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.
Structure Mississippi Code
Title 25 - Public Officers and Employees; Public Records
Chapter 1 - Public Officers; General Provisions
§ 25-1-3. Date terms begin for state officers, except the governor
§ 25-1-5. Date terms begin for district, county, and beat officers
§ 25-1-9. Oath of office taken
§ 25-1-11. Oath of office filed
§ 25-1-13. State officials to make guaranty or surety bonds
§ 25-1-15. Conditions of official bonds; new bonds to be secured every four years
§ 25-1-17. Official bonds payable to state
§ 25-1-23. Procedure for determining sufficiency of doubtful bond
§ 25-1-25. New bond required in certain cases
§ 25-1-27. Release of surety on bond of local officer or employee
§ 25-1-29. Release of surety on bond of state officer
§ 25-1-35. Commission not necessary
§ 25-1-37. Acts of de facto officer valid
§ 25-1-39. Deputy to discharge duty after death of officer
§ 25-1-41. Informal bonds valid
§ 25-1-43. Officer not to make contract without authority
§ 25-1-45. Civil liability for failure to perform duty
§ 25-1-49. Seller may recover claim unlawfully brought by an officer
§ 25-1-51. Confiscated property: prohibited acquisition; disposition by sheriff; subsequent recovery
§ 25-1-53. Nepotism prohibited
§ 25-1-55. Penalty for nepotism
§ 25-1-57. Undated or postdated resignations
§ 25-1-59. Vacancy by removal or default
§ 25-1-61. Legal residence of state officers
§ 25-1-63. Defaulting officers published
§ 25-1-65. Expense of publication
§ 25-1-67. Public moneys to be promptly paid by legal representatives
§ 25-1-69. Officer not to carry or deposit public funds outside state
§ 25-1-71. Public moneys are trust funds
§ 25-1-72. Duty to deposit funds into county depository
§ 25-1-73. Officers liable for costs of collection of public funds improperly withheld
§ 25-1-75. Duplicate receipt books upon transfer of funds
§ 25-1-79. Use of state-owned automobiles
§ 25-1-81. Expense accounts and reports as to state-owned automobiles
§ 25-1-83. Attending conventions, associations, or meetings
§ 25-1-87. Marking publicly owned or leased vehicle; exceptions; effect of noncompliance
§ 25-1-89. Donated automobiles
§ 25-1-91. Penalties regarding state-owned automobiles
§ 25-1-93. Provisions inapplicable to Governor
§ 25-1-98. Opening and staffing of state offices; legal holidays, construction of "workday."
§ 25-1-99. County office hours
§ 25-1-101. State-furnished books
§ 25-1-102. Certain attorneys' work product exempt from public access requirements
§ 25-1-103. Certain offices held by same person
§ 25-1-105. Application of prohibition against striking to public employees and employers
§ 25-1-107. Date of postmark as proof of date of payment or report
§ 25-1-111. Prevention of disclosure by state agencies of social security numbers