Agenda - 04-19-1988 - Laserfiche WebLink

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132-5 CH. 132. 1'U13L1C RECORDS q § 132-5.1 be guilty of a misdemeanor and upon conviction imprisoned for a term not exceeding two years or fined not exceeding one thousand in- dollars($1,000)or both. (1935,c. 265,s. 4; 1943,c. 237; 1973,c. 476, s. 48; 1975, c. 696, s. 1.) § 132-5. Demanding custody. Whoever is entitled to the custody of public records shall demand them from any person having illegal possession of them, who shall forthwith deliver the same to him. If the person who unlawfully possesses public records shall without just cause refuse or neglect for 10 days after a request made in writing by any citizen of the State to deliver such records to their lawful custodian, he shall be guilty of a misdemeanor and upon cimviction imprisoned for a term not exceeding two years or fined not exceeding one thousand dollars ($1,000) or both. (1935, c. 265, s.. 5; 1975, c. 696, s. 2.) rds § 132-5.1. Regaining custody; civil remedies. (a) The Secretary of the Department of Cultural Resources or his designated representative or any public official who is the custo- dian of public records which are in the possession of a the agency not authorized by the custodian or b law to person or a�,i,_ public records may petition the superior court in the county in ally which the person holding such records resides or in which the mate- of a rials in issue, or any part thereof, are located for the return of such lays public records. The court may order such public records to be deliv- of a eyed to the petitioner upon finding that the materials in issue are public records and that such public records are in the possession of ''S. a person not authorized by the custodian of the public records or by law to possess such public records. If the order of delivery does not receive compliance, the petitioner may request that the court en- force such order through its contempt power and procedures. (b) At any time after the filing of the petition set out in subsec- tion (a) or contemporaneous with such filing, the seeking the return of the public records may by ex public official request the judge or the court in which the action was filed to rant one of the following provisional remedies: grant ?qv. (I) An order directed at the sheriff commanding him to seize the materials which are the subject of the action and de- liver the same to the court under the circumstances herein- after set forth; or (2) A preliminary injunction preventing the sale, removal, dis- il posal or destruction of or damage to such public records pending a final judgment by the court. (c) The judge or court aforesaid shall issue an order of seizure or Kpi- grant a preliminary injunction upon receipt of an affidavit from the be petitioner which alleges that the materials at issue are public Mks, records and that unless one of said provisional remedies is the there is a danger that such materials shall be sold, secreted,tre call moved out of the State or otherwise disposed of so as not to be forthcoming to answer the final judgment in the same; or that such property may e destroyed or respecting red damaged or injured if not seized or if injunctive relief is not w granted. s - • . i 5 1 i i