Sheriff's report of proceedings--Papers attached--Contempt and amercement or civil action for failure or neglect.

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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.


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