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2018 Georgia Code 45-4-21 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 45-4-21 Case Law from Google Scholar Amendments to OCGA 45-4-21

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 4. Official Bonds, 45-4-1 through 45-4-30.

ARTICLE 2 COMMISSIONS

45-4-21. Effect of failure of officer to mark bond or give required notice.

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.

(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.)

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 A.L.R. 1250.

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