Title 36 — Title 36

The state is divided into 159 counties, whose boundaries and limits shall be ascertained by the several Acts laying off the same and those Acts amendatory thereof. The names of the counties are as follows: Appling, Atkinson, Bacon, Baker, Baldwin, Banks, Barrow, Bartow, Ben Hill,…

The county governing authority is authorized, whenever it deems it necessary to do so, to employ an expert accountant to examine and report on the books, vouchers, and accounts of any county officer whose duty it is under the law to handle county funds. The expert accountant may …

36-1-12. Courthouse to remain open during normal working hours. 36-1-13. Speculation in county orders by county officer. 36-1-14. Interested transactions prohibited; removal from office for violation.

Any public officer of any county in this state who buys up at a discount or in any manner speculates in what are known as ‘‘county orders,’’ ‘‘jury scrip,’’ or any other order or scrip which is to be paid out of any public fund of this state or of any county in this state shall b…

36-1-15. Prohibition, regulation, and taxation of fortunetelling and similar practices. 36-1-16. Garbage, trash, waste, or refuse not to be transported across state or county boundaries for dumping without permission; exemption. 36-1-17. Authority of county employees to issue cit…

Whenever a stream of water is the boundary of a county, the jurisdiction of the county shall extend to the center of the main channel of the stream, provided that whenever a stream of water is the boundary of a county and such stream or a bank thereof is the boundary of the State…

(a) The governing authority of each county, for the purpose of protecting and preserving the public health, safety, and welfare, is authorized to adopt ordinances for the governing and policing of the 305 36-1-20 unincorporated areas of the county, violations of which ordinances …

(a) The governing authority of any county is authorized to provide by ordinance or resolution for the creation of a civil service system for employees of the county, other than elected officials or persons appointed to positions for specified terms. (b) Subsequent to the creation…

Reserved. Repealed by Ga. L. 1993, p. 1292, § 6, effective January 1, 1995. Editor’s notes. — This Code section was based on Code 1981, § 36-1-22, enacted by Ga. L. 1986, p. 1586, § 1; Ga. L. 1987, p. 3, § 36; Ga. L. 1988, p. 1734, § 1; Ga. L. 1989, p. 14, § 36. 36-1-23. Purchase…

Official minutes of the meetings of a county governing authority shall be maintained in the offices of the county governing authority. Copies of contracts, maps, or similar material or documents related to actions taken by a county governing authority may be included in the minut…

The governing authority of any county in this state may authorize the execution of one or more contracts which specify the rates, fees, or other charges which will be charged and collected by the county for electric, natural gas, or water utility services to be provided by the co…

36-1-5. Service upon county. 36-1-6. Publication of annual financial statement; contents. 36-1-7. Submission to grand jury of sworn returns of receipts and disbursements; approval or disapproval; appearance to explain errors; failure to make return. 36-1-8. Investment of certain …

In all cases in which a county is a party defendant, service shall be sufficient if perfected upon a majority of the commissioners, in those counties in which the affairs of the county are committed to a county commissioner or a board of county commissioners. History. — Ga. L. 18…

All boards of county commissioners, county commissioners, county managers, or other persons or bodies having charge of receipts and expenditures of county moneys shall publish a financial statement once each calendar year in the paper in which sheriff’s advertisements are publish…

Any county official, officer, or employee who is charged with the responsibility of collecting, receiving, or disbursing any fees, fines, forfeitures, costs, commissions, allowances, penalties, funds, or moneys, or any other emolument or perquisite for any other county official, …

(a) Each county is divided into militia districts according to its territory and population. (b) Militia districts are to remain the same as presently organized until changed in the manner prescribed in this chapter. History. — Orig. Code 1863, §§ 453, 454; Code 1868, §§ 515, 516…

Each militia district organized or changed must contain within its limits at least 200 persons 18 years of age or over who are residents at the time of the organization of the district and, in its formation, must not leave any older district with less than 200 such persons. 316 H…

