The officers of court shall have a lien upon all funds arising from fines and bond forfeitures for the payment of their insolvent costs.
(Ga. L. 1875, p. 88, § 1; Code 1882, § 4654; Penal Code 1895, § 1085; Penal Code 1910, § 1112; Code 1933, § 27-2910; 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" in the middle of this Code section. See editor's note for applicability.
Cross references.- Liens generally, § 44-14-320 et seq.
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
Payment of arresting fees from fines and forfeitures fund.
- Under the general law of this state, arresting fees can be paid only from funds derived from fines and forfeitures, unless the fees are assessed against and paid by the defendants on conviction. Newport v. Longino, 178 Ga. 797, 174 S.E. 537 (1934).
No authorization for payment of fees if defendant able to pay.
- Officers of the court are entitled to receive their fees from the fine and forfeiture fund in cases when the defendants have been acquitted, or when the persons liable by law for the payment of the costs are unable to pay the costs; but there is no provision of law authorizing the payment of these fees from this fund in cases when the convicted defendant is able to pay the costs. Pound v. Faulkner, 193 Ga. 413, 18 S.E.2d 749 (1942).
Interest of county in forfeitures.
- County has no interest in the money collected from forfeited recognizances until after all the legal claims on such funds held and owned by officers bringing the money into court shall have been allowed and paid. Randolph County v. Ellis, 130 Ga. 121, 60 S.E. 458 (1908).
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); Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).
RESEARCH REFERENCES
Am. Jur. 2d.
- 36 Am. Jur. 2d, Forfeitures and Penalties, § 15 et seq.
C.J.S.- 36A C.J.S., Fines, §§ 3, 6. 37 C.J.S., Forfeitures, §§ 30, 31, 33. 67 C.J.S., Officers and Public Employees, §§ 318, 322, 323.