If any sheriff or other officer fails to make a proper return of all writs, executions, and other processes put into his hands or fails to pay over all moneys received on such executions on his being required to do so by the court, he shall be liable for contempt and may be fined, imprisoned, or removed from office in the manner prescribed by the Constitution and laws of this state.
(Laws 1799, Cobb's 1851 Digest, p. 577; Code 1863, § 3861; Code 1868, § 3881; Code 1873, § 3957; Code 1882, § 3957; Civil Code 1895, § 4779; Civil Code 1910, § 5351; Code 1933, § 24-213.)
RESEARCH REFERENCES
ALR.
- Preventing, obstructing, or delaying service or execution of search warrant as contempt, 39 A.L.R. 1354.
What amounts to false return of execution or attachment; justification of alleged false return, 157 A.L.R. 194.
Use of affidavits to establish contempt, 79 A.L.R.2d 657.
Oral court order implementing prior written order or decree as independent basis of charge of contempt within contempt proceedings based on violation of written order, 100 A.L.R.3d 889.
ARTICLE 2 FEES
JUDICIAL DECISIONS
Article inapplicable to court clerk taking excessive fees.
- Statutes imposing penalties must be given a strict construction, and, under such a construction, it is obvious that the statutes do not impose a penalty on the clerk of the municipal court for taking or demanding "any greater fee than the law allows," or for an overcharge of costs. Caldwell v. Chambers, 61 Ga. App. 156, 6 S.E.2d 120 (1939).