It is the duty of the judge of the probate court, when a new district is laid out, immediately to transmit to the Governor the proceedings in the matter, duly certified, from his minutes and to publish them for 30 days at the door of the courthouse and in the newspaper where he d…

Before the land surveyor proceeds to make the survey, he shall give the authorities having charge of the revenues of the counties at least ten days’ notice of the time and place intended to commence the survey. The notice shall be given by mail or in person. History. — Ga. L. 188…

(a) At any time after certification of the grand jury presentment to the Governor and prior to a final determination by the Secretary of State under Code Section 36-3-24, the governing authorities of the affected counties may by mutual agreement determine where the boundary line …

The land surveyor appointed by the Governor to survey, mark out, and define the boundary line in dispute shall furnish the judges of the probate courts or chairmen of the boards of county commissioners of the respective counties with a copy of the survey and plat made and returne…

If a protest or exceptions to the survey and plat are filed in the Secretary of State’s office within the 30 days, it shall be the duty of the Secretary of State to give, through the mail, ten days’ written notice of the time when he will hear the protest or exceptions at his off…

When all the proceedings have been had in the manner prescribed in Code Sections 36-3-1 and 36-3-2 and when the same have been fairly recorded by the judges of the probate courts on the minutes of their respective courts, the new line or lines shall be held to have been establish…

The entire costs of advertising and recording the petition, descriptions, and all other papers and proceedings relating to the proposed change in the boundary line of a county shall be paid by the person or persons applying therefor. History. — Ga. L. 1880-81, p. 52, § 4; Code 18…

The election shall be held and conducted and returns shall be made thereof as is provided by Chapter 2 of Title 21, the ‘‘Georgia Election Code.’’ History. — Ga. L. 1878-79, p. 44, § 2; Code 1882, § 508y; Civil Code 1895, § 392; Civil Code 1910, § 487; Code 1933, § 23-502.

After a county site is removed as provided by law, all the courts which are required by law to be held at the county site of the county, by proper orders made by the judges of such courts at chambers or in regular session and entered on the minutes of the courts, shall continue t…

The authorities having charge of county affairs in any county for which the county site has been removed shall provide by an order entered on their minutes that the county officers of the county shall have and keep their offices in such buildings at either the old or new county s…

The words ‘‘Roads and Revenues’’ are stricken from the official names of all of the governing authorities of the counties of this state, so that the official names of the governing authorities of the counties will be changed from ‘‘Board of Commissioners of Roads and Revenues of …

(a) The governing authority of any county of this state or the General Assembly may create in and for those counties in which it deems necessary or advisable the office of county manager and may vest in such office powers, duties, and responsibilities of an administrative nature.…

(a) The governing authority of each county has original and exclusive jurisdiction over the following subject matters: (1) The directing and controlling of all the property of the county, according to law, as the governing authority deems expedient; (2) The levying of a general t…

(a) As used in this Code section, the term: (1) ‘‘County governing authority’’ means a governing authority as defined in paragraph (7) of Code Section 1-3-3 and an elected county chief executive officer. (2) ‘‘Expenses in the nature of compensation’’ means any expense allowance o…

A county governing authority shall have the power to authorize any of the officers, agents, and employees of the county to serve, in any manner prescribed by applicable law, any process, summons, notice, or order on all persons, as defined in Code Section 1-3-3 therein named, whe…

In addition to any other compensation to which a member of a county governing authority is entitled under general or local law, any such official who has been awarded a certificate from the University of Georgia, evidencing his or her successful completion of the voluntary course…

The county treasurer must keep his office at the county site or at some place within one mile of the courthouse. History. — Orig. Code 1863, § 526; Code 1868, § 590; Code 1873, § 552; Code 1882, § 552; Civil Code 1895, § 459; Civil Code 1910, § 575; Code 1933, § 23-1014. 36-6-11.…

