§ 2.411. Executions; issuing; carrying out, etc.

All executions for the enforcement or collection of fines, assessments, forfeitures, public improvement costs or other claims, demands, or debts, except ad valorem taxes, shall be issued by the city clerk and bear teste in the name of the mayor or mayor pro tempore (unless otherwise provided), and shall be directed to the city marshal, chief of police, all police officers of the city, and to all and singular the sheriffs and constables of this state, and shall state the purpose or purposes for which issued, and shall be made returnable to the city council 90 days after the date of its issue; and it shall be the duty of the city marshal or other levying officer into whose hands such executions are placed to levy the same, to advertise the sale of the property so levied upon, and to sell the same in the same manner as sheriff's sales of real estate and constable's sales of personal property, are levied, advertised, and sold under common law executions, as nearly as is practicable. In such cases, the defendant in execution shall have the right to file an affidavit of illegality if such execution shall have issued illegally or if it is proceeding illegally in either of which cases such execution shall be returned by the levying officer to the Superior Court of Screven County for trial as in other cases of affidavit of illegality; provided bond shall be made as in other cases of illegality. Such sale shall have the same force and effect as a sheriff's or constable's sale of similar property, and the officer making such sale shall have the same power as a sheriff to put purchasers in possession. Whenever at any such sale no one present shall offer as much for the property levied upon as the amount of such execution together with all interests and costs thereon, after such property shall have been offered a reasonable time the city, through its authorized agent, shall bid on such property and shall purchase the same on behalf of the city for not more than the amount of such execution and costs, if the value of such property is sufficient to cover such principal, interest and cost, and the marshal or other officer making the sale shall make and deliver to the city a deed to the property so sold, and the title thus acquired by the city shall be and become perfect and valid when the owner's right of redemption, if any, shall have expired, and the marshal or other officer making the sale shall put the city in possession, and the city council shall have no right or authority to divest or alienate the title of the city to the property so purchased except by public sale for cash to the highest bidder in the manner prescribed by law or by ordinance of the city.

(1963 Ga. Laws, page 2030, § 14)