Compilation of laws establishing the fees of the ordinaries of the state of Georgia [1961]

COMPILATION OF LAWS ESTABLISHING THE FEES OF THE ORDINARIES OF THE STATE OF GEORGIA.
Compiled by
BEN W. FORTSON
Secretary of State Atlanta, Georgia
Note: This compilation is not intended to be comprehensive, but is designed to reflect only some of the significant laws establishing the fees of Ordinaries. The following sections
are extracts from the Code of Georgia of 1933, annotated. July; 1961

INDEX

~ 1
1 1 2
2&3
3 3 3 4 4 4 - 10 11 11

TITLE Appointment, Qualification, and Removal of Executors and Administrators - Dispensing with Administration Courts - Miscellaneous Provisions
Dealing in Live Stock
Ex-Confederate Soldiers and Sailors and Dependents
Guardians of Insane or Deaf and Dumb Persons and Persons Non Compos Mentis
Lost Papers
Mental Health
Nuisances - Abatement
Ordinaries' Courts and Proceedings Therein
Powers, Election, Qualification and Fees (Fees in general)
Preservation of Historical Matter
Wills, Descent, and Administration of EstatesSales and Conveyances

Code Section
113-1203.4 113-1239
24-110
62-1303
78-227 78-228 78-229
49-610.7 49-612 49-613
63-103
88-1620
7'2-207
24-2109
24-1716 24-1717
23-2603
113-1731

