Statement of policy.

- This section is an expression of public policy by the lawmaking branch of the state, providing protection to public funds. It takes precedence over the generally recognized public policy in favor of free alienation of private property. Chero-Cola Co. v. May, 169 Ga. 273, 149 S.E. 895 (1929) (see O.C.G.A. § 36-6-8).

Scope of lien.

- Execution of an official bond creates a lien upon the property of the principal, and the property of the principal's sureties, for the payment of all liability that arises from breach of the bond. United States Fid. & Guar. Co. v. Richmond County, 174 Ga. 599, 163 S.E. 482 (1932).

No lien on property held in trust.

- When property is held in trust the property is not subject to an execution issued against trustees as principal and surety on a county treasurer's bond, notwithstanding at the time the bond was executed such trustees were the apparent owners of the land. Hurst v. Commissioners of DeKalb County, 110 Ga. 33, 35 S.E. 294 (1900).

Priority of lien.

- Conceding that this section creates a lien, the statute does not fix the priority of such a lien. Gormley v. Troup County, 178 Ga. 446, 173 S.E. 672 (1934) (see O.C.G.A. § 36-6-8).

Timing.

- When effort is made to arrest execution on property because the property is encumbered by a security deed, but it is not alleged that such deed is anterior in date to the bond of the treasurer, such effort will be unavailing. Roberts v. Dancer, 144 Ga. 341, 87 S.E. 287 (1915).

Rights of sureties.

- In view of a recognition by the personal sureties on a bond of the sureties' continued liability to the secured party under the bond, and of the necessary implication of a final judgment rendered, a court did not err in failing to make an express ruling upon the question of whether or not a purported cancellation entered on the original execution based on that bond was void. United States Fid. & Guar. Co. v. Clarke, 187 Ga. 774, 2 S.E.2d 608 (1939).

Cited in Century Indem. Co. v. Fidelity & Deposit Co., 175 Ga. 834, 166 S.E. 235 (1932); Traylor v. Gormley, 177 Ga. 135, 169 S.E. 850 (1933).

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 135.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 370.