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2018 Georgia Code 36-6-14 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-6-14 Case Law from Google Scholar Amendments to OCGA 36-6-14

TITLE 36 LOCAL GOVERNMENT

Section 6. County Treasurer, 36-6-1 through 36-6-28.

ARTICLE 2 COUNTY GOVERNING AUTHORITIES

36-6-14. Duties generally.

It is the duty of the county treasurer:

  1. To collect diligently from all officers and others all moneys due the county;
  2. To examine the minutes and execution dockets of the different courts of the county, to demand and receive all moneys appearing to be due thereon, and to institute proceedings against defaulters;
  3. To pay without delay, when there are sufficient funds, all orders or other debts due, according to their dates; when there are not sufficient funds, payment shall be made as prescribed in Code Section 36-11-4;
  4. To take a receipt on each order when paid and carefully file it away;
  5. To keep a well-bound book in which shall be entered all receipts, stating when received, from whom, and on what account, and all amounts paid out, stating when paid, to whom, and on what account;
  6. To keep a well-bound book in which shall be entered a full description of all county orders or other forms of indebtedness, as they are presented;
  7. To record a copy of the orders of the county governing authority levying county taxes;
  8. To exhibit to the first grand jury at the first session of the superior court of each year a full statement of the condition of the county treasury up to that time;
  9. On the second Monday in January of each year, to file with the county governing authority a full statement of his account, accompanied by his vouchers for the preceding year, together with his estimate of the indebtedness of the county for the ensuing year and the means of providing therefor;
  10. To place his books and vouchers before the grand jury or the county governing authority for examination when called upon to do so;
  11. To appear before the county governing authority or the grand jury to render an account of his actings and doings as county treasurer; and
  12. To publish at the door of the courthouse and in a public newspaper, if there is one published in the county, a copy of his annual statement to the county governing authority.

(Ga. L. 1859, p. 25, § 1; Code 1863, § 527; Code 1858, § 591; Code 1873, § 553; Code 1882, § 553; Civil Code 1895, § 460; Civil Code 1910, § 576; Code 1933, § 23-1015; Ga. L. 1982, p. 3, § 36.)

JUDICIAL DECISIONS

Publication not connected with probate court proceedings.

- Publication of the statement required to be made under this section was neither directly nor remotely connected with the business or any proceeding of the court of ordinary (now judge of the probate court). Howard v. Early County, 104 Ga. 669, 30 S.E. 880 (1898) (see O.C.G.A. § 36-6-14).

Power of ordinary (now judge of the probate court) to cite treasurer to appear.

- Under former Code 1873, §§ 553, 563, 337 (see O.C.G.A. §§ 36-6-14,36-6-27, and36-5-1(7) (since repealed)) the ordinary (now judge of the probate court) had jurisdiction to cite the county treasurer to appear before the ordinary for a settlement of the treasurer's accounts as well as to order that moneys in the treasurer's hands be paid out by the treasurer to the proper persons; and upon the treasurer's failure to pay, to issue an execution for such default. Smith v. Outlaw, 64 Ga. 677 (1880).

Upon refusal to pay, mandamus will lie against treasurer of county to compel payment of any part of salary when by law the salary is payable and after the salary has been demanded, although at the time of making demand no formal warrant had issued therefor. Clark v. Eve, 134 Ga. 788, 68 S.E. 598 (1910).

Use of record in evidence.

- When a county treasurer failed to comply with the requirements of former Code 1882, §§ 508 and 553 (see O.C.G.A. §§ 36-6-14 and36-11-5), and when an execution was issued by the ordinary (now judge of the probate court) against the treasurer as a defaulter, the treasurer could not take advantage of the treasurer's own negligence so as to substitute evidence of a lower character for the record which it was incumbent upon the treasurer to make out and deposit. Price v. Douglas County, 77 Ga. 163, 3 S.E. 240 (1887).

When bank acts as county treasurer.

- Bank acting as county depository becomes a quasi-public officer. It is therefore the duty of such bank, acting as county treasurer, to receive the surplus of the fine and forfeiture fund, and hold the funds for distribution as required by law. Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).

Fund raised by private donation not county fund.

- Fund raised by private donation, for courthouse, handled by ordinary (now judge of the probate court) and not paid into treasurer, was not a county fund in the sense used in former Civil Code 1895, §§ 458 and 460 (see O.C.G.A. §§ 36-6-14 and36-6-15), and not demandable by the treasurer. Worth County v. Sykes, 2 Ga. App. 175, 58 S.E. 380 (1907).

RESEARCH REFERENCES

C.J.S.

- 20 C.J.S., Counties, §§ 195, 205, 206.

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