Editor's notes.

- In light of the similarity of the provisions, decisions under former Code 1890, § 337, Ga. L. 1903, p. 41, former Civil Code 1910, and former §§ 36-5-1 and36-5-2 are included in the annotations for this Code section.

Act of ordinary (now county governing authority) exercised in matters specified by statute are quasi-judicial functions; and therefore the ordinarys are not liable to suit, even for gross errors of judgment committed in making such contracts. Paulding County v. Scoggins, 97 Ga. 253, 23 S.E. 845 (1895) (decided under former law).

Mandamus will not lie to compel ordinary (now county governing authority) to have bridge built, which was recommended by grand jury. Patterson v. Taylor, 98 Ga. 646, 25 S.E. 771 (1896) (decided under former Code 1890, § 337).

Discretion of ordinary (now county governing authority) as to rebuilding bridges not subject to control unless abused. Dale v. Barnett, 105 Ga. 259, 31 S.E. 167 (1898) (decided under former law).

Mandamus will not lie to collaterally attack order to alter public road. Crum v. Hargrove, 119 Ga. 471, 46 S.E. 626 (1904) (decided under Ga. L. 1903, p. 41).

Transfer of powers. O.C.G.A. § 36-5-22.1 did not prevent the county board from passing resolutions which effectively transferred much of the power of the county chairperson to the county board. Krieger v. Walton County Bd. of Comm'rs, 269 Ga. 678, 506 S.E.2d 366 (1998).

Ordinary (now county governing authority) keeps power in face of charter provision.

- Manner of removing obstructions by proceedings before ordinary (now county governing authority) is not divested by municipal charter provisions permitting mayor and council to exercise this power. Hendricks v. Carter, 21 Ga. App. 527, 94 S.E. 807 (1918) (decided under former Civil Code 1910).

Ordinary (now county governing authority) cannot issue bonds to pay for work under contract.

- Ordinary (now county governing authority) has power to make all contracts necessary to perform the duties cast upon the ordinary; but the ordinary cannot issue bonds to raise pay for the work done thereunder, this must be done by taxation. Dent v. Cook, 45 Ga. 323 (1872) (decided under former law).

Sheriff has no authority over commissions generated by use of county jail.

- County sheriff was not entitled to keep commissions received from a company that provided telephone services to county jail inmates as revenue generated using county property or facilities - such as the jail - was itself county property and therefore subject to county authority under O.C.G.A. § 36-5-22.1. Although a sheriff could collect certain fees, such as fees for attending court, O.C.G.A. § 15-16-21 provided that such fees had to be turned over to the county's treasurer or fiscal officer. Lawson v. Lincoln County, 292 Ga. App. 527, 664 S.E.2d 900 (2008), cert. denied, 2008 Ga. LEXIS 899 (Ga. 2008).

Authority to enact ordinance.

- Miller County, Ga., Ordinance No. 10-01, § 3 does not purport to supplant O.C.G.A. § 16-10-6 because the effect of § 3 is to strengthen § 16-10-6 by a broader prohibition with additional specific requirements for any exception; the county had authority, as an incident of the county's home rule power, to enact Miller County, Ga., Ordinance No. 10-01, § 3 so long as the ordinance did not conflict with general law. Bd. of Comm'rs v. Callan, 290 Ga. 327, 720 S.E.2d 608 (2012).

Power to lease.

- Ordinary (now county governing authority) had power to lease directly to an individual certain realty for use in operating a filling station, as it was then being and had been used for 13 years. Such a lease, having been so executed was not void on the ground that the lease was not authorized by law, or that the interest thereby created extended beyond the term of the official then in office, or that it amounted to a commercial transaction in which the county was not authorized by law to engage. Black v. Forsyth County, 193 Ga. 571, 19 S.E.2d 297 (1942) (decided under former law).

Employment of counsel.

- County governing authority has the implicit power to employ counsel for county officers. Stephenson v. Board of Comm'rs, 261 Ga. 399, 405 S.E.2d 488 (1991).

County governing authority's employment of counsel to represent a superior court clerk did not violate Ga. Const. 1983, Art. 9, Sec. 2, Paras. 1(c)(1) or (7), which preclude the authority from exercising any power in a manner affecting "any elective county office" or "any court or the personnel thereof." Stephenson v. Board of Comm'rs, 261 Ga. 399, 405 S.E.2d 488 (1991).

Cited in Holder v. Hall, 512 U.S. 874, 114 S. Ct. 2581, 129 L. Ed. 2d 687 (1994); Bodker v. Taylor, (N.D. Ga. June 5, 2002); Hill v. Clayton County Bd. of Comm'rs, 283 Ga. App. 15, 640 S.E.2d 638 (2006), overruled on other grounds, Mayor & Aldermen of Savannah v. Batson-Cook Co., 291 Ga. 114, 728 S.E.2d 189 (Ga. 2012). Pelphrey v. Cobb County, 547 F.3d 1263 (11th Cir. 2008).

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 13.

C.J.S.

- 20 C.J.S., Counties, §§ 22, 23.

40 C.J.S., Highways, § 253 et seq.

ALR.

- Right of one detained pursuant to quarantine to habeas corpus, 2 A.L.R. 1542.

Right and duty of highway contractor as to barricading or obstructing street, 7 A.L.R. 1203; 104 A.L.R. 955.