2010 Mississippi Code
TITLE 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS
Chapter 1 - Public Officers; General Provisions.
25-1-73 - Officers liable for costs of collection of public funds improperly withheld.
§ 25-1-73. Officers liable for costs of collection of public funds improperly withheld.
Any officer, state, county, municipal, or district, or any other custodian of public funds or property who shall improperly withhold same from the state or county treasury or other authority whose duty it is to receive same, or who shall fail to turn property over to the proper custodian, or who shall in anywise be in default as to any money or property held by him as a public official in this state or in any other capacity as custodian of such funds or property which may come into his hands by virtue of his official position, whether in the proper performance of his official duties or otherwise, shall be liable on his bond for all costs of collection or recovery of money or property, including in such costs the commissions, if any, of the state tax commission or the attorney general, and all other costs connected therewith, including interest on funds improperly withheld for such time as such funds have been withheld, and reasonable rental and damages where property belonging to the public is so withheld. Any such public official who shall unlawfully pay any public funds to himself, or who shall knowingly and designedly pay such funds to any other person not entitled thereto without allowance regularly made by the proper authority, shall be liable on his official bond for all costs of recovery of such funds, including the commissions, if any, which may be due to the officer making the collection.
It is the purpose of this section to preserve in its entirety the public funds and property in this state; and it shall be so construed that the commissions, if any, and fees of the attorney general and the state tax commission, and all other costs of collection must be borne by such derelict official or custodian.
Sources: Codes, 1930, § 2915; 1942, § 4061; Laws, 1924, ch. 328; Laws, 1928, Ex ch. 90; Laws, 1962, ch. 588, § 18, eff from and after Jan. 1, 1964.
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