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2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 3 - Official Oaths and Commissions
Article 2 - Commissions
§ 45-3-31. Officers Commissioned Under Executive Seal

Universal Citation: GA Code § 45-3-31 (2020)
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The commissions of all other civil officers, except constables and clerks of magistrate courts, of the state or county shall be under the seal of the office of the Governor, signed by the Governor, and countersigned by one of his secretaries. All officers of the militia of the grade of lieutenant or higher shall have commissions under the seal of the office of the Governor.

(Orig. Code 1863, § 130; Code 1868, § 125; Code 1873, § 134; Code 1882, § 134; Civil Code 1895, § 228; Civil Code 1910, § 263; Code 1933, § 89-202; Ga. L. 1983, p. 884, § 3-32; Ga. L. 1984, p. 22, § 45; Ga. L. 1987, p. 398, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

County school superintendents entitled to commission.

- All county school superintendents, whether elected by the people under the Constitution or elected by the local board of education under a local constitutional amendment, are entitled to a commission under this section. 1954-56 Op. Att'y Gen. p. 193.

The sheriff is an officer commissioned by the executive department. 1974 Op. Att'y Gen. No. U74-29.

CHAPTER 4 OFFICIAL BONDS

Sec.

  • 45-4-1. Bonds to be payable to Governor and conditioned upon faithful discharge of duties.
  • 45-4-2. Deputy's bond.
  • 45-4-3. Return of bonds; actions on bonds.
  • 45-4-4. Bonds of officers commissioned by Governor.
  • 45-4-5. Bonds to have sureties; number and qualifications.
  • 45-4-6. Corporate sureties authorized.
  • 45-4-7. County officials required to have corporate surety on bond; county to pay premiums.
  • 45-4-8. Attorney at law or county officer not to be surety.
  • 45-4-9. New bond and surety when surety relieved or insufficient.
  • 45-4-10. Effect of officer failing to comply with new bond and surety.
  • 45-4-11. Blanket bonds covering two or more political subdivisions, officers authorized; amount and coverage period; recording; entities.
  • 45-4-12. Approval and filing of bonds.
  • 45-4-13. Approval, filing, and recording of bonds of court clerks, magistrates, sheriffs, coroners, surveyors, treasurers, and tax collectors.
  • 45-4-14. Time for filing bonds.
  • 45-4-15. Filing time to be endorsed on bonds.
  • 45-4-16. Manner in which power of attorney to be attested and filed where bond signed by attorney in fact.
  • 45-4-17. Probate court judge to certify to Governor taking of oaths and giving of bonds.
  • 45-4-18. Certification of failure of officer to make and file bond.
  • 45-4-19. Notice to Attorney General of failure of officer to file bond.
  • 45-4-20. Nonconforming bond to stand in place of official bond though not approved and filed.
  • 45-4-21. Effect of failure of officer to mark bond or give required notice.
  • 45-4-22. Effect of official act before bond approved and filed.
  • 45-4-23. Places for keeping bonds.
  • 45-4-24. Bond obligations of principal and surety; conditions required for existence of cause of action on bond.
  • 45-4-25. Actions on bonds of public officers authorized; jurisdiction.
  • 45-4-26. Action on deputy's bond.
  • 45-4-27. Effect of recovery on bond upon subsequent proceedings.
  • 45-4-28. Officer's liability when bond exhausted or invalid and when acting without bond.
  • 45-4-29. Measure of damages in actions on official bonds.
  • 45-4-30. Applicability of chapter.
Cross references.

- Giving of bonds by persons collecting tax, revenue, or other moneys on behalf of state, political subdivision, and other entities, § 45-8-2 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Bond not required from forestry investigators.

- Forestry investigators provided for by former Code 1933, § 43-208 (see now O.C.G.A. § 12-6-20) were not "public officers" of the state, but are "employees" only, and as such are under no requirement to give bond or take an oath, other than the loyalty oath. 1952-53 Op. Att'y Gen. p. 95.

Former Code 1933, § 24-2805 (see now O.C.G.A. § 15-16-5) must be construed in conjunction with former Code 1933, § 89-402 (see now O.C.G.A. § 45-4-1 et seq.), relating to official bonds in general. 1976 Op. Att'y Gen. No. 76-31.

RESEARCH REFERENCES

ALR.

- Liability on general bond of public officer for acts covered by a special bond, 4 A.L.R. 1431; 140 A.L.R. 1459.

Liability of officer or his sureties in respect of public funds as affected by settlement or compromise agreement with other officials or board or committee, 103 A.L.R. 1048.

Statutory conditions prescribed for public officer's bond as part of bond which does not in terms include them, or which expressly excludes them, 109 A.L.R. 501.

Personal liability of public officer or sureties on his bond for nonperformance or improper performance of a duty imposed upon a board of corporate body of which he is a member, 123 A.L.R. 756.

Liability of public officer or his bond for loss of public funds due to insolvency of bank in which they were deposited, 155 A.L.R. 436.

Time from which interest begins to run on fidelity or public officer's bond, 57 A.L.R.2d 1317.

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