19-25-57 - Property delivered to successor sheriff.
§ 19-25-57. Property delivered to successor sheriff.
Every sheriff who shall have levied an execution or other process on goods and chattels which shall remain in his possession unsold at the expiration of his term of office, shall deliver the same to his successor in office, taking his receipt therefor. The sheriff to whom such goods and chattels are delivered shall sell the same in like manner as his predecessor ought to have done had he remained in office, and shall pay the proceeds of the sale to the parties entitled thereto. If any sheriff fails to deliver to his successor any goods and chattels so levied on and remaining in his hands, on demand therefor, the plaintiff in the execution or other process, upon five days' notice thereof, may move the court from which the writ issued, against the sheriff so failing, and his sureties and their executors and administrators, upon which motion judgment shall be entered for the amount of the execution or other process, with interest, and five per centum damages and costs.
Sources: Codes, Hutchinson's 1848, ch. 28, art 3 (11); 1857, ch. 6, art 126; 1871, § 232; 1880, § 338; 1892, § 4126; 1906, § 4678; Hemingway's 1917, § 3095; 1930, § 3325; 1942, § 4250.