Section 43-2-255
Duty of judge, clerk or register to make payment; penalty.
It shall be the duty of the judge of probate, clerk or register receiving the money to pay over the same, less one half of one percent thereon, to the person entitled thereto, on demand; and for failure to do so, he incurs a penalty in favor of such person of 10 percent thereon, which, together with the money received and interest thereon, may be recovered by suit on his bond.
(Code 1876, §2629; Code 1886, §2288; Code 1896, §357; Code 1907, §2823; Code 1923, §6062; Code 1940, T. 61, §170.)