§ 10-118. Election, term, qualifications, powers, duties and bond of clerk; deputy clerks.

(a)

Thereafter, the said clerk shall be elected as is provided herein for the judge hereof. Any candidate for office as said clerk shall be 30 years of age and shall have resided in said county not less than three years at the time of election. The said court shall be a court of record, except in civil cases wherein the amount sued for does not exceed $300.00, and such clerk shall have authority to file all papers, suits, etc., sign and issue all summons, processes, criminal warrants, and executions, including the power to administer oaths and take affidavits and, among others, attachment and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, trover and bail, distress warrants and issues thereon, foreclosures of all liens on real estate and personal property, possessory warrants and dispossessory warrants and other like proceedings and processes, and make all necessary records and entries on the docket, and to perform such duties as required by the judge of said court, not inconsistent with the law. Said clerk shall give bond to be approved by the judge and payable to the governing authority of Cobb County in the sum of $100,000.00 for the faithful performance of his duties as clerk, the cost thereof to be paid for as other expense of said court.

(b) (1) The clerk of the state court of Cobb County shall, effective April 1, 1981, appoint a chief deputy clerk who shall serve until December 31, 1984, and until his successor is selected and qualified under paragraph (2).

(2)

a.
The successor to the chief deputy clerk of the state court of Cobb County whose term of office expires on December 31, 1984, and their successors shall be selected as provided in subparagraph b.

b.

Each candidate for the office of clerk of the state court of Cobb County shall, at the time he qualifies to run for the office of clerk, designate and certify to the judge of the probate court the name of the person who shall be his chief deputy clerk. The person so named by the clerk of the state court of Cobb County who is elected at each such election shall serve as the chief deputy clerk for a term of office to run concurrent with the term of office of the clerk and until his successor is selected and qualified.

(3)

In the event a vacancy occurs in the office of clerk of the state court of Cobb County for any reason, the chief deputy clerk shall, upon taking the oath of office prescribed for the clerk, fill the unexpired term of the clerk and until his successor is elected and qualified. The chief deputy clerk is authorized, during the clerk's absence, to discharge all of the duties and powers of the clerk. The chief deputy clerk is also authorized, when directed by the clerk, to discharge any and all of the duties and powers of the clerk. The clerk is authorized to designate appropriate deputy clerks under his jurisdiction who shall be authorized to perform any and all duties and powers of the clerk as the clerk or, in his absence, the chief deputy clerk may delegate.

(4)

The salary of the chief deputy clerk shall be [as fixed by law] per annum to be paid in equal monthly installments from the funds of Cobb County.

(5)

In the event a vacancy occurs in the office of chief deputy clerk of the state court of Cobb County for any reason, the clerk of the state court shall, within 30 days, appoint a chief deputy clerk who shall serve for the unexpired term and until his successor is selected and qualified. The clerk of the state court shall certify the name of the chief deputy clerk to the judge of the probate court, and the chief deputy clerk shall take office upon taking the oath of office.

(c)

Henry L. Williams, the present clerk of said court, appointed as provided by law, is hereby confirmed as clerk of said court, and he shall be the clerk of said court through December 31, 1968, and until his successor is duly elected or appointed and qualified.

(1964 Ga. Laws (Act No. 1006), page 3211, § 17; 1966 Ga. Laws (Act No. 293), page 2904, § 4; 1968 Ga. Laws (Act No. 965), page 2948, § 2; 1969 Ga. Laws (Act No. 190), page 2460, § 1; 1979 Ga. Laws (Act No. 148), page 3481, § 3; 1981 Ga. Laws (Act No. 431), page 4212, § 1; 1985 Ga. Laws (Act No. 279), page 4334, § 1; 1985 Ga. Laws (Act No. 331), page 4508, § 1; 1989 Ga. Laws (Act No. 165), page 4205, § 1; 1990 Ga. Laws (Act No. 912), page 4343, § 1; 1995 Ga. Laws (Act No. 214), page 4248, § 2)