Actions against county auditor for losses sustained by State and county through defalcation of county assessor.
1. The county auditor shall be liable on his official bond for double the amount of the loss that the State and county may sustain through the defalcation of the county assessor, or otherwise, in cases where he has not notified the district attorney of the neglect or refusal of the county assessor to make his monthly statement, under oath, of collection of the tax on movable personal property as required by law.
2. The State Controller shall have direction and control of all suits brought against the county auditor under this section. A copy of the statement of amount lost by the State and county, made out and certified by the State Controller, shall be sufficient evidence to support an action in any court of competent jurisdiction for the amount of such loss without proof of the signature or official character of the State Controller, subject, however, to the right of the defendant to plead and give in evidence, as in other actions, all such matters as shall be legal and proper for his defense or discharge.
3. One-half of all moneys recovered under such suit against the county auditor shall go into the General Fund of the State and one-half shall go into the general fund of the county.
Last modified: February 27, 2006