reglab/housing_qa huggingface dataset:
GA Code § 15-6-64 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-64. Duty to Give Notice to Purchasers of Real Property in Certain Counties

 Reserved. Repealed by Ga. L. 1994, p. 237, § 2, effective July 1, 1994.   Editor's notes.   - This Code section was based on Code 1933, § 24-2714.1, enacted by Ga. L. 1974, p. 516, § 1; Ga. L. 1981, p. 546, § 1; Ga. L. 1982, p. 2107, § 6.
GA Code § 15-6-65 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-65. Entry of Civil Cases on Dockets; Order for Trial

 All civil cases pending in the superior court shall be entered by the clerk thereof on the civil docket as provided in Code Section 15-6-61 and shall stand for trial in the order in which they came into court except as otherwise provided by law.   (Laws 1799, Cobb's 1851 Digest, p. 573; Laws 1807, Cobb's 1851 Digest, p. 199; Laws 1810, Cobb's 1851 Digest, p. 577; Laws 1850, Cobb's 1851 Digest, p. 455; Code 1863, § 262; Code 1868, § 256; Code 1873, § 267; Code 1882, § 267; Ga. L. 1882-83, p. 55, § 1; Civil Code 1895, § 4360; Civil Code 1910, § 4891; Code 1933, § 24-2714; Ga. L. 1989, p. 395, § 2.)
GA Code § 15-6-66 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-66. Grantor-Grantee Index

  The clerk of superior court shall provide at the expense of each county a suitable duplex index book, or a series of books, or a card index, or a microfilm record, an electronic data base, or an electronic, computer-based document management system, or any combination of one or more of such systems, in which shall be indexed the name of the grantor and grantee of every instrument recorded pursuant to subparagraph (a)(4)(C) of Code Section 15-6-61. Such index shall include the character of the instrument, the book or location of the record, and the date of filing.   The name of the grantor listed in the index shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was executed by the owner or by some other person, firm, or corporation on behalf of such owner, and whether or not such owner is deceased.   The clerk of the superior court shall employ the methods provided for in paragraph (15) of subsection (a) of Code Section 15-6-61 in the creation, management, transmission, printing, and revision of the indexes provided for in this Code section. Compliance with such methods and with the rules and regulations relating to indexing established by the Georgia Superior Court Clerks' Cooperative Authority shall not expose the clerk of the superior court to new or additional liability relating to such indexes.   This Code section shall not apply to transactions covered by Article 9 of Title 11.    (Ga. L. 1887, p. 53, § 1; Civil Code 1895, § 4361; Civil Code 1910, § 4892; Code 1933, § 24-2715; Ga. L. 1961, p. 116, § 1; Ga. L. 1963, p. 188, § 39; Ga. L. 1964, p. 412, § 1; Ga. L. 1989, p. 395, § 3; Ga. L. 1997, p. 565, § 3; Ga. L. 2004, p. 631, § 15; Ga. L. 2012, p. 173, § 1-12/HB 665.)   Cross references.   - Recording and registration of deeds and other instruments generally, § 44-2-1 et seq.   JUDICIAL DECISIONS    Cited in Leeds Bldg. Prods., Inc. v. Sears Mtg. Corp., 267 Ga. 300, 477 S.E.2d 565 (1996).
GA Code § 15-6-68 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-68. Public Access to Maps, Plats, and Plans

