Requirements of section not absolute.

- None of these provisions, Ga. L. 1917, p. 199, §§ 1, 2, and Ga. L. 1924, p. 86, §§ 1, 2 (see O.C.G.A. §§ 36-1-8,36-6-16 and36-6-17), make the statutory requirements absolute. Century Indem. Co. v. Fidelity & Deposit Co., 175 Ga. 834, 166 S.E. 235 (1932).

It must be observed that neither Ga. L. 1917, p. 199, § 1 (see O.C.G.A. § 36-6-16) nor Ga. L. 1924, p. 86, §§ 1, 2 (see O.C.G.A. § 36-1-8) make the statutory requirements absolute; county treasurers may follow the provisions of either of these statutes, and thereby become absolutely safe from loss, as well as making safe the public funds with which they are entrusted; however, it appears the treasurer may keep the funds in the treasurer's possession so long as the treasurer is prepared to pay the funds out when lawfully authorized and required so to do. Allen v. Henderson, 48 Ga. App. 74, 172 S.E. 94 (1933).

Right to receive deposit not conditional upon giving bond.

- Former Code 1933, § 23-1018 (see O.C.G.A. § 36-6-17) did not purport to condition the right to receive the deposit upon the giving of a bond but fixed a duty on the depository which has undertaken so to act to give a bond to the treasurer sufficient to protect the treasurer officially from any loss. Hancock County v. Hancock Nat'l Bank, 67 F.2d 421 (5th Cir. 1933).

Fact of deposit is not default.

- County treasurers in Georgia very generally deposit the treasurers' public funds in a bank as a convenient and safe method of handling. Such deposits have never been considered as amounting to a default. Century Indem. Co. v. Fidelity & Deposit Co., 175 Ga. 834, 166 S.E. 235 (1932).

Treasurer liable if unable to produce funds.

- Notwithstanding such deposits, the treasurer and the treasurer's bondsmen are liable, if the funds are not forthcoming when officially required. Century Indem. Co. v. Fidelity & Deposit Co., 175 Ga. 834, 166 S.E. 235 (1932).

Cited in Hancock County v. Hancock Nat'l Bank, 67 F.2d 421 (5th Cir. 1933); American Sur. Co. v. City of Thomasville, 73 F.2d 584 (5th Cir. 1934); Austin-Western Rd. Mach. Co. v. Fayette County, 99 F.2d 565 (5th Cir. 1938).

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Funds, § 7 et seq.

C.J.S.

- 20 C.J.S., Counties, §§ 195, 205, 206. 26B C.J.S., Depositaries, § 40 et seq.