Any judge may administer oath if more than one.

- In this section, the article "the" is used before the noun "judge." It would not be a proper construction of the language, "the judge of the superior court," to hold that in a county, such as Fulton, where there are five superior court judges, this oath could not be administered to the sheriff by any one of these judges, for the reason that the statute requires this oath to be administered by "the judge," when in fact there was no such judge in Fulton County. This is a familiar illustration of the fact that the article "the," as used in statutes, is often used in the sense of any. Howell v. State, 164 Ga. 204, 138 S.E. 206, appeal dismissed, 275 U.S. 576, 48 S. Ct. 114, 72 L. Ed. 435 (1927).

Cited in Daniel v. State, 187 Ga. 411, 1 S.E.2d 6 (1939); Johnson v. United States Fid. & Guar. Co., 93 Ga. App. 336, 91 S.E.2d 779 (1956); Hannah v. State, 212 Ga. 313, 92 S.E.2d 89 (1956); Ga. Peace Officers Stds. & Training Council v. Anderson, 290 Ga. App. 91, 658 S.E.2d 840 (2008).

Qualification of emergency deputies with proper oath.

- If a number of emergency deputies are to be appointed, the emergency deputies may all be qualified at a joint meeting by a superior court judge if all counties involved are within the judge's circuit; if, however, other counties are to be served, proper oath must be taken within each such county. 1971 Op. Att'y Gen. No. U71-84.

Am. Jur. 2d.

- 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 14.

C.J.S.

- 80 C.J.S., Sheriffs and Constables, § 7.

ALR.

- Propriety and prejudicial effect, in criminal case, of placing jury in charge of officer who is a witness in the case, 38 A.L.R.3d 1012.