Duty of reelected legislative official to file bond.

- When an election for Commissioner of Madison County, a legislative office, was held in November, at which an incumbent was reelected to such office, it was the incumbent's duty to file an official bond with the ordinary (now probate judge) on or before January 1; and, upon the incumbent's own personal failure to do so, a vacancy in the office resulted. Compton v. Hix, 184 Ga. 749, 193 S.E. 252 (1937).

Failure by reelected official to file bond results in vacancy of the office.

- When, after November election, ordinary (now probate judge) received from Governor a commission and oath, and on December 18 notified the officer so reelected that the ordinary had them ready for the officer elect to qualify by filing an official bond and taking the oath, and the officer, having already on December 6 applied to a surety company to become a surety, but not having heard from the company, failed to do anything more until after the first day of January toward procurement of a bond than to inquire of the local agent; thus, allowing the prescribed time to expire without filing the bond, the failure to file bond was necessarily the fault of the officer elect, and resulted in a vacancy of the office. Compton v. Hix, 184 Ga. 749, 193 S.E. 252 (1937).

Disregard for the requirements of this section amounts to a forfeiture by the respondent of any claim to the office. Especially would this be true when it appears that, due to the respondent's neglect and delay in filing any bond, another person has been named to the office, and has qualified by taking the oath and making the bond required by law. Robert v. Steed, 207 Ga. 41, 60 S.E.2d 134 (1950).

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 130.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 483.

ALR.

- Constitutional, statutory, or charter provision as to time of taking oath of office and giving official bond as mandatory or directory, 158 A.L.R. 639.