Actions on bonds taken from public officers may be brought by any person aggrieved by the official misconduct of the officer, in his own name, in any court in this state having jurisdiction thereof, without an order for that purpose. No such action shall be instituted or maintained in any other state. Except as authorized in this Code section, actions on bonds taken from public officers shall be brought in the name of the Governor and by his written consent or by the written consent of the obligee named in such bond, for the use of such aggrieved person; provided, however, that no action on the bond of any public officer of the state to recover damages flowing to the state or the public on account of the official misconduct of such officer shall be instituted or maintained unless brought in the name of the Governor for the use of the state and by his written authorization. Any such action on the bond of any public officer of any county or other political subdivision of the state to recover damages flowing to such county or other political subdivision or the public shall not be instituted or maintained unless brought in the name of the obligee in such bond for the use of such political subdivision and by the written authorization of the governing body of such political subdivision.
History. Ga. L. 1853-54, p. 57, § 1; Orig. Code 1863, § 14; Code 1868, § 12; Code 1873, § 12; Code 1882, § 12; Civil Code 1895, § 12; Civil Code 1910, § 12; Code 1933, § 89-420; Ga. L. 1959, p. 411, § 1.
Cross references.
Substitution of parties in action against public officer when officer dies, resigns, etc., during pendency of action, § 9-11-25 .
Editor’s notes.
Ga. L. 1959, p. 411, § 2, not codified by the General Assembly, provides that the Act shall be deemed to be remedial in nature and shall be given retrospective application. It shall apply to pending suits. The plaintiff in any action on the bond of any public officer of the State of Georgia then pending in any court outside of the State of Georgia may dismiss such action and renew the same in any court of this state having jurisdiction thereof within six months from March 18, 1959. In default thereof, the privilege granted by this section by the state is withdrawn and such action shall abate. Any such renewal action shall be deemed to have been filed on the same date as any such original suit.