44 Ga. App. 538 | Ga. Ct. App. | 1932
Bibb County sued J. R. Hicks, sheriff of said county, and the surety on his bond, for certain money received by said sheriff from insolvent funds, which funds were paid into the city
This case is settled by the act of the General Assembly approved August 13, 1924 (Ga. L. 1924, p. 90), which changes the compensation of the sheriff and certain other officers in counties of a designated population from the fee system to the salary system after January 1, 1926. Section 8 of the act provides that “The salaries of the various officials herein fixed shall be their sole compensation [italics ours], and all fees accruing after January 1, 1926, are hereby abolished so far as the same constitutes the compensation of said officers.” The portion of the act referring to moneys which shall go to the counties includes costs, insolvent costs, fines, forfeitures, and fees, while the portion of the act referring to money which shall be paid to the officers for past services includes fees, cost, percentages, forfeitures, and penalties, and does not include or make reference to insolvent costs. This portion of the act which refers to fees going to officers for past service provides that “All fees, cost, percentages, forfeitures, and penalties which have accrued at the time this act becomes effective and to which any officer named herein is entitled and which remains uncollected at the time this act goes into effect, shall when collected (italics ours) be paid to the officer entitled to the same.” But the fee in any particular matter is to be paid “when collected,” and there is nothing in the
Judgment affirmed.