The magistrate court shall not have fixed terms. The chief magistrate shall provide for sessions of court to be held at such times and in such places, within or without the county seat, as are necessary or convenient.
(Code 1981, §15-10-4, enacted by Ga. L. 1983, p. 884, § 2-1.)
Cross references.- Hours of magistrate court operation, Uniform Rules for the Magistrate Courts, Rule 3.
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarities of the statutory provisions, decisions under former Code 1933, § 24-601 are included in the annotations for this Code section.
Availability of certiorari if judgment rendered at illegal place.
- Judgment of the justice of the peace, void because rendered at some place other than the regular place of holding the court, may be attacked by affidavit of illegality in a proper case, but a writ of certiorari will not lie to such judgment. Courson v. Land, 54 Ga. App. 534, 188 S.E. 360 (1936) (decided under former Code 1933, § 24-601).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarities of the statutory provisions, opinions under former Code 1933, §§ 24-601, 24-901, and 24-903 are included in the annotations for this Code section.
Office must be open for sufficient periods to perform duties required by law. 1983 Op. Att'y Gen. No. 83-59.
Justice of the peace has no authority to change time for holding court without legislative sanction and any judgments rendered at times or places other than those fixed by law are void. 1965-66 Op. Att'y Gen. No. 65-34 (decided under former Code 1933, § 24-901).
Justice of the peace may not change time of holding court without posting public notice. 1948-49 Op. Att'y Gen. p. 53 (decided under former Code 1933, § 24-901).
No jurisdiction outside own district.- Justice of the peace is required to hold court and to maintain the justice's office within the justice's district; the justice does not have jurisdiction of the person or of the subject matter in any trial held outside such district. 1970 Op. Att'y Gen. No. U70-44 (decided under former Code 1933, §§ 24-601 and 24-903).