Powers of Clerks

  1. Law
  2. Georgia Code
  3. Courts
  4. Superior Courts
  5. Clerks of Superior Courts
  6. Powers of Clerks

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The clerks of the superior courts have authority:

  1. To administer oaths and take affidavits in all cases permitted by law or where such authority is not confined to some other officer;
  2. To receive the amounts of all costs due in the court of which they are clerks and to receive other sums whenever required to do so by law or by order of the judge, and not otherwise;
  3. To advertise under the same rules and restrictions as apply to sheriffs;
  4. To demand and collect in advance their fees for recording deeds, mortgages, and other instruments which are legally entitled to be recorded on the deed and mortgage records of their counties; and
  5. To exercise such other powers as are or may be conferred upon them by law.

(Laws 1799, Cobb's 1851 Digest, p. 574; Code 1863, § 263; Code 1868, § 257; Code 1873, § 268; Ga. L. 1875, p. 86, § 1; Code 1882, § 268; Civil Code 1895, § 4362; Civil Code 1910, § 4893; Code 1933, § 24-2720; Ga. L. 1963, p. 367, § 1.)

Cross references.

- Power of clerks of superior courts to appoint notaries public, § 45-17-1.1.

JUDICIAL DECISIONS

Duty of receiving all costs due in the court are charged to superior court clerks. Whitsett v. Hester-Bowman Enters., Inc., 94 Ga. App. 78, 93 S.E.2d 788 (1956).

Clerk cannot administer attachment affidavit. Heard v. National Bank, 114 Ga. 291, 40 S.E. 266 (1901).

Oaths may be administered by deputy clerk. Graves v. Warner, 26 Ga. 620 (1859); Ellis v. Ellis, 134 Ga. 287, 67 S.E. 819 (1910).

Act creating city court may confer power in clerk thereof to administer oaths, and attest on affidavits as basis of an accusation. Wright v. Davis, 120 Ga. 670, 48 S.E. 170 (1904); Griffin v. State, 3 Ga. App. 476, 60 S.E. 277 (1908).

Sole compensation of clerk is salary payable by county, and the clerk is inhibited to receive to the clerk's own use any fees or perquisites of office. Puckett v. Walker, 194 Ga. 401, 21 S.E.2d 713 (1942).

Nature of deposits.

- Moneys incidentally coming into the hands of the clerk from parties to cases in court are deposits for safe-keeping to meet the requirements of the orders or judgments of the court. Puckett v. Walker, 194 Ga. 401, 21 S.E.2d 713 (1942).

Clerk's speculation with deposits forbidden.

- Clerk does not acquire authority to substitute for the court a different depository, or to speculate by putting the money out at interest, thereby taking risk of a loss. If the clerk does so, and collects interest under color of the clerk's office, such interest should be regarded merely as enlargement of the original deposits, and not for the clerk's individual enrichment. Puckett v. Walker, 194 Ga. 401, 21 S.E.2d 713 (1942).

Failure to charge sufficient costs not to affect rights of parties.

- In cases where the clerks are on a salary basis and the costs belong to the county, failure to charge sufficient costs would be a matter between the clerk and the county, and might subject the clerk to a contempt proceeding, but would not affect the rights of parties litigant. Whitsett v. Hester-Bowman Enters., Inc., 94 Ga. App. 78, 93 S.E.2d 788 (1956).

Dormancy not prevented by entry of clerk.

- Mere entry by a clerk upon an execution acknowledging that the clerk received the cost due thereon will not suffice to relieve from dormancy the judgment upon which the execution was based. Lewis v. Smith, 99 Ga. 603, 27 S.E. 162 (1896).

Employment of counsel.

- General Assembly has not expressly granted clerks of superior court the power to hire attorneys, and there is no legislative grant of power from which it is necessarily implied that clerks have the power to contract for the services of an attorney. Stephenson v. Board of Comm'rs, 261 Ga. 399, 405 S.E.2d 488 (1991).

County governing authority's employment of counsel to represent a superior court clerk did not violate Ga. Const. 1983, Art. IX, Sec. II, Para. I(c)(1) or (7), which preclude the authority from exercising any power in a manner affecting "any elective county office" or "any court or the personnel thereof." Stephenson v. Board of Comm'rs, 261 Ga. 399, 405 S.E.2d 488 (1991).

Cited in Myrick v. Dixon, 37 Ga. App. 536, 140 S.E. 920 (1927).

OPINIONS OF THE ATTORNEY GENERAL

Records of amounts due Peace Officers Annuity and Benefit Fund will normally be kept by clerk of court. 1970 Op. Att'y Gen. No. U70-85.

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Clerks of Court, §§ 18, 20 et seq.

C.J.S.

- 21 C.J.S., Courts, § 324 et seq.


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