Selling Office or Dividing Fees

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If any person who has been elected to any office shall sell or farm out said office; or if any person shall purchase or agree to give any money or other thing of value to a person elected for the privilege of exercising the duties of said office; or if any person shall promise or agree to divide the profits, fees, or emoluments of said office with the person so elected, he shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement and labor in the penitentiary for not less than one year nor more than three years.

(Ga. L. 1871-72, p. 285, §§ 1, 2; Code 1873, § 4472; Code 1882, § 4472; Penal Code 1895, § 281; Penal Code 1910, § 285; Code 1933, § 89-9904.)

Cross references.

- Buying or selling of votes, § 21-2-570.

JUDICIAL DECISIONS

Payment of deputy out of fees.

- An agreement to pay a deputy out of the fees and profits of the office is not opposed to this section. Bynum v. Knighton, 137 Ga. 250, 73 S.E. 400, 1913A Ann. Cas. 903 (1911).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 369.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 452.


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