reglab/housing_qa huggingface dataset:
GA Code § 15-10-60 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 4 - Violation of Ordinances of Counties and State Authorities|§ 15-10-60. Applicability of Article; Suspended Sentences

  This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce such ordinances than the county or state authority has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $1,000.00 or six months' imprisonment or both, provided the judge shall probate not less than 120 days of any sentence imposed, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by the ordinance. In the event a sentence is revoked, a defendant shall not serve more than 60 days in a county jail.   The trial court may suspend the service of the sentence imposed in the case upon such terms and conditions as it may prescribe for the payment of the fine, for performance of community service in lieu of a fine or incarceration, for the payment of restitution to a victim, or other condition relating to the underlying offense. Service of the sentence, when so suspended, shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of a sentence was suspended. Service of all or any part of any sentence suspended upon such conditions may be ordered to commence by the trial court any time before the expiration of one year from the date of the sentence after a hearing and a finding by the court that the defendant has failed or refused to comply with the terms and conditions upon which service of the sentence was suspended.     (Code 1981, §15-10-60, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 22, § 15; Ga. L. 1987, p. 448, § 2; Ga. L. 1993, p. 910, § 1; Ga. L. 2000, p. 1155, § 2; Ga. L. 2003, p. 408, § 1.)
GA Code § 15-10-61 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 4 - Violation of Ordinances of Counties and State Authorities|§ 15-10-61. No Right to Trial by Jury; Right of Removal to State or Superior Court

 There shall be no jury trials in the magistrate court. Any defendant who is charged with one or more ordinance violations may, at any time before trial, demand that the case be removed for a jury trial to the state court of the county or to the superior court of the county if there is no state court. Such a demand shall be written. Upon such a demand the court shall grant the demand. Failure to so demand removal of the case shall constitute a waiver of any right to trial by jury which the defendant may otherwise have.    (Code 1981, §15-10-61, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1987, p. 448, § 2.)   Cross references.   - Transfers and changes of venue in magistrate court proceedings, Uniform Rules for the Magistrate Courts, Rule 36.   JUDICIAL DECISIONS    O.C.G.A. § 15-10-61 was not a general law which provided for removal to state court for jury trial, and the local law governing the county recorder's court did not violate the constitutional prohibition against local laws on the same subject as general laws. Smith v. Greene, 274 Ga. 815, 559 S.E.2d 726 (2002).   Transfer to another court.    - Because defendant's case for violation of various municipal ordinances for operating a sexually oriented business without a license arose in municipal court, not magistrate court, the defendant was not entitled to have the charges against the defendant bound over to state court and the defendant's constitutional issues were not preserved for appeal. Focus Entm't Int'l, Inc. v. Bailey, 256 Ga. App. 283, 568 S.E.2d 183 (2002).    Cited in Avant v. Douglas County, 253 Ga. 225, 319 S.E.2d 442 (1984); Haygood v. State, 221 Ga. App. 477, 471 S.E.2d 552 (1996).
GA Code § 15-10-63 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 4 - Violation of Ordinances of Counties and State Authorities|§ 15-10-63. Use of Citations; Arrests

  The governing authority of any county or any state authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations.   Each citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the county or authority agent who completes and serves it.   Prosecutions for violations of ordinances upon citations shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations or by an agent of the state authority who is authorized by the authority to issue citations. Except as provided in subsection (c) of Code Section 15-10-62, a copy of the citation shall be personally served upon the accused; and the original shall promptly be filed with the court.   No person shall be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct or as authorized by ordinance of a state authority; provided, however, that the accused may be arrested prior to the time of trial for the violation of a county ordinance relating to loitering; and provided, further, that any defendant who fails to appear for trial shall be arrested thereafter on the warrant of the magistrate and required to post a bond for his or her future appearance.     (Code 1981, §15-10-63, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 9; Ga. L. 1985, p. 149, § 15; Ga. L. 1987, p. 448, § 2; Ga. L. 1994, p. 292, § 2; Ga. L. 2000, p. 880, § 2; Ga. L. 2016, p. 755, § 2/HB 1025.)
GA Code § 15-10-63.1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 4 - Violation of Ordinances of Counties and State Authorities|§ 15-10-63.1. Cash Bonds

