reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 3 - FARMLAND CONSERVATION (§§ 44-10-40 — 44-10-47) › Section 44-10-43 - Farmland Conservation Fund created; investments; expenditures; accounting of expenditures

(a)
(1)
The state treasurer shall establish a separate trust fund in the state treasury that shall be known as the Georgia Farmland Conservation Fund, consisting of annual appropriations by the legislature to the fund, public or private grants, gifts, donations, or contributions dedicated to the fund for farmland conservation, and moneys from any other source, including proceeds from the sale of bonds, state, federal or private mitigation funds, or moneys from any local, state, or federal program dedicated to the fund for farmland conservation.
(2)
The state treasurer shall invest the money held in the Georgia Farmland Conservation Fund in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the trust fund shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust fund.
(b)
Moneys in the Georgia Farmland Conservation Fund shall be expended by the Commissioner solely as provided in this article.
(c)
The Commissioner shall prepare an accounting of the moneys expended pursuant to this Code section during the most recently completed fiscal year to be provided to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year.
Added by 2023 Ga. Laws 13,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 3 - FARMLAND CONSERVATION (§§ 44-10-40 — 44-10-47) › Section 44-10-44 - Farmland Conservation Fund Program created; grants; costs of administration

(a)
There is established the Georgia Farmland Conservation Fund Program to be administered by the department. In administering the program, the department shall, each fiscal year, make available moneys from the Georgia Farmland Conservation Fund for matching grants to any prospective qualified easement holder having a project proposal which has been reviewed by the department and approved by the council.
(b)
Any project proposal selected to receive a matching grant through the program shall have as its primary purposes the advancement of farmland conservation and the support of active farming and food production in this state. Award grants from the program may include payment:
(1)
To qualified easement holders for the purchase of agricultural conservation easements on qualified farmland, for advancing farmland conservation, and to support active farming and food production in Georgia; or
(2)
For the costs of acquisition related to the purchase of agricultural conservation easements approved by the program.
(c)
As a cost of administering the program, the department may annually deduct and retain an amount equal to 5 percent of the fund.
Added by 2023 Ga. Laws 13,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 3 - FARMLAND CONSERVATION (§§ 44-10-40 — 44-10-47) › Section 44-10-45 - Administration of program

In administering the program, the department shall, under the direction and advice of the council:
(1)
Give priority to project proposals that protect agricultural lands susceptible to development, subdivision, and fragmentation;
(2)
Adopt a scoring process for evaluating project proposals and prioritizing projects based on the extent that the project will:
(A)
Protect farmland in active or planned cultivation;
(B)
Prevent development or fragmentation that would result in farmland loss;
(C)
Support transition of affordable farmland to next-generation farmers;
(D)
Leverage local, federal, or private funding, taking into account whether such funding includes a match requirement;
(E)
Support conservation priorities, including, but not limited to, protection of habitat, water quality, watershed conservation, climate resiliency, local conservation plans, and public viewshed;
(F)
Preserve or enhance soil quality; and
(G)
Create or further enhance compatibility with existing military installations; and
(3)
Ensure that, per its terms, any agricultural conservation easement to be acquired through the project:
(A)
Is of perpetual duration;
(B)
May not be assigned to or enforced by a third party without the express written consent of the landowner; and
(C)
Aligns with existing federal and local programs to maximize potential for matching funds.
Added by 2023 Ga. Laws 13,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 10 - HISTORIC PRESERVATION (§§ 44-10-1 — 44-10-47) › Article 3 - FARMLAND CONSERVATION (§§ 44-10-40 — 44-10-47) › Section 44-10-47 - Powers and duties of Council

The council shall have the power and duty to:
(1)
Annually review and approve award grants recommended by the department;
(2)
Review and approve rules and regulations promulgated by the department for administration of the program; and
(3)
Review the outcomes of the program and recommend to the department changes in program administration or rules to ensure the success of the program.
Added by 2023 Ga. Laws 13,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-1 - Requirement that plaintiff recover on strength of own title; effect of common grantor on proof of title

