Bond with nonconforming contents taking the place of official bond.

- The law requiring a bond for the Commissioner of Agriculture, and the bond alleged to have been breached being the only bond given by the defendant as Commissioner of Agriculture, and being the bond under which the person served as Commissioner of Agriculture during the time alleged, the bond, even assuming if it was irregular in some respects, "stands in the place of the official bond." Talmadge v. McDonald, 44 Ga. App. 728, 162 S.E. 856 (1932).

Although the bond executed by a public official who was required by statute to execute a bond for the faithful performance of the duties of the office contained limitations upon the liability of the principal and the surety which were not permissible in the statutory bond, it was payable to the obligee required by the statute, and it was the intention of the parties to execute the statutory bond required of a public officer for the faithful performance of the duties of the office; therefore, the limitations were void, and the bond was to be considered as the statutory bond required. American Sur. Co. v. Googe, 45 Ga. App. 108, 163 S.E. 293 (1932).

Bond not properly executed and approved taking the place of official bond.

- When a bond was executed by a bank, which had been legally designated as a depository to receive money for a county in which the office of treasurer had been abolished, and the bond was conditioned upon the faithful discharge by the bank of its duties as county depository but was made payable to a designated person described therein as the ordinary "in and for said county, for the time being, and his successors in office," and, when the county was one which had a commissioner to whom the bond should have been made payable as required by former Civil Code 1910, § 571 (see now O.C.G.A. § 36-6-4), and the bond was approved by the ordinary (now probate judge), the tax collector, and the commissioner, as the "county depository commission," instead of by the commissioner, as required by that section, the bond was one indemnifying the county against loss of county funds while in the possession of the bank as the county depository; and while the bond was not executed and approved as required by law, it stood, by virtue of former Civil Code 1910, § 298 (see now O.C.G.A. § 45-4-20), in the place of the official bond required by law of a depository of county funds. Carter v. Veal, 42 Ga. App. 88, 155 S.E. 64 (1930).

Bond not properly executed creating common law liability.

- A bond of a public officer of this state, not made payable to the obligee designated by the statute requiring such bond, and not conditioned as prescribed by law, is not vitiated, but is a common-law undertaking rather than a statutory bond, and the surety on such a bond is only liable under the provisions contained in such bond. U.S. Fid. & Guar. Co. v. McCurdy, 51 Ga. App. 507, 180 S.E. 902 (1935).

Bond is binding even though not signed by the principal.

- When an official bond is made, delivered, accepted, and acted upon as an official bond, the same being a joint and several obligation under its terms and provisions, it is binding on both principal and surety, though not signed by the principal. U.S. Fid. & Guar. Co. v. McCurdy, 51 Ga. App. 507, 180 S.E. 902 (1935).

Officer and director of bank was not a public official within the meaning of this section. Green v. Perryman, 186 Ga. 239, 197 S.E. 880 (1938).

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 133, 134.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 473 et seq.

ALR.

- Liability of sureties on bond of public officer as affected by fact that it was not signed by him, 110 A.L.R. 959.