Title 45, Chapter 8, Section 25
( 45-8-25)
The official or county or municipal authority having jurisdiction to
cite for accounting may, without issuing or serving a citation or
notice, issue or cause to be issued an execution against any
defaulting collecting officer, officer to hold public funds, or any
bank or depository in which public funds have been deposited and the
sureties on the bonds of any of them for default as to any of the
matters as to which such officer, bank, depository, or surety might
be cited, and for the amount of the loss sustained by the public
body or public bodies alleged in such execution to be sustained
through such default. Such execution shall be prima-facie evidence
of the facts therein recited, including the amount of loss
sustained, and shall be enforceable as an execution for said amount;
provided, however, that the enforcement of such execution may be
arrested by proceedings in equity, or, after levy, by affidavit of
illegality in which the defendant in fi. fa. whose property has been
levied on shall deny liability for the amount set out in such
execution or some part thereof. The affidavit of illegality shall be
returned by the levying officer to the superior court of the county
in which the alleged defaulting officer resides. On the trial of the
case, whether in equity or on affidavit of illegality, the burden of
proof shall be on the official or authority issuing the execution.
Any other person, corporation, or public body at interest may on his
or its own motion or on motion of either party to the cause be made
a party thereto and be bound by the final judgment. Such an
execution shall become final process against any defendant in
execution named therein who shall endorse thereon in writing his
admission of the correctness of the same and an agreement that the
same shall proceed against him as final process, but such admission
shall not be binding on anyone except the person or corporation
signing the same. |