A plaintiff in ejectment must recover on the strength of his own title and not on the weakness of the defendant's title. Where both parties claim under a common grantor, it is not necessary to show title back of such common grantor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-2 - When plaintiff may recover on prior possession alone

A plaintiff in ejectment may recover the premises in dispute upon his prior possession alone against one who subsequently acquires possession of the land by mere entry and without any lawful right whatsoever.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-3 - Right of joint owner to bring an action alone; effect of judgment

Any joint tenant, tenant in common, or other person having a part interest in lands or tenements may bring an action of ejectment for the recovery of such lands or tenements or an action for damages for injury thereto without joining with him any other person as plaintiff. The judgment in such a case shall not affect the rights of those interested in such lands or tenements who are not parties to the action.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-4 - Joint action against separate claimants; when prohibited

When several persons claim several parcels of land under distinct titles and do not sustain to each other the relationship of landlord and tenant, a joint action of ejectment may not be maintained against them nor may a joint or several recovery be had in such action either for the premises or for mesne profits.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-5 - Making true claimant a defendant; effect of judgment as to such defendant

A plaintiff in ejectment may in all cases make the true claimant a defendant by serving a copy of the pending action upon him, and the person so notified shall be bound by the judgment.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-6 - Disclaimer by defendant; effect on costs

A defendant in ejectment may disclaim any claim of title or right of possession. After such disclaimer is filed, such defendant shall not be liable for any future court costs.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-7 - Recovery of mesne profits

(a)
By adding a count in his petition and submitting the evidence to the jury, the plaintiff in ejectment may recover by way of damages all such sums of money to which he may be entitled by way of mesne profits, together with the premises in dispute.
(b)
No plaintiff in ejectment shall have and maintain a separate action in his behalf for the recovery of mesne profits which may have accrued to him from the premises in dispute.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-8 - Setoff of value of improvements against mesne profits by trespasser

A trespasser may not set off improvements in an action brought for mesne profits except when the value of the premises has been increased by the repairs or improvements which have been made. In that case, the jury may take into consideration the improvements or repairs and may diminish the profits by that amount but not below the sum which the premises would have been worth without such improvements or repairs.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-10 - When previous warrantor may be codefendant

A previous warrantor of the title to the land in dispute may be a codefendant in an action of ejectment, provided he would be answerable in damages in case of eviction.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-11 - Necessity for substitution upon death of codefendant in ejectment

If a codefendant in any action of ejectment dies after the commencement of the action, the action may proceed against the surviving defendant without making the representative of the deceased codefendant a party.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-12 - Annexation of title abstract to petition

The plaintiff shall attach an abstract of the title relied on for recovery to the petition for the recovery of land and mesne profits.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-13 - When judgment conclusive of title

A judgment in ejectment shall be conclusive as to the title between the parties thereto unless the jury awards the plaintiff less than the fee.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-14 - Issuance of writ of possession; levy and sale clause

When a verdict in ejectment is rendered in favor of the plaintiff and a judgment is entered thereon, the clerk of the superior court shall issue a writ of possession in which the clerk shall incorporate a clause directing the sheriff to collect by levy and sale of the defendant's property all sums of money awarded to the plaintiff in ejectment as mesne profits and costs.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 1 - EJECTMENT (§§ 44-11-1 — 44-11-15) › Section 44-11-15 - Persons not subject to writ of possession

The writ of possession shall not issue against third persons who were not known in the action on which such writ of possession is founded nor against third persons who were not put in possession by and do not claim under or by virtue of any conveyance from the defendant in the action.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 2 - PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-30 — 44-11-33) › Section 44-11-30 - Manner of ejecting intruders; affidavit; ejection by sheriff; counteraffidavit

