reglab/housing_qa huggingface dataset:
GA Code § 45-8-20 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-20. Citation of Officer, Bank, or Depository to Show Cause; Service of Notice

 If it shall become known to the official or authority having jurisdiction to cite for accounting that a collecting officer or officer to hold public funds has been guilty of any default or breach of duty as to any tax, revenue, or public funds; or that any bank or depository in which any tax, revenue, or other public funds have been deposited has failed in business or has failed to pay over on demand any such fund so deposited with it, or, whether default is alleged or not, upon the surety on any bond of the kind dealt with in this chapter, whether of an officer, bank, or depository, filing with such official or authority having jurisdiction to cite for accounting a petition asking for the settlement of the accounts of such principal, it is the duty of such official or authority to cite such officer, bank, or depository and their sureties to come before the official or authority having jurisdiction over the accounting, on a day named, to make an accounting or settlement and to show cause why execution should not issue, if any default be found. Such official shall cause such citation to be served at least ten days before the hearing, unless such service be waived, or the respondents consent in writing to shorter notice. It is not necessary to issue or serve the citation or notice to or upon any principal or surety who has filed or has joined in filing the petition for citation, nor is it necessary personally to serve such citation upon any officer or other person who, by absconding, absence from the state, or otherwise, prevents personal service; but it is sufficient in such cases to perfect service by leaving a copy of the citation at the most notorious place of abode of such absconding or absent person.   (Ga. L. 1933, p. 78, § 9a; Code 1933, § 89-818.)   OPINIONS OF THE ATTORNEY GENERAL   Additional duties imposed on officials.   - Since the duty to comply with the deposit security law falls upon institutions under the supervision of the Department of Banking and Finance, the department is obligated to take whatever steps are necessary to ensure that violations are cured and not repeated. This obligation is in addition to the obligations imposed upon the Comptroller General and other officials by this section. 1979 Op. Att'y Gen. No. 79-12.
GA Code § 45-8-21 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-21. Right to Appear at Hearing

 Any citizen or taxpayer or any public body interested in the fund in question may appear and be heard before the official or authority at the time and place of hearing.   (Ga. L. 1933, p. 78, § 9b; Code 1933, § 89-819.)
GA Code § 45-8-22 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-22. Cited Official, Bank, or Depository to File Statement of Accounts; Preparation of Statement by Citing Official or Authority; Entry of Judgment or Order in Nature of Judgment; Settling Accounts

 At the time and place fixed for the hearing or at an adjournment or continuance thereof, the officer, bank, or depository cited shall file under oath a statement of accounts. If such officer, bank, or depository shall fail to submit such a statement, the citing official or county or municipal authority shall prepare one from the best information at hand. After giving opportunity to the parties at interest to be heard, the official or county or municipal authority shall proceed to render a judgment or order in the nature of a judgment in which, if no default is found, it shall be so stated; and, if default is found, it shall state the amount of the same and order execution to issue therefor.   (Ga. L. 1933, p. 78, § 9c; Code 1933, § 89-820; Ga. L. 1990, p. 8, § 45.)
GA Code § 45-8-23 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-23. Authority to Issue Subpoenas; Punishment for Contempt for Refusal to Obey

 Authority is conferred upon the official or county or municipal authority having jurisdiction in the matter to issue subpoenas and to compel the attendance of witnesses and production of books and documents on behalf of any party. If any person shall disobey any such subpoena or order to produce, the official or county or municipal authority shall certify the refusal to the judge of the superior court of the county where the hearing is held, who shall punish the offender as for contempt of the superior court.   (Ga. L. 1933, p. 78, § 9d; Code 1933, § 89-821; Ga. L. 1990, p. 8, § 45.)
GA Code § 45-8-24 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-24. Joinder of Parties in Proceedings for Accounting; Power of Authorities to Determine Liability

