2020 Georgia Code
Title 15 - Courts
Chapter 13 - Officers of Court Generally
Article 1 - Liability for Official Acts
§ 15-13-7. Liability of Magistrates and Constables to Rule Nisi
Magistrates and constables shall be considered officers of the superior court so far as to be subject to be ruled under similar conditions as are provided in relation to any other officer of the court and shall be subject to all the penalties as are provided in case of a rule absolute against sheriffs and other officers of the court when they, or either of them, refuse or neglect to collect or to pay over any money which they may have received or collected in their official capacities.
(Laws 1820, Cobb's 1851 Digest, p. 649; Laws 1839, Cobb's 1851 Digest, p. 651; Code 1863, § 3865; Code 1968, § 3885; Code 1873, § 3961; Ga. L. 1876, p. 37, § 1; Code 1882, § 3961; Civil Code 1895, §§ 4060, 4782; Civil Code 1910, §§ 4657, 5354; Code 1933, § 24-205; Ga. L. 1983, p. 884, § 4-1; Ga. L. 1984, p. 22, § 15.)
Cross references.- Liability of magistrates and constables to be ruled, Rules of the Judicial Qualifications Commission.
JUDICIAL DECISIONS
Power to punish magistrate.
- This section cannot be construed to give the superior court power to punish a justice of the peace (now magistrate) for taking an affidavit of a prisoner brought before the justice by the jailor. In re Russell, 54 Ga. 621 (1875).
No rule lies against a justice of the peace (now magistrate) if the justice has collected money on a garnishment and paid the money to the sheriff. Taylor v. Benjamin, 76 Ga. 762 (1886).
City court lacks jurisdiction over constable of magistrate court.
- City Court of Decatur does not have jurisdiction to rule against constable of justice of the peace (now magistrate) court to require constable to pay over money alleged to have been collected under an execution issued from a justice of the peace (now magistrate) court. Richardson v. Waits, 58 Ga. App. 143, 198 S.E. 116 (1938).
Fact that constable made levy after rule absolute to which claim was interposed and sustained would not relieve the constable from attachment for failure to pay under the rule absolute. Langley v. Wynn, 70 Ga. 430 (1883).
Magistrate court subject to same procedures.
- This section makes justice of the peace (now magistrate) subject to same procedure as other officers; one month's written notice is not required. Christopher v. Nixon, 134 Ga. 7, 67 S.E. 406 (1910).
Damages must be alleged by reason of the failure, refusal, or neglect of the justice of the peace (now magistrate). Barrett & Caswell v. Pulliam, 77 Ga. 552 (1886).
Cited in Abbott v. Holland, 20 Ga. 598 (1856).
OPINIONS OF THE ATTORNEY GENERAL
Constable may be ruled for contempt in superior or magistrate court.
- Constable failing to pay over any money coming into the constable's possession may be ruled for contempt either in superior court or in the justice of the peace (now magistrate) court. 1952-53 Op. Att'y Gen. p. 33.
