Upon the election of county police, each of them shall enter into a good and solvent bond, in a sum of not less than $1,000.00, to be fixed by the county governing authority, conditioned for the faithful performance of all their duties. Anyone injured or damaged by any one of such county police may bring an action upon his bond in his name or in the name of the county governing authority for his benefit or use.
(Ga. L. 1909, p. 156, § 6; Civil Code 1910, § 854; Ga. L. 1914, p. 142, § 6; Code 1933, § 23-1406.)
Law reviews.- For article on bond liability and righting the wrongs of Georgia local government officers, see 13 Ga. L. Rev. 747 (1979).
JUDICIAL DECISIONS
No change in general law.
- Nothing in this chapter (especially Ga. L. 1914, p. 142, § 6 (see now O.C.G.A. § 36-8-3)), which authorizes the appointment of county police officers, insofar as the statute may undertake to fix the liability of the sureties upon a county officer's bond, changes the general law as contained in former Civil Code 1910, § 291 (see now O.C.G.A. § 45-4-24). Hodge v. United States Fid. & Guar. Co., 42 Ga. App. 84, 155 S.E. 95 (1930).
Bond refers only to official duties.
- Bond required of a county police officer, wherein it is conditioned for the faithful performance by the officer of the officer's duties, has reference only to those duties which are incident to the office of county police officer, and not to those general duties incumbent upon every person as a member of society. Hodge v. United States Fid. & Guar. Co., 42 Ga. App. 84, 155 S.E. 95 (1930).
Cited in Levine v. Perry, 204 Ga. 323, 49 S.E.2d 820 (1948).
RESEARCH REFERENCES
Am. Jur. 2d.
- 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 15.
C.J.S.- 20 C.J.S., Counties, § 160.
ALR.
- Right of individual to maintain action on bond of peace officer, 19 A.L.R. 73.
Liability on bond of sheriff or other peace officer for unlawful search, 62 A.L.R. 855.