§ 80. Delivery of books and papers, money and property. A public
officer shall demand from his predecessor in office or any person in
whose possession they may be, a delivery to such officer of all books
and papers, money and property belonging or appertaining to such office.
If such demand is refused, such officer may make complaint thereof to
any justice of the supreme court of the district, or to the county judge
of the county in which the person refusing resides. If such justice or
judge be satisfied that such books or papers, money and property are
withheld, he shall grant an order directing the person refusing to show
cause before him at a time specified therein, why he should not deliver
the same. At such time, or at any time to which the matter may be
adjourned, on proof of the due service of the order, such justice or
judge shall proceed to inquire into the circumstances. If the person
charged with withholding such books or papers, money and property makes
affidavit before such justice or judge that he has delivered to the
officer all books and papers, money and property in his custody which,
within his knowledge, or to his belief belong or appertain thereto, such
proceedings before such justice or judge shall cease, and such person be
discharged. If the person complained against shall not make such oath,
and it appears that any such books or papers, money and property are
withheld by him, such justice or judge shall commit him to the county
jail until he delivers such books and papers, money and property, or is
otherwise discharged according to law. On such commitment, such justice
or judge, if required by the complainant, shall also issue his warrant
directed to any sheriff or constable, commanding him to search, in the
daytime, the places designated therein, for such books and papers, money
and property, and to bring them before such justice or judge. If any
such books and papers, money and property, are brought before him by
virtue of such warrant, he shall determine whether they appertain to
such office, and if so shall cause them to be delivered to the
complainant.