  The clerk of each superior court shall provide books, binders, or any other alternative system, either manual or electronic, for providing public access to maps, plats, and plans.   The clerk of superior court shall provide an electronic, computer-based indexing system in which shall be indexed all maps, subdivision plats, condominium plats, and other plats, condominium site plans, condominium plot plans, and condominium floor plans under the caption or name of the subdivision, if any, under the name of the owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the state which has been surveyed into land lots and districts.   In counties of this state that are divided into land lots, the clerk of superior court shall provide an electronic, computer-based system for maintaining and searching a record for each land lot and land district by listing all surveys made for each lot and where they are recorded.   The clerk shall electronically note the filing date, book, and page numbers on the image and shall electronically transmit a copy of the map, plat, or plan with such filing information to the e-mail address of the person filing the same for record.    (Ga. L. 1933, p. 193, § 2; Code 1933, § 24-2717; Ga. L. 1961, p. 105, § 1; Ga. L. 1962, p. 632, § 1; Ga. L. 1978, p. 1616, § 2; Ga. L. 1989, p. 395, § 4; Ga. L. 2012, p. 173, § 1-14/HB 665; Ga. L. 2016, p. 193, § 2/HB 1004; Ga. L. 2018, p. 1112, § 15/SB 365.)    The 2018 amendment,  effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (d).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarities of the statutory provisions, opinions under former Code Section 15-6-68 are included in the annotations of this Code section.   Maximum size of plat not limited by section.    - Former Code 1933, §§ 24-2716 through 24-2719 (see now O.C.G.A. §§ 15-6-67 through15-6-69) did not prescribe a maximum uniform size of plat to be filed with the clerks of superior courts of this state which did not use microfilming procedures for the recording of plats, and the only maximum limitation on the size of plats was that the plats must be capable of being recorded in binders provided by the clerk of court without being folded in any way. 1978 Op. Att'y Gen. No. 78-80.
GA Code § 15-6-69 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-69. Effect of Map and Plat Recordation Requirements

  Failure to meet the requirements of Code Sections 15-6-67 and 15-6-68 or the recording of an improper plat by the clerk shall not, in and of itself, affect or invalidate any legal description or legal instrument based on such plat.   Nothing in Code Sections 15-6-67 and 15-6-68 shall be deemed to invalidate any map or plat made prior to July 1, 1978, nor shall anything in those Code sections be deemed to require the clerk of the court to prepare or maintain a record of each individual land lot for any plat of survey recorded in the clerk's office prior to July 1, 1978.    (Ga. L. 1933, p. 193, §§ 3, 4; Code 1933, §§ 24-2718, 24-2719; Ga. L. 1961, p. 105, § 1; Ga. L. 1962, p. 632, § 1; Ga. L. 1978, p. 1616, §§ 4, 5.)   OPINIONS OF THE ATTORNEY GENERAL   Clerks not authorized to record photocopies of plats.    - Clerks of superior courts are not authorized under O.C.G.A. § 15-6-67, O.C.G.A. § 15-6-68, or O.C.G.A. § 15-6-69 to record photocopies of plats, although such a recording will not affect or invalidate any legal description or legal instrument based on such plat. 1989 Op. Att'y Gen. No. U89-4.   Maximum size of plat not limited by section.    - Former Code 1933, §§ 24-2716 through 24-2719 (see now O.C.G.A. §§ 15-6-67 through15-6-69) did not prescribe a maximum uniform size of plat to be filed with the clerks of superior courts of this state which did not use microfilming procedures for the recording of plats, and the only maximum limitation on the size of plats was that the plats must be capable of being recorded in binders provided by the clerk of court without being folded in any way. 1978 Op. Att'y Gen. No. 78-80.   Plats reduced in size are acceptable.    - Clerks of superior courts may accept for recording plats which have been reduced in size if the plats comply with the requirements of O.C.G.A. § 15-6-69. 1989 Op. Att'y Gen. No. U89-4.
GA Code § 15-6-70 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-70. Recordation of Bankruptcy Petition, Decree, or Order; Fees

 A certified copy of a petition, with schedules omitted, commencing a proceeding under the bankruptcy law of the United States, of the decree of adjudication in the proceeding, or of the order approving the bond of the trustee appointed in the proceeding may be filed and recorded in the office of the clerk of the superior court of any county in the same manner as deeds. It shall be the duty of the clerks to docket and index such certified copies under the name of the bankrupt and to record the certified copies filed for record in the same manner as deeds. Clerks shall be entitled to the same fees for docketing, indexing, and recording the copies as for docketing, indexing, and recording deeds.   (Ga. L. 1939, p. 242, § 1.)
GA Code § 15-6-71 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-71. Record of Sex Criminal Convictions; Furnishing Record to Georgia Bureau of Investigation

 Reserved. Repealed by Ga. L. 1988, p. 893, § 1, effective April 5, 1988.   Editor's notes.   - This Code section was based on Ga. L. 1956, p. 677, § 1.
GA Code § 15-6-73 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-73. Destruction of Obsolete Records

