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Article 1 - In General
§ 44-12-1. Partition of Personal Property - Application may be made and partition of personal property may...
Article 2 - Choses in Action
§ 44-12-20. “Chose in Action” Defined - A chose in action is personalty to which the owner...
§ 44-12-21. Rights and Remedies to Enforce Choses in Action - For every violation of an express or implied contract and...
§ 44-12-22. Assignment of Choses in Action Arising Upon Contracts - Except as may be otherwise provided in Title 11, all...
§ 44-12-23. Assignment of a Fund - A fund may be assigned in writing. The written acceptance...
§ 44-12-24. What Rights of Action May and May Not Be Assigned - Except for those situations governed by Code Sections 11-2-210 and...
Article 3 - Bailments
Part 1 - In General
§ 44-12-40. “Bailment” Defined - A bailment is a delivery of goods or property upon...
§ 44-12-41. Bailment Contract as Entire; Performance as Condition Precedent to Action Upon It - As a general rule, the contract of bailment is an...
§ 44-12-42. Rights of Bailee in Bailed Property; Actions to Enforce Rights - During the bailment, in all cases the bailee has a...
§ 44-12-43. Care Required of Bailees - All bailees are required to exercise care and diligence to...
§ 44-12-44. Burden on Bailee After Loss; Proper Diligence Standard - In all cases of bailment, after proof of loss by...
§ 44-12-45. When Act of God or Contract Exception Available as Defense - In order for a bailee to avail himself of an...
Part 2 - Hiring
§ 44-12-60. “Hiring” Defined - The term “hiring” means a contract by which one person...
§ 44-12-61. Qualified Ownership and Rights of Hirer - The hirer of things acquires a qualified ownership of them...
§ 44-12-62. Duties of Hirer; Liability for Acts of Bailor’s Agents - History. Orig. Code 1863, § 2060; Code 1868, § 2063;...
§ 44-12-63. Obligations of Bailor - The obligations of the bailor of things are: History. Orig....
§ 44-12-64. Duty to Return Property; Assumption of Risks; Time of Return - The contract of hire may call for the return of...
§ 44-12-65. Effect of Breach of Contract; Action for Conversion by Bailor - If either party violates the terms of the hiring, the...
§ 44-12-66. Effect of Loss or Destruction of Thing Hired; Liability of Hirer - The loss or destruction of the thing hired without fault...
§ 44-12-67. When Hirer May Relet; Effect of Reletting Without Consent of Bailor - No hirer of a thing has a right to hire...
§ 44-12-68. Consent Required for Removal of Hired Thing From State or Hazardous Use - No hirer of things has a right to remove such...
§ 44-12-69. Rights of Action of Hirer and Bailor - For an interference with the possession of the thing hired,...
§ 44-12-70. Liability of Thing Hired to Execution and Levy; Forthcoming Bond - When the period of the hiring does not exceed one...
§ 44-12-71. Hire of Labor or Services; Standard of Care - The hire of labor or services is the essence of...
§ 44-12-72. Title to Article on Which Labor Bestowed - In cases of hire of labor or services, if the...
§ 44-12-73. Right to Possession by Bailee - The bailee for hire of labor and services is entitled...
§ 44-12-74. Loss or Destruction of Property; Right of Bailee to Compensation - If the thing bailed for labor and services is destroyed...
§ 44-12-75. Exercise of Discretion by Factor; Diligence - Since peculiar confidence is reposed in a factor, he may,...
§ 44-12-76. Keeper of Livery Stable; Diligence - The keeper of a livery stable is a depository for...
§ 44-12-77. Garage Owner; Diligence - The relationship of the owner of an automobile and the...
§ 44-12-78. Keeper of Wharf; Liability - One who keeps a wharf is a depository for hire...
Part 3 - Deposits
§ 44-12-90. Definitions - As used in this part, the term: History. Orig. Code...
§ 44-12-91. Voluntary or Involuntary Depositories; Liability for Naked Deposit - A person may voluntarily undertake to be a depository or...
§ 44-12-92. Liability of Depositories for Hire - Depositories for hire are bound to exercise ordinary care and...
§ 44-12-93. Liability for Gratuitously Transporting Deposits - If one, in addition to safekeeping, undertakes gratuitously to carry...