When any person, either by himself or herself, his or her agent, or his or her attorney in fact, shall take and subscribe an affidavit in writing before any officer authorized to administer an oath setting forth that he or she claims, in good faith, the right of possession to the described land or tenement and that such land or tenement is in the hands of another named person who does not in good faith claim a right to such possession and yet refuses to abandon the same, it shall be the duty of the sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council of the county where the land or tenement is located, upon receiving such affidavit, to exhibit such affidavit to the person described as being in possession of such land or tenement at least three days prior to turning such person out of possession unless the person in possession tenders to such sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council a counteraffidavit stating that he or she claims, in good faith, a legal right to the possession of the land or tenement. Such sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council shall turn out such person once three days have elapsed from the day such affidavit was exhibited.
Amended by 2024 Ga. Laws 483,§ 4, eff. 4/24/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 2 - PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-30 — 44-11-33) › Section 44-11-31 - Officers competent to administer oath to person in possession

The sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council shall be a competent officer to administer the oath to the person in possession if he desires to tender the counteraffidavit provided for in Code Section
44-11-30
.
Amended by 2024 Ga. Laws 483,§ 5, eff. 4/24/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 2 - PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-30 — 44-11-33) › Section 44-11-32 - Procedure on submission of counteraffidavit; trial

(a)
(1)
If the party in possession submits a counteraffidavit as provided in Code Section
44-11-30
, the sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council shall not turn him or her out of possession but shall leave both parties in their respective positions. In such an event, the sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council shall return both affidavits to the office of the clerk of the magistrate court of the county in which the land is located for a nonjury trial in accordance with the laws of this state.
(2)
If the party in possession submits any counteraffidavit or other documentation at trial, upon the magistrate's determination that the affidavit is not meritorious based on the preponderance of the evidence, the sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council shall turn him or her out of possession to occur as soon as practicable pursuant to a writ of possession.
(3)
The court may award the plaintiff the fair market value rent for the duration of the party's occupancy, and other monetary relief found appropriate by the court. A party shall have the right to appeal the decision of such magistrate court and such decision shall be directly appealable to the Georgia appellate courts and not by de novo review by the superior court.
Amended by 2024 Ga. Laws 483,§ 6, eff. 4/24/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 11 - EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-1 — 44-11-33) › Article 2 - PROCEEDINGS AGAINST INTRUDERS (§§ 44-11-30 — 44-11-33) › Section 44-11-33 - Issuance of writ of possession instanter; fi. fa. for costs

If the trial provided for in Code Section
44-11-32
, finds a verdict for the plaintiff, the clerk of the court shall issue a writ of possession instanter and a fi. fa. for the costs of the proceeding and any other monetary relief awarded by the court. The plaintiff and the court shall be authorized to present the final order to law enforcement for investigation or prosecution.
Amended by 2024 Ga. Laws 483,§ 7, eff. 4/24/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 1 - IN GENERAL (§ 44-12-1) › Section 44-12-1 - Partition of personal property

Application may be made and partition of personal property may be obtained in the same manner and under the same regulations as are prescribed by law for obtaining a partition of lands and tenements.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 2 - CHOSES IN ACTION (§§ 44-12-20 — 44-12-24) › Section 44-12-20 - "Chose in action" defined

A chose in action is personalty to which the owner has a right of possession in the future or a right of immediate possession which is being wrongfully withheld.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 2 - CHOSES IN ACTION (§§ 44-12-20 — 44-12-24) › Section 44-12-21 - Rights and remedies to enforce choses in action

For every violation of an express or implied contract and for every injury done by another to one's person or property, the law gives a right to recover and a remedy to enforce it. The right is a chose in action, and the remedy is an action at law.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 2 - CHOSES IN ACTION (§§ 44-12-20 — 44-12-24) › Section 44-12-22 - Assignment of choses in action arising upon contracts

Except as may be otherwise provided in Title 11, all choses in action arising upon contract may be assigned so as to vest the title in the assignee, but he takes it, except negotiable instruments subject to the equities existing between the assignor and debtor at the time of the assignment, and until notice of the assignment is given to the person liable.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 2 - CHOSES IN ACTION (§§ 44-12-20 — 44-12-24) › Section 44-12-23 - Assignment of a fund

