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2018 Georgia Code 20-2-104 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-104 Case Law from Google Scholar Amendments to OCGA 20-2-104

TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 5 LOCAL SCHOOL SUPERINTENDENTS

20-2-104. Superintendents' bonds.

Each county and independent system school superintendent must give bond with an approved surety company payable to the county or independent system board of education, the amount to be decided by the board. Such bond must be filed with the judge of the probate court of the county and a copy recorded on the records of the judge of the probate court; and it shall be the duty of the superintendent to send a certified copy of such bond to the State School Superintendent, which copy shall be recorded and kept on file at the State Board of Education.

(Ga. L. 1919, p. 288, § 150; Ga. L. 1925, p. 250, § 1; Code 1933, § 32-1005; Ga. L. 1973, p. 577, § 1; Ga. L. 1974, p. 428, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1910, § 1551(168), which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

If bond conforms to section, board must approve.

- If a person has been elected to the position of county school superintendent, and the Governor has duly issued a commission and forwarded the commission to be delivered to the person so elected upon giving bond and taking the oath as prescribed by law, and the bond, conformably to the statute, has been executed, and the amount of the bond and the sufficiency of the security has been approved by the board of education, it is the duty of the latter to approve the bond. Mattox v. Jones, 141 Ga. 649, 81 S.E. 861 (1914) (decided under former Code 1910, § 1551 (168)).

Bond conditioned upon faithful discharge of duties.

- Bond of the county school superintendent is an official bond; there being nothing in the law which prescribes a different condition, it is properly conditioned upon the faithful discharge of the duties of this office. Citizens' Bank v. American Sur. Co., 174 Ga. 852, 164 S.E. 817 (1932).

Superintendent liable for county funds lost on account of bank failure.

- When a county school superintendent makes a general deposit of the funds of the county board of education in a bank, which are lost on account of the subsequent failure of the bank, the superintendent is liable therefor on an official bond as county school superintendent, although the superintendent believed the bank solvent at the time of the deposit, and up to the time of the bank's failure it was so regarded and reputed by the public. American Sur. Co. v. Ne Smith, 49 Ga. App. 40, 174 S.E. 262 (1934).

Sureties on the bond are not liable for money borrowed by county board of education. Board of Educ. v. Fudge, 4 Ga. App. 637, 62 S.E. 154 (1908) (decided under former Code 1910, § 1551 (168)).

Cited in American Sur. Co. v. Citizens' Bank, 44 Ga. App. 57, 160 S.E. 546 (1931).

OPINIONS OF THE ATTORNEY GENERAL

County board may require county school superintendent to give additional bond or to increase security if, in the opinion of the board, the present bond is insufficient in amount or is inadequate as to security. 1957 Op. Att'y Gen. p. 105.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 130 et seq. 68 Am. Jur. 2d, Schools, § 115.

C.J.S.

- 78 C.J.S., Schools and School Districts, § 131.

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