§ 128-10. Citizen to recover funds of county or town retained by delinquent official.
§128‑10. Citizen to recover funds of county or town retained bydelinquent official.
When an official of a county,city or town is liable upon his bond for unlawfully and wrongfully retaining byvirtue of his office a fund, or a part thereof, to which the county, city ortown is entitled, any citizen and taxpayer may, in his own name for the benefitof the county, city or town, institute suit and recover from the delinquentofficial the fund so retained. Any county commissioners, aldermen, councilmenor governing board who fraudulently, wrongfully and unlawfully permit anofficial so to retain funds shall be personally liable therefor; any citizenand taxpayer may, in his own name for the benefit of the county, city or town,institute suit and recover from such county commissioners, aldermen,councilmen, or governing board, the fund so retained. Before instituting suitunder this section, the citizen and taxpayer shall file a statement before thecounty commissioners, treasurer, or other officers authorized by law toinstitute the suit, setting forth the fund alleged to be retained or permittedto be retained, and demanding that suit be instituted by the authoritiesauthorized to sue within 60 days. The citizen and taxpayer so suing shallreceive one‑third part, up to the sum of five hundred dollars ($500.00),of the amount recovered, to indemnify him for his services, but the amountreceived by the taxpayer and citizen as indemnity shall in no case exceed fivehundred dollars ($500.00). (1913, c. 80; C.S., s. 3206.)