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O.C.G.A. § 36-7-13 — Persons who may perform duties of office when there is no county surveyor; oath; liability | Georgia Code

O.C.G.A. § 36-7-13 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 36 LOCAL GOVERNMENT

Section 7. County Surveyor, 36-7-1 through 36-7-16.

ARTICLE 2 COUNTY GOVERNING AUTHORITIES

36-7-13. Persons who may perform duties of office when there is no county surveyor; oath; liability.

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.
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.

(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.)

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) (see O.C.G.A. § 36-7-13).

Cited in Irby v. Raley, 88 Ga. App. 807, 78 S.E.2d 72 (1953).

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