405 - Procedure when new officer assumes duties of office.

§ 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.