§ 44-12-94. Termination of Bailment of Naked Deposit - One who holds a naked deposit may at any time...
§ 44-12-95. Effect of Use of Naked Deposit on Liability - One who holds a naked deposit may not use such...
§ 44-12-96. Reimbursement of Expenses Incurred by Reason of Naked Deposit; Retention of Possession - One who holds a naked deposit is entitled to be...
Part 4 - Loans of Property
§ 44-12-110. Kinds of Loans; Nature of Loan for Consumption - Loans may be either for consumption or for use. A...
§ 44-12-111. Nature of Loan for Use - A loan for use is the gratuitous grant of an...
§ 44-12-112. Borrower's Duty of Extraordinary Care - The borrower is usually bound to exercise extraordinary care and...
§ 44-12-113. Loan Beneficiaries and Responsibilities - A loan is generally entirely for the benefit of the...
§ 44-12-114. Right of Borrower to Possession; Action for Interference - The borrower acquires no property right in the thing loaned...
§ 44-12-115. When Borrower May Transfer Thing Loaned; Liability of Article to Levy and Sale - If a loan is for the personal benefit and use...
§ 44-12-116. Revocability of Loans - The lender may not revoke a loan which is made...
§ 44-12-117. Liability for Necessary and Extraordinary Charges and Expenses - Since a loan is gratuitous, the borrower must pay all...
§ 44-12-118. Ownership of Increase in Loaned Property - The increase of loaned property, except property loaned by special...
§ 44-12-119. How Loaned Property Used; Acts Considered as Conversion - The property loaned must be used strictly for the purpose...
§ 44-12-120. When Death of Parties Terminates Loans - The death of the lender terminates all indefinite loans or...
Part 5 - Pawnbrokers
§ 44-12-130. Definitions - As used in this part, the term: History. Ga. L....
§ 44-12-131. Duration of Pawn Transactions; Lease-Back of Motor Vehicles Prohibited; Taking Possession of Motor Vehicles; Restrictions on Interest, Fees, or Charges; Action to Recover Excessive or Undisclosed Charges; Consequences of Excessive Charge... - History. Code 1933, § 12-612, enacted by Ga. L. 1945,...
§ 44-12-132. Permanent Records Required; Content - Every pawnbroker shall maintain a permanent record book in which...
§ 44-12-133. Manner of Recording Entry in Permanent Records; Corrections; Inspection - Entries shall appear in ink and shall be in chronological...
§ 44-12-134. Maintenance of Permanent Records for Four Years - The record of each pawn or purchase transaction provided for...
§ 44-12-135. Effect of Part on Local Laws - Nothing in this part shall supersede existing local laws nor...
§ 44-12-136. Supervision of Pawnbrokers by Municipalities - Municipal authorities may license pawnbrokers, define their powers and privileges...
§ 44-12-137. Prohibited Acts; Penalties; Presumption as to Pledgor; Replacement of Lost or Damaged Goods - shall be guilty of a misdemeanor. History. Ga. L. 1977,...
§ 44-12-138. Restrictions on Advertising; Disclosure Tickets or Statements - This is a pawn transaction. Failure to make your payments...
Article 4 - Trover
§ 44-12-150. Effect of Defendant’s Possession on Necessity of Proof of Conversion - In actions to recover the possession of chattels, it shall...
§ 44-12-151. Right of Plaintiff to Elect Form of Verdict - In an action to recover personal property, the plaintiff may...
§ 44-12-152. Determination of Value of Property - For personalty unlawfully detained, the plaintiff may recover a sum...
§ 44-12-153. Tender of Property and Hire; Effect on Costs - In actions for the recovery of personal property, if the...
§ 44-12-154. Setoff and Recoupment in Action Involving Purchase Money Contract; Judgment; Lien of Defendant - When personal property is sold and the vendor retains the...
§ 44-12-155. Alternative Verdict; Effect as First Lien Pending Payment of Judgment - An alternative verdict in an action of trover vests the...
§ 44-12-156. Effect of Judgment for Damages in Trover; Priority - When a verdict for damages is rendered in favor of...
