21-15-13. Justification by defendant's sureties and delivery of property--Responsibility of sheriff--Delivery to plaintiff on failure to justify.
The defendant's sureties, upon a notice to the plaintiff of not less than two nor more than six days, shall justify in the same manner as upon bail on arrest; upon such justification the sheriff shall deliver the property to the defendant. The sheriff shall be responsible for the sufficiency of the defendant's sureties until they justify, or until justification is completed or expressly waived, and may retain the property until that time; but if they, or others in their place, fail to justify at the time and place appointed, he shall deliver the property to the plaintiff.
Source: CCivP 1877, §182; CL 1887, §4978; RCCivP 1903, §190; RC 1919, §2417; SDC 1939 & Supp 1960, §37.3807.
Structure South Dakota Codified Laws
Chapter 15 - Claim And Delivery Of Personal Property
Section 21-15-2 - Contents of plaintiff's affidavit.
Section 21-15-4 - Undertaking required of plaintiff--Contents--Waiver.
Section 21-15-5 - Cash in lieu of undertaking deposited with clerk or judge--Terms of deposit.
Section 21-15-6 - Seizure of property by sheriff--Safekeeping and delivery.
Section 21-15-7 - Seizure of property kept in building.
Section 21-15-8 - Papers served on defendant when property seized.
Section 21-15-10.1 - Notice of justification--Additional surety--Time and place of hearing.
Section 21-15-10.2 - Appearance and examination of sureties.
Section 21-15-10.3 - Allowance by judge--Effect.
Section 21-15-10.4 - Costs of justification.
Section 21-15-11 - Qualifications and justification of plaintiff's sureties.
Section 21-15-11.1 - Qualifications of bail.
Section 21-15-12 - Defendant's undertaking or deposit to retain possession--Terms.
Section 21-15-14 - Delivery of property to plaintiff if return not required by defendant.