  Clerks of superior court shall be authorized, from time to time, to destroy books containing records of instruments conveying personal property only, including bills of sale, mortgages, conditional sales contracts, retention title contracts, and bills of sale to secure debt, whenever the records are older than five years of age.   Every clerk of superior court shall be, from time to time, authorized to destroy original civil pleadings which have been recorded in the minutes or writ books of the court in every civil case which has been finally terminated for 20 years or more, except cases involving divorce, titles to land, legitimation of a child or children, and proceedings for adoption.    (Ga. L. 1962, p. 662, § 1; Ga. L. 2012, p. 173, § 1-15/HB 665.)   OPINIONS OF THE ATTORNEY GENERAL    Georgia law does not provide for destruction of any records or papers except those expressly mentioned in Ga. L. 1962, p. 662, § 1 (see now O.C.G.A. § 15-6-73). 1967 Op. Att'y Gen. No. 67-202.
GA Code § 15-6-74 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-74. Preservation of Newspapers Containing Advertisements

  The clerk of superior court is required to procure and preserve for public inspection a complete file of all newspaper issues in which legal advertisements are published.   The issues of the newspapers so preserved shall be bound, microfilmed, photographed, or digitally imaged in a format approved by the clerk and such newspapers, microfilm, photographs, or copies thereof shall be maintained and made available to the public for a period of not less than 50 years, after which time the newspapers, microfilm, photographs, or copies thereof shall be preserved for historical purposes in electronic or micrographic format.   The clerk of superior court is authorized to enter into an agreement with either the judge of the probate court or the sheriff of the county, or both, relative to the binding, retention, microfilming, photographing, or digital imaging of the newspapers and their preservation and retention, in which event it shall be necessary that only one set of newspapers or copies thereof shall be retained in the county courthouse. Such set of newspapers or copies thereof shall include copies of the newspaper issues in which the clerk's advertisements appear and the newspaper issues in which the advertisements which the judge of the probate court or the sheriff, or both, are required to preserve and retain appear. The agreement shall specify the person who shall maintain and preserve the newspapers, microfilm, photographs, or digital copies.   Upon the request of a clerk of superior court, any journal or newspaper declared, made, or maintained as the official organ of any county for the publication of sheriff's sales, citations of probate court judges, or any other advertising commonly known in terms of "official or legal advertising" shall provide to the clerk of superior court copies of such journal or newspaper containing legal advertisements, in digital format, as required by the clerk, when the clerk shall be required to comply with provisions of subsection (a) or (b) of this Code section. The copies shall be provided to the clerk, the judge of the probate court, and the sheriff by January 31 of the year following the year in which the newspaper served as the official legal organ of the county. The ability of a journal or newspaper to provide copies digitally or electronically may be a qualification by the clerk of superior court, the probate judge, and the sheriff in designating a journal or newspaper as the official legal organ of the county.    (Civil Code 1895, § 4361; Civil Code 1910, § 4892; Code 1933, § 24-2715; Ga. L. 1974, p. 383, § 2; Ga. L. 2012, p. 173, § 1-16/HB 665.)
GA Code § 15-6-75 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-75. Investment of Certain Funds; Disposition of Income; Repeal of Code Section

 Reserved. Repealed by Ga. L. 1993, p. 982, § 1, effective July 1, 1994.   Editor's notes.   - This Code section was based on Ga. L. 1970, p. 599, §§ 1, 2; Ga. L. 1976, p. 976, § 1; Ga. L. 1993, p. 982, § 1.   Ga. L. 2008, p. 324, § 15/SB 455, reserved the designation of this Code section, effective May 12, 2008.
GA Code § 15-6-76 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-76. Deposit of Funds in Interest-Bearing Account; Repeal of Code Section

 Reserved. Repealed by Ga. L. 1993, p. 982, § 2, effective July 1, 1994.   Editor's notes.   - This Code section was based on Ga. L. 1978, p. 1704, § 1; Ga. L. 1993, p. 982, § 2.   Ga. L. 2008, p. 324, § 15/SB 455, reserved the designation of this Code section, effective May 12, 2008.
GA Code § 15-6-77.1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-77.1. Additional Fees in Counties With Populations of 550,000 or More; Disposition of Such Fees

