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2018 Georgia Code 20-2-396 | Car Wreck Lawyer

TITLE 20 EDUCATION

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

ARTICLE 9 LOCAL PUBLIC SCHOOL FINANCES

20-2-396. Use of borrowed money.

When any money shall be borrowed under this part, it shall be paid over to the county school superintendent and become a part of the public school fund of the county. The superintendent shall be responsible for any money borrowed and received under the authority of this part in the same way and to the same extent that he is responsible for any other public schools funds.

(Ga. L. 1919, p. 288, § 101; Code 1933, § 32-927; Ga. L. 1964, p. 169, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, a decision under former Code 1910, § 1551(108), which was subsequently repealed but was succeeded by provisions in this Code section, is included in the annotations for this Code section.

County superintendent is the responsible disbursing officer of borrowed funds. Ferguson v. Smith, 27 Ga. App. 806, 110 S.E. 42 (1921) (decided under former Code 1910, § 1551(108)).

Cited in Hicks v. Groves, 177 Ga. 574, 170 S.E. 877 (1933); Leoles v. Landers, 184 Ga. 580, 192 S.E. 218 (1937).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 263, 346. 68 Am. Jur. 2d, Schools, § 115.

C.J.S.

- 78 C.J.S., Schools and School Districts, § 144. 78A C.J.S., Schools and School Districts, § 726.

ALR.

- Particular purposes within contemplation of statute authorizing issuance of bonds or use of funds by school district for specified purposes, 124 A.L.R. 883.

PART 2 R ECEIPT AND DISBURSEMENT OF FUNDS

20-2-410. Liability for and distribution of funds.

When the funds drawn under apportionment and any funds raised by local taxation are placed in the hands of any county school superintendent, he shall be liable on his official bond as treasurer for all amounts received and shall disburse the funds only upon the order of the county board of education; and the superintendent shall not be entitled to compensation for receiving any funds as provided in this Code section.

(Ga. L. 1919, p. 288, § 114; Code 1933, § 32-941.)

JUDICIAL DECISIONS

County superintendent cannot contract debt on behalf of county board without previous authority from board; nor, in the absence of such authority, can the county superintendent dispose of county funds before the funds are collected. American Ins. Co. v. Seminole County Bd. of Educ., 51 Ga. App. 808, 181 S.E. 783 (1935).

Cited in Mathew v. Ellis, 214 Ga. 665, 107 S.E.2d 181 (1959).

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, §§ 110, 115.

C.J.S.

- 78 C.J.S., Schools and School Districts, §§ 228 et seq., 699 et seq.

ALR.

- Right of school district to maintain action based on misapportionment of school money, 105 A.L.R. 1273.

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