§6-5-10. Procedure on failure to deliver property to successor;
If the predecessor of any officer fail to comply with any of
the requirements of the preceding section, it shall be the duty of
such officer to notify the prosecuting attorney of the county of
such failure, who shall forthwith proceed to recover the property,
if it can be found, and to place the official bond of such
delinquent party in suit, and there shall be a recovery on his
official bond of the value of all property not delivered as
required by the preceding section or recovered, and, unless it
appear that such failure was through no fault of the party
complained of, a penalty of one hundred dollars, and the costs of
the suit, including an attorney's fee of ten dollars. The penalty
recovered in the suit on the bond shall be paid into the general
school fund of the state.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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