Appointment, Qualification, and Removal of Executors ann ArlministratorsDispensing with Administration,
113-1203.4. Suits of any nature and proceedings for accounting or removal against nonresident administrators, executors, and Quardians; venue.--Duty of ordinary after service; fee of ordinary.--The ordinary of said c0~nty upon whom service shall have been made, as provided in section 113-1203.3 shall, immediatel y upon receipt of service of any process, ci tation or proceedings against any such administrator, executor or guardian, mail the same, by registered mail, to the last known address of such person and shall receive therefor a fee of $1, and shall enter upon the minutes of his court a statement that (service of) such process or proceedings has been so made. (Acts 1947, p. 1448.)
113-1239. Dispensing with administration; petition to ordinary.--Fees of ordinary.--For receiving the application docketing and filing the same, granting order for citation to be published, granting the order and recording the proceedings, the ordinary shall be entitled to the same fees which are allowed for similar acts in the administration proceedings, and the cost of publication of citation. (Acts 1958, pp. 355, 358.)
Courts - Misc~llaneous Provisions.
24-110. (6001) Compensation for certain ordinaries, sheriffs, and clerks, how allowed.--The ordinaries who by law are vested with the management of the county business, and for whom no compensation is now provided, and the sheri ffs and clerks of the superior courts, for public services in reI ation to which existing laws provide no compensation, shall be compensated as follows, to wit: Such officers shall state their respective claims in writing, and make affidavit to the correctness and justice thereof, which so made out and verified shall be submitted to the grand juries of their respective counties at any regular term thereof at which a grand jury is impaneled, after the services rendered; provided, if such statement is not submitted at that term or at the next succeeding term at which a grand jury is impaneled, such claim for services shall be barred; and said grand juries may in their discretion require other proof of the justness and correctness of such claims, and when satisfied that said claims are just and correct, may allow the sum claimed, or so much thereof as they may deem right and proper; and when allowed, the ordinary of such county, or other authority levying county taxes, shall assess so much with the other county taxes as will pay the same, which when collected and paid over to the county treasurer of such county, shall be paid by him to the parties thereto, without further order, he takino a proper receipt therefor. The compensation provided for in this section shall be in full of all compensation of such officers for such services. (Acts l8So-l,p.92; l872,p.Sl; 1929,p.171)
Dealing in Liye Stock.
62-1303. Dealers to register; license; fee.--Every dealer in live stock shall before engaging in such occupation, register with the ordinary of the county of his residence and obtain a license from such ordinary, who shall require from said dealer a statement of his name, age, and place of residence, and in the case of a corporation, a statement of the location of its prIncipal office. Any dealer moving to another county shall be required to obtain a license in that county. The ordinary shall be enti tIed to receive a fee of five dollars for issuing such license. (Acts 1937,pp.7l6,717.)
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Ex-Confederate Soldiers and SailQrs and Dependents.
78-227. Pension fees to ordinaries.--~ach ordinary shall b~ allowed a fee of '12 per pensioner, per annum, for preparing all papers, proofs, and pay rolls and for securing, receiving, and paving out the Confederate pensiens to the various pensioners in their respective counties, which shall be in full settlement for all the services to be performc(; in connection wi th the persion work and pension disbursements of their counties. (Acts 1926, Extra. Session, pages 49,50.)
78-228. Payment of fee, how made.--Said fee of $2 per pensioner, per annum, shall be paid by the State each year, out of the unexpended balance of the pension fund, by a warrant of the Governor granted upon the requisition of the Director of the Veterans' Service Office, to which requisition the Director shall attach a certified statement showing the amount due to the ordinary of each county after all the ordinaries have made a full and complete settlement of their pension rolls for the year, such warrant to be drawn against the unexpended balance of the pension fund remaining in the treasury after all the pensioners have been paid for the current year. (Acts 1926, Extra. Sess., pp. 49, 50; 1931, pp. 7, 10.)
78-229. Payment in counties where ordinaries have fixed salary.--The sum herein provided to be paid to the ordinaries of the respective counties shall be paid to the proper authorities handling the county funds in those counties in which the ordinaries draw a fixed salary. (Acts 1926, Extra. Sess., pp. 49, 50.)
Guardians of Iosane or Deaf and Dumb Persons and Pe~ons Non CompQs ~Oti~,
49-610.7. Fees of ordinary and commissioners in restoration proceedings.-The ordinary shall be entitled to a fee of $10 for issuing and docketing the commission and for the performance of other duties herein required of the ordinary, and the three commissioners shall be entitled to a fee of $5 each. The ordinary shall draw his warrant upon the treasury of his county for an amount sufficient to defray the expenses of such restoration proceedings, including the $10 fee to the ordinary and the $5 fee to each of the three commissioners and inclUding all other court costs in connection with such proceedings: Provided, that when the estate of such person seeking to be restored shall be sufficient to defray such expenses such fees and costs shall be paid by the petitioner and no money shall be drawn from the county treasury for the purpose herein set forth. (Acts 1947, pp. 1174, 1176; 1952, pp. 188, 189.)
49-612. (3101) Proceedings by third persons looking to confinement of ward.-- When there shall be no guardian for an insane person, or the guardian, on notice, shall refuse or fail to confine his ward, and any person shall make oath that such insane person, for public safety or other good and sufficient reason, should not longer be left at large, the ordinary, or in his absence from the county, or when he is unable to act for any cause, the judge of the superior court before whom said oath shall be made, shall issue a warrant as in criminal cases for the arrest of such insane person, to bring him before him on a day specified; and said ordinary, or in his absence from the county, or when he is unable to act for any cause, the judge of the superior court, on an investigation of the facts, may commit such insane person to the '~lledgeville State Hospital, and, if necessary, cause him to be temporarily committed to jailor to any institution (including the Milledgeville State Hospital) properly equipped to care for insane persons when approved by the ordinary or the judge of the superior court hearing the cause until he can be removed to the Hospital: Provided, however, that if such insane person
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should be temporarily committed to an institution other than a jail, the sheriff of the county in which such insane person is com~itted shall be charged with the duty, responsibility and expense of safeguarding such person and of transporting him or her to and from such place of confinement to the place of trial and to the Milledgeville State Hospital, and the expense of such confinement and the proceedings shall be paid out of the estate of such insane person, if any, and if none, out of the county funds. The fees of the ordinaries of the several counties for making out commissions of lunacy and all other services connected therewith shall be $5; and the fees of sheriffs and bailiffs, for summoning juries and other services connected with cases of lunacy, shall be $3. (Acts 1838, Cebb, 344. Acts 1866, p.22; 1878-9, p.77; 1894, p.43; 1950,pp.30,3l.) NOTE: ~ee editorial note following Code Section 49-612.
49-613. (3102) Expenses of proceedings; how paid.--The ordinary shall draw his warrant upon the treasurer of his county for such sum or sums as shall be actually necessary or requisite to defray the pxpenses of trying a commission of lunacy and for carrying or conveying such insane person from such county to the Milledgeville State Hospital: Provided, the sum to be paid in each case shall not exceed $10, and actual expenses to each of said reputable persons. When females shall be committed to the Milledgeville State Hospital, they shall be accompanied thereto by a relative, female nurse or female attendant, at the expense of the county: Provided, that no money shall be drawn from the county treasury for the purposes herein set forth when the estate of such insane person shall be sufficient to defray such expenses. (Acts 1880-1, p. 182; 1918, p. 163; 1952, p. 24.) NOTE: See editorial note following Code Section 49-613.
LQst Papers.
63-103. (5328) Compensation of ordinary.--The compensation of the ordinary for all services in such cases shall be the sum of $5. (Acts 1876,p.l02)
Mental Health.
88-1620. Expenses of hearing; how paid.--The ordinary shall draw his warrant upon the treasurer of his county for such sum or sums as shall be actually necessary or requisite to defray the expenses of the hearing provided for in section 88-1606 and for conveying such patient from such county to the hospital. The sum to be paid to the members of the examining committee shall not exceed $10 and actual expenses to each membere The total costs to be paid to the ordinary for such hearing shall be the sum of $25. In the event the application is dismisseo as provided in section 88-1606(f), the cost of the ordinary shall be $10: Provided, however, that no money shall be drawn from the county treasury for the purposes herein set forth when the patient, his estate, or person or persons legally obligated or responsible for the support of such person, shall be able or sufficient to defray such expenses. The cost on appeal to the superior court shall be the same as provided for in other appeals from the court of ordinary. (Acts 1960, pp. 837, 852.)
Nyisances- Abatement.
72-207. (5339) Grist or sawmill or other water machinery; manner of abatement; fees of ordinaries, witnesses, and jury.--When it may become necessary for the ordinary, or other tribunal authorized by this Code 50 to do, to cause a jury to be summoned and impaneled to try a cause of nuisance arlSlng from water machinery, milldam, or otherwise, the ordinary, witnesses, and jurors shall be al1o~~d such fees in said causes as are allowed by law in like cases in superior courts. (Act 1837, Cobb 361.)
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Ordinaries' Courts Rnd Proceedings Therein.

