26-9-16. Separate suit not required to recover on bond--Order to show cause--Judgment on bond.
As a part of the conditions of any bond mentioned in §26-9-15, it shall be understood that it shall not be necessary to bring a separate suit to recover the penalty of any such bond which has become forfeited, but the court may cause a citation or summons to issue to the surety or sureties thereon, requiring that he or they appear at a time named by the court, which time shall be not less than ten nor more than twenty days from the issuance thereof, and show cause, if any there be, why judgment should not be entered for the penalty of such bond and execution issue for the amount thereof against the property of the surety or sureties thereon, as in civil cases, and upon failure to appear or failure to show any such sufficient cause, the court shall enter such judgment in behalf of the state against the principal and such surety or sureties on such bond, not to exceed the sum of one thousand dollars including the costs.
Source: SDC 1939, §43.0404.
Structure South Dakota Codified Laws
Chapter 09 - Contributing To Delinquency Or Dependency
Section 26-9-2 - Short terms used to describe offenses.
Section 26-9-3 - Original jurisdiction of prosecutions.
Section 26-9-5 - Interpretation and construction in prosecutions under chapter.
Section 26-9-6 - Actual abuse, neglect, or delinquency not required for conviction.
Section 26-9-7 - Liberal construction for protection of child.
Section 26-9-8 - Criminal proceedings under other laws not prevented.
Section 26-9-9 - Consistency with other laws for support and protection of children.
Section 26-9-11 - Suspension, stay, or postponement of sentence--Release from custody on condition.
Section 26-9-13 - Enforcement of sentence after suspension or stay--Commencement of jail term.