Title 5, Chapter 4, Section 5
( 5-4-5)
(a) Before any writ of certiorari shall issue, except as provided in
subsection (c) of this Code section, the party applying for the
same, his agent, or his attorney shall give bond and good security,
conditioned to pay the adverse party in the case the sums sought as
an award to be recovered, together with all future costs, and shall
also produce a certificate from the officer whose decision or
judgment is the subject matter of complaint that all costs which may
have accrued on the trial below have been paid. The bond and
certificate shall be filed with the petition for certiorari, and
security on the bond shall be liable as securities on appeal. (b) The person authorized to receive bond and security may compel
the security tendered to swear upon oath the means by which he can
fulfill the bond obligation. Such action shall exonerate from
liability the person receiving the bond and security. (c) If the party applying for the writ of certiorari makes and files
with his petition a written affidavit that he is advised and
believes that he has good cause for certiorari to the superior court
and that because of his indigence he is unable to pay the costs or
give security, as the case may be, the affidavit shall in every
respect answer instead of the certificate and bond above-mentioned. |