  The chief magistrate of each county may by written order establish a schedule of cash bonds for the personal appearance in court of any person charged with a violation of an ordinance. The chief magistrate shall designate the officer or officers authorized to accept cash bonds pursuant to the schedule of bonds published by the court. In no event shall any officer or agent who is authorized to issue citations be authorized to accept a cash bond at the time of or in conjunction with the issuance of any citation. The officer accepting a cash bond shall issue a receipt for the bond to the person charged with the violation.   Any person who is accused by citation but has not been arrested may, but shall not be required to, give a cash bond for his personal appearance in court for trial. If a person who has given a cash bond fails to appear for trial, the failure to appear shall be deemed to constitute a guilty plea and such cash bond shall be forfeited upon the call of the case for trial. It shall not be necessary for the county to take any further action to forfeit the cash bond. Forfeiture of a cash bond shall be deemed to constitute imposition and payment of a fine and shall be a bar to a subsequent prosecution of the accused for the violation. The court may, however, in any case enter an order pursuant to which bond forfeiture shall not be deemed to constitute imposition of a sentence and subsequent prosecution shall not be barred; and in any such case the amount of the bond forfeited shall be credited against any fine subsequently imposed.   It shall be the duty of the clerk of magistrate court to furnish the officer or officers authorized under the order with a book of blank receipts consecutively numbered in triplicate and readily distinguishable and identifiable. The receipts shall be completed by the officers when accepting a cash bond so as to show the name of the person cited or arrested, the date of citation or arrest, nature of the offense, amount of cash bond given, and the name of the receiving officer. The receiving officer shall deliver a copy of the receipt to the person cited or arrested at the time the cash bond is given and shall file the original together with the cash bond with the clerk of the magistrate court not later than the next succeeding business day following the date of issuance of the receipt.     (Code 1981, §15-10-63.1, enacted by Ga. L. 1985, p. 417, § 1; Ga. L. 1987, p. 448, § 2.)
GA Code § 15-10-64 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 4 - Violation of Ordinances of Counties and State Authorities|§ 15-10-64. Execution Upon Unpaid Fines; Sheriff to Receive Sentenced Persons

  Execution may issue immediately upon any fine imposed by the court and not immediately paid.   The sheriff of the county shall receive and house all persons sentenced to confinement for contempt or arrested or sentenced to confinement for violation of ordinances.     (Code 1981, §15-10-64, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 10; Ga. L. 1987, p. 448, § 2.)
GA Code § 15-10-65 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 4 - Violation of Ordinances of Counties and State Authorities|§ 15-10-65. Certiorari to Superior Court

 Review of convictions shall be by certiorari to the superior court.    (Code 1981, §15-10-65, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1987, p. 448, § 2.)
GA Code § 15-10-66 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 4 - Violation of Ordinances of Counties and State Authorities|§ 15-10-66. Prosecuting Attorney

 The county attorney or another attorney designated by the county governing authority may act as prosecuting attorney for violations of county ordinances; and any attorney designated by the affected state authority may act as prosecuting attorney for violation of state authority ordinances.    (Code 1981, §15-10-66, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1987, p. 448, § 2.)
GA Code § 15-10-81 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 5 - Fees and Costs|§ 15-10-81. Costs Upon Conviction of Violation of Ordinance

 In cases of conviction of violation of county ordinances, costs of not more than $70.00 may be taxed against the defendant.    (Code 1981, §15-10-81, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 11; Ga. L. 2010, p. 9, § 1-41/HB 1055.)
GA Code § 15-10-83 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 5 - Fees and Costs|§ 15-10-83. Constables' Fees for Levies and Judicial Sales