 In any proceeding for accounting under this chapter, there may be joined originally or by amendment, either before or after appeal, all such officers, depositories, banks, and securities on bonds of any of them as shall be necessary or proper for the full determination of any matter in controversy, and especially, but without limiting the generality of the foregoing, for determining the respective liabilities as between an officer and some other officer, between an officer and a bank or depository, between them or any of them and the sureties of any of them, or between sureties of any of them. The proper authority or any court which shall have acquired jurisdiction in any proceeding for accounting by appeal or otherwise shall have the jurisdiction to determine completely the respective liabilities of the parties as among themselves, as well as the liability of any officer, bank, or depository and the sureties, to the public body or bodies involved. The jurisdiction given in this chapter shall extend not only to the compelling of an officer and his sureties to account for taxes or other public money which he has in fact collected, but for money which it was his duty to collect and which, in the exercise of good faith and ordinary diligence, he should have collected; and such jurisdiction may be exercised against any public officer who has received or collected the money of any public body, whether or not it was a part of his official duty to receive it or collect it.   (Ga. L. 1933, p. 78, § 9i; Code 1933, § 89-826.)
GA Code § 45-8-25 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-25. Issuance of Execution Against Defaulting Officer, Bank, Depository, or Surety; Enforcement; Proceedings to Arrest Enforcement; Burden of Proof at Trial; Parties; Effect of Admission of Correctness by Defendant in Execution

 The official or county or municipal authority having jurisdiction to cite for accounting may, without issuing or serving a citation or notice, issue or cause to be issued an execution against any defaulting collecting officer, officer to hold public funds, or any bank or depository in which public funds have been deposited and the sureties on the bonds of any of them for default as to any of the matters as to which such officer, bank, depository, or surety might be cited, and for the amount of the loss sustained by the public body or public bodies alleged in such execution to be sustained through such default. Such execution shall be prima-facie evidence of the facts therein recited, including the amount of loss sustained, and shall be enforceable as an execution for said amount; provided, however, that the enforcement of such execution may be arrested by proceedings in equity, or, after levy, by affidavit of illegality in which the defendant in fi. fa. whose property has been levied on shall deny liability for the amount set out in such execution or some part thereof. The affidavit of illegality shall be returned by the levying officer to the superior court of the county in which the alleged defaulting officer resides. On the trial of the case, whether in equity or on affidavit of illegality, the burden of proof shall be on the official or authority issuing the execution. Any other person, corporation, or public body at interest may on his or its own motion or on motion of either party to the cause be made a party thereto and be bound by the final judgment. Such an execution shall become final process against any defendant in execution named therein who shall endorse thereon in writing his admission of the correctness of the same and an agreement that the same shall proceed against him as final process, but such admission shall not be binding on anyone except the person or corporation signing the same.   (Ga. L. 1933, p. 78, § 9g; Code 1933, § 89-824; Ga. L. 1990, p. 8, § 45.)
GA Code § 45-8-26 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-26. Action by Bond Obligee Before Citation or Execution

 Nothing in this chapter shall be construed as preventing the obligee in any bond of any collecting officer, officer to hold public funds, or any bank or depository in which public funds have been deposited from maintaining an action at law or in equity thereon when the official or county or municipal authority having jurisdiction to issue a citation has not begun a proceeding thereon by ordering a citation or execution to issue.   (Ga. L. 1933, p. 78, § 9h; Code 1933, § 89-825; Ga. L. 1990, p. 8, § 45.)
GA Code § 45-8-27 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-27. Procedure for Accounting When Officer Succeeds Himself

 When any officer to whom this chapter relates shall succeed himself in office or has been elected to succeed himself in office or has been elected to succeed himself in a subsequent term, such officer or the surety on his bond either for the current term or for the term which has or shall have expired, or for a term about to begin, may file with the official or the county or municipal authority having jurisdiction to cite for accounting a petition asking that an accounting be had as to the acts of such officer during the term which has ended or is about to end. Such official or county or municipal authority shall then cause a citation to issue and be served on the officer and the sureties on his bonds for both terms, except such of them as shall be party to or join in the petition; and such further proceedings shall be had as are provided for in Code Section 45-8-20 in cases of citation for accounting. In the order or judgment rendered by the official or county or municipal authority conducting the accounting, or, in case of appeal, in the judgment of the court, the condition of the accounts of such officers shall be stated as between the two terms and as between the sureties for the respective terms; and the order or judgment shall set the terms upon compliance with which the sureties on the bond for the expired or expiring term shall be discharged or liability as to taxes, revenues, and public moneys satisfied; and it shall also settle and determine between the sureties in the respective bonds the matters for which each is or may be liable.   (Ga. L. 1933, p. 78, § 9f; Code 1933, § 89-823; Ga. L. 1990, p. 8, § 45.)
GA Code § 45-8-28 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-28. Personal Representative of Insane or Deceased Officer as Party to Proceedings

