reglab/housing_qa huggingface dataset:
GA Code § 36-8-3 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 8 - County Police|§ 36-8-3. Bonds and Actions Thereon

 Upon the election of county police, each of them shall enter into a good and solvent bond, in a sum of not less than $1,000.00, to be fixed by the county governing authority, conditioned for the faithful performance of all their duties. Anyone injured or damaged by any one of such county police may bring an action upon his bond in his name or in the name of the county governing authority for his benefit or use.   (Ga. L. 1909, p. 156, § 6; Civil Code 1910, § 854; Ga. L. 1914, p. 142, § 6; Code 1933, § 23-1406.)   Law reviews.   - For article on bond liability and righting the wrongs of Georgia local government officers, see 13 Ga. L. Rev. 747 (1979).   JUDICIAL DECISIONS   No change in general law.    - Nothing in this chapter (especially Ga. L. 1914, p. 142, § 6 (see now O.C.G.A. § 36-8-3)), which authorizes the appointment of county police officers, insofar as the statute may undertake to fix the liability of the sureties upon a county officer's bond, changes the general law as contained in former Civil Code 1910, § 291 (see now O.C.G.A. § 45-4-24). Hodge v. United States Fid. & Guar. Co., 42 Ga. App. 84, 155 S.E. 95 (1930).   Bond refers only to official duties.    - Bond required of a county police officer, wherein it is conditioned for the faithful performance by the officer of the officer's duties, has reference only to those duties which are incident to the office of county police officer, and not to those general duties incumbent upon every person as a member of society. Hodge v. United States Fid. & Guar. Co., 42 Ga. App. 84, 155 S.E. 95 (1930).    Cited in Levine v. Perry, 204 Ga. 323, 49 S.E.2d 820 (1948).   RESEARCH REFERENCES   Am. Jur. 2d.   - 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 15.   C.J.S.   - 20 C.J.S., Counties, § 160.   ALR.    - Right of individual to maintain action on bond of peace officer, 19 A.L.R. 73.    Liability on bond of sheriff or other peace officer for unlawful search, 62 A.L.R. 855.
GA Code § 36-8-4 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 8 - County Police|§ 36-8-4. Establishment of Salaries; Payment; Tax Levy

 The county governing authority shall fix the salaries of the county police, which salaries, together with the expense of maintaining the police, shall be paid out of the county treasury. The county governing authority is authorized to levy such tax as may be necessary to pay such salaries and expenses over and above the sums for which it is otherwise authorized to levy a tax.   (Ga. L. 1909, p. 156, § 2; Civil Code 1910, § 850; Ga. L. 1914, p. 142, § 2; Code 1933, § 23-1402.)   Cross references.   - Authority of counties to exercise power of taxation, Ga. Const. 1983, Art. IX, Sec. IV, Paras. I-III.   JUDICIAL DECISIONS   Commission from still destruction unauthorized.    - The ordinary (now judge of the probate court) is without authority to appoint a police officer under an agreement by which the police officer is to be paid for work done in enforcing the prohibition law by destroying stills, and for which the police officer is to be paid so much for each still destroyed, to be paid out of the funds derived by fines and forfeitures from the enforcement of the prohibition law. If such work or service is rendered under a contract which the ordinary (now judge of the probate court) is not authorized to make, no implied obligation arises on the part of the county to pay for such services, even though the county receives the benefit. Eison v. Shirley, 165 Ga. 374, 141 S.E. 295 (1927).   Receipt of salary no bar to action for share of fees.    - Fact that officer making seizure of an automobile engaged in the illegal transportation of intoxicating liquors received a salary does not preclude the officer from receiving the officer's part of fees provided by statute for officers responsible for confiscation of such automobiles. Cloud v. DeKalb County, 70 Ga. App. 777, 29 S.E.2d 441 (1944).    Cited in Levine v. Perry, 204 Ga. 323, 49 S.E.2d 820 (1948).   RESEARCH REFERENCES   Am. Jur. 2d.   - 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 41 et seq.
GA Code § 36-8-5 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 8 - County Police|§ 36-8-5. Powers of County Police Generally

