(1) It shall be the duty of the county surveyor, or other person having the official record of the surveyor in his or her possession, to deliver up the record to his or her successor whenever he or she may be applied to for that purpose.
(2) If the surveyor, or the person having the possession of the record, shall refuse to deliver it to such successor when demanded, he or she shall forfeit and pay the sum of one dollar ($1.00) per day for every day he or she may retain it after demanded, to be recovered by a civil action before any justice of the peace, in the name of any person who may sue for it, one-half (½) to the use of the person suing and one-half (½) to the use of the county.