 Whenever any of the officers with whom this chapter deals becomes non compos mentis or dies, the guardian or personal representative of such insane or deceased officer shall be a sufficient party to any proceeding in this chapter, in lieu of such insane or deceased officer.   (Ga. L. 1933, p. 78, § 16; Code 1933, § 89-837.)
GA Code § 45-8-29 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-29. Effect of Judgment or Execution as Lien; Transfer of Judgment or Execution; Enforcement by Transferee; Effect of Sale or Transfer of Assets by Bank to Innocent Purchaser for Value

 Any judgment or execution issued in pursuance of this chapter or in any action against the principal or surety upon any bond of any of the officers, banks, or depositories dealt with in this chapter shall have the effect of preserving and shall be a means of enforcing the liens created by the laws of this state, including this chapter, upon the property and assets of the principal and sureties on the bonds of officers and depositories and the assets of banks. Upon the payment of the amount of such judgment or execution by any surety or other person, either the official or county or municipal authority issuing the same or any officer authorized to levy the execution shall, at the request of the person or corporation making the payment, transfer the judgment or execution to such person or corporation or his or its order, and the transferee shall be entitled to enforce the same and the lien therein represented, provided that, in order to preserve the lien as against subsequent bona fide purchasers for value, the judgment or execution shall be entered on the general execution docket as if it were a common law execution. Any sale or transfer of any part of its assets by a bank to an innocent purchaser for value in the ordinary course of business prior to the institution of a proceeding against said bank, through which the lien may be preserved or enforced, shall pass to the purchaser or transferee such assets free from the lien created in this Code section.   (Ga. L. 1933, p. 78, § 15; Code 1933, § 89-836; Ga. L. 1990, p. 8, § 45.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, §§ 480, 495.   C.J.S.   - 67 C.J.S., Officers and Public Employees, § 295.
GA Code § 45-8-30 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-30. Release of Property of County Officers From State Lien - Authorization

 The judge of the probate court, sitting for county purposes, or the board of county commissioners, or such other county governing authority in this state has the discretionary power and authority to release a given portion of the property of a municipal or county treasurer, tax collector, or tax commissioner from the lien of the state or county or municipality in question against the property of such officers on their respective bonds.   (Ga. L. 1951, p. 751, § 1; Ga. L. 1990, p. 8, § 45.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 72 Am. Jur. 2d, State and Local Taxation, § 769 et seq.   C.J.S.   - 85 C.J.S., Taxation, § 1155.
GA Code § 45-8-31 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-31. Release of Property of County Officers From State Lien - Procedure Generally

 The officer desiring the release of a portion of his property shall file a petition in writing with the governing authority of the municipality or county in which he functions. The petition shall describe the property sought to be released and the reasons of the applicant for desiring the release, such as whether the applicant desires to sell the property or borrow money on the security thereof; and it shall give the name of the purchaser or the lender as the case may be. After consideration, the said governing authority may in its discretion grant the release in question, evidencing assent to the release by a writing in the nature of a release or quitclaim deed, to which a copy of the resolution or order of sanction shall be attached as a part thereof; or, after consideration, the application may in the discretion of said authority be rejected.   (Ga. L. 1951, p. 751, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 72 Am. Jur. 2d, State and Local Taxation, § 769 et seq.   C.J.S.   - 85 C.J.S., Taxation, § 1155.
GA Code § 45-8-32 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-32. Release of Property of County Officers From State Lien - Deadline to Consummate Proposed Sale or Loan

 In the event the release is granted, it is not incumbent upon the person named in the application as the purchaser or lender on the security of the property in question to inquire into the merits of the application; but the proposed sale or loan must be consummated within 60 days from the date of the authorization of the release, otherwise on the expiration of the sixtieth day it shall become void and ineffectual.   (Ga. L. 1951, p. 751, § 3.)
GA Code § 45-8-33 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-33. Effect of Chapter Upon Liability of Officers to Private Persons

 This chapter is not intended to affect any liability which any of the officers to whom this chapter is applicable may incur to any private person.   (Ga. L. 1933, p. 78, § 17; Code 1933, § 89-803.)
GA Code § 45-11-2 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 11 - Miscellaneous Offenses Concerning Public Officers and Employees|§ 45-11-2. Selling Office or Dividing Fees

 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.
GA Code § 45-11-3 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 11 - Miscellaneous Offenses Concerning Public Officers and Employees|§ 45-11-3. Assault Under Color of Office

