§7-5-12. Refusal to pay orders.
If any such officers as hereinbefore mentioned shall fail or
refuse to pay any draft or order lawfully drawn upon him, when he
has, or by the use of due diligence in the collection of the taxes
and moneys applicable to the payment of such draft, or order, might
have had, in his hands, moneys sufficient to pay the same, he shall
be guilty of a misdemeanor, and, upon conviction thereof, fined not
less than one hundred nor more than five hundred dollars, one half
of which fine shall go to the person injured by such failure or
refusal, and the other half to the state.