TITLE 8

PROVISIONAL REMEDIES IN CIVIL ACTIONS

CHAPTER 1

ARREST AND BAIL

8-115.  Return by sheriff of order and bail bond — Notice by plaintiff — Filing of bond. Within the time limited for that purpose, the sheriff must file the order of arrest in the office of the clerk of the court in which the action is pending, with his return indorsed thereon, together with a copy of the undertaking of the bail. The original undertaking he must retain in his possession until filed, as herein provided. The plaintiff within ten (10) days thereafter, may serve upon the sheriff a notice that he does not accept the bail, or he is deemed to have accepted them, and the sheriff is exonerated from liability. If no notice be served within ten (10) days, the original undertaking must be filed with the clerk of the court.

History:

[(8-115) C.C.P. 1881, sec. 284; R.S., R.C., & C.L., sec. 4254; C.S., sec. 6743; I.C.A., sec. 6-115.]