2021 Georgia Code
Title 15 - Courts
Chapter 9 - Probate Courts
Article 1 - General Provisions
§ 15-9-7. Bond
The judges of the probate courts shall give bond or surety in the sum of $100,000.00, which amount may be increased in any county by local Act, for the faithful discharge of their duties as clerks of the judges of the probate courts. The county governing authority shall pay such bond.
(Ga. L. 1851-52, p. 91, § 14; Code 1863, § 297; Code 1868, § 357; Code 1873, § 321; Code 1882, § 321; Civil Code 1895, § 4222; Civil Code 1910, § 4780; Code 1933, § 24-1704; Ga. L. 1965, p. 453, § 1; Ga. L. 1975, p. 922, § 1; Ga. L. 1982, p. 3, § 15; Ga. L. 2018, p. 356, § 1-7/SB 436.)
The 2018 amendment, effective July 1, 2018, in the first sentence, substituted "shall give" for "must give" near the middle, substituted "$100,000.00" for "$25,000.00", and added the second sentence.
Cross references.- Official bonds generally, § 45-4-1 et seq.
JUDICIAL DECISIONS
Failure to take security from tax collector not breach of bond.
- Breach of the bond does not occur when the ordinary (now probate judge) failed to take security from a county tax collector. Smith v. Taylor, 56 Ga. 292 (1876).
Acts of de facto probate judge are valid.
- Ordinary-elect (now probate judge) is a de facto officer, whose acts are valid when the public, or third persons are concerned, even though the ordinary elect's (now probate judge's) bond was not approved until a later time. Merchants & Planters Bank v. Citizens Bank, 147 Ga. 366, 94 S.E. 229, 1918B L.R.A. 1122 (1917).
Dual nature of duties of probate judge.
- Duties of an ordinary (now probate judge), under the laws of this state, are of a dual nature - the person acts as judge of the court of ordinary (now probate court) and also as clerk of that court. Jones v. Reed, 58 Ga. App. 72, 197 S.E. 665 (1938).
Suit against probate judge for acts or omissions as clerk.
- Ordinary (now probate judge), or the ordinary's (now probate judge's) sureties alone, may be sued by the state, on the ordinary's (now probate judge's) bond payable to the governor for any act or omission which pertains to duties as clerk but not for judicial acts. An act imposing additional duties may provide for liability on the bond. State v. Henderson, 120 Ga. 780, 48 S.E. 334 (1904).
Ordinary (now probate judge) is not liable on the ordinary's (now probate judge's) bond for any judicial act, but the ordinary (now probate judge) is liable for any neglect or omission which pertains to the ordinary's (now probate judge's) duty as clerk. Jones v. Reed, 58 Ga. App. 72, 197 S.E. 665 (1938).
Presumption that probate judge received money in capacity as clerk of court.
- If there is a suit pending in the court of ordinary (now probate court), and the ordinary (now probate judge) issues thereon an order or judgment authorizing the payment of certain money into the court of ordinary (now probate court), nothing else appearing, and the ordinary (now probate judge) receives the money, it will afterward be presumed that the ordinary (now probate judge) received the money in the capacity as clerk of that court. Jones v. Reed, 58 Ga. App. 72, 197 S.E. 665 (1938).
RESEARCH REFERENCES
Am. Jur. 2d.
- 46 Am. Jur. 2d, Judges, § 10.
C.J.S.- 48A C.J.S., Judges, § 22.