\

24-2109. (48l~) Proceedings must be filed and recorded.--The proceedings shall always be kept of file, and whenever the order is granted the proceedings shall be recorded in a book to be kept for that purpose, for which the ordinary shall receive the same fees as are allowed clerks of the superi~r courts for similar services.

Powers, Election, Qualification, and fees.

24-1716. (4827) Fees in qeneral.--The ordinaries are entitled to the following fees, to wit:

LETTERS OF ADMINISTRATION.

Temporary.

Receiving applications Docketing and filing applications Services in determining necessity for temporary administration and entitlement of petitioner, or other nominee thereto Order appointing $1.00, recording same 51.00 Recording application Bond, taking, approving, filing and recording Oath 75, recording same 75 Letters, issuing
Recording letters

$3.00 3.00
4.00 2.00 1.00 2.00 1.50
2.~0
1.00

$20.00

Permanent.

Receiving applications 3.00

Docketing and filing application 3.00

Granting and issuing citation and copy for legal gazette $1.50, re-

cording same $1.00 2.50

Services in determining: statutory compliance in publication of

citation, residence and intestacy of deceased, necessity for ad-

ministration, and entitlement of petitioner or other nominee

thereto

.. 5.00

Order of appointment $1.00, recording same 11.00 2.00

Recording application 1.00

Bond, taking, approving, filing and recording 3.50

Oath 75, recording same 75 1.50

Letters, issuing 2.50

Recording letters 1.00

$25.00

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WIll.S. Cost of Probating in Common Form.