 Repealed by Ga. L. 2019, p. 683, § 3/HB 288, effective January 1, 2020.   Editor's notes.   - This Code section was based on Ga. L. 1975, p. 1150, § 1; Ga. L. 1979, p. 507, § 1; Code 1981, § 15-6-77.1, enacted by Ga. L. 1982, p. 2107, § 7; Ga. L. 2001, p. 4, § 15.
GA Code § 15-6-77.2 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-77.2. Costs for Clerk's Services in Counties With Populations of 640,000 or More; Time for Payment of Costs; Disposition of Such Costs

 Repealed by Ga. L. 2019, p. 683, § 4/HB 288, effective January 1, 2020.   Editor's notes.   - This Code section was based on Ga. L. 1979, p. 507, § 2; Ga. L. 1981, p. 532, § 1; Code 1981, § 15-6-77.2, enacted by Ga. L. 1982, p. 2107, § 7; Ga. L. 1984, p. 500, § 1; Ga. L. 1992, p. 2046, § 1.
GA Code § 15-6-77.3 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-77.3. Additional Fees in Counties With Populations in Unincorporated Areas of 350,000 or More

 Repealed by Ga. L. 2019, p. 683, § 5/HB 288, effective January 1, 2020.   Editor's notes.   - This Code section was based on Ga. L. 1984, p. 617, § 1; Ga. L. 1988, p. 13, § 15; Ga. L. 2001, p. 362, § 28; Ga. L. 2010, p. 579, § 11/SB 131.
GA Code § 15-6-77.4 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-77.4. Additional Divorce Case Filing Fee for Children's Trust Fund

  In addition to any fees required in Code Sections 15-6-77 and 47-14-51, for filing each divorce case, the clerk of superior court shall charge an additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.   When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount.   The sums provided for in this Code section shall be collected in accordance with the provision of subsection (b) of Code Section 15-6-77.     (Code 1981, §15-6-77.4, enacted by Ga. L. 1987, p. 1133, § 2; Ga. L. 1988, p. 13, § 15; Ga. L. 1991, p. 1324, § 2; Ga. L. 2004, Ex. Sess., p. ES3, § 1/HB 1EX; Ga. L. 2008, p. VO1, § 1-3/HB 529; Ga. L. 2014, p. 866, § 15/SB 340; Ga. L. 2019, p. 683, § 6/HB 288.)    The 2019 amendment,  effective January 1, 2020, deleted ", 15-6-77.2, 15-6-77.3," following "15-6-77" in the first sentence of subsection (a).   Cross references.   - Designating amount of additional divorce case filing fees for Children's Trust Fund, § 19-14-21.   Editor's notes.   - Ga. L. 1987, p. 1133, § 6, not codified by the General Assembly, repeals this Code section effective July 1, 1995.   Ga. L. 1994, p. 509, § 8, not codified by the General Assembly, amends Ga. L. 1987, p. 1133, § 6, to change the date of repeal from July 1, 1995, to July 1, 2000.   Ga. L. 1999, p. 520, § 1, not codified by the General Assembly, amends Ga. L. 1987, p. 1133, § 6, to change the date of repeal from July 1, 2000, to July 1, 2010.   Ga. L. 2008, p. 568, § 14/HB 1054, not codified by the General Assembly, repealed Ga. L. 1987, p. 1133, § 6, as amended, so as to eliminate the July 1, 2010 repeal of this Code section.   Law reviews.   - For article, "2019 Legislative Review,” see 24 Ga. St. B.J. 28 (June 2019).
GA Code § 15-6-78 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-78. Veterans Not to Be Charged for Recordation of Discharge Certificates

  All clerks of the superior courts are prohibited from charging any veteran a fee for recording his discharge certificate pursuant to Code Section 15-6-72.   In all counties where the clerk of a superior court is exclusively on a fee basis, the clerk shall be paid the sum of $1.50 for each discharge certificate recorded by him. This sum is to be paid out of the county treasury by the proper county fiscal authority on the first day of each month, based on the number of discharge certificates filed and recorded by the clerk during the preceding month.    (Ga. L. 1947, p. 1177, §§ 1, 3; Ga. L. 1953, Jan.-Feb. Sess., p. 32, § 1; Ga. L. 1968, p. 1201, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Veteran liable for costs of certified copies.   - County is authorized to pay only for the recording of the discharge; if the clerk issues any certified copies of the recorded discharge to the veteran, the clerk is authorized to charge the usual fee for such service, payable by the veteran. 1948-49 Op. Att'y Gen. p. 423.
GA Code § 15-6-79 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-79. Payment of Unpaid Costs in Felony Cases

