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Call Now: 904-383-7448Any municipal corporation shall have full power and authority to provide, by ordinance, for the forfeiture of bonds given by offenders for their appearance before municipal courts and to provide for the collection of the same from the principal and sureties on such bonds by judgment, execution, and sale.
(Ga. L. 1880-81, p. 176, § 1; Code 1933, § 69-206.)
- For article, "Cities and Towns in Georgia: A Distinction With a Difference?," see 14 Mercer L. Rev. 385 (1963). For note, "Bail in Georgia: Elimination of 'Double Bonding': A Partially Solved Problem," see 8 Ga. St. B.J. 220 (1971).
- City ordinance which seeks to hold the surety liable on a criminal appearance bond until the fine imposed is collected does not conflict with Georgia case law; is authorized by O.C.G.A. § 36-32-4, which authorizes municipal corporations to make provision by ordinance as to what constitutes the forfeiture of bonds given by offenders for their appearance before municipal courts; and does not conflict with O.C.G.A. § 17-6-31 (surrender on surety bonds); for these reasons, there has not been preemption by the state in this area of regulatory activity. Therefore, the ordinance is not unconstitutional under the special law - general law prohibition contained in Ga. Const. 1983, Art. III, Sec. VI, Para. IV. City of Macon v. Davis, 251 Ga. 332, 305 S.E.2d 116 (1983).
Total Results: 2
Court: Supreme Court of Georgia | Date Filed: 2015-11-02
Citation: 298 Ga. 67, 779 S.E.2d 330
Snippet: receive evidence and reach a decision. OCGA § 36-3-24. The language of the statutes creating the scheme
Court: Supreme Court of Georgia | Date Filed: 2014-03-10
Citation: 294 Ga. 730, 755 S.E.2d 760
Snippet: notice to the parties, hold a hearing. OCGA § 36-3-24. “Upon the hearing, the Secretary of State shall