Receiving and filing will Receiving application Docketing and filing application Hearing evidence on probate and determining issue of devisavit vel non Order of probate and appointing executor $1.00, recording same
$1.00
Recording will at 20 per 100 words, minimum Letters, issuing Recording letters

$3.00 3.00 3.00-
4.00
2.00 1.50 2.50 1.00

$20.00

Cost of Probating in Solemn Form.

Filing will for purpose of probating "in solemn form" Receiving application Docketing and filing application Order for service, including all citations issued in connection therewith $1.00, recording same $1.00 Hearing evidence upon the probate and determining issue of devisavit vel non Order of probate and appointing executor (or order denying same) $1.00, recording same $1.00 Recording application, acknowledgements, subscribing witnesses' affidavits, etc., at 20 per 100 words, minimum $2.00 Oath of executor 75, recording same 75 Letters, issuing Recording letters

3.00 3.00 3.00
2.00
5.00
2.00
2.00 1.50 2.50 1.00
$25.00

Other costs of Probating in Solemn Form.

Renunciation of executorship and order Election of widow to take under will and order ~uplicate, triplicate, etc., letter (where more than one executor) $1.00 for each after first ..
Filing caveat Filing demurrer or other plea All other orders not above provided for, $1.00, recording same
$1.00

2.00 2.00
1.00 3.00 3.00
2.00

Guardian Ad Litem. (In Probate of Wills in Solemn Form and in all other Proceedings where such is Necessary).

Services in determining necessity for the appointmen~ of guardian ad litem $1.00, recording order $1.00 ...... Receiving, examining and recording answer of guardian ad litem
Copy of service, each

2.00 2.00 1.00

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Letters of Guarrlianship. (Includes Temporary, Permanent Guardianships of all Kinds).

Receiving application Docketi ng and fil ing appl i cation and issuing a II necessary ci tations, if any Services in determining necessity therefor and entitlement of petitioner or other nominee thereto Order appointing guardian Sl.OO, recording order $1.00 Bond, taking, approving, filing and recording Oath 75, recording oath 75 Letters, issuing Letters, recording _ Recording application and all other proceedings at 20 per 100 words, minimum

$3.00
3.00
4.00 2.00 2.00 1.50 2.50 1.00
1.00

$20.00

Year's Support.

Whole service(recording excepted) 13.00 Recording proceeding at 20 per 100 words, minimum 2.00

$15.00

Conveying or incumbering a Year's Support.
Whole service (recording excepted) ~ 13.00 Recording proceeding at 20 per 100 words, minimum 2.00

$15.00

Division in Kind.

Receiving application Docketing and filing application Order appointing freeholders Recording order
Commission to freeholders Recording proceedings at 20 per 100 words, minimum Recording plat (See clerk's fees)

3.00 3.00 1.00 1.00
2.00
1.00

Compromise Claim.

Receiving application Docketing and filing application Services in hearing evidence for determination of the matter Final order $1.00, recording same $1.00 Recording the other proceedings at 20 per 100 words, minimum

3.00
3.00 4.00 2.00
1.00

$13.00

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Returns -- Annual and Final.
Receiving return Filing, docketing and examining annual and final returns of executors, administrators, guardians and trustees, of all estates not worth more than $5,000 And on estates worth more than $5,000 Oath and recording same Order admitting return to record $1.00, recording same $1.00 Recording return at 100 words, minimum Recording each voucher filed with the return, 20 each
Dismission of Administrator, Executor or Guardian.
Receiving application Docketing and filing application Granting citation and recording same Services in determining: statutory compliance in publication of citation and entitlement of applicant to dismission Letters, issuing Letters, recording Recording application at 20 per 100 words, minimum
Habeas Corpus.
Receiving application Docketing and filing application Issuance of writ $1.00, recording same and entry of service $1.00 Filing answer to respondent Hearing case Recording proceedings at 20 per 100 words, minimum
Order of Title.
Receiving application Docketing and filing application Granting citation Hearing evidence and determining matter Order $1.00, recording order $1.00 Recording proceedings at 20 per 100 words, minimum
Establish Lost Papers.
Receiving application Docketing and filing application Granting citation or notice $1.00, recording same and all entries of ~prvice $1.00..... Hearing case Order $1.00, recording order 51.00 Recording proceedings at 20 per 100 words, minimum

