, and the minutes, records and other books and files that are required by law to be kept for the superior court shall in the same manner, so far as the jurisdiction of said Civil Court of Bibb County may render necessary, be kept in and for said Civil Court of Bibb County; provided that the Clerk of said Civil Court of Bibb County shall not be required to keep a book of final records, but shall see that the records are preserved in suitable files with all original papers in each case, which shall not be removed from said clerk's office except upon order of the Judge of said Civil Court of Bibb County upon good cause shown and then only upon receipt of counsel and such removal from the clerk's office shall not continue for a longer period than five days.' [Emphasis supplied.] "Does Section 13 of the aforesaid Act make the Civil Court of Bibb County a court of record within the meaning of Section 1 of the Georgia Civil Practice Act (Ga. L. 1966, pp. 609, 610)? See, in this connection, DeKalb County v. Deason, 221 Ga. 237 ( 144 S.E.2d 446)." A careful reading of the case of DeKalb County v. Deason, 221 Ga. 237 ( 144 S.E.2d 446) reveals "that the one essential feature necessary to constitute a court of record is that a permanent record of the proceedings of the court must be made and kept. A definition of such record generally accepted is that it is a precise history of a suit from its commencement to its termination, including conclusions of law thereon drawn by the proper officer for the purpose of perpetuating the exact state of facts."

That court was originally created in lieu of the justice of the peace court in the corporate limits of the City of Atlanta located in DeKalb County. Ga. L. 1951, pp. 2401-2416. In DeKalb County v. Deason, 221 Ga. 237 ( 144 S.E.2d 446) (1965), this court held that the court (then the Civil and Criminal Court of DeKalb County) was not a court of record. Thereafter the General Assembly (by Ga. L. 1968, pp. 2928, 2932) made it a court of record as that term is used in the Civil Practice Act, and its procedure is governed by the Civil Practice Act. Gresham v. Symmers, 227 Ga. 616 (2) ( 182 S.E.2d 764) (1971).

In Crosby v. Dixie Metal Co., 227 Ga. 541, which was a certified question from the Court of Appeals relating to the Civil Court of Bibb County, we held that the declaration of the legislature that the Civil Court of Bibb County was a court of record, coupled with provisions requiring the keeping of permanent records, constituted such court a court of record within the meaning of that term as used in the Civil Practice Act. In DeKalb County v. Deason, 221 Ga. 237 ( 144 S.E.2d 446), this court had for consideration another question certified to it by the Court of Appeals as to whether the Civil and Criminal Court of DeKalb County was then a court of record. That question was answered in the negative.

A court of ordinary is a court of record since it is required to keep fair and regular minutes of its sessions entered in a well bound book; to keep minutes of its proceedings; to keep a docket, and is empowered to punish for contempt. Code §§ 24-1804 (7), 24-2109-24-2113. DeKalb County v. Deason, 221 Ga. 237, 239 ( 144 S.E.2d 446). However, the Act is not applicable to any special statutory proceeding wherein specific rules of practice and procedure in conflict therewith are prescribed. Ga. L. 1966, pp. 609, 668; 1967, pp. 226, 241 ( Code Ann. § 81A-181).

" The definition of a court of record stated in DeKalb County v. Deason, 221 Ga. 237 ( 144 S.E.2d 446), would require such applications or motions to be in writing. The 1965 Appellate Practice Act ( Code Ann. § 6-804) provides that: "Any application to any court, justice or judge for an extension must be made before expiration of the period for filing as originally prescribed."

(b) We similarly find that the Municipal Court of Lawrenceville is not a court of record which would be authorized to grant new trials. In DeKalb County v. Deason, 221 Ga. 237 ( 144 S.E.2d 446) (1965), the Supreme Court of Georgia reviewed authorities from various jurisdictions to determine what constitutes a court of record. The Court found the following characteristics "indicative that a particular court is a court of record: (1) the court has power to fine and imprison; (2) the court exercises its functions independently of the person of the magistrate; (3) the court proceeds according to the course of the common law; (4) the court has a seal; (5) the acts and judicial proceedings are enrolled in parchment for a perpetual memorial and testimony, which rolls are called the record of the court and are of such high and supereminent authority that their truth is not to be called in question[.]"

The appellate courts of Georgia have some of the characteristics of a court of record in that the courts have seals; the acts and judicial decisions and opinions are enrolled for perpetual memorial but the judicial proceedings are not recorded by transcript; the appellate courts have the power to impose fine or imprisonment for contempt only as an inherent power of a court; the appellate courts function independently from the judges; the appellate courts are creatures of the constitution and statute and are not common law in origin; thus, the appellate courts are courts to correct errors of law, lack original jurisdiction, and are not "courts of record" as a trial court is a common law court and has original jurisdiction. DeKalb County v. Deason, 221 Ga. 237, 238 ( 144 S.E.2d 446) (1965); Bowen v. Ball, 215 Ga. App. 640, 641-642 ( 451 S.E.2d 502) (1994); see also Planters' Mechanics' Bank v. Chipley (Ga. Dec. pt. 1, 50) (1842). The clear intent of the General Assembly was that appellate courts not come within the ambit of OCGA § 9-15-14.

Article VI, Section I, Paragraph IV, of the Georgia Constitution provides that "courts of record may grant new trials on legal grounds." In DeKalb County v. Deason, 221 Ga. 237, 238 ( 144 S.E.2d 446) (1965), the Georgia Supreme Court found "[t]he presence of the following characteristics has been considered as indicative that a particular court is a court of record: (1) the court has power to fine and imprison; (2) the court exercises its functions independently of the person of the magistrate; (3) the court proceeds according to the course of the common law; (4) the court has a seal; (5) the acts and judicial proceedings are enrolled in parchment for a perpetual memorial and testimony, which rolls are called the record of the court and are of such high and supereminent authority that their truth is not to be called in question." The Supreme Court went on to find that "[i]t is generally accepted that the one essential feature necessary to constitute a court of record is that a permanent record of the proceedings of the court must be made and kept.

See Art. VI, Sec. VII, Par. I of the Georgia Constitution of 1945 ( Code Ann. § 2-4201); Ga. L. 1913, pp. 145, 158. While as to amounts of $300 or more the court now has the status of a court of record within the meaning of the Civil Practice Act, see Ga. L. 1956, pp. 3271, 3273, Section 23 (a); Cole v. Cates, 113 Ga. App. 540, 542 ( 149 S.E.2d 165). See DeKalb County v. Deason, 221 Ga. 237 ( 144 S.E.2d 446), dealing with what constitutes a court of record. We adopt the result reached in the thorough and learned examination of this topic contained in the opinion of the presiding judge of the Appellate Division of the Civil Court of Fulton County.

Section 3 of the Act of 1968 (Ga. L. 1968, pp. 2928, 2932). Compare DeKalb County v. Deason, 221 Ga. 237 ( 144 S.E.2d 446), decided prior to the Act of 1968. The Georgia Civil Practice Act, being a general law relating to that classification of courts known as courts of record must necessarily be controlling over any special law applicable to a particular court of record in a particular locality in conflict therewith.