§ 405. Procedure when new officer assumes duties of office.
1.When a\nnewly elected or appointed county officer has qualified by taking and\nfiling the official oath and undertaking required of him by law, the\ncertificate furnished by the county clerk pursuant to section four\nhundred shall be his authority to demand of his predecessor the custody\nof all books, records, maps, papers, equipment, supplies, moneys and\nproperty of the county to which such officer is entitled and directed to\nhave custody. Such inventories, statements or receipts, as may be\nrequired of such officer by local law or by resolution of the board of\nsupervisors, shall be given. If the outgoing officer shall have died,\nthe administrator or executor of his estate may also demand a receipt of\nthe successor in
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§ 405. Procedure when new officer assumes duties of office. 1. When a\nnewly elected or appointed county officer has qualified by taking and\nfiling the official oath and undertaking required of him by law, the\ncertificate furnished by the county clerk pursuant to section four\nhundred shall be his authority to demand of his predecessor the custody\nof all books, records, maps, papers, equipment, supplies, moneys and\nproperty of the county to which such officer is entitled and directed to\nhave custody. Such inventories, statements or receipts, as may be\nrequired of such officer by local law or by resolution of the board of\nsupervisors, shall be given. If the outgoing officer shall have died,\nthe administrator or executor of his estate may also demand a receipt of\nthe successor in office.\n 2. The outgoing sheriff, or the officer acting as sheriff, shall\ndeliver the custody of all prisoners confined in the jail, together with\nall books, records, process, mandates, commitments and other papers\npertaining to the office, to the new sheriff and duplicate receipts\nshall be given therefor. Uncompleted property executions and executions\ndirected against wages, earnings or income of a judgment-debtor shall be\ndelivered to the new sheriff.\n 3. The failure of any outgoing officer to deliver such custody within\nten days after such certificate has been delivered and a demand made\nthereon, shall entitle the successor in office to maintain an action in\nthe name of the county against said predecessor in office, or the\nadministrator or executor of his estate, or against any employee or\nother person having possession thereof, to obtain such custody and to\nrecover any damages that may have been suffered by the county by reason\nof such detention, together with a penalty of five hundred dollars. The\ncounty attorney shall appear for such county officer suing on behalf of\nthe county and the recovery together with the statutory costs shall be\nthe property of the county and may be used for general county purposes.\n