Any clerk of the superior court who fails to perform any duty or to exercise any authority set forth in this article is subject to be fined for each offense by the presiding judge as for a contempt of court, on information of any party aggrieved, of which the clerk shall have notice in writing.
(Orig. Code 1863, § 264; Code 1868, § 258; Code 1873, § 269; Code 1882, § 269; Civil Code 1895, § 4363; Civil Code 1910, § 4894; Code 1933, § 24-2721.)
Cross references.- Exercise of contempt power generally, § 15-1-4.
JUDICIAL DECISIONS
Failure of clerk to file drainage maps deposited with clerk constitutes contempt. Board of Drainage Comm'rs v. Brown, 155 Ga. 419, 117 S.E. 236 (1923).
Cited in McDonald v. Wimpy, 204 Ga. 617, 50 S.E.2d 347 (1948).
OPINIONS OF THE ATTORNEY GENERAL
If clerk failed to publish notice pursuant to Ga. L. 1959, p. 424, §§ 1 and 2 (see now O.C.G.A. § 15-12-81), the clerk is responsible for negligence under former Code 1933, § 24-2721 (see now O.C.G.A. § 15-6-81). 1963-65 Op. Att'y Gen. p. 107.
Clerk who is on salary basis must collect indexing fee prescribed by former Code 1933, § 39-705 (see now O.C.G.A. § 9-12-94); any failure to collect such fee and make proper disposition of the money could subject the clerk to a fine under former Code 1933, § 24-2721 (see now O.C.G.A. § 15-6-81). 1970 Op. Att'y Gen. No U70-171.
RESEARCH REFERENCES
Am. Jur. 2d.
- 15A Am. Jur. 2d, Clerks of Court, §§ 30, 31.
C.J.S.- 21 C.J.S., Courts, § 343.
ALR.
- Refusal or failure of clerk of court to comply with direction of court or judge upon ground of its invalidity or supposed invalidity as contempt, 119 A.L.R. 1380.