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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 36. LOCAL GOVERNMENT |
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Provisions PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES |
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Chapter 82. BONDS |
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Article 2. VALIDATION OF BONDS |
| Part 1. GENERAL PROVISIONS |
| § 36-82-20. Notice to district attorney or Attorney General of election or resolution favoring issuance of bonds or refunding bonds |
| § 36-82-21. Petition to superior court to show cause; service of petition and order; answers |
| § 36-82-22. Notice of superior court hearing on show cause order |
| § 36-82-23. Hearing and judgment on show cause order; parties to proceedings; appeal |
| § 36-82-24. Effect of judgment of validation |
| § 36-82-25. Entry of reference to judgment of validation on bonds; use of entry as evidence |
| § 36-82-26. Payment of costs of judicial validation proceedings |
| § 36-82-27. Procedure upon failure of district attorney or Attorney General to file petition with superior court generally |
| § 36-82-28. Effect of judgment of validation upon failure to file petition |
| Part 2. VALIDATION BY HOLDER OF BONDS ISSUED BY COUNTIES OR MUNICIPALITIES SUBSEQUENT TO ADOPTION OF CONSTITUTION OF 1877 |
| § 36-82-40. Authorization and procedure generally |
| § 36-82-41. Furnishing of indemnity bond by holder |
| § 36-82-42. Petition by holder to district attorney or Attorney General |
| § 36-82-43. Petition by district attorney or Attorney General to superior court; order to show cause; service of petition and order; answer |
| § 36-82-44. Hearing and judgment; parties to proceedings; appeal |
| § 36-82-45. Effect of judgment of validation |
| § 36-82-46. Applicability of Code Sections 36-82-22 and 36-82-25 |
| § 36-82-47. Payment of costs of proceedings |
REFS & ANNOS
TITLE 36 Chapter 82 Article 2 NOTE
JUDICIAL DECISIONS
DUTIES OF SUPERIOR COURT JUDGE SET FORTH. --Under the provisions of this article, a superior court judge's duties are simply to hear and determine all questions of law and fact in a proceeding brought by the solicitor general (now district attorney) in the name of the state and against the county or municipality or political subdivision to validate their proposed bonds. In such a proceeding the sole issue is whether the proceeding by the county or municipality or other political subdivision for the issuance of such bond was legal, that is, whether all the provisions of the law have been complied with. Clinkscales v. State, 102 Ga. App. 670, 117 S.E.2d 229 (1960) (see O.C.G.A. Art. 2, Ch. 82, T. 36).
CITED in Posey v. Dooly County Sch. Dist., 215 Ga. 712, 113 S.E.2d 120 (1960); Johnson v. State, 107 Ga. App. 16, 128 S.E.2d 651 (1962).
RESEARCH REFERENCES
ALR. --Constitutionality, construction, application, and effect of statute requiring judicial approval before issuance or sale of municipal or county bonds or obligations, 87 ALR 706; 102 ALR 90.
Printing, lithographing, or other mechanical signature on public bonds, coupons, or other public pecuniary obligation, 94 ALR 768.
DUTIES OF SUPERIOR COURT JUDGE SET FORTH. --Under the provisions of this article, a superior court judge's duties are simply to hear and determine all questions of law and fact in a proceeding brought by the solicitor general (now district attorney) in the name of the state and against the county or municipality or political subdivision to validate their proposed bonds. In such a proceeding the sole issue is whether the proceeding by the county or municipality or other political subdivision for the issuance of such bond was legal, that is, whether all the provisions of the law have been complied with. Clinkscales v. State, 102 Ga. App. 670, 117 S.E.2d 229 (1960) (see O.C.G.A. Art. 2, Ch. 82, T. 36).
CITED in Posey v. Dooly County Sch. Dist., 215 Ga. 712, 113 S.E.2d 120 (1960); Johnson v. State, 107 Ga. App. 16, 128 S.E.2d 651 (1962).
RESEARCH REFERENCES
ALR. --Constitutionality, construction, application, and effect of statute requiring judicial approval before issuance or sale of municipal or county bonds or obligations, 87 ALR 706; 102 ALR 90.
Printing, lithographing, or other mechanical signature on public bonds, coupons, or other public pecuniary obligation, 94 ALR 768.