 Under the direction and control of the county governing authority, the county police shall have:    The same power to make arrests and to execute and return criminal warrants and processes in the county of their election or appointment only, as sheriffs have; and   All the powers of sheriffs as peace officers in the county of their election or appointment.    (Ga. L. 1909, p. 156, § 3; Civil Code 1910, § 851; Ga. L. 1914, p. 142, § 3; Code 1933, § 23-1403; Ga. L. 1961, p. 217, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Powers of arrest.   - Arresting powers of county police are confined to the county of appointment or election. 1960-61 Op. Att'y Gen. p. 62.   Power to arrest on state property.   - Within the limits of their respective territorial or statutory jurisdiction, local law enforcement authorities may arrest offenders upon state property for violations of state laws, including property under the jurisdiction of the Georgia Building Authority Police. 1992 Op. Att'y Gen. No. 92-6.   Power to return prisoner from outside county.    - County police under former Code 1933, § 23-1403 (see now O.C.G.A. § 36-8-5) were authorized to go from the county of appointment to another county within the limits of the state to receive a prisoner who was under arrest and detention and return such prisoner to the county of appointment, according to former Code 1933, § 27-209 (see now O.C.G.A. § 17-4-25). 1958-59 Op. Att'y Gen. p. 73.   Misdemeanor cases.   - County police officer has the same authority as the sheriff in those cases once the defendant is arrested under a warrant charging a misdemeanor, so long as the prisoner is in the police officer's custody; if the county police officer turns the prisoner over to the sheriff without bail, it would thereafter be the responsibility of the sheriff to accept bail. 1962 Op. Att'y Gen. p. 63.   RESEARCH REFERENCES   Am. Jur. 2d.   - 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 31 et seq.   C.J.S.   - 20 C.J.S., Counties, §§ 196, 207.   ALR.    - Degree of force that may be employed in arresting one charged with a misdemeanor, 42 A.L.R. 1200.
GA Code § 36-8-6 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 8 - County Police|§ 36-8-6. Abolishment of County Police Departments

  After a county police department is created pursuant to this chapter, it may be abolished by:   A local Act of the General Assembly; or   A resolution of the governing authority of the county.     A local Act or resolution of the county governing authority to abolish a county police department pursuant to subsection (a) of this Code section shall be conditioned upon approval of such local Act or resolution of the county governing authority by the electors of the county voting in a referendum.   If such local Act or resolution of the county governing authority is approved by the electors of the county, the county police department shall be abolished 180 days following such referendum. At such time, all property, equipment, records, documents, funds, and other items in the possession or control of the county police department shall be transferred to the sheriff of the county.   This Code section shall be repealed by operation of law on January 1, 2022.     (Code 1981, §36-8-6, enacted by Ga. L. 2020, p. 912, § 1/SB 38.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2020, "Code section" was substituted for "Act" in subsection (d).   Editor's notes.   - Ga. L. 2012, p. 775, § 36/HB 942, reserved the designation of this Code section, effective July 1, 2012.   This Code section formerly pertained to inspection of and reports on roads and bridges. The former Code section was based on Ga. L. 1909, p. 156, § 4; Civil Code 1910, § 852; Ga. L. 1914, p. 142, § 4; Code 1933, § 23-1404, and was repealed by Ga. L. 2005, p. 529, § 1/HB 557, effective May 1, 2005, and was reserved by Ga. L. 2012, p. 775, § 36/HB 942, effective July 1, 2012.
GA Code § 36-8-7 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 8 - County Police|§ 36-8-7. Rules and Regulations for Conduct, Management, and Control of County Police

 Upon the election or appointment of county police, the county governing authority shall make rules and regulations for the conduct, management, and control of such county police and shall, from time to time, enlarge, modify, or change such rules and regulations as its discretion may dictate.   (Ga. L. 1909, p. 156, § 5; Civil Code 1910, § 853; Ga. L. 1914, p. 142, § 5; Code 1933, § 23-1405.)   RESEARCH REFERENCES   ALR.   - Sexual misconduct or irregularity as amounting to "conduct unbecoming an officer," justifying officer's demotion or removal or suspension from duty, 9 A.L.R.4th 614.
GA Code § 36-9-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 9 - County Property Generally|§ 36-9-1. Vesting in County of Title Under Conveyances for Use of County

