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2018 Georgia Code 45-12-21 | Car Wreck Lawyer

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 12. Governor, 45-12-1 through 45-12-207.

ARTICLE 2 POWERS AND DUTIES GENERALLY

45-12-21. Issuance of warrants for payments from treasury.

All payments from the state treasury, unless otherwise provided, shall be made upon the warrant of the Governor, and he may withhold his approval on any account audited by the state auditor and certified by the comptroller general. The warrant shall always specify on what appropriation or fund it is drawn.

(Laws 1836, Cobb's 1851 Digest, p. 1028; Code 1863, § 77; Code1868, § 71; Code 1873, § 76; Code 1882, § 76; Civil Code 1895, § 140; Civil Code 1910, § 163; Code 1933, § 40-204; Ga. L. 2013, p. 141, § 45/HB 79.)

JUDICIAL DECISIONS

Comptroller General is not authorized to draw a warrant upon the State Treasurer (now director of the Office of Treasury and Fiscal Services). Irons v. Harrison, 185 Ga. 244, 194 S.E. 749 (1937).

Payment from specified account.

- A warrant drawn by the Governor upon the State Treasurer (now director of the Office of Treasury and Fiscal Services) directing the latter to place the amount of such warrant "to the account of the school fund," is payable out of that fund as derived from the sources authorized by the constitution and the law; and it is not only the right but the duty of the State Treasurer (now director of the Office of Treasury and Fiscal Services) to so construe such a warrant. Park v. Candler, 113 Ga. 647, 39 S.E. 89 (1901).

Revocability of warrant.

- An executive warrant upon the treasury of the state, authorizing the payment of money in pursuance of an appropriation made by law, is not a contract nor in the nature of a contract, but is only a license or power, and is revocable so long as the payment which it warranted has not been made. Fletcher v. Renfroe, 56 Ga. 674 (1876).

If revocation cannot take place by the separate act of the Governor, it can take place by the joint act of the Governor and the General Assembly; and a resolution passed by both houses and approved by the Governor, instructing the State Treasurer (now director of the Office of Treasury and Fiscal Services) not to pay a warrant, is a virtual revocation. Fletcher v. Renfroe, 56 Ga. 674 (1876).

Cited in Gregory v. Hamilton, 215 Ga. 735, 113 S.E.2d 395 (1960); Maddox v. Fortson, 226 Ga. 71, 172 S.E.2d 595 (1970).

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, §§ 80, 81.

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