Section 50-5A-6. Execution instanter against state treasurer when liable to state

   If the state treasurer fails to perform the duties of the office, misapplies or misuses the funds of the state, or fails to account for and pay over any moneys that he or she may have received by virtue of the office, whereby the state treasurer becomes liable to the state, it shall not be necessary to bring an action on the official bond; but the Governor may issue an execution instanter against the state treasurer and the securities for the amount due the state by the state treasurer, with penalties and costs. The execution shall be directed to all and singular sheriffs of this state and shall be executed by them. The state treasurer and securities shall have only those defenses allowed tax collectors against executions issued against them by the state revenue commissioner.

Ga. L. 1876, p. 126, § 14; Code 1882, § 97b; Civil Code 1895, § 195; Civil Code 1910, § 224; Code 1933, § 40-1005; Ga. L. 1972, p. 1015, §§ 408, 408B, 2102, 2104; Code 1981, § 50-5-7; Code 1981, § 50-5A-6, as redesignated by Ga. L. 1993, p. 1402, § 2; Ga. L. 1994, p. 97, § 50; Ga. L. 2010, p. 863, § 1/SB 296.