Sections 7-4-2 and 7-4-15 not repealed and construed in pari materia.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

Effect of endorsement.

- Payee may have authorized the delivery of a warrant to the payee's son-in-law only for the purpose of safekeeping, yet, if at that time the warrant bore the payee's genuine signature as an endorsement thereon, the payee thereby gave to the depositary such external indicia of the right of disposing of the warrant that the depositary could, by pledging the same to an innocent person for a present consideration, divest the payee's title. Lilly v. Citizens' Bank & Trust Co., 44 Ga. App. 653, 162 S.E. 639 (1932).

Discounting of warrants.

- Inasmuch as the law authorizes a sale of county warrants and provides the method by which the vendor shall be liable to the vendee, and how the county shall be liable for interest, there is nothing illegal in the arrangement which was made between the county and the banks in discounting the legal warrants issued by the county. Southern Ry. v. Fulton County, 170 Ga. 248, 152 S.E. 567 (1930).

An order or warrant is prima-facie evidence of indebtedness on the part of the county to the payee, transferee, or endorsee, of the validity of the claim for which the warrant is issued, and the burden of proving the warrant invalid is upon the commissioners or the ordinary (now judge of the probate court), as the case may be. Blue Island State Bank v. McRae, 169 Ga. 279, 150 S.E. 151 (1929).

Subrogation of rights of maker of illegal loan to rights of warrant holder.

- When a county incurs a lawful liability for a current expense, and issues a warrant on the treasury for the warrant's payment, and subsequently procures another to pay the warrant out of a loan which the other person makes to the county, upon disaffirmance of the illegal loan by the county the lender is subrogated to the rights of the warrant holder whose warrant was paid out of the proceeds of the illegal loan. Butts County v. Jackson Banking Co., 129 Ga. 801, 60 S.E. 149 (1907).

C.J.S.

- 10 C.J.S., Bills and Notes, §§ 127, 129.