§ 14-15-416 — Failure to perform duty

Any recorder to whom any deed or other writing proved or acknowledged according to law is delivered for record shall forfeit and pay any sum not exceeding five hundred dollars ($500), to be recovered by action on his or her official bond, one-half (1/2) to the use of the county and one-half (1/2) to the use of the person who shall sue for it, and he or she shall also be liable to any person injured for all damages he or she may have sustained thereby, to be recovered by action on the official bond of the recorder if the recorder: (1) Neglects or refuses to make an entry or give a receipt therefor, as required by §§ 14-15-402 , 14-15-409 , and 14-15-410 ; (2) Neglects or refuses to record the deed or writing within a reasonable time after receiving the deed or writing; (3) Records any deed or instrument of writing before another first deposited in his or her office and entitled to be recorded; (4) Records any deed or other writing incorrectly; or (5) Neglects or refuses to provide and keep in his or her office such indices as required by § 14-15-414 . Rev. Stat., ch. 124, § 17; C. & M. Dig., § 8635; Pope's Dig., § 11227; A.S.A. 1947, § 16-111.