---
title: O.C.G.A. § 44-6-168. Commissioners’ return; distribution of proceeds; liability of commissioners for moneys received; contempt.
collection: code
id: 44-6-168
cite_as: O.C.G.A. § 44-6-168 (2025)
canonical_url: https://georgiacommons.org/code/44-6-168
md_url: https://georgiacommons.org/code/44-6-168.md
text_url: https://georgiacommons.org/code/44-6-168/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-2010-pdf.pdf?sfvrsn=35dd922f_0#page=735
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / ESTATES / TENANCY IN COMMON / Partition / Statutory Partition
---

# O.C.G.A. § 44-6-168. Commissioners’ return; distribution of proceeds; liability of commissioners for moneys received; contempt.

After the sale of any lands and tenements provided for in Code Section 44-6-167, the commissioners conducting the sale shall return their proceeds to the same term of the court ordering such sale if such term is still being held, and, if not, to the next term thereof, at which term the court shall order the proceeds of the sale to be divided among the several claimants in proportion to their respective interests after deducting the expenses of the proceedings. The commissioners shall be liable to rule by the superior court as sheriffs are liable for all moneys which they have or may receive for the lands sold by them and which they are required by law to return to the court for distribution; and, in case they shall fail to pay the money into court in obedience to a rule against them, they shall be immediately attached as for a contempt and imprisoned without bail until such payment is made.

## History

Laws 1837, Cobb’s 1851 Digest, p. 584; Code 1863, § 3904; Code 1868, § 3928; Code 1873, § 4004; Code 1882, § 4004; Ga. L. 1884-85, p. 54, § 1; Civil Code 1895, § 4794; Civil Code 1910, § 5366; Code 1933, § 85-1512.