Title 15, Chapter 21, Section 56
( 15-21-56)
(a) At any time, any claimant claiming any interest in the fine and
forfeiture fund (including the officer or officers in charge of the
roads and revenues of the county, on behalf of the county, and in
the interest of the county in securing all moneys due hereunder to
the general fund of the county for the purpose of paying expenses of
the courts, the maintenance and support of prisoners, the payment to
sheriffs and coroners for litigation, and payment of all legal
demands as aforesaid) may proceed as provided by law by rule and
attachment against the county treasurer and the prosecuting officer. (b) In the proceeding or rule the court may seize any such funds
which are a part of the fine and forfeiture fund, by whomever held,
under appropriate order and may order the funds paid into the
registry of the court. To that end, for the purpose of carrying
into effect this entire article, the court may join any necessary
parties. (c) The court, and the judge thereof, shall order such additional
notice and service which to the court shall seem proper in order to
protect the rights of all parties interested in the fund. The
proceeding shall be in the nature of an equitable proceeding and
shall be governed by all established rules and maxims of equity.
The court may pass such orders and order such disposition of funds
in the registry of the court, in the county treasury, or in the
hands of any custodian of the fine and forfeiture fund as will
ensure such payment to officers of court, to other legal claimants,
or to the county, in lieu of the salary of officers of court, of the
insolvent costs of such officers earned during their term of office,
such payment to be out of fines and forfeitures collected during
such terms as is provided by law. |