(Ga. L. 1949, p. 1168, §§ 4-6; Ga. L. 1982, p. 3, § 15; Ga. L. 2015, p. 693, §§ 3-32, 3-33/HB 233.)
The 2015 amendment, effective July 1, 2015, substituted "fine and bond forfeiture fund" for "fine and forfeiture fund" near the beginning of subsection (a), in the middle of subsection (b), and in the middle of the last sentence of subsection (c); and substituted "fines and bond forfeitures" for "fines and forfeitures" near the end of subsection (c). 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
Priority of claims to fund and interest of county in compliance with limitations provisions.
- In no event would the county commissioners be entitled to use any of the money in the fine and forfeiture fund until all claimants have had an opportunity to file claims in accordance with the provisions of Ga. L. 1949, p. 1168, §§ 2 and 2A (see now O.C.G.A. §§ 15-21-50 and15-21-51). The county is, however, entitled to have the provisions of the law complied with in order to protect any contingent interest the county may have in such fund under Ga. L. 1949, p. 1168, §§ 4-6 (see now O.C.G.A. § 15-21-56), and because, if the county did not bring such action within the period of limitations, the county's claims also would be barred. Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).
County commissioners act on behalf of county.
- County commissioners are proper officers to proceed on behalf of the county. Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).
Venue in action with joint defendants.
- Provisions of Ga. L. 1949, p. 1168, §§ 4-6 (see now O.C.G.A. § 15-21-56) are not sufficient to overrule the provisions of Ga. Const. 1945, Art. VI, Sec. XIV, Para. VI (see now Ga. Const. 1983, Art. VI, Sec. II, Para. VI), providing that civil actions generally shall be brought in the county of the defendant's residence. However, if there are joint defendants, such an action may be brought in the county of residence of either. Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).
RESEARCH REFERENCES
Am. Jur. 2d.
- 6 Am. Jur. 2d, Attachment and Garnishment, §§ 38 et seq., 61 et seq., 69, 226 et seq.
C.J.S.- 7 C.J.S., Attachment, §§ 5 et seq., 47, 62 et seq., 229, 287. 36A C.J.S., Fines, §§ 1, 2, 19, 20. 37 C.J.S., Forfeitures, §§ 2, 3, 4, 45 et seq.