All books and stationery required by the county treasurer must be furnished at the expense of the county. History. — Orig. Code 1863, § 528; Code 1868, § 592; Code 1873, § 554; Code 1882, § 554; Civil Code 1895, § 461; Civil Code 1910, § 577; Code 1933, § 23-1020. 36-6-12. Compen…

County treasurers are entitled to receive the following fees: (1) For receiving and paying out county funds: (A) Two and one-half percent for receiving all sums up to $10,000.00. 353 36-6-12 (B) Two and one-half percent for paying out all sums up to $10,000.00. (C) One and one-fo…

It is the duty of the county treasurer: (1) To collect diligently from all officers and others all moneys due the county; (2) To examine the minutes and execution dockets of the different courts of the county, to demand and receive all moneys appearing to be due thereon, and to i…

All county funds are to be paid to and disbursed by the county treasurer except such as may be specially excepted by law, which shall be collected and disbursed as specially directed. History. — Laws 1825, Cobb’s 1851 Digest, p. 211; Code 1863, § 525; Code 1868, § 589; Code 1873,…

The treasurers of the several counties are authorized to deposit the county funds which may come into their hands as county treasurers in any bank or banking institution which has been designated by law as a depository for the funds of the state. History. — Ga. L. 1917, p. 199, §…

Any depository of state funds selected by the county treasurer to be a depository of the county funds shall, in addition to the bond given to the state as security for the money of the state deposited in such bank, give to the county treasurer a bond in an amount sufficient to pr…

When the books of the county treasurer are full, they must be deposited, together with the vouchers and other files relating thereto, in the office of the county governing authority and shall be part of its records. 361 History. — Orig. Code 1863, § 529; Code 1868, § 593; Code 18…

No appointment or election to the office of county treasurer is effective until bond and security is given and the oath of office is taken. History. — Orig. Code 1863, § 517; Code 1868, § 581; Code 1873, § 543; Code 1882, § 543; Civil Code 1895, § 449; Civil Code 1910, § 565; Cod…

When the county treasurer or his personal representative has made a fair and full statement of all his accounts and liabilities as such, pursuant to Code Section 36-6-20, an exoneration of himself and his sureties, together with the details of such settlement, must be entered on …

It shall be the duty of the judge of the probate court or county governing authority to compel the treasurers of the county to come before the court or governing authority at such times as may be designated by the judge or governing authority, not less than twice in each year, to…

The failure or refusal of any county treasurer to render the account and make the showing provided for by Code Section 36-6-22, after being notified to do so by the county governing authority, shall constitute malpractice in office. A conviction therefor shall subject the offende…

County treasurers may be removed from office in the same manner as clerks of the superior courts may be removed. History. — Laws 1821, Cobb’s 1851 Digest, p. 211; Laws 1838, Cobb’s 1851 Digest, p. 215; Code 1863, § 518; Code 1868, § 582; Code 1873, § 544; Code 1882, § 544; Civil …

Vacancies in the office of county treasurer shall be filled as are vacancies in other county offices. History. — Orig. Code 1863, § 519; Code 1868, § 583; Code 1873, § 545; Code 1882, § 545; Civil Code 1895, § 451; Civil Code 1910, § 567; Code 1933, § 23-1027.

The amount of the bonds of appointees to fill vacancies shall be in the discretion of the county governing authority, taking into consideration the amount that may come into their hands, and shall be for double such amount. History. — Orig. Code 1863, § 524; Code 1868, § 588; Cod…

In addition to the oath required of all public officers, before entering on the duties of their office, county treasurers must take the following oath: ‘‘I, , do swear that I will faithfully collect, disburse, and account for all moneys or other effects of the county, and otherwi…

Within 30 days after his election or appointment, the county treasurer shall give a bond payable to the county governing authority with securities approved by such authority, in a sum which in its judgment will be ample to protect the county from any loss. History. — Orig. Code 1…