The district attorney of said judicial circuit shall diligently and faithfully collect
all fees, fines and forfeitures that may occur and become due in the superior courts
of said circuit and shall accurately account for and pay the same over to the treasury
of said county. The district attorney shall give bond in the sum of $25,000.00 in
a corporate surety company which has qualified under the laws of Georgia to do business
in said state and which has and maintains an office and place of business in Fulton
County. The premium on said bond shall be paid by the county as a part of and in the
same manner as the other operating expenses of the Criminal Division of Fulton Superior
Court. Wilful failure or refusal to pay over to the treasury of Fulton County, or
to such other officer authorized by law to receive the same, all moneys collected
for the said county under this article, shall constitute embezzlement, and shall be
punished as such, and when any person makes affidavit before the court or grand jury,
that in his judgment the district attorney is guilty of such embezzlement, and that
he desires to prosecute him, or the grand jury may present him for such an offense,
the court must instanter appoint some competent attorney-at-law to draw a bill of
indictment, and, when there is a true bill found, to put the district attorney under
a recognizance or in prison, until the appearance of the proper prosecuting officer;
and the governor of the state, upon the presentment of such facts to him, must suspend
such district attorney from office, pending the disposition of the case upon such
indictment, and upon conviction the said district attorney shall, by order of the
governor, be removed from office and a new district attorney appointed for the unexpired
term. These remedies and provisions are not exclusive but cumulative and in addition
to all existing and future laws applicable in cases of misfeasance, malfeasance and
nonfeasance in office.
(1924 Ga. Laws (Act No. 399), page 255, § 4)
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