§ 80 — Delivery of books and papers, money and property

New York § 80

• Jurisdiction: New York
• Law PBO: Public Officers
• Art. 5: Delivery of Public Books

Text

§ 80. Delivery of books and papers, money and property. A public\nofficer shall demand from his predecessor in office or any person in\nwhose possession they may be, a delivery to such officer of all books\nand papers, money and property belonging or appertaining to such office.\nIf such demand is refused, such officer may make complaint thereof to\nany justice of the supreme court of the district, or to the county judge\nof the county in which the person refusing resides. If such justice or\njudge be satisfied that such books or papers, money and property are\nwithheld, he shall grant an order directing the person refusing to show\ncause before him at a time specified therein, why he should not deliver\nthe same. At such time, or at any time to which the matter may be\nadjourned, on proof of the due service of the order, such justice or\njudge shall proceed to inquire into the circumstances. If the person\ncharged with withholding such books or papers, money and property makes\naffidavit before such justice or judge that he has delivered to the\nofficer all books and papers, money and property in his custody which,\nwithin his knowledge, or to his belief belong or appertain thereto, such\nproceedings before such justice or judge shall cease, and such person be\ndischarged. If the person complained against shall not make such oath,\nand it appears that any such books or papers, money and property are\nwithheld by him, such justice or judge shall commit him to the county\njail until he delivers such books and papers, money and property, or is\notherwise discharged according to law. On such commitment, such justice\nor judge, if required by the complainant, shall also issue his warrant\ndirected to any sheriff or constable, commanding him to search, in the\ndaytime, the places designated therein, for such books and papers, money\nand property, and to bring them before such justice or judge. If any\nsuch books and papers, money and property, are brought before him by\nvirtue of such warrant, he shall determine whether they appertain to\nsuch office, and if so shall cause them to be delivered to the\ncomplainant.\n