For failing to make such index as prescribed, the register shall forfeit one hundred dollars ($100), one-half (½) to the use of the state and the other one-half (½) to any person who shall sue for the same.
Code 1858, § 455 (deriv. Acts 1839-1840, ch. 26, § 12); Shan., § 569; Code 1932, § 824; T.C.A. (orig. ed.), § 15-207.