 Reserved. Repealed by Ga. L. 2012, p. 173, § 1-17/HB 665, effective July 1, 2012.   Editor's notes.   - This Code section was based on Ga. L. 1950, p. 175, § 1.
GA Code § 15-6-81 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-81. Failure to Perform Duty Punishable as Contempt

 Any clerk of the superior court who fails to perform any duty or to exercise any authority set forth in this article is subject to be fined for each offense by the presiding judge as for a contempt of court, on information of any party aggrieved, of which the clerk shall have notice in writing.   (Orig. Code 1863, § 264; Code 1868, § 258; Code 1873, § 269; Code 1882, § 269; Civil Code 1895, § 4363; Civil Code 1910, § 4894; Code 1933, § 24-2721.)   Cross references.   - Exercise of contempt power generally, § 15-1-4.   JUDICIAL DECISIONS    Failure of clerk to file drainage maps deposited with clerk constitutes contempt. Board of Drainage Comm'rs v. Brown, 155 Ga. 419, 117 S.E. 236 (1923).    Cited in McDonald v. Wimpy, 204 Ga. 617, 50 S.E.2d 347 (1948).   OPINIONS OF THE ATTORNEY GENERAL    If clerk failed to publish notice pursuant to Ga. L. 1959, p. 424, §§ 1 and 2 (see now O.C.G.A. § 15-12-81), the clerk is responsible for negligence under former Code 1933, § 24-2721 (see now O.C.G.A. § 15-6-81). 1963-65 Op. Att'y Gen. p. 107.    Clerk who is on salary basis must collect indexing fee prescribed by former Code 1933, § 39-705 (see now O.C.G.A. § 9-12-94); any failure to collect such fee and make proper disposition of the money could subject the clerk to a fine under former Code 1933, § 24-2721 (see now O.C.G.A. § 15-6-81). 1970 Op. Att'y Gen. No U70-171.   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Clerks of Court, §§ 30, 31.   C.J.S.   - 21 C.J.S., Courts, § 343.   ALR.    - Refusal or failure of clerk of court to comply with direction of court or judge upon ground of its invalidity or supposed invalidity as contempt, 119 A.L.R. 1380.
GA Code § 15-6-83 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-83. Clerk's Liability

 If any of the clerks of the superior courts receive any money on any action or judgment from their courts, or otherwise, and do not faithfully account for it, they are liable to rule as sheriffs are, and they and their sureties are likewise liable on their official bonds.   (Orig. Code 1863, § 265; Code 1868, § 259; Code 1873, § 270; Code 1882, § 270; Civil Code 1895, § 4364; Civil Code 1910, § 4895; Code 1933, § 24-2722.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Clerks of Court, § 33.   C.J.S.   - 21 C.J.S., Courts, §§ 339, 342.
GA Code § 15-6-84 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-84. Clerk's Liability After Retirement

 The clerks of the superior courts are subject to the rule and order of their respective courts after their retirement from office, as sheriffs are.   (Laws 1813, Cobb's 1851 Digest, p. 202; Code 1863, § 266; Code 1868, § 260; Code 1873, § 271; Code 1882, § 271; Civil Code 1895, § 4365; Civil Code 1910, § 4896; Code 1933, § 24-2723.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Clerks of Court, § 40.
GA Code § 15-6-85 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 2 - Clerks of Superior Courts|§ 15-6-85. Clerks' Offices Subject to Grand Jury Examination; Written Report

 Reserved. Repealed by Ga. L. 1994, p. 607, § 1, effective July 1, 1994.   Editor's notes.   - This Code section was based on Orig. Code 1863, § 268; Code 1868, § 262; Code 1873, § 273; Code 1882, § 273; Civil Code 1895, § 4367; Civil Code 1910, § 4898; Code 1933, § 24-2725.