None of the fees which clerks of the superior courts, sheriffs, deputy sheriffs, bailiffs, magistrates, or constables are entitled to charge and collect for the performance of their official duties shall be charged to the state for failure to collect from the person charged unless it has been otherwise expressly declared by law or unless the nature of the fees is such that they must necessarily be so paid by the state.
(Orig. Code 1863, § 3629; Code 1868, § 3654; Code 1873, § 3705; Code 1882, § 3705; Civil Code 1895, § 5408; Civil Code 1910, § 6007; Code 1933, § 24-301; Ga. L. 1983, p. 884, § 4-1.)
Code Commission notes.- Pursuant to Code Section 28-9-5, in 1985, "bailiffs" was substituted for "baliffs" in this Code section.
OPINIONS OF THE ATTORNEY GENERAL
Sheriff may deduct fees for all fieri facias from one sum collected.
- Sheriff making collection under one income tax fieri facias and making a return of nulla bona under other tax fieri facias is entitled to deduct the sheriff's fees for all of such fieri facias from the sum collected by the sheriff under one or more of such fieri facias. 1952-53 Op. Att'y Gen. p. 206.
RESEARCH REFERENCES
Am. Jur. 2d.
- 15A Am. Jur. 2d, Clerks of Court, §§ 11, 14. 20 Am. Jur. 2d, Costs, §§ 1, 63.