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SUPREME COURT OF THE UNITED STATES. No. 802.—Ocroner Term, 1934. John ©, Lewis, as Receiver, etc, | On Certiorari to the Petitioner, | United States Circuit vs. Court of Appeals for the Fidelity & Deposit Co. of Maryland.} Fifth Cireuit. [June 4, 1934.] Mr. Justice BRANvEts delivered the opinion of the Court. Under statutes of Georgia, in force since 1879, a bank, state or national, may be appointed depository of state funds. To qualify it must give a bond for the faithful performance of its duty. A bond with surety creates a lien on all the bank’s assets, both those held at the time of the execution of the bond and those subsequently acquired! In July, 1928, the Governor of Georgia appointed The Hancock National Bank of Sparta, Georgia, a state depository for the term of four years. It gave a bond with the Fidelity and Deposit Com- pany of Maryland as surety in the sum of $10,000 for the faithful discharge of its duties. From time to time thereafter, until May 23, 1922, the tax collector of Hancock County deposited in the bank eee eeseses$E~xE eee «The bond to be made by the State depositories may be a personal bond or may be made by a deposit with the State treasurer of United States bonds or Georgia State bonds, or either one or both of said methods.’’ See. 1256, Code of Georgia (1910). Section.1252 provides that the depository bond shall have ‘‘the same binding force and effect as the bond required by law to be given by State treasurers, and, in case of default shall be enforced in like manner.*’ Section 218 of the Code relating to the treasurer's bond pro- vides that ‘‘s lien ig hereby created in favor of the State upon the property of the treasurer to the amount of aaid bond, and upon the property of the securities upon his said bond to the amount for which they may be severally liable, from the date of the exceution thereof.’ The Supreme Court of Georgia held, in cases involying state banks, that under these statutes the State acquires a lien on all the asscts of a depository bank, both those at the time of the execution of the bond and those subsequently acquired. See Seay v. Bank of Rome, 60 Ga. 609; Colquitt, Governor v. Simpsons, 72 Ga, 501; Simpson v, Ledbetter, 79 Ga. 159, Compare State #. Brobston, Receiver, 94 Ga. 95; Standard Accident Ina. Co. v. Luther Williams Bank & Trust Ce., 45 Ga. App. 831.