2021 Georgia Code
Title 45 - Public Officers and Employees
Chapter 4 - Official Bonds
§ 45-4-24. Bond Obligations of Principal and Surety; Conditions Required for Existence of Cause of Action on Bond

1. Every official bond executed under this chapter is obligatory on the principal and sureties thereon:
   1. For any breach of the condition during the time the officer shall continue in office or discharge any of the duties thereof;
   2. For any breach of the condition by a deputy, although not expressed in such bond, unless otherwise declared by law;
   3. For the faithful discharge of any duties which may be required of such officer by any law passed subsequent to the execution of such bond, although no such condition is expressed therein; or
   4. For the use and benefit of every person who is injured, either by any wrongful act committed under color of his office or by his failure to perform or by the improper or neglectful performance of those duties imposed by law.
2. No claim or cause of action shall exist against the bond, the surety, or the principal, and no claim or cause of action for indemnification by the surety against the principal shall exist, unless one of the following conditions exists:
   1. The principal personally benefits financially from the act complained of; or
   2. The principal was personally aware of and had actual knowledge of the act complained of; had actual knowledge that the act was illegal, contrary to law, or the breach of a duty imposed by law; and either acted to cause or failed to prevent the act complained of.

(Orig. Code 1863, § 154; Code 1868, § 149; Code 1873, § 160; Code 1882, § 160; Civil Code 1895, § 256; Civil Code 1910, § 291; Code 1933, § 89-418; Ga. L. 1975, p. 1089, § 1; Ga. L. 1990, p. 8, § 45.)

- For article considering the public official's potential liability for funds, losses and torts, and suggesting insurance coverage, see 11 Mercer L. Rev. 288 (1960). For article on bond liability and righting the wrongs of Georgia local government officers, see 13 Ga. L. Rev. 747 (1979).

ANALYSIS

• General Consideration
• Liability of Public Officers
• Liability of Sureties

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 130.

- 67 C.J.S., Officers and Public Employees, §§ 476, 489.

- Jurisdiction of action upon a bond of a public officer of another state or country, 26 A.L.R. 1001.

Personal liability of public officer for refusing to grant application for license, 85 A.L.R. 298.

Personal liability of officers to holders of invalid public money obligations, 87 A.L.R. 273.

Liability on bond of public official or employee as affected by change in principal's duties, 94 A.L.R. 613.

Liability of officer charged with duty of keeping record of instruments affecting title to or interest in property for mistakes or defects in respect to records, 94 A.L.R. 1303.

Liability of public officer or his bond for the defaults and misfeasances of his clerks, assistants, or deputies, 102 A.L.R. 174; 116 A.L.R. 1064; 71 A.L.R.2d 1140.

Personal liability of public officer or sureties on his bond to property owner for failure to present, or delay in presenting, checks given in payment of taxes, 105 A.L.R. 711.

Liability of sureties on bond of public officer as affected by fact that it was not signed by him, 110 A.L.R. 959.

Liability of surety on official bond as affected by principal's immunity from liability for malicious prosecution as an officer charged with duty of enforcing criminal laws, 116 A.L.R. 1348.

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.

Personal liability of public officials or bond for permitting insurance company or other corporation to engage or continue in business without complying with statutory requirements, 131 A.L.R. 275.

Liability on bond of public officer for second or other successive term in respect of funds received by principal during prior term, 132 A.L.R. 1084.

Conduct contemplated by statute which makes neglect of duty by public officer or employee a punishable offense, 134 A.L.R. 1250.

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

Liability of public officer and his sureties in respect of payments made without compliance with procedure prescribed for payment of claims, 146 A.L.R. 762.

Public officer's bond as subject to forfeiture for malfeasance in office, 4 A.L.R.2d 1348.

Personal liability of tax collector of state or its subdivision for illegal taxes collected, 14 A.L.R.2d 383.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it, 2 A.L.R.3d 822.

Liability of notary public or his bond for negligence in performance of duties, 44 A.L.R.3d 555.

Liability of notary public or his bond for wilful or deliberate misconduct in performance of duties, 44 A.L.R.3d 1243.

Uninvited entry into another's living quarters as invasion of privacy, 56 A.L.R.3d 434.

Governmental tort liability for injuries caused by negligently released individual, 6 A.L.R.4th 1155.