 For levying on executions and conducting judicial sales constables shall collect the same fees as are charged by sheriffs.    (Code 1981, §15-10-83, enacted by Ga. L. 1983, p. 884, § 2-1.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarities of the statutory provisions, opinions under former Code 1933, § 24-820 are included in the annotations for this Code section.   Fee for advertisements required before sale of personal property.   - Under former Code 1933, § 24-820, the constable was entitled to receive a fee for each of the three advertisements required under former Code 1933, §§ 24-1411 and 24-1412 for the sale of personal property. 1958-59 Op. Att'y Gen. p. 44 (decided under former Code 1933, § 24-820).
GA Code § 15-10-84 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 5 - Fees and Costs|§ 15-10-84. Fee for Administering Oath

 For administering any oath other than in connection with a matter before the court, a magistrate shall collect a fee of $1.00.    (Code 1981, §15-10-84, enacted by Ga. L. 1983, p. 884, § 2-1.)
GA Code § 15-10-85 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 5 - Fees and Costs|§ 15-10-85. Fees and Costs to Be Deposited Into County Treasury

 All fees, costs, and other funds collected by officers of the magistrate court shall be accounted for and paid into the county treasury not less often than once a month.    (Code 1981, §15-10-85, enacted by Ga. L. 1983, p. 884, § 2-1.)
GA Code § 15-10-86 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 5 - Fees and Costs|§ 15-10-86. Law Library Fees

 Law library fees shall not be charged unless otherwise provided by local law.    (Code 1981, §15-10-86, enacted by Ga. L. 1983, p. 884, § 2-1.)   Cross references.   - Collection of additional costs in court cases, O.C.G.A. § 36-15-9.   OPINIONS OF THE ATTORNEY GENERAL   "Local law" defined.    - Term "local law" as the term is used in O.C.G.A. § 15-10-86 means a local act of the General Assembly, and thus that statute does not authorize collection of law library fees in magistrate's court pursuant to an ordinance or resolution of the county governing authority. 1984 Op. Att'y Gen. No. U84-12.
GA Code § 15-10-87 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 5 - Fees and Costs|§ 15-10-87. Transfer of Filing Fee Upon Transfer of Case to State or Superior Court; Failure to Transmit Fee

  When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee, but as between the parties the costs shall be as in other cases in the state court or superior court. This subsection shall only apply to actions filed on or before June 30, 2012.   When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee; provided, however, that all costs and filing fees shall be paid by the parties within 30 days. Failure to pay such costs and filing fees shall result in a dismissal of the transferred case unless there is good cause shown. The magistrate court clerk shall transmit to the clerk of the state court or superior court a certified copy of the contents of the entire file for the case being transferred. This subsection shall only apply to actions filed on or after July 1, 2012.     (Code 1981, §15-10-87, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 2012, p. 173, § 1-28/HB 665.)   Cross references.   - Filing and processing documents, Uniform State Court Rules, Rule 36.
GA Code § 15-10-100 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 6 - Constables, Clerk, and Other Court Personnel|§ 15-10-100. Appointment of Constables; Compensation; Chief Constable

  Unless otherwise provided by local law, the county governing authority may provide for the appointment of constables by the chief magistrate. Constables so appointed shall serve at the pleasure of the chief magistrate. The compensation of constables so appointed shall be fixed by the county governing authority.   If no provision is made for the appointment of constables the sheriff and his deputies shall perform the duties of constables.   The General Assembly may by local law provide for the appointment of constables and their salaries.   All constables shall be compensated solely on a salary basis and not in whole or in part from fees; and their salaries shall be paid in equal monthly installments from county funds.   If there is more than one constable, one shall be appointed as chief constable and shall supervise the other constables.    (c.1) (1)In addition to the alternatives provided in subsections (a), (b), and (c) of this Code section, the governing authority of a county may employ marshals to perform the duties of constables.   No person employed or appointed as a marshal pursuant to paragraph (1) of this subsection shall exercise any of the powers or authority which are by law vested in the office of sheriff or any other peace officer, including the power of arrest, except as may be authorized by law.   Any person employed or appointed as a marshal pursuant to paragraph (1) of this subsection shall meet the requirements of Chapter 8 of Title 35.    (Code 1981, §15-10-100, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1991, p. 1155, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24-817 are included in the annotations for this Code section.    Constable's commission can be prepared for issuance by Governor  for a person who is also serving as a full-time city police officer. 1967 Op. Att'y Gen. No. 67-455 (decided under former Code 1933, § 24-817).   Execution and return of court processes and orders.   - Sheriff and the sheriff's deputies are not authorized to execute and return the processes and orders of a magistrate court when that court has an appointed constable. 1987 Op. Att'y Gen. No. U87-16.   Eligibility to use detection devices.   - Absent independent legal authorization, a county marshal or deputy marshal does not have authority to apply for or use speed detection devices. 2005 Op. Att'y Gen. No. 2005-1.
GA Code § 15-10-101 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 6 - Constables, Clerk, and Other Court Personnel|§ 15-10-101. Eligibility of Constables

