Official Code of Georgia Annotated

Title 45. PUBLIC OFFICERS AND EMPLOYEES · Chapter 16. CORONERS · Article 1. GENERAL PROVISIONS

45-16-8. Service of process when sheriff disqualified.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

If any person makes an affidavit stating (1) that a sheriff is disqualified from acting in any proceeding, which disqualification was not apparent at the outset of the proceeding, or (2) that a sheriff or his deputy refuses to serve a writ or other process, then the clerk of the court from which the process issues shall place the process in the hands of the coroner for execution. The clerk may compel the sheriff to return the writ or other process to the clerk’s office in order to allow for execution by the coroner.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 565; Code 1868, § 629; Code 1873, § 588; Code 1882, § 588; Civil Code 1895, § 496; Civil Code 1910, § 614; Code 1933, § 21-106; Code 1981, § 45-16-9; Code 1981, § 45-16-8, enacted by Ga. L. 1985, p. 843, § 3.

Editor's notes

The 1985 amendment, effective April 3, 1985, in effect renumbered former § 45-16-9 as this Code section, without any change of language. For present provisions similar to former § 45-16-8, see §§ 45-16-6 and 45-16-7(b).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t45-(v33)-2016-pdf.pdf, Volume V33, 2016 edition, page 429; merge action: carried; file SHA-256 7dfce9a0fd88.