23A-43-20.(Rule 46(d)) Justification by sureties--Findings as to financial responsibility--Attorney not to be surety.
Every surety, except a corporate surety authorized by chapter 58-21, shall justify by affidavit and may be required to describe in the affidavit the property by which he proposes to justify and the encumbrances on it, the number and amount of other bonds and undertakings for bail entered into by him and remaining undischarged and all his other liabilities. No bond shall be approved unless the surety or sureties, in the opinion of the judge, or magistrate authorized to admit to bail, are financially responsible in at least the amount of the bond. No practicing attorney shall be a surety on any bond.
Source: CCrimP 1877, §555; CL 1887, §7607; RCCrimP 1903, §588; RC 1919, §4598; SDC 1939 & Supp 1960, §34.1805; SDCL, §23-26-6; SL 1978, ch 178, §521.