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Call Now: 904-383-7448All county officials who are required to give an official bond shall make bond signed by some surety or guaranty company authorized to do business in this state. The premiums due on all such bonds must be paid by the county fiscal authorities out of county funds, and it shall be mandatory upon the county fiscal authorities in every county in the state to pay the premiums due on all such bonds out of county funds. This Code section shall not apply to county school superintendents' bonds.
(Ga. L. 1947, p. 1543, § 1; Ga. L. 1949, p. 1190, § 1; Ga. L. 1951, p. 741, § 1.)
- For article on bond liability and righting the wrongs of Georgia local government officers, see 13 Ga. L. Rev. 747 (1979).
- Except for the payment of the premiums herein mentioned, a county has no liability in connection with the violations of the civil rights of any person by a county officer. Wayne County Bd. of Comm'rs v. Warren, 236 Ga. 150, 223 S.E.2d 133 (1976).
- When a surety company agrees to execute a surety bond of a public officer, it has the opportunity and should avail itself of every means of ascertaining exactly what position that officer occupies with respect to public funds for which the company assumes liability. Century Indem. Co. v. Fidelity & Deposit Co., 175 Ga. 834, 166 S.E. 235 (1932).
Cited in Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003).
- The intent of this section is to require these premiums to be paid out of county funds without any pro rata share being paid by the state. 1948-49 Op. Att'y Gen. p. 456.
§ 45-4-7 applies only to certain county officials. - The General Assembly intended this section to apply only to county officials who are required by law to give an official bond. 1948-49 Op. Att'y Gen. p. 462.
§ 45-4-7 applies to a deputy sheriff. - Deputy sheriff is "county official" within meaning of law and premiums on deputy's bond should be paid by county. 1957 Op. Att'y Gen. p. 37.
§ 45-4-7 applies to a sheriff. - A judgment against a sheriff elect for failure to account for and pay over county moneys must be paid before such individual is eligible to hold office, and a county must pay the bond premium on a sheriff regardless of the premium charged. 1976 Op. Att'y Gen. No. U76-58.
§ 45-4-7 does not apply to a constable. - A constable does not come under the provisions of this section relating to county officers posting surety bonds. 1952-53 Op. Att'y Gen. p. 24.
- 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.
- 63C Am. Jur. 2d, Public Officers and Employees, § 352.
- Right or duty of municipality, county, or other public body to pay premium on bond given by officer, 66 A.L.R. 795.
No results found for Georgia Code 45-4-7.