All moneys arising from fines and bond forfeitures shall, at each term of the court, be distributed by the clerk of the court under order of the court to such persons and according to the priorities prescribed by law; and, upon failure to do so, the clerk shall be subject to a rule at the instance of any party aggrieved.
(Ga. L. 1878-79, p. 189, § 2; Code 1882, § 4655b; Penal Code 1895, § 1090; Penal Code 1910, § 1117; Code 1933, § 27-2903; Ga. L. 1984, p. 842, § 3; Ga. L. 1985, p. 149, § 15; Ga. L. 2015, p. 693, § 3-32/HB 233.)
The 2015 amendment, effective July 1, 2015, substituted "fines and bond forfeitures" for "fines and forfeitures" near the beginning of this Code section. See editor's note for applicability.
Editor's notes.- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."
Law reviews.- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).
JUDICIAL DECISIONS
Effect of payment of moneys to county treasurer.
- While it was the duty of the solicitor (now district attorney) to collect all moneys arising from fines and forfeitures, yet if the solicitor (now district attorney) states in the solicitor's petition that the solicitor (now district attorney) has a surplus which the solicitor (now district attorney) desires to pay over to the county treasurer, the solicitor cannot complain because the clerk and the sheriff paid over to the county treasurer stated amounts which should have been turned over to the solicitor (now district attorney) and by the solicitor (now district attorney) paid to the county treasurer. This is true for the reason that equity will not require a person to do a useless act. Terrell v. Jolly, 203 Ga. 821, 48 S.E.2d 517 (1948).
Cited in Lumpkin County v. Davis, 185 Ga. 393, 195 S.E. 169 (1938); Cooper v. Lunsford, 203 Ga. 166, 45 S.E.2d 395 (1947); Walden v. Camp, 206 Ga. 593, 58 S.E.2d 175 (1950); Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953); Ivester v. Mozeley, 89 Ga. App. 578, 80 S.E.2d 197 (1954).
OPINIONS OF THE ATTORNEY GENERAL
Responsibility for collecting and distributing fines levied by courts.
- District attorney and the state court solicitor (now district attorney) are ultimately charged with the responsibility of collecting and distributing the fines levied by their respective courts. 1974 Op. Att'y Gen. No. U74-6.
Duties of those collecting fines and forfeitures.- For a discussion of the respective duties of the prosecuting attorney, sheriff, and clerk of court in the collection of fines and forfeitures in criminal cases, see 1983 Op. Att'y Gen. No. U83-62.
RESEARCH REFERENCES
Am. Jur. 2d.
- 36 Am. Jur. 2d, Forfeitures and Penalties, §§ 1, 4, 5, 17 et seq.
C.J.S.- 36A C.J.S., Fines, § 19. 37 C.J.S., Forfeitures, §§ 39, 41.