 All deeds, conveyances, grants, or other instruments which have been or may be made to any officer or person for the use and benefit of any county shall vest in the county the title as fully as if made to the county by name.   (Orig. Code 1863, § 466; Code 1868, § 528; Code 1873, § 494; Code 1882, § 494; Civil Code 1895, § 347; Civil Code 1910, § 395; Code 1933, § 91-601.)   OPINIONS OF THE ATTORNEY GENERAL   Property of county boards of education.    - Former Code 1933, §§ 91-601 and 91-102 et seq. (see now O.C.G.A. §§ 36-9-1 and50-16-1 et seq.) were not applicable to property belonging to county boards of education. 1958-59 Op. Att'y Gen. p. 107.   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 470.   C.J.S.   - 20 C.J.S., Counties, § 219.
GA Code § 36-9-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 9 - County Property Generally|§ 36-9-2. Control and Disposal of County Property Generally

 The county governing authority shall have the control of all property belonging to the county and may, by order entered on its minutes, direct the disposal of any real property which may lawfully be disposed of and make and execute good and sufficient title thereof on behalf of the county.   (Orig. Code 1863, § 467; Code 1868, § 529; Code 1873, § 495; Code 1882, § 495; Civil Code 1895, § 348; Civil Code 1910, § 396; Code 1933, § 91-602; Ga. L. 1935, p. 110, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Ability of county commissioners to lease county property.   - See 1977 Op. Att'y Gen. No. U77-3.   Permit to build sewer across street.   - County commissioners may grant to a private corporation a permit to construct a sewer across a street dedicated to the county. 1970 Op. Att'y Gen. No. U70-36.   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 485 et seq.   C.J.S.   - 20 C.J.S., Counties, § 223 et seq.
GA Code § 36-9-2.1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 9 - County Property Generally|§ 36-9-2.1. Demolition of Certain County Courthouses

  Notwithstanding the provisions of Code Section 36-9-2, a county governing authority shall not have the authority to demolish or to provide for the demolition of a county courthouse which was constructed prior to January 1, 1905, and which is listed in the National Register of Historic Places unless the question of whether or not to demolish the courthouse is submitted to the qualified voters of the county for approval or rejection in a referendum called for such purpose.    (b) The ballot in the referendum required by subsection (a) of this Code section shall have written or printed thereon the words:   "( ) YES Shall the demolition of the (  Name of County  ) courthouse, as proposed by the governing authority of (  Name of County  ), be approved?" ( ) NO   A referendum held pursuant to this Code section shall be conducted only in conjunction with a general primary or general election and shall be conducted in accordance with the provisions of Chapter 2 of Title 21, the "Georgia Election Code."    (Code 1981, §36-9-2.1, enacted by Ga. L. 1990, p. 133, § 1.)
GA Code § 36-9-4 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 9 - County Property Generally|§ 36-9-4. Maintenance of Insurance on Books of Laws and Court Reports

 The officer having charge of the financial affairs of each county shall keep insured, at a fair valuation against loss by fire, all volumes of the public laws and decisions of the Supreme Court and the Court of Appeals which have been furnished to the judge of the probate court and the clerk of the superior court of his county. Such policies of insurance shall be in the name of the county. The premiums therefor shall be paid out of the funds of the county. In the event of any loss or damage by fire, the county governing authority shall proceed to collect the amount of loss on the policy; when so collected, the proceeds thereof shall be used in supplying new books of the kind lost or injured, insofar as the proceeds may be sufficient to do so.   (Ga. L. 1882-83, p. 132, §§ 1, 2; Civil Code 1895, §§ 349, 350; Civil Code 1910, §§ 397, 398; Code 1933, §§ 91-603, 91-604.)   Cross references.   - Property insurance, T. 33, C. 32.   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 484.
GA Code § 36-9-6 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 9 - County Property Generally|§ 36-9-6. Courthouse Rooms to Be Used by County Officers

 The county governing authority shall designate the rooms in the courthouse to be occupied by each of the county officers and enter the same on its minutes, which it may change from time to time as convenience may require.   (Orig. Code 1863, § 470; Code 1868, § 532; Code 1873, § 498; Code 1882, § 498; Civil Code 1895, § 353; Civil Code 1910, § 401; Code 1933, § 91-703.)   OPINIONS OF THE ATTORNEY GENERAL   Judges' and clerks' offices at courthouse.   - Judges of the probate courts and clerks of the superior courts, being constitutional county officers, have a right to maintain their offices in the county courthouse, unless special circumstances make it impractical for the judges and clerks to be located there. 1978 Op. Att'y Gen. No. 78-15.
GA Code § 36-9-7 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 9 - County Property Generally|§ 36-9-7. Furnishing of Supplies for County Offices