$3.00
3.00 6.00 1.00 2.00 1.00
.20
3.00 3.00 1.00
4.00 2.50 1.00
.50
$15.00
3.00 3.00 2.00 3.00 5.00 2.00
3.00 3.00 1.00 4.00 2.00 2.00
...........
$15.00
3.00 3.00
2.00 4.00 2.00 1.00
$15.00

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Homesteads.

For the whole service in setting apart of homestead of realty and personalty when not litigated $10.00 Where objections or demurrer is filed and hpard. in addition to the proceeding ($10.00) _ ~.OO
Surveyor, actual charge made Clerk Superior Court for recordings, 20 per 100 words Plat

Exemptions.
For whole service in setting apart short homestead exe~ption Certified copy to party ~

3.00 2.00

Lunacy.

For whole service in connection with each lunacy case For services when petition filed but subsequently withdrawn or dismissed before hearing

20.00 10.00 .

Restoration to Sa~ity.

For whole service in connection with each case by ordin3ry t~ be filed as part of the require~ costs at time of filing petition

Inventory and Appraisement.

Whole service for same Recording entire proceedings at 20 per 100 words, minimum

8.00 2.00

$10.00

Sale of Realty, Personalty or Perishable Property.

Whole service for same Recording entire proceedings at 20 per 100 words, minimum

8.00 2.00

$10.00

Sale Bill.

Order $1.00, recording same $1.00 Return at 20 per 100 words, minimum

2.00 2.00

No Administration.

Receiving application Filing and docketing same Granting and issuing citation ahd copy for legal gazette 51.50, re-
cording $1.00
R~cording oath and all acknowledgements of service Service in determining: statutory compliance in publication of citation, intestacy of decedent, his heirs and being sui juris, propperty of decedent, no debts, and agreement to amicably divide estate, etc

3.00 3.00 2.50 1.00
5.00

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Issuing order of "No administration necessary" '52.";0 Recording order 1.00 Recording proceedings at 20 per 100 words, minimum 2.00

Petition for Attorney's Fees.

Receiving application e Filing and docketing the same Services in hearing and determining allegations of application Order $1.00, recording $1.00 Recording proceedings at 20 per 100 words, minimum

3.00
3.00
4.00 2.00 1.00

$13.00

Public Safety Patrol Trials.

Holding trial 5.00 Issuing warrant 2.50

Miscellaneous.

Applicant to pay all publication fees of citations, notices, etc. at the usual legal rate, in all matters when such required.

For receiving any application, petition, or case where no fees are

prescribed 3.00

For every case litigated before the ordinary where no fees are pre--

scribed 4.00

For filing and docketing any application, petition or case where no

fees are prescribed 3.00

For every order passed where no fees are prescribed $1.00, record-

ing same $1.00 . 2.00

"Provided that no fee shall be charged for drawing checks, orders,

drafts, or warrants on the county treasury or county depository."

For each affidavit where no case is pending before ordinary .50

'~or every service required and performed where no fees are specified,

the same fees are allowed the clerks of the superior courts for similar

services for a like amount of 1abor shall be allowed."

For issuing process against a person for not making return 1.00

For each additional copy 1.00

For rule nisi 1.00

For copy 1.00

For each subpoena .15 For recording any instrument of writing not herein mentioned, per

100 words .. .20
For services in toll bridge cases 5.00

For hearing election contests, to be taxes as costs per day 10.00

For every stray goat, hog, or sheep .50

For every retailer's license For copying and administering oath to retailer For recording marks and brands ~. For comparing and testing weights and measures and stamping and mark-

1.25 .75
.50

ing each .15

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For abstracts of all records, per 100 words, 20 $ .20

For services in his action upon the roster of each company of State troops in Civil War, where no objections filed (Acts 1897, p.l07) 3.00 For all services where objections are filed, in addition to the above 5.00