 Any officer of this state who shall assault or beat any individual under color of his office or commission without a lawful justification to do so shall be guilty of a misdemeanor.   (Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, § 4371; Code 1868, § 4409; Code 1873, § 4477; Code 1882, § 4477; Penal Code 1895, § 284; Penal Code 1910, § 288; Code 1933, § 89-9906.)   Cross references.   - Prohibition of corporal punishment of inmates, § 42-5-58.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, §§ 369, 374.   C.J.S.   - 67 C.J.S., Officers and Public Employees, §§ 437, 445, 446.   ALR.   - What constitutes offense of official oppression, 83 A.L.R.2d 1007.   Right of peace officer to use deadly force in attempting to arrest fleeing felon, 83 A.L.R.3d 174.
GA Code § 45-11-5 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 11 - Miscellaneous Offenses Concerning Public Officers and Employees|§ 45-11-5. Extortion Generally

  As used in this Code section, the term "extortion" means an unlawful taking by a public officer, under color of his office, from any person of any money or thing of value that is not due to him or more than is due to him.   Any public officer who shall by himself, his deputy, his agent, or other person employed by him be guilty of extortion in demanding or receiving other and greater fees than by law are allowed him shall be guilty of a misdemeanor and shall be dismissed from office.    (Laws 1833, Cobb's 1851 Digest, p. 809; Code 1863, §§ 4393, 4394; Code 1868, §§ 4434, 4435; Code 1873, §§ 4507, 4508; Code 1882, §§ 4507, 4508; Penal Code 1895, §§ 298, 299; Penal Code 1910, §§ 302, 303; Code 1933, §§ 89-9909, 89-9910; Ga. L. 1990, p. 8, § 45.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extortion, Blackmail, and Threats, § 1 et seq.   C.J.S.   - 35 C.J.S., Extortion, §§ 1 et seq., 20.   ALR.    - Construction and scope as regards purpose or object for which funds are solicited or received, of statute prohibiting solicitation or acceptance of subscriptions or contributions by public officers or employees, 85 A.L.R. 1146.   What constitutes the taking of money or other thing of value under color of office, 70 A.L.R.3d 1153.   Truth as defense to state charge of criminal intimidation, extortion, blackmail, threats, and the like, based upon threats to disclose information about victim, 39 A.L.R.4th 1011.   Construction and application of § 2C1.1 of United States Sentencing Guidelines (18 USCS APPX § 2C1.1) pertaining to offenses involving public officials offering, giving, soliciting, or receiving bribes, or extortion under color of official right, 144 A.L.R. Fed. 615.
GA Code § 45-11-6 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 11 - Miscellaneous Offenses Concerning Public Officers and Employees|§ 45-11-6. Demanding More Than Legal Fees for Advertising

 Any judge of the probate court, sheriff, coroner, clerk, marshal, or other officer who shall receive, collect, or demand other and greater fees for any legal advertising than are provided by law shall be guilty of extortion as defined in Code Section 45-11-5 and shall be punished as provided in that Code section.   (Ga. L. 1878-79, p. 81, § 2; Code 1863, § 3634; Code 1868, § 3659; Code 1882, § 3704b; Penal Code 1895, § 303; Penal Code 1910, § 307; Code 1933, § 89-9911; Ga. L. 1990, p. 8, § 45.)   Cross references.   - Rates for legal advisements, § 9-13-143.   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extortion, Blackmail, and Threats, § 6 et seq.   C.J.S.   - 35 C.J.S., Extortion, §§ 5, 12.   ALR.   - Construction and application of § 2C1.1 of United States Sentencing Guidelines (18 USCS APPX § 2C1.1) pertaining to offenses involving public officials offering, giving, soliciting, or receiving bribes, or extortion under color of official right, 144 A.L.R. Fed. 615.
GA Code § 45-11-7 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 11 - Miscellaneous Offenses Concerning Public Officers and Employees|§ 45-11-7. Retaining Compensation for Legal Advertisements

 If any officer shall directly or indirectly demand or retain as a commission any part of the compensation allowed by law to publishers for publishing legal advertisements, he shall be guilty of extortion as defined in Code Section 45-11-5 and shall be punished as provided in that Code section.   (Ga. L. 1878-79, p. 81, § 14; Code 1882, § 3704d; Penal Code 1895, § 304; Penal Code 1910, § 308; Code 1933, § 89-9912.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Extortion, Blackmail, and Threats, § 6 et seq.   C.J.S.   - 35 C.J.S., Extortion, §§ 5, 12.   ALR.   - Construction and application of § 2C1.1 of United States Sentencing Guidelines (18 USCS APPX § 2C1.1) pertaining to offenses involving public officials offering, giving, soliciting, or receiving bribes, or extortion under color of official right, 144 A.L.R. Fed. 615.