A fund may be assigned in writing. The written acceptance of a draft will be treated as an assignment pro tanto of funds of the drawer in the hands of the acceptor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 2 - CHOSES IN ACTION (§§ 44-12-20 — 44-12-24) › Section 44-12-24 - What rights of action may and may not be assigned

Except for those situations governed by Code Sections
11-2-210
and
11-9-406
, a right of action is assignable if it involves, directly or indirectly, a right of property. A right of action for personal torts, for legal malpractice, or for injuries arising from fraud to the assignor may not be assigned.
Amended by 2013 Ga. Laws 196,§ 1, eff. 5/6/2013.
Amended by 2013 Ga. Laws 195,§ 1, eff. 5/6/2013.
Amended by 2001 Ga. Laws 191, § 33, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 1 - IN GENERAL (§§ 44-12-40 — 44-12-45) › Section 44-12-40 - "Bailment" defined

A bailment is a delivery of goods or property upon a contract, express or implied, to carry out the execution of a special object beneficial either to the bailor or bailee or both and to dispose of the property in conformity with the purpose of the trust.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 1 - IN GENERAL (§§ 44-12-40 — 44-12-45) › Section 44-12-41 - Bailment contract as entire; performance as condition precedent to action upon it

As a general rule, the contract of bailment is an entire contract and a full performance is a condition precedent to an action upon it.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 1 - IN GENERAL (§§ 44-12-40 — 44-12-45) › Section 44-12-42 - Rights of bailee in bailed property; actions to enforce rights

During the bailment, in all cases the bailee has a right to the possession of the property and in most cases a special right of property in the thing bailed. For a violation of these rights by anyone he has a cause of action.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 1 - IN GENERAL (§§ 44-12-40 — 44-12-45) › Section 44-12-43 - Care required of bailees

All bailees are required to exercise care and diligence to protect the thing bailed and to keep it safe. Different degrees of diligence are required according to the nature of the bailments.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 1 - IN GENERAL (§§ 44-12-40 — 44-12-45) › Section 44-12-44 - Burden on bailee after loss; proper diligence standard

In all cases of bailment, after proof of loss by the bailor, the burden of proof is on the bailee to show proper diligence.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 1 - IN GENERAL (§§ 44-12-40 — 44-12-45) › Section 44-12-45 - When act of God or contract exception available as defense

In order for a bailee to avail himself of an act of God or an exception under the contract as a defense, he must establish not only that the act of God or excepted fact ultimately occasioned the loss but that his own negligence did not contribute to the loss.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-60 - "Hiring" defined

The term "hiring" means a contract by which one person grants to another either the enjoyment of a thing or the use of the labor and industry of himself during a certain time and for a stipulated compensation or by which one person contracts for the labor or services of another person with regard to a thing bailed to such other person for a specified purpose.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-61 - Qualified ownership and rights of hirer

The hirer of things acquires a qualified ownership of them for the time specified, which qualified ownership entitles him to all their increase and to the possession and enjoyment of them during the period of bailment against everyone else, including the owner himself.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-62 - Duties of hirer; liability for acts of bailor's agents

(a)
The duties of the hirer of things are:
(1)
To put the thing to no other use than that for which it is hired;
(2)
To take ordinary care in its use;
(3)
To redeliver the thing at the expiration of the bailment; and
(4)
To comply generally with the terms of the hiring.
(b)
If the bailor sends his own agents with the thing bailed, the hirer shall not be liable for the acts of such agents but shall only be liable either to the bailor or to third persons for the consequences of his own directions and for gross neglect.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-63 - Obligations of bailor

The obligations of the bailor of things are:
(1)
To do no act to deprive the hirer of the use and enjoyment of the chattel during the period of the bailment;
(2)
To keep the thing in suitable order and repair for the purposes of the bailment; and
(3)
To warrant the right of possession and that the thing bailed is free from any secret fault rendering it unfit for the purposes for which it is hired.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-64 - Duty to return property; assumption of risks; time of return

