2025 Code of Georgia
Title 45 - Public Officers and Employees (Chs. 1 — 25)
Chapter 4 - Official Bonds (§§ 45-4-1 — 45-4-30)
§ 45-4-21. Effect of failure of officer to mark bond or give required notice
If any officer whose duty it is to mark a bond filed and to give the several notices required in this chapter shall fail to do so without good and sufficient excuse, he shall be fined as for a contempt of court, in the discretion of the court, upon information being filed and a citation being served to appear before the superior court of the county of his residence.
History
Orig. Code 1863, § 153; Code 1868, § 148; Code 1873, § 159; Code 1882, § 159; Civil Code 1895, § 255; Civil Code 1910, § 290; Code 1933, § 89-413.
Annotations
JUDICIAL DECISIONS
Right of action against surety for breach of official duties. —A failure of a sheriff, by and through the deputy, to faithfully perform the duties of office, although the act may give rise to a cause of action ex delicto, constitutes a breach of the official bond given by the sheriff for the faithful performance of the duties of the office, as required by O.C.G.A. § 45-4-21. A right of action against the surety for the breach of the bond arises ex contractu. Powell v. Fidelity & Deposit Co., 48 Ga. App. 529, 173 S.E. 196, 1934 Ga. App. LEXIS 119 (1934).
Research References & Practice Aids
RESEARCH REFERENCES ALR.Conduct contemplated by statute which makes neglect of duty by public officer or employee a punishable offense, 134 A.L.R. 1250.
Hierarchy Notes:O.C.G.A. Title 45
O.C.G.A. Title 45, Ch. 4
