O.C.G.A. § 45-4-22 (2019)
Effect of official act before bond approved and filed
(a) No public officer required by law to give bond shall perform any official act before his bond is approved and filed as required. (b) Any such public officer who shall perform any official act before his bond is approved and filed shall be guilty of a misdemeanor.
History
(Orig. Code 1863, § 150; Code 1868, § 145; Code 1873, § 156; Code 1882, § 156; Ga. L. 1895, p. 63, § 2; Civil Code 1895, § 252; Penal Code 1895, § 272; Civil Code 1910, § 287; Penal Code 1910, § 275; Code 1933, §§ 89-410, 89-9902.)
Annotations
JUDICIAL DECISIONS Vacancy in office created by failure to file bond. - When an election for
Commissioner of Madison County, a legislative office, was held in November, at
PUBLIC OFFICERS & EMPLOYEES
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 personal failure to do so, a vacancy in the office re-
sulted. Compton v. Hix, 184 Ga. 749, 193 S.E. 252 (1937). Cited in Century Indem. Co. v. Fidelity & Deposit Co., 175 Ga. 834, 166 S.E. 235 (1932); Patten v. Miller, 190 Ga. 123, 8 S.E.2d 757 (1940).
RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Public Officers and Employees, § 130.
C.J.S. - 67 C.J.S., Officers and Public Employees, §§ 73, 473.