Section 21-15-11.1 – Qualifications of bail.
21-15-11.1. Qualifications of bail. The qualifications of bail are as follows: (1)Each of them shall be a resident and freeholder within the State of South Dakota; (2)They shall each be worth double the amount of the undertaking, exclusive of property exempt from execution; but the court may allow more than one surety to justify severally […]
Section 21-15-12 – Defendant’s undertaking or deposit to retain possession–Terms.
21-15-12. Defendant’s undertaking or deposit to retain possession–Terms. At any time before delivery of the property to the plaintiff, the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof, upon giving to the sheriff a written undertaking, or receipt for cash deposit, as in this chapter provided, […]
Section 21-15-13 – Justification by defendant’s sureties and delivery of property–Responsibility of sheriff–Delivery to plaintiff on failure to justify.
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 […]
Section 21-15-14 – Delivery of property to plaintiff if return not required by defendant.
21-15-14. Delivery of property to plaintiff if return not required by defendant. If a return of the property be not required pursuant to §21-15-12 within three days after the taking and service of papers on defendant, it shall be delivered to the plaintiff unless claimed in the meantime by a third person in the manner […]
Section 21-15-15 – Notice to sheriff of third-party claim to property–Indemnity required of plaintiff.
21-15-15. Notice to sheriff of third-party claim to property–Indemnity required of plaintiff. If the property taken be claimed by any other person than the defendant or his agent, and such person shall make affidavit of his title thereto and right to the possession thereof, stating the grounds of such right and title, and serve the […]
Section 21-15-16 – Sheriff’s report of proceedings–Papers attached–Contempt and amercement or civil action for failure or neglect.
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 […]
Section 21-15-10.2 – Appearance and examination of sureties.
21-15-10.2. Appearance and examination of sureties. For the purpose of justification, each of the sureties shall appear before the judge at the time and place mentioned in the notice, and may be examined on oath on the part of the defendant or the sheriff, or both, touching his sufficiency, in such manner as the judge, […]
Section 21-15-10.3 – Allowance by judge–Effect.
21-15-10.3. Allowance by judge–Effect. If the judge finds the surety sufficient, he shall endorse his allowance thereon, and cause it to be filed with the clerk; and the sheriff thereupon shall be exonerated from liability. Source: SL 1984, ch 159, §4.
Section 21-15-10.4 – Costs of justification.
21-15-10.4. Costs of justification. The costs of the justification shall be paid by the plaintiff if the same is found not sufficient, but if sufficient, then the defendant shall pay the costs of the justification. The costs of such justification shall be taxed by the court as other costs are taxed. Source: SL 1984, ch […]
Section 21-15-11 – Qualifications and justification of plaintiff’s sureties.
21-15-11. Qualifications and justification of plaintiff’s sureties. The qualifications of sureties and their justification shall be as prescribed in §21-15-11.1, except that one personal surety, or a surety company authorized to do business in this state, or a cash deposit, shall be sufficient. Source: CCivP 1877, §183; CL 1887, §4979; RCCivP 1903, §191; RC 1919, […]