For each new name on the list of disqualified voters, each year pre-

pared, listed and filed .:

Entire service in so listing not to be less than (including said fees) per day 2.00 For services in election contests, for removal of county sites, per day. 2.00 For entering an appeal and transmitting the proceeding to superior court. 2.50

For filing and recording an official bond of county officers (to be paid by county) ~ , 1.50 For taking and recording oath of county officer (to be paid by county) 1.50

For each fie fa. issued by the ordinary 1.50

For seal and certificate, each

. 1.00

For every soldier's license ~ ~ 1.00

For every explosive permit

. .25

For every peddler's license 1.50

For certified copy of letters administration, letters testamentary, or

guardianship, including seal and certificate 2.00

For services in making settlement of accounts of executors, administra-

tors, and guardians (when contested) 12.00

For filing and docketing any caveat against administration being granted

or will approved 3.00

For registration of corporation, business, profession, or commodity

subject to special tax, each 1.00

For every application for marriage license (whole service) 2.00

For every marriage license, issuing and recording (whole service) 2.00

For every pistol license, application, and bond 2.00

For preparing all papers, appointing managers, consolidating returns in

general and special election, each ballott box 5.00

For granting citation to show cause why administrator should not be set

aside or replaced ~ 3.00

For issuing commission to examine witnesses 3.00

For examining book and giving extract or fact that information sought is

not therein ~ 1.50

For every stray horse, mule, or ass for every legal service required 3.00

For every stray bull, ox, or cow, for all services required 1.75

For proceedings under Adulterated Syrup Act (Acts 1902,p.l02) 3.00

For issuing license to one engaged in business of lending money on house-

hold goods,etc. (Acts 1904, p.83) 1.50

For receiving deposit of samples of fertilizer,each .10

For forwarding copy of a defaulting taxpayer's corrected return and

affidavit to the comptroller general to be paid by taxpayers 1.00

For receiving, filing and keeping on file the will, or authenticated copy

of will, of person still in life 1.00

The schedule of fees herein contained shall not be deemed or held to be exhaustive, and the ordinaries of this State shall be entitled to charge
and collect any other fees for their services as now provided by law unless the same is in conflict wi th the provisions hereof. The fees herein prescribed for the ordinaries of this State, shall be
applicable to all of the ordinaries of this State, it being the intention
of this law that the fees of such ordinaries as set out herewith in this
section shall be uniform in all of the counties of the State. (Act 1792,
Cobb, 352. Act 1824, Cobb, 358. Acts l85l-2,p.97; 1855-6,p.147; 1857, p.49; 18~6, pp.40,4l; l870,pp.67,68;1882-3,p.61;1889,p.76;1889,p.79, 1939,p.210;1950,p.l40;1958,p.354,355.) NOTE: See Editorial Note followino this Code Section.
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.e
24-1717. (1142 P.C.) Fee for recording seducer's bond.--Ordinari~s, for filing and recording on the minutes the bond reauired of a seducer when he obtains a marriage license, shall have a fee of $1; to be paid by the seducer.(Acts 1893, p.39) NOTE: See Editorial Note following this Code Section. reservation of Historical Matter. 23-2603. Record and index. Filing fee.--The ordinary shall be required to keep a suitable record and index in a book prepared for that purpose of all matter placed in said historical container, with notations as to the nature of the matter on file, by whom, and when placed on file, and said ordinary shall be entitled to a fee of 25 cents payable by the person filing such historical matter with the ordinary, for each article or document so deposited by such person for preservation with the ordinary. (Acts 1935, p. 383). Wills. Descent and Administration Qf Estates - Sales and Conveyances. 113-1731. Private sale of rights of way and easements; binding effect, purchaser's responsibility; costs and fees on application.--The ordinary shall receive the same fees as for like services in other matters of a similar nature, provided that the total cost of anyone proceeding shall not exceed $10. The cost shall be paid out of the proceeds of the sale when the application is approved. (Acts 1943, pp. 236,240.)
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