A county surveyor who makes a survey for a person who neglects to pay him may make oath before the judge of the probate court of his county of the performance of such service and its value. The judge of the probate court shall thereupon issue a fi. fa. in his name for the use of the surveyor, against the person defaulting. Such person may defend himself therefor in the same manner as persons against whom executions issue for detaining county funds.
(Orig. Code 1863, § 554; Code 1868, § 618; Code 1873, § 577; Code 1882, § 577; Civil Code 1895, § 483; Civil Code 1910, § 608; Code 1933, § 23-1111.)
Cross references.- Filing of affidavit of illegality by person against whom execution has been issued for holding county money, § 48-5-239.
JUDICIAL DECISIONS
Section provides remedy for collection of fee.
- Former Code 1933, § 23-1111 (see now O.C.G.A. § 36-7-11), taken in connection with former Code 1933, § 91A-1219 (see now O.C.G.A. § 48-5-239), provided a remedy for a county surveyor to collect the surveyor's fees for official services rendered, and also a way for the defendant to test the correctness of the claim. Webb v. Stephens, 57 Ga. App. 395, 195 S.E. 577 (1938).
OPINIONS OF THE ATTORNEY GENERAL
Judge must issue execution.
- This section is clear and unambiguous and makes it the duty of the ordinary (now judge of the probate court) to issue a fi. fa. when the surveyor has complied with the provisions of this section. 1960-61 Op. Att'y Gen. p. 87.