21-15-16. Sheriff's report of proceedings--Papers attached--Contempt and amercement or civil action for failure or neglect.
Within twenty days after taking the property, the sheriff shall make a verified report of his proceedings in taking and disposing of it, and file the same together with the original affidavit, order authorizing delivery, undertaking, or receipt, and a copy of his notice of levy, with the clerk of the court in which the action is pending.
The failure or neglect of the sheriff to make such verified report of his proceedings and file the same in the office of the clerk with the other documents above specified in the manner and within the time above required shall not however void his proceedings under the affidavit and endorsement but shall render him liable to punishment by the court as for contempt and liable by amercement or civil action to any person thereby injured in like manner as is provided with reference to writs, warrants and executions by §15-18-44.
Source: CCivP 1877, §187; CL 1887, §4983; RCCivP 1903, §195; RC 1919, §2422; Supreme Court Rule 595, 1939; SDC 1939, §37.3808; SL 1951, ch 196; SL 1973, ch 145, §3.
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.