2021 Georgia Code
Title 15 - Courts
Chapter 21 - Payment and Disposition of Fines and Forfeitures
Article 1 - General Provisions
§ 15-21-11. Priorities for Distribution of Fines and Forfeitures Generally

Unless otherwise provided by law, money arising from fines for a violation of the penal laws or collected on forfeited recognizances in the superior courts shall be first applied to the extinguishment of the insolvent lists of the officers bringing the funds into court and then to the orders of former officers in proportion to their claims.

(Laws 1833, Cobb's 1851 Digest, p. 833; Laws 1850, Cobb's 1851 Digest, p. 863; Code 1863, § 4592; Ga. L. 1868, p. 25, § 1; Code 1868, § 4613; Code 1873, § 4709; Code 1882, § 4709; Penal Code 1895, § 1087; Penal Code 1910, § 1114; Code 1933, § 27-2912; Ga. L. 1983, p. 884, § 5-3.)

- Priorities of distribution of fines, bond forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, O.C.G.A. § 15-6-95.

JUDICIAL DECISIONS

"The officers bringing it into court" construed.

- "The officers bringing it into court" are those who are in office when the money is actually paid into court. Lane v. Duke, 37 Ga. App. 146, 139 S.E. 122 (1927).

- Under the general law of this state, arresting fees can be paid only from funds derived from fines and forfeitures, unless the fees are assessed against and paid by the defendants on conviction. Newport v. Longino, 178 Ga. 797, 174 S.E. 537 (1934).

Cited in Lumpkin County v. Davis, 185 Ga. 393, 195 S.E. 169 (1938).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Costs, § 99 et seq. 36 Am. Jur. 2d, Forfeitures and Penalties, §§ 1, 15 et seq.

- 36A C.J.S., Fines, §§ 6, 19. 37 C.J.S., Forfeitures, §§ 1, 6, 7, 8, 10 et seq., 39, 41.