O.C.G.A.

O.C.G.A. § 45-4-21 (2019)

Effect of failure of officer to mark bond or give required notice

✓ 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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If any officer whose duty it is to mark a bond filed and to give the several notices required in this chapter shall fail to do so without good and sufficient excuse, he shall be fined as for a contempt of court, in the discretion of the court, upon information being filed and a citation being served to appear before the superior court of the county of his residence.

History

(Orig. Code 1863, § 153; Code 1868, § 148; Code 1873, § 159; Code 1882, § 159; Civil Code 1895, § 255; Civil Code 1910, § 290; Code 1933, § 89-413.)

Annotations

JUDICIAL DECISIONS Right of action against surety for breach of official duties. - A failure of a sheriff, by and through the deputy, to faithfully perform the duties of office, although the act may give rise to a cause of action ex delicto, constitutes a breach of the official bond given by the sheriff for

the faithful performance of the duties of the office, as required by O.C.G.A. § 45-4-21. A right of action against the surety for the breach of the bond arises ex contractu. Powell v. Fidelity & Deposit Co., 48 Ga. App. 529, 173 S.E. 196 (1934).

RESEARCH REFERENCES ALR. - Conduct contemplated by statute which makes neglect of duty by public

officer or employee a punishable offense, 134 ALR 1250.