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2018 Georgia Code 45-4-6 | Car Wreck Lawyer

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

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

ARTICLE 2 COMMISSIONS

45-4-6. Corporate sureties authorized.

Guaranty or surety companies incorporated under the laws of this state or which have complied with all requirements to transact business in this state may become sureties upon the bonds of all state or county officers; and the various officers of this state whose duty it is to approve the sureties upon such bonds are authorized to accept such company or companies as one of the sureties or the only surety upon such bond, as the solvency of such company may warrant.

(Ga. L. 1889, p. 178, § 1; Civil Code 1895, § 247; Civil Code 1910, § 282; Code 1933, § 89-415.)

Cross references.

- Authorizing corporate surety in lieu of personal surety, § 33-24-48.

OPINIONS OF THE ATTORNEY GENERAL

Corporate surety liable for full amount of sheriff's bond.

- Sheriffs must be bonded by at least one corporate surety liable for full amount of the statutory bond penalty; it is not permissible for sheriffs to file separate corporate surety bonds, each for less than the surety penalty even when the assumed but fictitious total of the penalties under each bond equals the statutory penalty. 1976 Op. Att'y Gen. No. 76-31.

RESEARCH REFERENCES

ALR.

- Construction and applicability of provision of public officer's bond exempting sureties from liability for loss due to failure of bank or other depository, 98 A.L.R. 719.

Cases Citing O.C.G.A. § 45-4-6

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Eaves v. Harris, 364 S.E.2d 854 (Ga. 1988).

Cited 19 times | Published | Supreme Court of Georgia | Feb 16, 1988 | 258 Ga. 1

...instituted solely for the good of the whole. Public officers are trustees and servants of the people and are at all times amenable to them." Constitution of Georgia of 1983, Article I, Section II, Paragraph I. Removal of a public official under OCGA § 45-4-6 without a meaningful hearing not only denies the public official his right to due process, it abolishes the right of his constituents to have their duly elected official in office, and it denies the official a fundamental presumption in the...