 It shall be the duty of the county governing authority to furnish fuel, lights, furniture, stationery, records, and office supplies in general for the different county offices of the county, at the expense of the county, provided that this Code section shall apply only to the offices of the officers in the courthouse in the county.   (Ga. L. 1901, p. 62, § 1; Civil Code 1910, § 402; Code 1933, § 91-704.)   OPINIONS OF THE ATTORNEY GENERAL   County officers generally.   - County officer having an office in the courthouse is entitled to have all office supplies and equipment reasonably necessary to maintain an office in a modern up-to-date manner, corresponding with officers of similar character responsible for a like amount of work. 1958-59 Op. Att'y Gen. p. 39.   County governing authority is required to furnish county officials with supplies for their offices. 1960-61 Op. Att'y Gen. p. 68.   Board of education.   - It is the responsibility of the county to furnish the offices of the county board of education so long as those officers remain in the courthouse. 1963-65 Op. Att'y Gen. p. 492.   School superintendent.   - When a county has provided the county's school superintendent with an office in the county courthouse, the county is required to furnish and equip such office. 1963-65 Op. Att'y Gen. p. 669.   Jail.   - County is responsible for keeping and cleaning the jail and for paying for the labor and materials used in such maintenance. 1967 Op. Att'y Gen. No. 67-261.   Costs of forms provided.   - County commissioners must bear the cost of printed forms used in recording mortgages. 1948-49 Op. Att'y Gen. p. 39.   Remedy of mandamus.   - Proper procedure for a refusal to comply with this section would be by writ of mandamus. 1958-59 Op. Att'y Gen. p. 39.   RESEARCH REFERENCES   C.J.S.   - 20 C.J.S., Counties, § 260.
GA Code § 36-9-8 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 9 - County Property Generally|§ 36-9-8. Protection of County Property by Sheriff

 The public grounds and other county property are placed in the keeping of the sheriff of the county, subject to the order of the county governing authority; and it is his or her duty to preserve them from injury or waste and to prevent intrusions upon them.   (Orig. Code 1863, § 471; Code 1868, § 533; Code 1873, § 499; Code 1882, § 499; Civil Code 1895, § 354; Civil Code 1910, § 403; Code 1933, § 91-705; Ga. L. 2006, p. 560, § 2/SB 462.)
GA Code § 36-9-9 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 9 - County Property Generally|§ 36-9-9. Construction of County Jails

 The county jails hereafter constructed shall be of sufficient size and strength to contain and keep securely the prisoners who may be confined therein and shall contain at least two apartments, one for males and one for females, which are properly ventilated so as to secure the health of those confined therein.   (Orig. Code 1863, § 473; Code 1868, § 535; Code 1873, § 501; Code 1882, § 501; Civil Code 1895, § 355; Civil Code 1910, § 404; Code 1933, § 91-706.)   Cross references.   - Jails generally, T. 42, C. 4.   State and county correctional institutions generally, T. 42, C. 5.   RESEARCH REFERENCES   C.J.S.   - 20 C.J.S., Counties, § 269.
GA Code § 36-9-10 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 9 - County Property Generally|§ 36-9-10. Inspection of County Buildings, Property, and Records by Grand Jury

 Reserved. Repealed by Ga. L. 1994, p. 607, § 12, effective July 1, 1994.   Editor's notes.   - This Code section was based on Orig. Code 1863, § 476; Code 1868, § 538; Code 1873, § 504; Code 1882, § 504; Civil Code 1895, § 359; Civil Code 1910, § 408; Code 1933, § 91-708; Ga. L. 1985, p. 1053, § 2.
GA Code § 36-9-11 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 9 - County Property Generally|§ 36-9-11. Destruction or Damaging of Any County Building or Its Appurtenances or Furniture