The contract of hire may call for the return of the thing or of like property of the same kind and quality. If the return of the thing is specified, the risk of death or inevitable accident is with the bailor and he can retake possession immediately at the expiration of the time of hiring. If the return of like property of the same kind and quality is specified, the risk is with the bailee and he must redeliver the thing hired before the bailor's interest is revested.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-65 - Effect of breach of contract; action for conversion by bailor

If either party violates the terms of the hiring, the other party may abandon the contract. If the hirer puts the thing to a different use than is specified in the contract, the bailor may bring an action as for a conversion even if the hirer is a minor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-66 - Effect of loss or destruction of thing hired; liability of hirer

The loss or destruction of the thing hired without fault on the part of the hirer puts an end to the bailment, and the hirer is required to pay only for the time it was enjoyed.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-67 - When hirer may relet; effect of reletting without consent of bailor

No hirer of a thing has a right to hire out the thing bailed to him to another person except with the consent, express or implied, of the bailor. If the hirer relets to another person without the consent of the bailor, the bailor may either take immediate possession of the thing bailed or waive this right and hold the hirer bound to extraordinary care and diligence on the part of himself and the hirer from him.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-68 - Consent required for removal of hired thing from state or hazardous use

No hirer of things has a right to remove such things beyond the jurisdiction of this state except by consent of the bailor nor to put the thing hired to any hazardous use unless such use was specially contracted for.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-69 - Rights of action of hirer and bailor

For an interference with the possession of the thing hired, the right of action is in the hirer; for an injury to the property and for any interference with his property rights, the bailor has a right of action.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-70 - Liability of thing hired to execution and levy; forthcoming bond

When the period of the hiring does not exceed one year, the thing hired shall not be subject to sale under a judgment against the owner of the thing which was obtained subsequent to the contract of hire; but the thing may be levied on and a bond for its delivery at the expiration of the time for which it is hired may be demanded of the hirer.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-71 - Hire of labor or services; standard of care

The hire of labor or services is the essence of every bailment in which goods are delivered to another and compensation is paid for the care, attention, or labor bestowed upon them. It includes the contracts of forwarding and commission merchants, factors, keepers of wharves, mechanics, and all agents in such transactions. In all such cases, the bailee is not only bound to exercise skill in the labor and work bestowed but it is a part of his contract that he shall exercise ordinary care and diligence in keeping and protecting the articles entrusted to him.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-72 - Title to article on which labor bestowed

In cases of hire of labor or services, if the identical article, though materially changed by the labor bestowed, is to be returned, the title remains in the bailor. If the bailee furnishes a portion of the materials, the title to the entire structure is in the party furnishing the larger portion of the materials. If the bailor furnishes materials but the contract does not contemplate the use of that material specially, the title to the article constructed is in the bailee until it is delivered. If materials are furnished to the bailee for manufacture and the bailee and the bailor will each receive a share of the manufactured goods, the title remains in the bailor until the delivery to him of his portion of the manufactured goods.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-73 - Right to possession by bailee

The bailee for hire of labor and services is entitled to the possession of the thing bailed during the bailment.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-74 - Loss or destruction of property; right of bailee to compensation

If the thing bailed for labor and services is destroyed without fault on the part of the bailee, the loss falls upon the bailor; and the bailee may demand compensation for the labor expended and materials used upon it.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-75 - Exercise of discretion by factor; diligence

Since peculiar confidence is reposed in a factor, he may, in the absence of instructions, exercise his discretion according to the general usages of the trade. In return, greater and more skillful diligence and the most active good faith are required of him.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-76 - Keeper of livery stable; diligence

The keeper of a livery stable is a depository for hire and is bound to use the same diligence as an innkeeper.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-77 - Garage owner; diligence

The relationship of the owner of an automobile and the owner of the garage in which the automobile is stored is that of bailor and bailee. The bailee is bound to use ordinary care for the safekeeping and return of the automobile.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 2 - HIRING (§§ 44-12-60 — 44-12-78) › Section 44-12-78 - Keeper of wharf; liability

