Title 36, Chapter 6, Section 16.1
( 36-6-16.1)
(a) It shall be lawful in all counties of this state having a
population of 600,000 or more according to the United States
decennial census of 1990 or any future such census for any county
officer and any officer of any court, including the superior court
in such counties, having in his possession and custody any funds,
including trust funds, held for the benefit of any third person or
litigant or for any purpose or subject to the order of any court or
other tribunal to deposit such funds for safekeeping in the treasury
of the county and to accept therefor the receipt of the treasurer or
other fiscal officer of such county. (b) The original custodian of such fund before making any deposit
may require the treasurer or other fiscal officer to execute in his
favor a special bond in an amount not less than the aggregate of all
funds so deposited and held by the treasurer or other fiscal
officer, which bond with security approved by the superior court of
such county shall be conditioned to repay or disburse all of such
funds under proper legal authority. In lieu of other security on
such bond, the treasurer or other fiscal officer may deposit in a
safe place a bond of the United States Treasury in an amount not
less than the aggregate of all deposits secured by such bond. (c) The treasurer of any county or other fiscal officer charged with
the custody of county funds may decline to accept funds from any
officer or officer of the court for deposit and safekeeping when in
the judgment of such treasurer or other fiscal officer the
conditions imposed are burdensome or would cause hardship or
financial loss. (d) Any officer or officer of the court who deposits funds in his
custody in the treasury of the county of such officer or officer of
the court shall be relieved of personal responsibility for the
safekeeping of such funds as may be entrusted to the treasury of the
county under this Code section. (e) This Code section shall not be interpreted to prevent or delay
the direct payment into the county treasury of all funds belonging
to such county and collected by or held by an officer or officer of
the court, but all of same shall be deposited immediately in the
county treasury without the requirement of any special bond. |