The bond required in section 271.010 shall contain a condition that the taker-up will not sell or exchange, take out of this state, abuse or willfully or negligently mistreat, or take out of the county more than five days at a time, any such stray before the legal title shall have vested in him, and that he will deliver up such stray to the legal owner in the manner prescribed by law, and that if the owner does not prove the same within the time limited, he will faithfully account for and pay over the contingent amount due the school fund. When the associate circuit judge shall approve such bond he shall forward it to the county clerk, and on breach of the conditions thereof, the party injured, or any resident of the county, to the use of the school fund, as the case may be, may bring suit thereon.