2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 16 - Coroners
Article 1 - General Provisions
§ 45-16-9. Fees

Universal Citation: GA Code § 45-16-9 (2020)
  1. When performing the duties of a sheriff, the coroner's fees are the same as a sheriff's.
  2. This Code section shall not be construed to repeal or preempt any local Act or general Act of local application which places any coroner upon an annual salary or authorizes any coroner to receive fees in excess of those specified in this Code section.

(Laws 1792, Cobb's 1851 Digest, p. 352; Ga. L. 1859, p. 25, § 1; Code 1863, § 3625; Code 1868, § 3650; Code 1873, § 3701; Ga. L. 1878-79, p. 73, § 1; Code 1882, § 3701; Penal Code 1895, § 1112; Penal Code 1910, § 1141; Code 1933, § 21-105; Ga. L. 1953, Jan.-Feb. Sess., p. 210, § 1; Ga. L. 1980, p. 543, § 2; Code 1981, §45-16-6; Code 1981, §45-16-9, enacted by Ga. L. 1985, p. 843, § 3.)

Cross references.

- Fees for services of sheriff, § 15-16-21.

Editor's notes.

- The 1985 amendment, effective April 3, 1985, in effect renumbered former § 45-16-6 as this Code section. For present provisions of former § 45-16-9, see § 45-16-8.

JUDICIAL DECISIONS

A coroner who personally summons a jury to hold an inquest is not entitled to any fee for such service. Davis v. County of Bibb, 116 Ga. 23, 42 S.E. 403 (1902).

Burial.

- It is not the duty of a coroner to bury any pauper bodies, except those in which an inquest have been held. Walker v. Sheftall, 73 Ga. 806 (1884).

The interment of a lot of bleached bones in a soap box without expense to anyone does not entitle a coroner to the fees of $15.00 for furnishing a coffin and burial expenses. Meads v. Dougherty County, 98 Ga. 697, 25 S.E. 915 (1896).

OPINIONS OF THE ATTORNEY GENERAL

Limitation on type of fees allowed.

- A coroner is not entitled to collect a fee for going to a collision and obtaining information concerning the collision, but the coroner's fees are limited to those given by O.C.G.A. § 45-16-9 unless there should be some special act dealing with the particular county involved, setting up other supplemental fees and duties. 1954-56 Op. Att'y Gen. p. 53.

When it is determined that an inquest is to be held, and the inquest is in fact held, the fee to which the coroner is entitled is the fee for the inquest; the coroner is not also entitled to an investigation fee of $25.00. 1963-65 Op. Att'y Gen. p. 780.

Fee for summoning jury.

- There is no law which makes it one of the duties of a sheriff to summon a jury of inquest; accordingly, if the sheriff had no duty in that connection, the sheriff would not be entitled to a fee. 1945-47 Op. Att'y Gen. p. 57.

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