Withrow, 201 Ga. 260, 39 S.E.2d 466 (1946).

Peace officer not to act as negotiator.

- In all cases when information reaches the peace officer, the officer should resort at once to the officer's authority, and not assume the role of a negotiator. Mitchell v. State, 71 Ga. 128 (1883).

What constitutes substantial compliance with section.

- When a judge issues a peace warrant, not on information under oath of a person apprehensive of injury to the person, or family, or property by another, to appear before the judge at a stated time and place but in the discretion of the arresting officer to be allowed to go on the person's own recognizance, such warrant is not in compliance with former Code 1933, § 76-201 (see O.C.G.A. § 17-6-110). But if after arrest and release on the person's own recognizance the person arrested appears before the judge and is afforded a hearing at which evidence under oath is introduced to show danger of such injury to the person, family, or property of the person named in the warrant, this will be a substantial compliance with that section, affording the judge jurisdiction to order the giving of a bond to keep the peace, and on failure thereof to be committed to jail. Rhodes v. Pearce, 189 Ga. 623, 7 S.E.2d 251 (1940).

Power of superior court judge to issue peace warrant.

- Judge of the superior court did not have power under former Code 1933, § 76-101 (see O.C.G.A. § 17-6-90) to issue a peace warrant for arrest and commitment to jail of a person upon grounds therein stated; but the judge had such power under former Code 1933, § 76-201. Rhodes v. Pearce, 189 Ga. 623, 7 S.E.2d 251 (1940).

Presumption that bond is properly executed.

- When a bond to keep the peace is executed in the terms prescribed by law, in order to sustain an action for the breach thereof, it is not necessary for the plaintiff to show that all of the steps prescribed by law for obtaining such a bond were in fact taken, there being a presumption that the bond was executed as the result of adherence to the statutory provisions. Jones v. Talmadge, 72 Ga. App. 50, 32 S.E.2d 926 (1945).

Sheriff's authority to accept peace bond.

- County sheriff has no authority to accept a peace bond as the sheriff does a bond in a misdemeanor case, in the absence of an order of the committing officer rendered after judicial inquiry or after the accused has waived the accused's right to a preliminary hearing. Dukes v. Dukes, 119 Ga. App. 842, 168 S.E.2d 902 (1969).

When bond must be returned.

- It is essential to the validity of a peace bond or good behavior bond that the proceedings be returned to the next term of the superior court after the bond is given, and failure to make the return on time vitiates the obligation. Newberry v. State, 238 Ga. 134, 231 S.E.2d 739 (1977).

Peace bond or bond for good behavior must be returned to the next term of the superior court, when the bond expires by the bond's own limitation, unless the bond is continued upon good cause shown. Newberry v. State, 238 Ga. 134, 231 S.E.2d 739 (1977).

Hearing required absent waiver.

- In the absence of waiver, the law requires that the accused be given a preliminary hearing before exacting from the accused a peace bond. Dukes v. Dukes, 119 Ga. App. 842, 168 S.E.2d 902 (1969).

Amount of judgment on bond in case of breach.

- In an action against the obligor and the obligor's sureties in a peace bond given in proceedings under this section, for a breach of the statute, judgment for the full amount of the penalty stipulated in the bond will be awarded against the defendant and the defendant's sureties in case of a recovery. Shirley v. Terrell, 134 Ga. 61, 67 S.E. 436 (1910).

When costs may be collected.

- It is not lawful to collect any costs in a peace warrant case until after the warrant is returned to and passed upon by the superior court. Levar v. State, 103 Ga. 42, 29 S.E. 467 (1897).

Certiorari does not lie to these proceedings. Stephens v. Wallis, 75 Ga. 726 (1885).

Cited in Turner v. Austin, 236 Ga. 607, 225 S.E.2d 20 (1976); Mulling v. Wilson, 245 Ga. 773, 267 S.E.2d 212 (1980); Williams v. Kemp, 846 F.2d 1276 (11th Cir. 1988); Bogan v. State, 255 Ga. App. 413, 565 S.E.2d 588 (2002); State v. Davis, 338 Ga. App. 347, 790 S.E.2d 115 (2016).

Duties of superior court.

- Superior court must take hold of and finally dispose of all peace warrant cases, and determine upon whom the costs of the warrant shall fall. 1958-59 Op. Att'y Gen. p. 56.

Probate court jurisdiction.

- Because a probate court may hold a court of inquiry pursuant to O.C.G.A. § 17-7-20, the probate court may also issue warrants and require bond pursuant to O.C.G.A. § 17-6-90 or O.C.G.A. § 17-6-110. 1995 Op. Att'y Gen. No. U95-1.

Any person posting a bond may waive the hearing provided by this section. 1974 Op. Att'y Gen. No. U74-103.

Purpose of provisions for return of bond to state court.

- Former Code 1933, §§ 76-101 and 76-201 (see O.C.G.A. §§ 17-6-90 and17-6-110) vested jurisdiction for the return of good behavior or peace bonds in the state court in counties in which such a court was established. That change in jurisdiction, not procedure, was the purpose of Ga. L. 1978, p. 1924. 1978 Op. Att'y Gen. No. U78-50.

Bond limit on sheriff.

- Bond limit of $1,000.00 is imposed on the sheriff and does not affect the justice of the peace. 1974 Op. Att'y Gen. No. U74-103.

Assessment of costs against depositor.

- Depositor should be charged for costs only to the extent that costs are assessed against the depositor and should not be required to pay costs charged against another party. The extent of the refund is determined by who is required to pay the costs. 1969 Op. Att'y Gen. No. 69-20.

Deposit held in trust by issuing officer.

- The $12.00 deposit is held in trust by the officer who issues the warrant pending the outcome of the case, at which time the deposit's return or disposition will be governed by the cost liability of the parties. 1970 Op. Att'y Gen. No. U70-181.

When collection of costs permitted.

- It is not lawful to collect any costs in a peace warrant case until after the warrant shall have been returned to and passed upon by the superior court. 1958-59 Op. Att'y Gen. p. 56.