405. Procedure when new officer assumes duties of office. 1. When a newly elected or appointed county officer has qualified by taking and filing the official oath and undertaking required of him by law, the certificate furnished by the county clerk pursuant to section four hundred shall be his authority to demand of his predecessor the custody of all books, records, maps, papers, equipment, supplies, moneys and property of the county to which such officer is entitled and directed to have custody. Such inventories, statements or receipts, as may be required of such officer by local law or by resolution of the board of supervisors, shall be given. If the outgoing officer shall have died, the administrator or executor of his estate may also demand a receipt of the successor in office.
2. The outgoing sheriff, or the officer acting as sheriff, shall deliver the custody of all prisoners confined in the jail, together with all books, records, process, mandates, commitments and other papers pertaining to the office, to the new sheriff and duplicate receipts shall be given therefor. Uncompleted property executions and executions directed against wages, earnings or income of a judgment-debtor shall be delivered to the new sheriff.
3. The failure of any outgoing officer to deliver such custody within ten days after such certificate has been delivered and a demand made thereon, shall entitle the successor in office to maintain an action in the name of the county against said predecessor in office, or the administrator or executor of his estate, or against any employee or other person having possession thereof, to obtain such custody and to recover any damages that may have been suffered by the county by reason of such detention, together with a penalty of five hundred dollars. The county attorney shall appear for such county officer suing on behalf of the county and the recovery together with the statutory costs shall be the property of the county and may be used for general county purposes.
Last modified: February 3, 2019