 Any person who designedly destroys, injures, or defaces any public building or its appurtenances or furniture or uses the same for an indecent purpose shall be liable for the damages and shall be guilty of a misdemeanor.   (Orig. Code 1863, § 472; Code 1868, § 534; Code 1873, § 500; Code 1882, § 500; Civil Code 1895, § 358; Penal Code 1895, § 725; Civil Code 1910, § 407; Penal Code 1910, § 777; Code 1933, §§ 91-707, 91-9903.)   Cross references.   - Criminal penalty for destroying, damaging, or otherwise affecting government property, § 16-7-24.   JUDICIAL DECISIONS   Applicability to town jail.    - This section applies to all holdings owned by a state or the state's subdivisions, including a town jail. Shepherd v. State, 16 Ga. App. 248, 85 S.E. 83 (1915).   Urinating on courthouse door-facing a misdemeanor.    - Entering a courthouse and urinating against the door-facing therein is a misdemeanor, whether as a result thereof the building is injured or defaced or not. Smith v. State, 110 Ga. 292, 35 S.E. 166 (1900).   RESEARCH REFERENCES   Am. Jur. 2d.   - 52 Am. Jur. 2d, Malicious Mischief and Related Offenses, §§ 1, 3, 5, 7, 8, 22.   C.J.S.   - 54 C.J.S., Malicious or Criminal Mischief, §§ 1, 2.
GA Code § 36-10-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 10 - Public Works Contracts|§ 36-10-1. Contracts to Be in Writing and Entered on Minutes

 All contracts entered into by the county governing authority with other persons in behalf of the county shall be in writing and entered on its minutes.   (Orig. Code 1863, § 465; Code 1868, § 527; Code 1873, § 493; Code 1882, § 493; Civil Code 1895, § 343; Civil Code 1910, § 386; Code 1933, § 23-1701.)   Law reviews.   - For article surveying important general legal principles of municipal and county government purchasing and contracting in Georgia, see 16 Mercer L. Rev. 371 (1965). For article surveying 1979 developments in Georgia contract law, see 31 Mercer L. Rev. 27 (1979). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979). For article surveying Georgia cases in the area of county contracts from June 1979 through May 1980, see 32 Mercer L. Rev. 283 (1980). For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003). For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006). For survey article on local government law, see 59 Mercer L. Rev. 285 (2007) and 60 Mercer L. Rev. 263 (2008). For annual survey on local government law, see 65 Mercer L. Rev. 205 (2013).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Enforceability of Contracts   Entry upon Minutes   Types of Contracts   Procedure    OPINIONS OF THE ATTORNEY GENERAL    Statute applies to implied and written county contracts  without distinction. 1980 Op. Att'y Gen. No. 80-128.    County may enforce implied contract  but implied contract cannot be enforced against a county. 1980 Op. Att'y Gen. No. 80-128.   Not entered upon minutes.   - Although county contracts which are written but not entered in the minutes are unenforceable, such failure is a curable defect. 1980 Op. Att'y Gen. No. 80-128.   RESEARCH REFERENCES   C.J.S.   - 20 C.J.S., Counties, § 231.   ALR.    - Elements bearing directly upon the quality of a contract as affecting the character of one as independent contractor, 20 A.L.R. 684.    Construction of paving contract or contractor's bond in respect of the contractor's obligation as to repairs, 72 A.L.R. 644.    Power of municipality to fix specific scale of wages or hours for employees of contractors or subcontractors for municipal contracts, 81 A.L.R. 349; 129 A.L.R. 763.    Inclusion in contract for public work of provision regarding extension of time for performance not specifically set out in the call for bids, 114 A.L.R. 1437.
GA Code § 36-10-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 10 - Public Works Contracts|§ 36-10-2. Letting of Contracts for Public Works

 Reserved. Repealed by Ga. L. 2000, p. 498, § 2, effective April 20, 2000.   Editor's notes.   - This Code section was based on Ga. L. 1878-79, p. 159, § 1; Ga. L. 1880-81, p. 183, § 1; Code 1882, § 493a; Civil Code 1895, § 344; Civil Code 1910, § 387; Code 1933, § 23-1702; Ga. L. 1982, p. 3, § 36; Ga. L. 1989, p. 356, § 4.
GA Code § 36-10-2.1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 10 - Public Works Contracts|§ 36-10-2.1. Letting by Counties With Population of 800,000 or More

 In any county of this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census, contracts for building or repairing any courthouse or other public building, jail, bridge, causeway, or other public works or public property shall be let to the lowest responsible bidder, but the governing authority of any such county shall have the right to reject any or all bids for any such contract. The governing authority of any such county, in considering whether a bidder is responsible, may consider the bidder's quality of work, general reputation in the community, financial responsibility, previous employment on public works, and compliance with a minority business enterprise participation plan or making a good faith effort to comply with the goals of such a plan.    (Code 1981, §36-10-2.1, enacted by Ga. L. 1986, p. 309, § 1; Ga. L. 1987, p. 166, § 1; Ga. L. 2002, p. 1473, § 1.)