§ 44-12-157. Effect of Destruction of or Injury to Property on Defendant’s Liability - Pending a trover action, the death or destruction of or...
§ 44-12-158. Fees and Costs When $100.00 or Less Is Involved - In an action of trover or bail trover where the...
Part 2 - Bail in Trover Proceedings
§ 44-12-170. Sale of Perishable or Other Property in Absence of Replevy; Amount of Money Verdict for Plaintiff - Whenever any officer has taken possession of any property under...
§ 44-12-171. Recovery by Defendant in Trover Action When Plaintiff Had Replevied Property - When the plaintiff in a trover action has replevied the...
Article 5 - Disposition of Unclaimed Property
§ 44-12-190. Short Title - This article shall be known and may be cited as...
§ 44-12-191. Construction of Article - This article shall be so construed as to effectuate its...
§ 44-12-192. Definitions - As used in this article, the term: History. Code 1981,...
§ 44-12-193. When Property Held, Issued, or Owing in Ordinary Course of Holder’s Business Presumed Abandoned - Except as provided in Article 17B of Title 10, all...
§ 44-12-194. Conditions Under Which Intangible Property Subject to Custody of State as Unclaimed Property - Unless otherwise provided in this article or by any other...
§ 44-12-195. When Sums Payable on Traveler’s Checks or Money Orders Deemed Abandoned; Conditions Under Which Same May Be Subjected to Custody of State as Unclaimed Property - History. Code 1981, § 44-12-195 , enacted by Ga. L....
§ 44-12-196. When Instruments on Which Banking or Financial Organization Directly Liable Presumed Abandoned; Service Charges - Any sum payable on a check, draft, or similar instrument,...
§ 44-12-197. When Certain Deposits or Other Interests in Banking or Financial Organization Presumed Abandoned - History. Code 1981, § 44-12-197 , enacted by Ga. L....
§ 44-12-198. When Fund Under Life or Endowment Insurance Policy or Annuity Contract Presumed Abandoned - History. Code 1981, § 44-12-198 , enacted by Ga. L....
§ 44-12-199. When Funds Held or Owing by Utility Presumed Abandoned - The following funds held or owing by any utility are...
§ 44-12-200. When Unclaimed Court Ordered Refund From Business Association Presumed Abandoned - Except to the extent otherwise ordered by a court or...
§ 44-12-201. When Undistributed Dividends and Distributions of Business Associations Presumed Abandoned; When Intangible Interest in Business Associations Presumed Abandoned - History. Code 1981, § 44-12-201 , enacted by Ga. L....
§ 44-12-202. When Unclaimed Property Distributed in Course of Dissolution or Liquidation of a Person Presumed Abandoned - All property distributable in the course of a voluntary or...
§ 44-12-203. When Intangible Property Held in Fiduciary Capacity for Benefit of Another, and Income Derived Therefrom, Presumed Abandoned - History. Code 1981, § 44-12-203 , enacted by Ga. L....
§ 44-12-204. When Intangible Property Held for Owner by State or Federal Entity Presumed Abandoned - All intangible property held for the owner by any state...
§ 44-12-205. When Gift Certificate or Credit Memo Presumed Abandoned - History. Code 1981, § 44-12-205 , enacted by Ga. L....
§ 44-12-206. When Unpaid Wages Presumed Abandoned - Unpaid wages, including wages represented by unpresented payroll checks owing...
§ 44-12-207. When Employee Benefit Trust Distributions and Income Thereon Presumed Abandoned; Exceptions - History. Code 1981, § 44-12-207 , enacted by Ga. L....
§ 44-12-208. When Funds Held or Owing by Insurer or Hospital, Medical, or Dental Service Corporation Presumed Abandoned; When Sums Payable on Negotiable Instrument for Payment of Claim Under Insurance Contract Presumed Abandoned - History. Code 1981, § 44-12-208 , enacted by Ga. L....
§ 44-12-209. Rent Due on Safe-Deposit Boxes; Notice of Opening of Box and Sealing of Contents When Contents Deemed Abandoned; Delivery to Commissioner - History. Code 1981, § 44-12-209 , enacted by Ga. L....
§ 44-12-210. Commencement of Abandonment for Certain Property Described in Code Section 44-12-197 - The abandonment period of any property described in Code Section...
