If any recorder neglects or refuses or fails to record any instrument, paper or notice authorized by law to be recorded, in the manner provided for in sections 31-2412 , 31-2413 and 31-2414 , Idaho Code, he shall be liable to the party aggrieved for the amount of the damages which may be occasioned thereby, and for each such neglect or failure or refusal, whether damages are recovered by an aggrieved party or not, he shall pay into the current expense fund of his county the sum of fifty dollars ($50.00), which may be recovered by an action which it is the duty of the prosecuting attorney to prosecute. All penalties provided by this section shall be recoverable from the recorder upon his official bond.
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