  Except as provided in subsection (b) of this Code section, the eligibility for constable is the same as for magistrate.   Each constable shall have attained the age of at least 21 years prior to the date of his assuming the duties of constable.     (Code 1981, §15-10-101, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1986, p. 198, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes   - In light of the similarities of the statutory provisions, opinions under former Code 1933, §§ 24-803 and 24-805 are included in the annotations for this Code section.    Constable may not continue to serve  if the constable does not meet the eligibility requirements under the Magistrate Act. 1983 Op. Att'y Gen. No. 83-59.    Constable is not prohibited from being specially deputized by sheriff  for the specific purpose of serving a particular writ; in such a situation a constable is a de facto deputy sheriff and service by the constable is legal. 1971 Op. Att'y Gen. No. 71-7 (decided under former Code 1933, §§ 24-803 and 24-805).    Constable's commission can be prepared for issuance by governor  for a person who is also serving as a full-time city police officer. 1967 Op. Att'y Gen. No. 67-455 (decided under former Code 1933, §§ 24-803 and 24-805).
GA Code § 15-10-102 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 6 - Constables, Clerk, and Other Court Personnel|§ 15-10-102. Powers and Duties of Constables

 The powers and duties of constables include the following:    To attend regularly all sessions of magistrate court;   To pay promptly over money collected by them to the magistrate court;   To execute and return all warrants, summonses, executions, and other processes directed to them by the magistrate court; and   To perform such other duties as are required of them by law or as necessarily appertain to their offices.     (Code 1981, §15-10-102, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 22, § 15.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 24-814, 24-815, and 24-817 are included in the annotations for this Code section.   "Law enforcement officer" includes constables.    - Since, although constables do not have general police powers, constables do have the power to arrest with a warrant and to execute and return all warrants, summons, executions, and other processes directed to the constables by the magistrate court, and constables are to perform all other duties required of the constables by law or which relate to the constable's offices, under O.C.G.A. §§ 15-10-102 and15-10-103, one can logically conclude that the term "law enforcement officer" as used in O.C.G.A. § 15-10-202(c) includes constables of the magistrate court. 1987 Op. Att'y Gen. No. U87-21.   Writs of fieri facias may be directed to constables.   - Writs of fieri facias issued by the magistrate court may be directed to the constables of that court and, in executing these writs, constables may conduct judicial sales of personal property. 1984 Op. Att'y Gen. No. U84-36.    Constable's territorial jurisdiction to levy under an execution  is limited to the county in which the constable's militia district is located. 1980 Op. Att'y Gen. No. 80-112 (decided under former Code 1933, § 24-817).   State court judge not to interfere with constable.   - State court judge cannot legally interfere with performance of duty by constable. 1971 Op. Att'y Gen. No. U71-44 (decided under former Code 1933, § 24-817).   Constable has no general duty to enforce criminal laws.   - Constable or a small claims court (now magistrate court) bailiff is not charged with the general duty of enforcing the criminal laws of this state. 1975 Op. Att'y Gen. No. U75-17 (decided under former Code 1933, § 24-817).    Constable may use marked automobile  that is equipped with colored light mounted on cab and a siren if the constable can do so without holding oneself out to the public as a county police officer. 1969 Op. Att'y Gen. No. 69-214 (decided under former Code 1933, § 24-817).    Constable failing to pay over any money coming into the constable's possession  may be ruled for contempt either in superior court or in the justice of peace court. 1952-53 Op. Att'y Gen. p. 33 (decided under former Code 1933, §§ 24-814 and 24-815).