Section 45-6-10. Duty of incumbent to deliver office property to successor -- Hearing on show cause order; arrest of person who fails to comply; search for and seizure of office property

   At the time appointed or at any other time to which the matter may be adjourned after a copy of the show cause order had been personally served on the person refusing to deliver the books, papers, and other office property, the judge shall proceed to inquire into the circumstances. If it appears that the books, papers, and other office property are withheld, the judge must order the same delivered immediately to the successor and on failure of the person so ordered to comply, the judge shall issue a warrant, directed to any officer of the county or of the adjoining county authorized to make an arrest, to arrest such person and commit him to jail, where he shall remain until he complies with said order or is otherwise discharged by law. At the same time and in the same way the judge shall command such officer to search such places as may be designated in the warrant for the books, papers, and other office property and to seize and bring them before him or some other official authorized to preside. If it appears that the books, papers, and other office property belong to the office, the judge shall cause them to be delivered to the successor. The payment of costs is in the discretion of the court. These proceedings do not interfere with Code Section 45-6-14 on this subject.

Orig. Code 1863, § 169; Code 1868, § 164; Code 1873, § 175; Code 1882, § 175; Civil Code 1895, § 272; Civil Code 1910, § 307; Code 1933, § 89-605; Ga. L. 1984, p. 22, § 45.