ARTICLE 1
GENERAL PROVISIONS
15-16-6. Examination and approval of bond.
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The bond given by the sheriff shall be approved by the judge of the probate court and then deposited in the office of the clerk of the superior court until the first session of that court thereafter, when the presiding judge shall examine the bond. If it has been taken in conformity to the law and if the sureties thereon are sufficient, the judge shall so declare by order and shall have the bond and order entered on the minutes of the court. If the bond has not been taken in conformity to the law, the sheriff shall give other bond, which the judge of the superior court is authorized to take and have entered on the minutes.
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If a new term of the superior court is begun in the county before the judge of the probate court has approved the sheriff's bond, the judge of the superior court may approve it in the first instance, being careful to take the opinion of the judge of the probate court as to the solvency and sufficiency of the surety.
(Laws 1799, Cobb's 1851 Digest, p. 575; Laws 1845, Cobb's 1851 Digest, p. 217; Code 1863, §§ 325, 327; Code 1868, §§ 386, 388; Code 1873, §§ 350, 352; Code 1882, §§ 350, 352; Civil Code 1895, §§ 4373, 4375; Civil Code 1910, §§ 4907, 4909; Code 1933, §§ 24-2806, 24-2808.)
RESEARCH REFERENCES
C.J.S.
- 80 C.J.S., Sheriffs and Constables,
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7.