§ 44-12-211. When Bequeathed Property Presumed Abandoned; When Person Presumed Dead Without Heirs or Distributees and Property Presumed Abandoned - History. Code 1981, § 44-12-211 , enacted by Ga. L....
§ 44-12-211.1. Excess Funds From Sale of Abandoned Motor Vehicle; Claim for Funds; Definitions - History. Code 1981, § 44-12-211.1 , enacted by Ga. L....
§ 44-12-212. When Property Described in Code Section 44-12-193 Not Subject to This Article - If specific property which is subject to the provisions of...
§ 44-12-213. Cooperation With Other States to Audit or Otherwise Determine Unclaimed Property Subject to Claim; Rules and Procedure - History. Code 1981, § 44-12-213 , enacted by Ga. L....
§ 44-12-214. Report and Remittance of Persons Holding Property Presumed Abandoned Under This Article - History. Code 1981, § 44-12-214 , enacted by Ga. L....
§ 44-12-215. Publication of “Georgia Unclaimed Property List”; Contents of Notice - History. Code 1981, § 44-12-215 , enacted by Ga. L....
§ 44-12-216. Assumption of Custody by State; Legal Proceedings Instituted by Other State; Reimbursements for Costs to Safe-Deposit Box Holders - History. Code 1981, § 44-12-216 , enacted by Ga. L....
§ 44-12-217. Sale or Destruction of Property - History. Code 1981, § 44-12-217 , enacted by Ga. L....
§ 44-12-218. Disposition of Funds Received Under Article - All funds received under this article, including the proceeds from...
§ 44-12-219. When Commissioner May Decline to Receive Certain Property - The commissioner, after receiving reports of property deemed abandoned pursuant...
§ 44-12-220. Claims for Property Paid or Delivered to Commissioner; Procedure; Destruction of Records After Seven Years - History. Code 1981, § 44-12-220 , enacted by Ga. L....
§ 44-12-221. Appeal of Commissioner’s Decision - Any person aggrieved by a decision of the commissioner or...
§ 44-12-222. Determination of Claim; Hearing - History. Code 1981, § 44-12-222 , enacted by Ga. L....
§ 44-12-223. Effect of Periods of Limitation - The expiration of any period of time specified by statute...
§ 44-12-224. Agreement and Fees for Recovery or Assistance in Recovery of Property Reported and Delivered to Commissioner - History. Code 1981, § 44-12-224 , enacted by Ga. L....
§ 44-12-225. Confidentiality of Information or Records Required by This Article - Any information or records required to be furnished to the...
§ 44-12-226. Expiration of Limitation Specified by Contract, Statute, or Court Order Not to Affect Duties Required by This Article - The expiration, before or after July 1, 1990, of any...
§ 44-12-227. Penalties - History. Code 1981, § 44-12-227 , enacted by Ga. L....
§ 44-12-228. Maintenance and Retention of Records - History. Code 1981, § 44-12-228 , enacted by Ga. L....
§ 44-12-229. Commissioner May Compel Filing of Report and May Examine Records; Failure to Maintain Records - History. Code 1981, § 44-12-229 , enacted by Ga. L....
§ 44-12-230. Employment of Independent Consultant - The commissioner may employ the services of such independent consultants,...
§ 44-12-231. Enforcement of Article; Properties Not Paid Over on a Timely Basis - History. Code 1981, § 44-12-231 , enacted by Ga. L....
§ 44-12-232. Article Does Not Relieve Holder of Duty That Arose Before July 1, 1990 - History. Code 1981, § 44-12-232 , enacted by Ga. L....
§ 44-12-233. Receipt of Securities Under This Article - Whenever the commissioner shall receive securities under this article in...
§ 44-12-234. Property in Foreign Country or Arising Out of Foreign Transaction - This article does not apply to any property held, due,...
§ 44-12-235. Rules and Regulations - The commissioner may make necessary rules and regulations to carry...
§ 44-12-236. Alternative Method of Disposition With Respect to Certain Dividends or Capital Credits Which Are Presumed Abandoned; Definitions; Procedures - History. Code 1981, § 44-12-236 , enacted by Ga. L....
