Magistrates and constables shall be considered officers of the superior court so far as to be subject to be ruled under similar conditions as are provided in relation to any other officer of the court and shall be subject to all the penalties as are provided in case of a rule absolute against sheriffs and other officers of the court when they, or either of them, refuse or neglect to collect or to pay over any money which they may have received or collected in their official capacities.
History. Laws 1820, Cobb’s 1851 Digest, p. 649; Laws 1839, Cobb’s 1851 Digest, p. 651; Code 1863, § 3865; Code 1968, § 3885; Code 1873, § 3961; Ga. L. 1876, p. 37, § 1; Code 1882, § 3961; Civil Code 1895, §§ 4060, 4782; Civil Code 1910, §§ 4657, 5354; Code 1933, § 24-205; Ga. L. 1983, p. 884, § 4-1; Ga. L. 1984, p. 22, § 15.
History of Code section.
The language in this Code section is derived in part from the decision in Barrett & Caswell v. Pulliam, 77 Ga. 552 (1886).
Cross references.
Liability of magistrates and constables to be ruled, Rules of the Judicial Qualifications Commission.
Structure Georgia Code
Chapter 13 - Officers of Court Generally
Article 1 - Liability for Official Acts
§ 15-13-1. Officers of Court Liability
§ 15-13-2. Liability of Sheriffs to Damage Action or Contempt
§ 15-13-3. Demand for Money Collected; Interest From Date of Demand; Verified Copy as Evidence
§ 15-13-5. Verified Answer; Jury Trial; Disposition
§ 15-13-6. When Rule Absolute Granted Without Notice
§ 15-13-7. Liability of Magistrates and Constables to Rule Nisi
§ 15-13-8. Retired Officers Subject to Court Order
§ 15-13-9. Deputy Sheriff’s Liability; Effect on Sheriff
§ 15-13-10. Appointment of Special Officer to Execute Rule or Order Against Sheriff or Deputy
§ 15-13-11. Rule Absolute as Lien on Officer’s Property
§ 15-13-12. Date of Lien Against Officer’s Property
§ 15-13-14. Punishment for Improper Return or Failure to Pay Over Money Received