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2018 Georgia Code 45-3-31 | Car Wreck Lawyer

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 3. Official Oaths and Commissions, 45-3-1 through 45-3-31.

ARTICLE 2 COMMISSIONS

45-3-31. Officers commissioned under executive seal.

The commissions of all other civil officers, except constables and clerks of magistrate courts, of the state or county shall be under the seal of the office of the Governor, signed by the Governor, and countersigned by one of his secretaries. All officers of the militia of the grade of lieutenant or higher shall have commissions under the seal of the office of the Governor.

(Orig. Code 1863, § 130; Code 1868, § 125; Code 1873, § 134; Code 1882, § 134; Civil Code 1895, § 228; Civil Code 1910, § 263; Code 1933, § 89-202; Ga. L. 1983, p. 884, § 3-32; Ga. L. 1984, p. 22, § 45; Ga. L. 1987, p. 398, § 2.)

JUDICIAL DECISIONS

Judicial notice of officers holding commissions.

- The courts of Georgia are bound to take judicial notice of who are the public officers of the state holding under commissions issued by the Governor. Henson v. Airways Serv., Inc., 220 Ga. 44, 136 S.E.2d 747 (1964).

An inspector of fertilizer was not such a civil officer as must be commissioned by the Governor under this section. Talmadge v. Cordell, 167 Ga. 594, 146 S.E. 467 (1928).

Cited in Jones v. Mills, 216 Ga. 616, 118 S.E.2d 484 (1961); Foster v. Kelly, 107 Ga. App. 801, 131 S.E.2d 587 (1963).

OPINIONS OF THE ATTORNEY GENERAL

County school superintendents entitled to commission.

- All county school superintendents, whether elected by the people under the Constitution or elected by the local board of education under a local constitutional amendment, are entitled to a commission under this section. 1954-56 Op. Att'y Gen. p. 193.

The sheriff is an officer commissioned by the executive department. 1974 Op. Att'y Gen. No. U74-29.

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