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2018 Georgia Code 36-11-3 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

Section 11. Claims Against Counties, 36-11-1 through 36-11-7.

ARTICLE 2 COUNTY GOVERNING AUTHORITIES

36-11-3. When orders to be paid; registration of orders issued.

No order shall be paid until after five days from its date and delivery, unless otherwise specially ordered. In the meantime, the county governing authority may furnish the county treasurer with a full statement of all orders issued, which shall be immediately registered by him; when so registered, such orders shall be paid according to law, without further notice to the treasurer previous to the time of payment.

(Orig. Code 1863, § 531; Code 1868, § 595; Code 1873, § 557; Code 1882, § 557; Civil Code 1895, § 464; Civil Code 1910, § 580; Code 1933, § 23-1605.)

JUDICIAL DECISIONS

Sections 7-4-2 and 7-4-15 not repealed and construed in pari materia.

- Former Code 1933, § 23-1604 et seq. (see O.C.G.A. § 36-11-3 et seq.) did not expressly or by necessary implication repeal former Code 1933, §§ 57-101 and 57-110 (see O.C.G.A. §§ 7-4-2 and7-4-15). The statutes all were to be considered together, and when so considered, the sections first mentioned contemplate administrative action by the county officers in regard to the order in which lawful county orders shall be paid. Marion County v. First Nat'l Bank, 193 Ga. 263, 18 S.E.2d 475 (1942).

Failure to register a warrant drawn by the ordinary (now judge of the probate court) of a county may subordinate the payment of the warrant to that of others duly registered, but it does not render the warrant void. Neal Loan & Banking Co. v. Chastain, 121 Ga. 500, 49 S.E. 618 (1904).

Mandamus to compel furnishing of statement.

- Mandamus issued requiring by virtue of this section the ordinary (now judge of the probate court) to furnish a statement of all orders drawn by a predecessor in office on funds derived from the sale of courthouse bonds. Aaron v. German, 114 Ga. 587, 40 S.E. 713 (1901) (see O.C.G.A. § 36-11-3).

Interest.

- County warrant, which is a liquidated demand, even though the warrant does not express any date for payment, is as a matter of law payable on demand, when made five days after the date on which the warrant is issued, and will ordinarily bear interest from and after demand was so made. Marion County v. First Nat'l Bank, 193 Ga. 263, 18 S.E.2d 475 (1942).

RESEARCH REFERENCES

C.J.S.

- 20 C.J.S., Counties, § 400.

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