Title 45, Chapter 4, Section 25
( 45-4-25)
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. |