One who keeps a wharf is a depository for hire and is liable upon the same principles as a warehouseman.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 3 - DEPOSITS (§§ 44-12-90 — 44-12-96) › Section 44-12-90 - Definitions

As used in this part, the term:
(1)
"Deposit" means the delivery of chattels by one person to another to keep for the use of the bailor.
(2)
"Depository for hire" means a depository who receives or expects a reward or hire for undertaking to keep chattels for another.
(3)
"Naked deposit" means an undertaking whereby a depository keeps chattels for another gratuitously.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 3 - DEPOSITS (§§ 44-12-90 — 44-12-96) › Section 44-12-91 - Voluntary or involuntary depositories; liability for naked deposit

A person may voluntarily undertake to be a depository or may become so involuntarily, as by finding chattels. For a naked deposit, the depository is responsible only for gross negligence.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 3 - DEPOSITS (§§ 44-12-90 — 44-12-96) › Section 44-12-92 - Liability of depositories for hire

Depositories for hire are bound to exercise ordinary care and diligence and are liable as in other cases of bailment for hire.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 3 - DEPOSITS (§§ 44-12-90 — 44-12-96) › Section 44-12-93 - Liability for gratuitously transporting deposits

If one, in addition to safekeeping, undertakes gratuitously to carry money or other articles to another place, his liability is the same as that of a naked depository.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 3 - DEPOSITS (§§ 44-12-90 — 44-12-96) › Section 44-12-94 - Termination of bailment of naked deposit

One who holds a naked deposit may at any time terminate the bailment by a redelivery of the chattels to the bailor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 3 - DEPOSITS (§§ 44-12-90 — 44-12-96) › Section 44-12-95 - Effect of use of naked deposit on liability

One who holds a naked deposit may not use such deposit without increasing his responsibility unless the use is necessary to preserve the deposit or, from the circumstances, the consent of the depositor may be reasonably presumed.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 3 - DEPOSITS (§§ 44-12-90 — 44-12-96) › Section 44-12-96 - Reimbursement of expenses incurred by reason of naked deposit; retention of possession

One who holds a naked deposit is entitled to be reimbursed for all charges and expenses which he incurs by reason of the deposit, and he may retain possession of the deposit until such charges and expenses are paid.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 4 - LOANS OF PROPERTY (§§ 44-12-110 — 44-12-120) › Section 44-12-110 - Kinds of loans; nature of loan for consumption

Loans may be either for consumption or for use. A loan for consumption is a loan of an article which is not to be returned in specie, but in kind; this is a sale and not a bailment.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 4 - LOANS OF PROPERTY (§§ 44-12-110 — 44-12-120) › Section 44-12-111 - Nature of loan for use

A loan for use is the gratuitous grant of an article to another for his use with the expectation that the article will be returned in specie. A loan for use may be made either for a definite time or for an indefinite time and is at the will of the grantor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 4 - LOANS OF PROPERTY (§§ 44-12-110 — 44-12-120) › Section 44-12-112 - Borrower's duty of extraordinary care

The borrower is usually bound to exercise extraordinary care and diligence and is liable for slight neglect.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 4 - LOANS OF PROPERTY (§§ 44-12-110 — 44-12-120) › Section 44-12-113 - Loan beneficiaries and responsibilities

A loan is generally entirely for the benefit of the borrower, but sometimes it is for the joint benefit of the lender and the borrower and occasionally it is for the exclusive benefit of the lender. Where the loan is for the joint benefit of the lender and the borrower or is for the exclusive benefit of the lender, the responsibility of the borrower is varied and less stringent according to the circumstances and purpose of the loan.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 4 - LOANS OF PROPERTY (§§ 44-12-110 — 44-12-120) › Section 44-12-114 - Right of borrower to possession; action for interference

The borrower acquires no property right in the thing loaned but only the right to possess and use it. The borrower may bring an action for any interference with that right.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 4 - LOANS OF PROPERTY (§§ 44-12-110 — 44-12-120) › Section 44-12-115 - When borrower may transfer thing loaned; liability of article to levy and sale

