Section 405. Procedure when new officer assumes duties of office  


Latest version.
  • 1.  When a
      newly  elected  or  appointed county officer has qualified by taking and
      filing the official oath and undertaking required of  him  by  law,  the
      certificate  furnished  by  the  county  clerk  pursuant to section four
      hundred shall be his authority to demand of his predecessor the  custody
      of  all  books,  records,  maps, papers, equipment, supplies, moneys and
      property of the county to which such officer is entitled and directed to
      have custody. Such  inventories,  statements  or  receipts,  as  may  be
      required  of  such officer by local law or by resolution of the board of
      supervisors, shall be given. If the outgoing officer  shall  have  died,
      the administrator or executor of his estate may also demand a receipt of
      the successor in office.
        2.  The  outgoing  sheriff,  or  the  officer acting as sheriff, shall
      deliver the custody of all prisoners confined in the jail, together with
      all books, records, process,  mandates,  commitments  and  other  papers
      pertaining  to  the  office,  to  the new sheriff and duplicate receipts
      shall be given therefor. Uncompleted property executions and  executions
      directed against wages, earnings or income of a judgment-debtor shall be
      delivered to the new sheriff.
        3.  The failure of any outgoing officer to deliver such custody within
      ten days after such certificate has been delivered  and  a  demand  made
      thereon,  shall entitle the successor in office to maintain an action in
      the name of the county  against  said  predecessor  in  office,  or  the
      administrator  or  executor  of  his  estate, or against any employee or
      other person having possession thereof, to obtain such  custody  and  to
      recover  any damages that may have been suffered by the county by reason
      of such detention, together with a penalty of five hundred dollars.  The
      county  attorney shall appear for such county officer suing on behalf of
      the county and the recovery together with the statutory costs  shall  be
      the property of the county and may be used for general county purposes.