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Call Now: 904-383-7448Any public officer who shall charge or take fees not allowed by law or for service not performed shall, on conviction or proof thereof, be dismissed from office.
(Laws 1792, Cobb's 1851 Digest, p. 357; Code 1863, § 3634; Code 1868, § 3659; Code 1873, § 3710; Code 1882, § 3710; Penal Code 1895, § 1098; Penal Code 1910, § 1125; Code 1933, § 89-702.)
- Acceptance of other compensated office or appointment by member of General Assembly, Ga. Const. 1983, Art. III, Sec. II, Para. IV.
- When proceedings were not brought under former Code 1933, § 89-702 (see now O.C.G.A. § 45-7-8) but were instituted under former Code 1933, § 24-2724 (see now O.C.G.A. § 15-6-82), relating to removal of clerks for cause, former Code 1933, § 89-702 was at least indicative of the policy of this state that public officers shall not charge or take fees not allowed by law. Adamson v. Leathers, 60 Ga. App. 382, 3 S.E.2d 871 (1939).
- Any county commissioner who knowingly and willfully assists another public officer in charging and receiving unlawful fees was guilty of malpractice in office and of violating the provisions of former Code 1933, §§ 89-9907, 89-9908 (see now O.C.G.A. § 45-11-4). Cargile v. State, 67 Ga. App. 610, 21 S.E.2d 326 (1942).
- A sheriff is not entitled to an arresting fee for an arrest made by the county police, when the sheriff does not participate in the arrest, but sheriffs are entitled to an arresting fee when they arrest in an arrest made by the Georgia State Patrol. 1945-47 Op. Att'y Gen. p. 96.
- When a game warden arrests a violator of the game and fish laws, the arrest fees go into the general funds of court. 1948-49 Op. Att'y Gen. p. 231.
- Neither the State Board of Examiners in Optometry (now the State Board of Optometry), nor any member thereof should encourage voluntary contributions to assist in meeting the expenses incurred in the administration of the affairs of the board. 1945-47 Op. Att'y Gen. p. 504.
- 67 C.J.S., Officers and Public Employees, §§ 233, 406, 409.
- Liability of public officer or his bond to public body in respect of fees or charges which he illegally or improperly collected from members of public, 99 A.L.R. 647.
Removal of public officers for misconduct during previous term, 42 A.L.R.3d 691.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 1988-04-07
Citation: 366 S.E.2d 293, 258 Ga. 162, 1988 Ga. LEXIS 102
Snippet: Justice. Bowen filed an action based upon OCGA § 45-7-8 that sought to remove Griffith from his office