If a loan is for the personal benefit and use of the borrower, he cannot transfer the possession of the thing loaned to another without the consent, express or implied, of the lender. If the loan is for a definite time, the borrower has no such interest in the thing loaned as it may be subject to levy and sale.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 4 - LOANS OF PROPERTY (§§ 44-12-110 — 44-12-120) › Section 44-12-116 - Revocability of loans

The lender may not revoke a loan which is made for a definite time so long as the borrower meets fully his engagements with respect to such loan. A loan at will or a loan made for an indefinite time may be revoked at any time.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 4 - LOANS OF PROPERTY (§§ 44-12-110 — 44-12-120) › Section 44-12-117 - Liability for necessary and extraordinary charges and expenses

Since a loan is gratuitous, the borrower must pay all necessary charges and expenses in preserving and taking care of the property during the time of the loan. If, however, extraordinary expenses are necessary to protect the property from destruction, the lender must reimburse the borrower for such expenses.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 4 - LOANS OF PROPERTY (§§ 44-12-110 — 44-12-120) › Section 44-12-118 - Ownership of increase in loaned property

The increase of loaned property, except property loaned by special contract, belongs to the lender.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 4 - LOANS OF PROPERTY (§§ 44-12-110 — 44-12-120) › Section 44-12-119 - How loaned property used; acts considered as conversion

The property loaned must be used strictly for the purpose and in the manner contemplated by the parties. A violation by the borrower is a conversion.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 4 - LOANS OF PROPERTY (§§ 44-12-110 — 44-12-120) › Section 44-12-120 - When death of parties terminates loans

The death of the lender terminates all indefinite loans or loans at will or pleasure. It does not terminate a loan for a definite time. The death of the borrower terminates all loans to him.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 5 - PAWNBROKERS (§§ 44-12-130 — 44-12-138) › Section 44-12-130 - Definitions

As used in this part, the term:
(1)
"Month" means that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then the last day of such following month.
(2)
"Pawnbroker" means any person engaged in whole or in part in the business of lending money on the security of pledged goods, or in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as a part of or in conjunction with the business activities described in this paragraph.
(3)
"Pawn transaction" means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods may be redeemed or repurchased by the pledgor or seller for a fixed price within a fixed period of time.
(4)
"Person" means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity however organized.
(5)
"Pledged goods" means tangible personal property, including, without limitation, all types of motor vehicles or any motor vehicle certificate of title, which property is purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction. However, for purposes of this Code section, possession of any motor vehicle certificate of title which has come into the possession of a pawnbroker through a pawn transaction made in accordance with law shall be conclusively deemed to be possession of the motor vehicle, and the pawnbroker shall retain physical possession of the motor vehicle certificate of title for the entire length of the pawn transaction but shall not be required in any way to retain physical possession of the motor vehicle at any time. "Pledged goods" shall not include choses in action, securities, or printed evidences of indebtedness.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 5 - PAWNBROKERS (§§ 44-12-130 — 44-12-138) › Section 44-12-132 - Permanent records required; content

Every pawnbroker shall maintain a permanent record book in which shall be entered in legible English at the time of each loan, purchase, or sale:
(1)
The date of the transaction;
(2)
The name of the person conducting the transaction;
(3)
The name, age, and address of the customer; a description of the general appearance of the customer; and the distinctive number from the customer's driver's license or other similar identification card;
(4)
An identification and description of the pledged or purchased goods, including, if reasonably available, the serial, model, or other number, and all identifying marks inscribed thereon;
(5)
The number of the receipt or pawn ticket;
(6)
The price paid or the amount loaned;
(7)
If payment is made by check, the number of the check issued for the purchase price or loan;
(8)
The maturity date of the transaction; and
(9)
The signature of the customer.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 5 - PAWNBROKERS (§§ 44-12-130 — 44-12-138) › Section 44-12-133 - Manner of recording entry in permanent records; corrections; inspection

Entries shall appear in ink and shall be in chronological order. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The book shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business or at any reasonable time.