Submission to Grand Jury of Sworn Returns of Receipts and Disbursements; Approval or Disapproval; Appearance to Explain Errors; Failure to Make Return

  1. Law
  2. Georgia Code
  3. Local Government
  4. General Provisions
  5. Submission to Grand Jury of Sworn Returns of Receipts and Disbursements; Approval or Disapproval; Appearance to Explain Errors; Failure to Make Return

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  1. The judges of the probate courts, county treasurers, clerks of the superior courts, and sheriffs of the various counties shall make a return, under oath, to the grand juries of their respective counties on the first day of each term of the superior court. The return shall set forth a just and true statement of the amount of money belonging to the county which was received by them and the source from which the money was received, along with their expenditures, accompanied by a copy of the most recent financial statement or annual audit of the financial affairs of the county offices subject to this Code section.
  2. When the returns provided for in subsection (a) of this Code section have been made, the grand jury shall examine the same. If the returns are found to be correct, the grand jury shall endorse its approval thereon and attach the same to its general presentments, to be filed in the office of the clerk of the superior court. If the returns are found to be incorrect, the grand jury, through its foreman, shall return them to the officer making the same, shall plainly and distinctly set forth in writing the grounds of its disapproval, and shall require the officer to appear before the jury and explain the errors.
  3. Should any officer fail or refuse to make the return required by subsection (a) of this Code section, the foreman of the grand jury shall immediately notify the presiding judge of such failure. The judge shall issue an order requiring the delinquent officer to come forward and make the return required or, in default thereof, to be attached for contempt.

(Ga. L. 1876, p. 13, §§ 1-3; Code 1882, §§ 508a, 508b, 508c; Civil Code 1895, §§ 364, 365, 366; Civil Code 1910, §§ 413, 414, 415; Code 1933, §§ 23-1201, 23-1202, 23-1203; Ga. L. 1996, p. 842, § 1.)

Cross references.

- Frequency with which grand jury must perform duties, § 15-12-71.

Cross references.

- Accounting for public funds generally, T. 45, C. 8.

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Grand Jury, § 34 et seq. 63C Am. Jur. 2d, Public Officers and Employees, §§ 256 et seq., 340.

C.J.S.

- 20 C.J.S., Counties, § 314 et seq. 38A C.J.S., Grand Juries, § 88 et seq.


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