§ 44-12-236.1. Donation of Abandoned Dividends or Capital Credits by Rural Telephone Cooperatives for Certain Purposes - History. Code 1981, § 44-12-236.1 , enacted by Ga. L....
§ 44-12-237. Unclaimed United States Savings Bond - History. Code 1981, § 44-12-237 , enacted by Ga. L....
§ 44-12-238. Claim for United States Savings Bonds Escheated to State - Any person making a claim for the United States savings...
Article 6 - Falling Pecans
§ 44-12-240. Definitions - As used in this article, the term: History. Ga. L....
§ 44-12-241. Pecans Falling on Public Right of Way; Ownership During Harvest Season; Picking Pecans From Tree Limbs Without Permission; Penalty - History. Ga. L. 1976, p. 272, §§ 1, 5; Ga....
§ 44-12-242. Pecans on Public Right of Way; Removal Out of Harvest Season - Any pecans remaining on public roads, streets, or highway rights...
§ 44-12-243. Effect of Article on Maintenance of Public Rights of Way; Harvest on Limited Access Highways - This article shall not be construed to prohibit employees of...
Article 7 - Protection of American Indian Human Remains and Burial Objects
Part 1 - American Indian Human Remains and Burial Objects Held by Museums
§ 44-12-260. Definitions - As used in this article, the term: History. Code 1981,...
§ 44-12-261. Inventory of American Indian Human Remains or Burial Objects in Possession of Museum; Additional Documentation Upon Request of American Indian Tribe; Construction of Part; Extension of Time to Complete Inventory and Identification; Notif... - A copy of each notice shall be sent to the...
§ 44-12-262. Return of Human Remains and Burial Objects Upon Request of Known Lineal Descendant or Tribe; Immunity of Museum for Returns Made in Good Faith; Private Collections of Artifacts Not Containing Burial Objects - History. Code 1981, § 44-12-262 , enacted by Ga. L....
§ 44-12-263. Monitoring and Review of Inventory, Identification, and Repatriation Activities - The council shall monitor and review the implementation of inventory...
§ 44-12-264. Penalties for Violation of Code Sections 44-12-261 and 44-12-262 - but in no event shall the aggregate amount of such...
Part 2 - Council on American Indian Concerns
§ 44-12-280. Council on American Indian Concerns Created; Membership; Assignment for Administrative Purposes; Terms of Office; Removal for Failure to Attend Meetings - History. Code 1981, § 44-12-280 , enacted by Ga. L....
§ 44-12-281. Compensation and Expenses - Councilmembers shall receive no compensation for their services but shall...
§ 44-12-282. Chairperson; Meetings; Quorum - Annually, the councilmembers shall elect a chairperson for a term...
§ 44-12-283. Powers and Duties of Council - The council shall have the following powers and duties: History....
§ 44-12-283.1. Additional Powers of Council - In addition to any other powers granted by law, the...
§ 44-12-283.2. Council Authorized to Promulgate Rules and Regulations; Notification Requirement - The council is authorized to promulgate rules and regulations to...
§ 44-12-284. Delegation of Duties; Professional, Technical, and Clerical Personnel - The council may delegate duties to one or more councilmembers...
§ 44-12-285. Annual Report - The council shall make an annual report of its activities...
Part 3 - Legitimate American Indian Tribes
§ 44-12-300. Tribes, Bands, Groups, or Communities Recognized by State as Legitimate American Indian Tribes - Click to view History. Code 1981, § 44-12-300 , enacted...
Article 8 - Die, Molds, Forms, and Patterns
§ 44-12-310. Definitions - As used in this article, the term: History. Code 1981,...
§ 44-12-311. Rights and Title; Transfer to Molder - History. Code 1981, § 44-12-311 , enacted by Ga. L....
Part 2 - Molders’ Liens
§ 44-12-320. Lien Created; Notice; Enforcement; Public Auction Authorized - History. Code 1981, § 44-12-320 , enacted by Ga. L....
§ 44-12-321. Notice Before Sale of Property; Violation of Certain Rights Prohibited - History. Code 1981, § 44-12-321 , enacted by Ga. L....
§ 44-12-322. Effect of Part on Other Laws of This State - In the event of any conflict between the provisions of...