O.C.G.A.

O.C.G.A. § 36-7-13 (2019)

Persons who may perform duties of office when there is no county surveyor; oath; liability

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) When there is no county surveyor, any person who is a citizen of this state and who holds a current and valid certificate of registration as a land surveyor issued by the State Board of Registration for Professional Engineers and Land Surveyors may perform the duties of county surveyor, when specifically required or appointed to do so, if first sworn to do the same faithfully and impartially, to the best of his skill and knowledge.

(b) Persons performing such service are on the same footing as county surveyors as to the special service rendered and are personally liable as such surveyors are officially liable.

History

Orig. Code 1863, §§ 556, 557; Code 1868, §§ 620, 621; Code 1873, §§ 579, 580; Code 1882, §§ 579, 580; Civil Code 1895, §§ 485, 486; Civil Code 1910, §§ 603, 604; Code 1933, §§ 23-1113, 23-1114; Ga. L. 1973, p. 636, § 1.

Annotations

Cross references. - Certification of land surveyors by State Board of Registration for Professional Engineers and Land Surveyors, T. 43, C. 15.

JUDICIAL DECISIONS Section mandatory upon processioners. - Upon application to processioners to mark anew a dividing line, the surveyor, where there is no county surveyor, must be chosen and qualified as provided by statute. Watkins v. Sailers, 65 Ga. App. 77, 15 S.E.2d 306 (1941). Oath mandatory. - When a private

surveyor is selected and performs the duties required of a county surveyor without first having taken the oath required under this section, the return of the processioners is void. Watkins v. Sailers, 65 Ga. App. 77, 15 S.E.2d 306 (1941). Cited in Irby v. Raley, 88 Ga. App. 807, 78 S.E.2d 72 (1953).